Railroad_Boring_Services_Briarwood_Road.pdf

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Greenwood Metropolitan District, SC

RFB: 2026-RFB-008

RAILROAD BORING SERVICES BRIARWOOD ROAD

RELEASE DATE: October 1, 2026

RESPONSE DEADLINE: October 27, 2026, 4:00 pm

Please refer to the project timeline in this document for all important deadlines.

#2026-RFB-008

Title: Railroad Boring Services Briarwood Road

Table Of Contents

1. INSTRUCTIONS TO BIDDERS

2. INFORMATION FOR BIDDERS

3. GENERAL CONDITIONS

4. SPECIAL PROVISIONS

5. BID SCHEDULE

6. VENDOR QUESTIONNAIRE

7. ATTACHMENTS

Attachments:

A - Woodlawn FM Plans (Bid Set)

B - Briarwood Road Original DWG

C - CSX1061258 -Greenwood Metropolitan District Agreement - signed by GMD

D - Old Briarwood Rd CSX Agreement - April 1995

G - 2024 Design Manual w-Appendices

H - Bid Bond - Submit with Bid

I - Certificate of Owner's Attorney

J - Proposed Standard Form of Agreement

K - For Information Only - SAMPLE of Special Provisions Forms

L - Sample Payment Bond

M - Sample Performance Bond

INSTRUCTIONS TO BIDDERS

REQUEST FOR BID

Railroad Boring Services Briarwood Road

Owner: Greenwood Metropolitan District (GMD)

Receipt of Bids: Separate sealed bids for Railroad Boring Services Briarwood Road will be received electronically by GMD at https://procurement.opengov.com/portal/gmdsc before 4:00 pm on Tuesday, October

27, 2026, and publicly opened and read aloud at the Emmett F Brooks Facility, 110 Metro Drive, Greenwood, SC 29646.

Timeline:

Release Project Date: October 1, 2026

Individual Site Visit Request Deadline: October 13, 2026, 4:00pm

Group Site Visit (Mandatory): October 21, 2026, 10:00am

Greenwood Metropolitan District, Emmett F

Brooks Facility, 110 Metro Drive, Greenwood, SC 29646

Question Submission Deadline: October 21, 2026, 4:00pm

Response Submission Deadline: October 27, 2026, 4:00pm

Electronic Bids: Bids must be submitted electronically via https://procurement.opengov.com/portal/gmdsc.

Electronic bids must be received no later than 4:00 pm on Tuesday, October 27, 2026. Electronic bids received after this time will not be accepted. The vendor is responsible for confirming receipt of bid. GMD will not be responsible for electronic bids that are delayed.

Description: Railroad Boring Services Briarwood Road

Bidder Requirements: Provide sealed bid, on proposal form including all pertinent contact information and the following:

• All required information in the VENDOR QUESTIONNAIRE section.

Questions and Answers: Questions will be received via https://procurement.opengov.com/portal/gmdsc until

4:00 pm on Wednesday, October 21, 2026.

Post-Bid Opening Inquiries: Following public bid openings, a copy of the preliminary bid tabulation can be provided to bidders upon written request to the Purchasing Director, Marsha Meyer at mmeyer@gmdsc.gov.

https://procurement.opengov.com/portal/gmdsc https://procurement.opengov.com/portal/gmdsc https://procurement.opengov.com/portal/gmdsc/projects/301089/document?section=2886356

INFORMATION FOR BIDDERS

SECTION 01110

1. RFB QUESTIONS & ANSWERS

GMD is not bound by, and proposers may not request or rely on any oral interpretation or clarification of this

RFB. Any questions regarding this RFB are encouraged, and should be submitted electronically using the

Question and Answer tab of this RFB on GMD's online e-procurement portal, which can be accessed at https://procurement.opengov.com/portal/gmdsc

Questions received on or before the Deadline to Submit Questions in the Schedule of Events will be posted on the Question and Answer tab of this RFB in the e-procurement portal, per the Schedule of Events. Answers to questions from any proposer will be available to all proposers.

In the event it becomes necessary to revise, change, modify or cancel this RFB or to provide additional information, addenda will be issued in the e-procurement portal.

2. RECEIPT AND OPENING OF BIDS

Bids will be received and opened publicly as specified in the INSTRUCTIONS TO BIDDERS. Submittals must be submitted electronically via https://procurement.opengov.com/portal/gmdsc. Any submittals not in this format may be considered “irregular” and could be cause for rejection. It is the contractor’s responsibility to assure their submittal is delivered at the proper time and place indicated. Submittals, which for any reason are not so delivered, will be rejected.

3. LICENSES

A. The attention of the Bidders is directed to the provisions of the acts for licensing of General Contractors for the State of South Carolina and all requirements of such acts which have bearing upon this work shall be deemed a part of the Specifications as if written therein in full. The showing by the Contractor of his license number shall be deemed as the Contractor's representation that he is legally qualified to enter into the prescribed Contract for any or all portions of the work included in his Bid.

B. All Bidders submitting a Bid shall have a currently valid "Contractor's License" for the State of South

Carolina. These license numbers shall be shown on the Bid Schedule immediately below the signature identification and on the face of the sealed envelope containing the submitted Bid.

C. Subcontractors who will be engaged by the General Contractor shall also hold the licenses as required by the State of South Carolina. The General Contractor and all subcontractors shall be responsible for determining all licensing requirements by the State of South Carolina.

4. BID SECURITY

A. Each Bid must be accompanied by a certified check from the Bidder or a Bid Bond duly executed by the

Bidder as principal and having as surety thereon a surety company qualified to do business under the laws of the State of South Carolina and satisfactory to the Owner, both made payable to the Owner, in the amount not less than five percent (5%) of the Bid. If the Bidder chooses to submit a certified check, the check shall be made payable to the Owner with the project name and "For Bid Security" in the memo line.

B. Bid Security will be returned to each Bidder after the Contract and Contract bond(s) have been executed.

Bid securities may be returned earlier to unsuccessful Bidders, at the option of the Engineer.

5. EXAMINATION OF DRAWINGS AND SPECIFICATIONS

A. Each Bidder shall carefully examine the Drawings and Specifications and all Addenda or other revisions thereto and thoroughly familiarize himself with the detailed requirements thereof prior to submitting a

Bid. If any Bidder is in doubt as to the true meaning of any part of the Drawings, Specifications, and other documents, or if any error, discrepancy, conflict, or omission is noted, the Bidder should immediately contact the Engineer in writing and request clarification. The Engineer will clarify the intent of the documents and/or correct such error, discrepancy, conflict or omission and will notify all

Bidders by Addendum in cases where the extent of work or the cost thereof will be appreciably affected.

No allowance will be made after the Bids are received for oversight by a Bidder.

6. EXAMINATION OF SITE

A. Each Bidder shall visit the site of proposed work and fully acquaint himself with conditions relating to construction and labor so he may fully understand facilities, difficulties, and restrictions attending execution of work under contract. By executing the Agreement, the Contractor represents that he has visited the site, familiarized himself with the local conditions under which the work is to be performed, and correlated his observations with the requirements of the Contract Documents.

B. Contractor may request an individual site visit per instructions to bidders. A group site visit will be held for remaining bidders per instructions to bidders. Individual site visit attendance will be counted as attendance for the mandatory group site visit.

7. INFORMATION NOT GUARANTEED

A. All information given on the Drawings or in the Contract Documents relating to subsurface conditions, existing structures, location of utilities, sewer inverts, pipe diameters, or other information on existing facilities, is from the best sources at present available to the Owner. All such information is furnished only for the information and convenience of the Bidders.

B. It is agreed and understood that the Owner does not warrant or guarantee that the conditions, pipes, or other structures encountered during construction will be the same as those indicated on the Drawings or in the Contract Documents. The Bidder must satisfy himself regarding the character, quantities, and conditions of the various materials and the work to be done.

C. It further is agreed and understood that the Bidder or the Contractor will not use any of the information made available to him or obtained in any examination made by him in any manner as a basis or grounds of claim or demand of any nature, against the Owner or the Engineer, arising from or by reason of any variance which may exist between the information offered by the actual materials or structures encountered during the construction work, except as may otherwise be provided for in the Contract

Documents.

D. If any work is performed by the Contractor, or any subcontractor, prior to adequate verification of applicable data, any resultant extra cost for adjustment of work necessary to conform to existing conditions, or damage to existing facilities, shall be assumed by the Contractor without reimbursement or compensation by the Owner.

8. INFORMATION AVAILABLE TO BIDDERS

Installation drawings for previous bore included in Attachments to this bid.

9. ADDENDA AND INTERPRETATIONS

A. No interpretation of the meaning of the Drawings, Specifications, or other Contract Documents will be made orally to any Bidder by the Engineer, Owner or any other representative prior to award of the

Contract.

B. Every request for such interpretation should be in writing addressed to the Engineer. To be given consideration, such request must be received at least three (3) days prior to the date scheduled for the opening of bids. Any and all such interpretations and any supplemental instructions will be made in the form of written Addenda to the Specifications which, if issued, will be mailed by overnight delivery and/or via electronic delivery to all prospective Bidders (at the respective address furnished for such purposes), not later than two (2) days prior to the date scheduled for the opening of bids. Failure of any

Bidder to receive any such Addendum or interpretation shall not relieve such Bidder from any obligation under his Bid as submitted. All Addenda so issued shall become part of the Contract Documents.

10. COMPLETE WORK REQUIRED

A. The Drawings, Specifications, GMD Design Manual and all supplementary documents are essential parts of the Contract, and requirements occurring in one are as binding as though occurring in all. They are intended to be cooperative, to describe and provide for complete work. In case of discrepancy on the

Drawings, figured dimensions shall govern. In case of omissions from the Specifications as to items of equipment and materials or quantities therefore, the Drawings shall govern. It shall be the responsibility of the Bidder to call the attention of the Engineer to obvious omissions of such magnitude as to affect the strength, adequacy, function, completeness, or cost of any part of the work in ample time for amendment by Addendum prior to letting date.

11. LAWS AND REGULATIONS

A. All applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Contract throughout, and they will be deemed to be included as though herein written out in full.

12. TIME FOR COMPLETION

A. The Bidder must agree to commence work within the time stipulated in the Agreement. The Bidder also must agree to fully complete the project within the time stipulated in the Agreement.

13. LIQUIDATED DAMAGES

A. The Bidder must agree to pay as liquidated damages the amount set forth in the Agreement for each consecutive calendar day that the work is incomplete after the scheduled date of completion or authorized extended time of completion.

14. WORK IN STATE AND COUNTY RIGHTS-OF-WAY

A. The Owner will obtain the necessary easements and permits for construction across both County and

State Highway rights-of-way. The Contractor shall abide by all rules, regulations, and requirements of these agencies in regard to construction under this Contract, including the giving of notices, provisions for inspections, and employment of such methods of construction as may be required. Wherever these

Specifications may be in conflict with the regulations or requirements of these agencies, such regulations shall govern and these Specifications shall be modified to such extent as necessary to conform with the said rules, regulations, and requirements. Wherever additional costs are incurred due to requirements of these agencies, such additional periods of maintenance, special features of construction, etc., all such costs shall be included in the prices bid. No additional compensation will be allowed for such costs after award of the Contract.

B. The Contractor will not encroach on any property unless it has been established that easements have been obtained.

15. RIGHT TO INCREASE OR DECREASE THE AMOUNT OF WORK

A. The work comprises approximately the quantities shown in the Bid Schedule which will be used as a basis for comparison of Bids and not for final estimate. The Owner does not, by expression or by implication, agree that the actual amount of work shall correspond with the estimated quantities.

B. The Owner reserves the right to increase or decrease the amount of work under each Bid Item in the

Contract by up to 25% without any change to the unit prices bid.

16. ITEMS AND INDETERMINATE ITEMS

A. The work to be done under this Contract has been divided into items, and items having subitems to enable each Bidder to bid on the different portions of the work in accordance with his unit price estimate of their cost, and so that the actual quantity of work executed under each item, or sub-item, may be paid for at the unit price bid for the particular item, or sub-item, even though such quantity is greater or less than the estimated quantity stated in the Bid.

17. ESTIMATED QUANTITIES

A. Bidders must satisfy themselves of the accuracy of the estimated quantities of the Bid Schedule by examination of the site and a review of the Drawings and Specifications, including Addenda. After Bids have been submitted, the Bidder shall not assert that there was a misunderstanding concerning the quantities of work or of the nature of the work to be done.

18. FEDERAL AND/OR STATE FUNDING

A. Any Federal and/or State Funding for this Project shall be as specified in the Bid Advertisement and/or the Special Provisions Section of these Specifications.

19. COMPARISON OF BIDS AND METHOD OF AWARD:

A. The Contract will be awarded to the responsive, responsible bidder submitting the bid that is determined to be in the best interest of Greenwood Metropolitan District (Owner), at the sole discretion of the

Owner. The Bidder to whom the award is made will be notified at the earliest possible date.

B. The Owner reserves the right to reject any and all Bids when such rejection is in the interest of the

Owner; to reject the Bid of a Bidder who has previously failed to perform properly or complete contracts on time of a similar nature; and to reject the Bid of a Bidder who is not, in the opinion of the Engineer, in a position to perform the Contract. The Owner also reserves the right to waive any informalities and technicalities in Bidding. In the event there is a discrepancy between the unit price and/or the computed total amount, the unit price shall govern. In the event of discrepancy between the prices quoted in the

Bid in words and those quoted in figures, the words shall control. The Owner may also accept or reject any of the alternates that may be set forth on the Bid.

C. The Owner reserves the right to reject any and all Bids contingent upon the availability of funding for the project.

D. The basis for determining Responsiveness and Responsibility of the selected Bidder shall be as defined below. The determination by the Owner as to whether any or all of the items listed are satisfactory shall be conclusive and final.

E. Responsiveness will be defined by:

1. The completeness and regularity of Bid Form.

2. A Bid Form without excisions or special conditions.

3. A Bid Form having no alternative bids for any items unless requested in the technical specifications.

4. A Bid Form which acknowledges receipt of all addenda.

5. A Bid whose item prices are not unbalanced. An unbalanced Bid is defined as a Bid Offering which is:

a. Unreasonably low prices on all or certain Bid items;

b. Unreasonably high prices on all or certain Bid items.

F. Responsibility will be based on whether the bidder:

1. Maintains a permanent place of business.

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

3. Has adequate financial status to meet their obligations contingent to the work.

4. Has a work history which indicates an ability to meet their obligation under the conditions of the

Contract.

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

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

G. A Bid will be considered irregular and may be rejected for any one of the reasons listed below. The

Owner’s determination related to each of the items listed shall be conclusive and final.

1. If the Bid is on a form other than that furnished by the Owner; or if the form is altered or any part detached.

2. If there are unauthorized additions, conditional or alternate bids, or irregularities of any kind which may tend to make the bid incomplete, indefinite, or ambiguous as to its meaning.

3. If the Bidder adds any provisions reserving the right to accept or reject an award, or to enter into a

Contract pursuant to an award.

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

5. If the Bid does not contain the aggregate of the Bid, obtained by adding the extended amounts of the various items, if applicable.

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

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

8. If the Bid does not acknowledge addenda received.

9. If the Bid does not include all requested information, including names of proposed subcontractors.

10. If there is reason to believe that any Bidder is interested in more than one Bid on the same project or that there has been collusion among the Bidders.

20. ABILITY, QUALIFICATIONS AND EXPERIENCE OF BIDDER

A. It is the purpose of the Owner not to award this Contract to any Bidder who does not furnish satisfactory evidence that he has the experience of successfully completing projects of this type and magnitude and that he has sufficient capital, equipment, and personnel to enable him to prosecute the work successfully and to complete it in the time named.

B. Before a Bid is considered for award, the Bidder may be requested by the Owner to submit a statement of facts in detail as to his previous experience in performing similar or comparable work, and of his business and technical organization and financial resources and plant available to be used in performing the contemplated work.

C. The successful Bidder will be required to construct the work with his own directly employed personnel to an extent not less than fifty percent (50%) of the Contract Amount.

21. WITHDRAWAL OF BIDS

No bidder may withdraw their bid within ninety (90) days after the actual date of the opening and thereof.

22. DISQUALIFICATION OF BIDDERS

A. More than one Bid from an individual, a firm or partnership, a corporation or any association, under the same or different names, will not be considered. Reasonable grounds for believing that any Bidder is interested as a principal in more than one Bid for the work contemplated will cause the rejection of all

Bids in which such Bidder is believed to be interested. Any or all Bids will be rejected if there is reason to believe that collusion exists among the Bidders. The low Bidder will be required to provide a letter stating that he has not colluded with any other Bidder in preparation of his Bid. Contracts will be awarded only to responsible Bidders capable of performing the class of work contemplated within the time specified, and having sufficient resources and finances to carry on the work properly.

23. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT

A. The successful Bidder, upon his failure or refusal to execute and deliver the Agreement and Bonds required within ten (10) days after he has received Notice of Award of his Bid, shall forfeit to the

Owner, as liquidated damages for such failure or refusal, the security deposited with his Bid unless time is extended by the Owner.

24. EXECUTION OF CONTRACT

A. The Owner, within ten (10) days of receipt of 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.

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 the Owner.

25. NOTICE TO PROCEED

A. The Notice to Proceed will be issued within ten (10) 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 ten (10) day period or within the period mutually agreed upon, the Contractor may, by written notice, terminate the Agreement without further liability on the part of either party.

26. AWARD AND COMMISSION APPROVAL

For contracts requiring Commission approval, an award recommendation shall be presented to the GMD

Commission at its next public meeting for approval, after which written notice will be provided to the recommended respondent. In the event two or more respondents are tied in price while otherwise meeting all required conditions, GMD will make the selection it deems to be in the best interest of the District.

27. RIGHT OF REJECTION & RE-SOLICITATION

Prior to award, the Commission reserves the right to reject any and all submittals, to decline to award the contract to any respondent, or to re-solicit the project based on modified specifications or terms and conditions.

28. PUBLIC RECORDS / CONFIDENTIALITY

All submittals are public records subject to the South Carolina Freedom of Information Act (S.C. Code Title 30, Chapter 3). Commercial or financial information that is privileged and confidential will not be disclosed;

respondents should clearly identify any such information in their submittal.

29. PROCUREMENT ETHICS / GRATUITIES

No respondent shall offer or give any money, gift, gratuity, or other thing of value to any GMD employee, official, or Commissioner for the purpose of obtaining or influencing the award of a contract. Any such offer or attempt shall be cause for rejection of the submittal. Respondents shall comply with the South Carolina State

Ethics Act (S.C. Code Title 8, Chapter 13).

30. IRREGULAR SUBMITTALS

The specification herein states the minimum requirements of the Greenwood Metropolitan District (District).

All submittals must be regular in every respect. Unauthorized conditions, limitations, or provisions shall be cause for rejection. The Greenwood Metropolitan District will consider as “irregular” or “non-responsive” and reject any submittal not prepared and submitted in accordance with the submittal documents and specification, or any submittal lacking sufficient information to enable the District to make a reasonable determination of compliance to the specification.

31. BIDDER RESPONSIBILITY

It shall be the bidder's responsibility to carefully examine each item of the specification. Failure to offer a complete submittal or failure to respond to each section of the technical specification will cause the submittal to be rejected without review as “non-responsive”. All variances, exceptions and/or deviations shall be fully described on the proper page of the contract documents. Deceit in responding to the specification will be cause for automatic rejection. Respondent must provide all of their standard goods/services whether specified or not, unless otherwise specified within this document. All necessary items needed, even though not mentioned in the specifications, must be supplied.

32. AWARD CRITERIA

In comparing submittals, consideration will not be confined to price only. The successful contractor will be one whose goods/services is judged to best serve the interests of the District when price, service, safety, quality, and dependability are considered. The District reserves the right to reject any or all submittals or any part thereof, and to waive any minor technicalities. A contract will be awarded to the bidder submitting the lowest responsive and responsible submittal meeting the requirements of this specification. Submittals will be accepted for consideration from vendors for services equal or superior to those specified. Decisions of equivalency will be at the sole interpretation of the Greenwood Metropolitan District. In awarding, the Commissioners reserve the right to give reasonable consideration to bidders who are customers of Greenwood Metropolitan District.

Respondents should not submit a response for pre-owned, used or discontinued products or parts, as such submittals will not be considered.

33. CONTRACT PERFORMANCE AND PAYMENT BONDS

A. Unless otherwise noted in the Special Provisions, a Performance Bond and a Payment Bond are required. The Contractor shall obtain a Performance Bond and a Payment Bond, acceptable to the

Owner in a surety company authorized to do business in the state in which the project is constructed, each for the full amount of the contract Sum. The bonds shall guarantee the Contractor's faithful performance of the contract and the payment of all obligations arising thereunder. The bonds shall remain in force until:

1. The project has been completed and accepted by the Owner.

2. The provisions of all guarantees required by these Contract Documents have been fulfilled or the time limitation for all guarantees has expired, or

3. The time for the filing of all mechanic's liens has expired, whichever is longer, after which it shall become void.

B. The Contractor shall pay all charges in connection with the bonds as a part of the contract. One executed copy of the bonds shall be attached to each copy of the contract before they are returned to the Engineer for the Owner's signature.

C. If the Contractor defaults, the Contractor or his Surety shall reimburse the Owner for any additional engineering fees for additional services made necessary because of the Contractor's default.

Bid Bond Bidder shall provide a Bid Proposal Bond in an amount not less than 5% of the total main bid amount as specified with their bid proposal. Proposals that do not include the required bid bond will be marked as non-responsive and disqualified.

The successful bidder will be required, within ten days following receipt of award and prior to the execution of contract, provide GMD two separate bonds:

Performance Bond: In the amount equal to 100% of the total contract price, guaranteeing faithful, timely and complete performance of all terms, conditions and agreements of the contract documents.

Payment Bond: In the amount equal to 100% of the total contract price, a labor and material payment bond, guaranteeing the prompt payment of all sub-contractors, laborers, materialmen who provide labor, equipment or materials for the execution of the work.

The contractor shall pay all premiums, fees and costs associated with securing and maintaining the required

Performance & Payment bonds. The Performance Bond shall remain in full force for the duration of the project period, plus the entirety of the designated correction/warranty period. The Payment Bond shall remain in full effect until all liabilities to sub-contractors and suppliers are fully discharged.

34. GUARANTY BONDS

A. The Bidder to whom the Contract is awarded will be required to execute the Agreement and obtain the

Performance Bond and Payment Bond, each in the sum of the full amount of the Contract Price, within ten (10) calendar days from the date the Notice of Award is delivered to the Bidder.

B. The Bonds must be duly executed and acknowledged by the Bidder as principal and by a corporate surety company qualified to do business under the laws of the State of South Carolina, and satisfactory to the Owner as surety, for the faithful performance of the Contract and payment for labor and materials.

The premiums for such Bonds shall be paid by the Contractor. Each Bond must be valid for one year beyond the date of final acceptance of the project.

35. POWER OF ATTORNEY FOR BONDS

A. Attorneys-in-fact who sign Bid Bonds or Performance Bonds or Payment Bonds must file with each

Bond a certified and effective dated copy of their power of attorney.

36. INSURANCE REQUIREMENTS

A. The Contractor shall not commence any work until he obtains, at his own expense, all required insurance. Such insurance must have the approval of the Owner as to limit, form and amount. The

Contractor will not permit any subcontractor to commence work on this project until the same insurance requirements have been complied with by such subcontractor.

B. The Contractor shall furnish the Owner with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of policies. Such certificates shall also contain substantially the following statement: "The insurance covered by this certificate will not be cancelled or materially altered, except after thirty (30) days notice in writing and delivered by registered mail to the

Owner." Should any policy be cancelled before final payment by the Owner to the Contractor and the

Contractor fails immediately to procure other insurance as specified, the Owner reserves the right to procure such insurance and to deduct the cost thereof from any sum due the Contractor under this contract.

C. Any insurance bearing on adequacy of performance shall be maintained after completion of the project for the full guaranty period. Should such insurance be cancelled before the end of the guaranty period and the Contractor fails immediately to procure other insurance as specified, the Owner reserves the right to procure such insurance and to charge the cost thereof to the Contractor.

D. Nothing contained in these insurance requirements is to be construed as limiting the extent of the

Contractor's responsibility for payment of damages resulting from his operations under this contract.

E. The Contractor is required to obtain and maintain for the full period of the contract the following types of insurance coverage with limits not less than stated below:

1. WORKMEN'S COMPENSATION INSURANCE: As required by applicable State or territorial law for all of his employees to be engaged in work at the site of the project under this contract and, in case of any such work sublet, the Contractor shall require the subcontractor similarly to provide

Workmen's Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Workmen's

Compensation Insurance. In case any class of employee engaged in hazardous work on the project under this contract is not protected under the Workmen's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected.

2. COMPREHENSIVE GENERAL LIABILITY:

a. Each Occurrence $1,000,000 Limit

b. Personal & Adv Injury $1,000,000 Limit

c. General Aggregate $2,000,000 Limit

d. Products/Comp/OP Agg $2,000,000 Limit

e. The above Comprehensive General Liability Policy shall include coverage for the explosion, collapse and underground (XCU) hazards, and loss arising from nuisance, taking, whether inverse taking or direct taking, or negligence.

f. The Property Damage Liability shall include the “Broad Form Property Damage” endorsement.

3. COMPREHENSIVE AUTOMOBILE LIABILITY:

a. All Automobiles, Hired Autos, Non-owned Autos $1,000,000 Combined Single Limit

4. UMBRELLA LIABILITY: The Contractor shall maintain a Comprehensive Umbrella Liability

Policy in excess of above insurance of $2,000,000 each occurrence.

5. SUBCONTRACTOR'S LIABILITY INSURANCE: Same limits as required of the General

Contractor.

6. RAILROAD PROTECTIVE LIABILITY INSURANCE:

a. In the event Licensee finds it necessary to perform construction or demolition operations within fifty feet (50') of any operated railroad track(s) or affecting any railroad bridge, trestle, tunnel, track(s), roadbed, overpass or underpass, Licensee shall: (a) notify Licensor; and (b) require its contractor(s) performing such operations to procure and maintain during the period of construction or demolition operations, at no cost to Licensor, Railroad Protective Liability (RPL)

Insurance, naming Licensor, and/or its designee, as Named Insured, written on the current

ISO/RIMA Form (ISO Form No. CG 00 35 04 13) with limits of FIVE MILLION AND 00/100

U.S. DOLLARS ($5,000,000.00) per occurrence for bodily injury and property damage, with at least TEN MILLION AND 00/100 U.S. DOLLARS ($10,000,000.00) aggregate limit per annual policy period. The original of such RPL policy shall be sent to and approved by Licensor prior to commencement of such construction or demolition. Licensor reserves the right to demand higher limits.

b. At Licensor's (CSX) option, in lieu of purchasing RPL insurance or the 50 foot endorsements from an insurance company (but not CGL insurance), Licensee may pay Licensor, at Licensor's current rate at time of request, the cost of adding this Encroachment, or additional construction and/or demolition activities, to Licensor's Railroad Protective Liability (RPL)

GENERAL CONDITIONS

1. CORRELATION AND INTENT OF DOCUMENTS

A. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all.

B. The intent of the Drawings and Specifications is that the Contractor shall furnish all labor, supplies and materials, tools, machinery, equipment, transportation, supervision, temporary construction of any nature, and all other services, facilities and means necessary for the proper execution and completion of the work in accordance with the Contract Documents and all incidental work necessary to complete the project in an acceptable manner, and fully complete the work or improvement ready for use, occupancy and operation by the Owner.

C. Any mention in the Specifications or indication on the Drawings of articles, materials, methods or operations shall require the Contractor to furnish such item or service as if it was fully specified unless it is noted or specified as not in the contract. It is intended that all materials shall be new and best quality in every respect unless otherwise noted or specified. All workmanship, methods of assembly, and erection shall be first class in every respect.

2. CONFLICT OR INCONSISTENCY

If there is any conflict or inconsistency between the provisions of the Special Provisions and the provisions of the other Contract Documents, the provisions of the Special Provisions shall prevail. If there is any conflict or inconsistency between the provisions of the General Conditions and the provisions of any of the Contract

Documents other than the Special Provisions, the provisions of the General Conditions shall prevail.

A. In the case of conflict between the Drawings and Specifications, the Drawings shall govern. Figure dimensions on Drawings shall govern over scale dimensions, and detailed Drawings shall govern over general Drawings.

B. In case of difference between small-scale and large-scale drawings, the large-scale drawings shall govern. Schedules on any contract drawing shall take precedence over conflicting information on that or any other contract drawing. On any of the drawings where a portion of the work is detailed or drawn out and the remainder is shown in outline, the parts detailed or drawn out shall apply also to all other like portions of the work. Where the word "similar" occurs on the drawings, it shall have a general meaning and not be interpreted as being identical, and all details shall be worked out in relation to their location and their connection with other parts of the work.

C. Any discrepancies found between the Drawings and Specifications and site conditions or any inconsistencies or ambiguities in the Drawings or Specifications shall be immediately reported to the

Engineer, in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the Contractor after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk.

D. Should a conflict be discovered within the Contract Documents, the Contractor shall be deemed to have estimated the higher quality way of doing the work unless he shall have asked for and obtained a decision in writing from the Engineer before entering into this Contract.

3. ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS

The Contractor may be furnished additional instructions and detail drawings, by the Engineer, as necessary to carry out the work required by the Contract Documents. The additional drawings and instructions thus supplied will become a part of the Contract Documents. The Contractor shall carry out the work in accordance with the additional detail drawings and instructions.

4. DRAWINGS AND SPECIFICATIONS FOR CONSTRUCTION PURPOSES

The Contractor will be furnished final Drawings and Specifications to be used during the course of construction.

5. DEFINITIONS

Wherever the words hereinafter defined or pronouns used in their stead occur in the Contract Documents, they shall have the following meanings:

ADDENDA: Written or graphic instruments issued prior to the execution of the Agreement which modify or interpret the Contract Documents, Drawings and Specifications by additions, deletions, clarifications or corrections. Such addendum or addenda will take precedent over the position of the general drawings and specifications concerned and will be considered as part of the Contract Documents.

AGREEMENT: The Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations or agreements either written, or oral, including the bidding documents. The Agreement may be amended or modified by a Change Order.

BID: The written offer or proposal of the bidder, submitted on the prescribed form, properly signed and guaranteed, to perform the work at the prices quoted by the bidder.

BID BOND: The security furnished by the bidder with his proposal for the project as guaranty he will enter into a contract for the work if his proposal is accepted.

BIDDER: Any individual, firm or corporation or combination of same submitting a bid for the work contemplated, acting directly or through a duly authorized representative.

BONDS: Bid, Performance and Payment Bonds and other instruments of security furnished by the Contractor and his Surety in accordance with the Contract Documents.

CALENDAR DAY: Every day shown on the calendar, Sundays and Holidays included.

CHANGE ORDER: A written order to the Contractor authorizing an addition, deletion or revision in the work within the general scope of the Contract Documents, or authorizing an adjustment in the contract price or contract time.

CONTRACT: The Contract Documents form the contract. The contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations or agreements, either written or oral, including the bidding documents. The contract may be amended or modified by a Change Order.

CONTRACT DOCUMENTS: The Contract Documents consist of the Drawings, the Material and Technical

Specifications, Addenda issued prior to execution of the Contract, Notice of Award, Notice to Proceed and

Change Orders and all documents required for this project in the OpenGov e-procurement portal.

CONTRACT PRICE: The total monies payable to the Contractor under the terms and conditions of the

Contract Documents.

CONTRACTOR: The individual, firm or corporation with whom the Owner has executed the Agreement by which the Contractor is obligated directly, or through subcontractors, to perform work in connection with the project. The Contractor is the person or organization identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Contractor means the Contractor or his authorized representative.

CONTRACT TIME: The number of calendar days stated in the Contract Documents for completion of the work.

DRAWINGS: The part of the Contract Documents which show the characteristics and scope of the work to be performed and which have been prepared or approved by the Engineer.

EARTH: An excavated material or material to be excavated; all kinds of material other than rock.

ELEVATION: The figures given on the Drawings or in the other Contract Documents after the word

"elevation" or abbreviation of it shall mean the distance in feet above the datum adopted by the Engineer.

ENGINEER: The person, firm or corporation named as such in the Contract Documents and duly appointed by the Owner to undertake the duties and powers herein assigned to the Engineer, acting either directly or through duly authorized representatives.

EQUIPMENT: All machinery, together with the necessary supplies for upkeep and maintenance, and all tools and apparatus necessary for the proper construction and acceptable completion of the work.

FIELD ORDER: A written order effecting a change in the work not involving an adjustment in the contract price or an extension of the contract time, issued by the Engineer to the Contractor during construction.

FURNISH: Furnish and install complete, in place, and ready for use.

GMD DESIGN MANUAL: The Greenwood Metropolitan District’s (GMD) Design Manual is a part of this

Contract. The Design Manual has been approved by the GMD Board of Commissioners. All technical requirements for this Contract including Standard Sewer Specifications and Standard Details are included in the

Design Manual. The Design Manual is referenced throughout these Specifications. The Contractor shall refer to the Design Manual for all technical, material and installation requirements and details whether specifically referenced herein or not.

INFORMATION FOR BIDDERS: The Notice to Contractors containing all necessary information as to provisions, requirements, date, place and time of submitting bids.

LATEST EDITION: The current printed documents issued eight weeks or more prior to date of receipt of bids.

MATERIALS: Any substance specified for use in the construction of the project and its appurtenances.

NET COST: The cost to the Contractor after application of all credits and discounts (excepting only cash discounts) and without the addition of any factor for burden, overhead or indirect cost or profit.

NOTICE OF AWARD: The written notice of the acceptance of the bid from the Owner to the successful bidder.

NOTICE TO PROCEED: Written communication issued by the Owner to the Contractor authorizing him to proceed with the work and establishing the date for commencement of the work.

OPTIMUM MOISTURE CONTENT FOR COMPACTION: The moisture content of a soil calculated on the basis of dry weight of soil at which the soil can be compacted to the approximate maximum density under a specified standard method of compaction.

OWNER: A public or quasi-public body or authority, corporation, association, partnership, or individual for whom the work is to be performed.

PAYMENT BOND: The approved form of security furnished by the Contractor to guarantee the payment to all persons supplying labor and materials in the prosecution of the work in accordance with the terms of the contract.

PERFORMANCE BOND: The approved form of security furnished by the Contractor to guarantee the completion of the work in accordance with the terms of the contract.

PRECONSTRUCTION CONFERENCE: A conference following award and prior to start of construction to be attended by a duly authorized representative of the Engineer and by the responsible officials of the

Contractor and other affected parties.

PROJECT: The undertaking to be performed as provided in the Contract Documents.

PROPOSAL: The written offer of the bidder, submitted on the prescribed form, properly signed and guaranteed, to perform the work at the prices quoted by the bidder.

PROPOSAL FORM: The approved form on which the Owner requires formal bids to be prepared and submitted for the work.

PROPOSAL GUARANTY: The security furnished by the bidder with his proposal for a project, as guaranty he will enter into a contract for the work if his proposal is accepted.

PROVIDE: Furnish and install complete, in place, and ready for use.

RESIDENT PROJECT REPRESENTATIVE (RPR): The authorized representative of the Owner or

Engineer who is assigned to the project site or any part thereof.

ROCK: An excavated material or material to be excavated; only boulders and pieces of concrete or masonry exceeding 1 cu. yd. in volume, or solid ledge rock which, in the opinion of the Engineer, requires, for its removal, drilling and blasting, wedging, sledging, barring, or breaking up with a power operated tool. No soft or disintegrated rock which can be removed with a hand pick or power operated excavator or shovel, no loose, shaken, or previously blasted rock or broken stone in rock fillings or elsewhere, and no rock exterior to the maximum limits of measurement allowed, which may fall into the excavation will be classified as rock.

SHOP DRAWINGS: All drawings, diagrams, illustrations, brochures, schedules and other data prepared by the

Contractor, a subcontractor, manufacturer, supplier or distributor, which illustrate how specific portions of the work shall be fabricated or installed.

SPECIALIST: An individual or firm of established reputation which is regularly engaged in, and which maintains a regular force of workmen skilled in either manufacturing or fabricating items required by the contract, installing items required by the contract, or otherwise performing work required by the contract.

Where the contract specifications require installation by a specialist, that term shall also be deemed to mean either the manufacturer of the item, an individual or firm licensed by the manufacturer, or an individual or firm who will perform the work under the manufacturer's direct supervision.

SPECIFICATIONS: A part of the Contract Documents consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards and workmanship.

STRUCTURES: Bridges, culverts, catch basins, drop inlets, manholes, retaining walls, cribbing, endwalls, buildings, sewers, service pipes, underdrains, foundation drains, and other miscellaneous items which may be encountered in the work, and which are not otherwise classified herein.

SUBBASE: The layer or layers of specified or selected material of designated thickness or rate of application placed on a subgrade to comprise a component of the pavement structure to support the base course, pavement or subsequent layer of the construction.

SUBCONTRACTOR: An individual, firm or corporation having a direct contract with the Contractor or with any other subcontractor for the performance of a part of the work at the site. The term subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a subcontractor or his authorized representative thereof.

SUB-SUBCONTRACTOR: An individual, firm or corporation having a direct or indirect contract with a subcontractor to perform any of the work at the site. The term sub-subcontractor is referred to throughout the

Contract Documents as if singular in number and masculine in gender and means a sub-subcontractor or an authorized representative thereof.

SUBGRADE: The top surface of a roadbed upon which the pavement structure and shoulders are constructed.

SUBSTANTIAL COMPLETION: That date as certified by the Engineer when the construction of the project or a specified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the project or specified part can be utilized for the purposes for which it was intended.

SPECIAL PROVISIONS: Conditions of the Contract other than the General Conditions.

SUPERINTENDENT: The Contractor's authorized representative in responsible charge of the work.

SUPPLIER: Any person or organization who supplies materials or equipment for the work, including that fabricated to a special design, but who does not perform labor at the site.

SURETY: The corporation, partnership or individual bound with and for the Contractor for the full and complete performance of the contract, and for the payment of all debts pertaining to the work.

TITLES (OR HEADINGS): The titles or headings of the documents and subsections herein are intended for convenience of reference and shall not be considered as having any bearing on their interpretation.

WORK: All labor necessary to produce the construction required by the Contract Documents, and all materials and equipment incorporated or to be incorporated in the project.

WRITTEN NOTICE: Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof…