Sloan Poe Water Replacement Project.pdf

CITY OF CLEMSON

STATE OF SOUTH CAROLINA

INVITATION FOR BIDS

IFB NO. 2027-019

SLOAN POE WATER REPLACEMENT

PROJECT

DUE: JULY 21, 2026 2:00 PM

Document ID: P0B76b3K6zMBBp1Kn2y1Gg

Invitation – Page 1 of 3 12.22.2025

CITY OF CLEMSON

STATE OF SOUTH CAROLINA

INVITATION FOR BIDS

IFB NO. 2027-019

SEALED BIDS will be received by the City of Clemson Procurement Division until 2:00 p.m.

ET, July 21, 2026 and promptly thereafter all bids that have been duly received will be opened and read aloud.

Sloan Poe Water Replacement Project

SOLICITATION ISSUE DATE: June 24, 2026

PRE-BID MEETING: Non-Mandatory – July 7, 2026 @ 10:00 a.m. (ET) City of Clemson City Hall

(Engineering) Conference Room 1250 Tiger Boulevard, Suite 5 Clemson, SC 29631

QUESTION DEADLINE: July 14, 2026, 2:00 p.m. ET

SUBMITTAL DEADLINE: July 21, 2026, 2:00 p.m. ET

BID OPENING: City of Clemson City Hall (Engineering) Conference Room 1250 Tiger Boulevard, Suite 5 Clemson, SC 29631

CONTACT: bids@cityofclemson.org

Any revisions to this Invitation for Bid will be issued and distributed as an addendum. All addenda, additional communications, responses to questions, etc. pertaining to the Invitation for Bids will be posted on the City of Clemson website at: https://www.clemsoncity.org/bids.aspx. All bidders should consult this website for updates before submitting bids.

DEADLINE ENFORCED

Bids received after the time and date set for receipt of bids WILL NOT be accepted. It is the bidder’s responsibility to ensure timely delivery of their bid. Telephone or facsimile bids will not be accepted.

Document ID: P0B76b3K6zMBBp1Kn2y1Gg mailto:bids@cityofclemson.org https://www.clemsoncity.org/bids.aspx

Invitation – Page 2 of 3

From time to time, the Procurement Division may have to release written changes to a solicitation due to an inadvertent error or omission on the part of the City or to an inquiry from an interested vendor during the question phase of the solicitation. No changes to the published terms and conditions, scope of work, minimum requirements, or insurance and bonding requirements will be considered unless they are submitted in compliance with the deadline for the questions or clarification phase of the solicitation. Any changes to the published terms and conditions, scope of work, minimum requirements, or insurance and bonding requirements will be published in a formal, written addendum. The City is not obligated to make any changes to the published solicitation based on an inquiry from a vendor. The City will not consider “red-line” amendments to any contract with the successful bidder, as all requests for changes must be posed in the question phase and accepted in a formal addendum. The City reserves the right to negotiate with the successful bidder in order to comply with budgetary allocations.

Any offer submitted as a result of this solicitation shall be binding on the bidder for SIXTY (60) CALENDAR DAYS FOLLOWING THE BID OPENING DATE. Any bid for which the offeror specifies a shorter acceptance period may be rejected.

No bid will be accepted from a contractor who is not currently licensed, as applicable, by the South Carolina Department of Labor, Licensing and Regulation Contractors’ License Board, in accordance with Title 40, Chapter 11 of the Code of Law of South Carolina, and does not have a current South Carolina General Contractor’s License. Requirements may be obtained at www.llr.state.sc.us. If this requirement is not met, your bid will be disqualified and rejected.

If the bidder discovers any ambiguity, conflict, discrepancy, omission or other errors in the IFB, bidder shall immediately notify the City of such error in writing and request modification or clarification of the document. The bidder is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in the IFB, or it shall be deemed waived.

Proprietary and/or Confidential Information Your bid is a public document under the South Carolina Freedom of Information Act (FOIA), except as to information that may be exempt from disclosure under the FOIA in the City’s sole discretion. If you cannot agree to this standard, please do not submit your bid.

All information that you desire to be treated as confidential and/or proprietary must be CLEARLY AND SPECIFICALLY identified, and each page containing confidential and/or proprietary information, in whole or in part, must be stamped and/or denoted as CONFIDENTIAL, in bold, in a font of at least 12-point type, in the upper right-hand corner of the page. All information, even so noted and identified, may be disclosed by the City. Blanket-type identification by designating whole pages or sections as containing confidential and/or proprietary information will not be considered by the City.

This Invitation for Bids is being issued by the City of Clemson Procurement Division. Direct all questions or request for clarification of this IFB in writing to the e-mail address shown on page one (1) of this invitation.

http://www.llr.state.sc.us/

Invitation – Page 3 of 3

Current E-mail Address Required All bids submitted shall include a current e-mail address. Once selected, Notice of Intent to Award shall be posted on the City’s website; and Notice of Intent to Award, and notices of non-award, shall be sent to all bidders via e-mail. No hard copy notices will be sent via regular mail.

During the performance of the contract, the contractor shall comply with any and all applicable federal, state, or local laws, rules, and regulations relating to a drug-free workplace.

Bidders are specifically directed not to contact any other City personnel for meetings, conferences, or technical discussions related to this request unless otherwise stated in this IFB. Failure to adhere to this policy may be grounds for rejection of your bid.

Required Affidavits Firms submitting bids are required to include all affidavits found at the end of this Invitation for Bids. If any of the affidavits are not applicable, N/A is an acceptable response.

The words “Bidder”, “Offeror”, “Proposer”, “Vendor”, and “Contractor” are used interchangeably throughout this IFB, and are used in place of the person, firm, or corporation submitting a bid.

Dated at Clemson, South Carolina as of _______________.

BY:

Jordan Monroe – Procurement Coordinator City of Clemson, SC

06/24/26

TABLE OF CONTENTS

IFB No. 2027-019

▪ Bid Terms & Conditions………………………………………………………... Page 1

▪ Special Terms & Conditions …………………………………………………... Page 7

▪ Contract Terms and Conditions ……………………………………………… Page 12

▪ Disclaimer Standard Contract Form…………………………………………... Page 27

▪ Standard Contract Form (sample)……………………………………………... Page 28

▪ Scope of Work…………………………………………………....................... . Page 29

▪ Bid Submission Sheet…………………………………………………………. Page 30

▪ Bid Form ……………………………………………………………………… Page 31

▪ Schedule of Values……………………………………………………………. Page 34

▪ Affidavits

Bid Terms & Conditions IFB No. 2027-019 – Page 1

12.22.2025

CITY OF CLEMSON, SOUTH CAROLINA

BID TERMS AND CONDITIONS

The City of Clemson is requesting sealed bids for the Sloan Poe Water Replacement Project (the “Project”) as more fully described herein. The following terms and conditions shall apply to all bids made with respect to the Project and shall be included in the contract executed between the City and the successful bidder.

INTERPRETATION AND ADDENDA

All changes in specifications shall be in writing and furnished to all bidders. No verbal interpretation made to any respondent as to the meaning of this bid shall be binding on the City.

Bidders are cautioned that any statement made by the City staff that materially changes any portion of this bid document shall not be relied upon unless they are subsequently ratified in writing and distributed as an addendum by the City. It shall be the bidder’s responsibility to acknowledge receipt of addenda and ascertain that its bid includes all addenda. Failure to do so may deem a bidder’s bid non-responsive.

EXAMINATION OF PLANS, SPECIFICATIONS, AND WORK SITE

The bidder shall examine carefully the work site, project manuals, plans, specifications, drawings, or other materials, including all terms and conditions included herewith. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions encountered as to the character, quality, and quantities of work to be performed, the materials to be furnished, and the requirements of the project manuals, plans, specifications, drawings, or other materials, including all terms and conditions included herewith. No bidder shall, at any time after the submission of a bid, make a claim or assertion that there was any misunderstanding or lack of information regarding the nature or the amount of work necessary for the satisfactory completion of the work. Any errors, omissions, or discrepancies found in the project manuals, plans, specifications, drawings, or other materials, including all terms and conditions herewith, shall be called to the attention of the City and clarified prior to the submission of bids.

BID SUMISSIONS

One (1) unbound, printed and signed original and supporting documents must be submitted in response to the solicitation and must be received no later than the designated time and date from the solicitation’s Invitation page(s). Bids must be submitted in a sealed envelope with the solicitation number and project name clearly labeled on the outside and should include the respondent’s name and address. Each envelope submission should be addressed to the following:

City of Clemson | Finance Department Procurement Coordinator

1250 Tiger Boulevard, Suite 2 Clemson, SC 29631

Hard copies may be delivered to the above address only between the hours of 8:00 a.m. and 5:00 p.m. EST, Monday through Friday, excluding holidays observed by the City of Clemson. Any respondent wanting to confirm receipt of a submittal must send an inquiry to the email address specified in the solicitation’s Invitation page(s) prior to the specified bid opening date and time.

IFB No. 2027-019 – Page 2

12.22.2025

BID BOND

Bidders shall submit A BID BOND IN THE AMOUNT OF FIVE PERCENT (5%) OF QUOTED TOTAL BID PRICE with their bids. This bond may be in the form of a certified check, cashier’s check, or a bid bond from a surety and shall be made payable to the City of Clemson, South Carolina. Bids submitted without being accompanied by any of the foregoing shall be considered non-responsive and will be rejected. The bond will be forfeited to the City by the successful bidder as liquidated damages in case a bid award is made to that bidder and the contract and performance bond and/or payment bond are not promptly and properly executed as stated below.

RETURN OF BID BOND

When the bid is awarded, the City Procurement Division will immediately return all bonds, except those of the successful bidder. The bond of the successful bidder will be returned upon compliance with the performance and payment bond requirement set forth below.

BID FORM

Each bidder must submit a bid on the attached bid form. The bid form shall be signed in ink or electronic signature in the appropriate space by an authorized officer or employee of the bidder, and any unsigned bid forms may be rejected. Bids may be rejected if they show any omissions, alterations of form, additions not called for, conditional bid, or any irregularities of any kind. All information shall be typewritten or entered in ink. Mistakes may be crossed out and corrections inserted before submission of bid. Corrections shall be initialed in ink by the person signing the bid.

Where a bid bond is required and has been properly furnished with the bid package, City reserves the right, in its sole and absolute discretion, to accept the bid form unsigned in the event the lack of a signature was the result of a good faith mistake or inadvertence on the part of the bidder.

However, before final award can be made, the bidder may be required to furnish a signed bid form within 24 hours upon notice from the City. City will accept an electronic copy in this situation. If the bidder does not furnish a signed bid form within 24 hours, the bidder will be considered non-responsive, and City shall have the right to execute the bidder’s bid bond.

UNIT PRICES

Unit prices are requested for items in the bid. Each bidder shall include its prorated share of overhead and other items necessary for completion of the Project per the project manuals, plans, specifications, drawings, or other materials, including all terms and conditions included herewith, not specifically listed in the schedule of values, so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price bid represents the total bid. Any bid not conforming to this requirement may be rejected as non-responsive. Unit pricing will govern over extended prices unless otherwise stated. All prices quoted should be firm.

TAXES

City pays South Carolina state sales taxes. No mention shall be made in the bid of sales tax, use tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable, unless a breakdown of all applicable taxes is specifically called for on the bid form. City is exempt from federal excise taxes and will issue exemption certificates as requested.

IFB No. 2027-019 – Page 3

12.22.2025

OTHER CHARGES

For equipment, bid prices shall include as separate line items all freight (transportation) and preparation charges, applicable taxes, and any other applicable charges fully prepaid to the point of delivery so that the bid price is the total price to be paid for the item(s).

CASH DISCOUNTS

Cash discounts, if allowed, should be so stated on the bid form. Prices must, however, be based upon payment in 30 calendar days. The cash discounts so stated will be considered in the making of the award. Where the invoice is received prior to the receiving of the item(s), the time used in the taking of cash discounts, where applicable, will be computed from the date of delivery of the commodities to the carrier when inspection and acceptance is at the point of origin. When final inspection and acceptance is at the point of destination, the date of delivery will be used.

USE OF BRAND NAMES

Specifications may refer to brand names. Brand names and numbers are used ONLY to set forth and convey to prospective bidders the general style, type, character, and quality of supplies or equipment desired. If the article bid upon has a trade or brand name, show same in the bid. It is not the City’s intent to write specifications that allow only one manufacturer to submit a bid.

Additional products will be considered if they meet the requirements set forth in the specifications.

If the bidder wishes to obtain pre-approval of a product, then the bidder must provide third party testing data or specifications for the product that meets the requirements set forth in the specifications by the deadline for questions or clarifications as specified on the invitation letter.

BID OPENING

Bids will be examined promptly after opening, and each bid will be announced to all participating bidders; however, City will not award any bid until the City Procurement Division and the interested City division or department have had ample time to review and audit each bid.

BASIS OF BID AWARD

Award of the bid shall be made to the responsive and responsible bidder meeting the plans, specifications, and scope of services and having the lowest possible cost consistent with the expected quality and service. The following criteria will be used in making this determination:

● Adherence to the plans, specifications, and scope of services;

● Delivery date or completion time;

● Warranties, if applicable; and

● Cost and minimum past experience with similar or like service.

BID CHANGES OR WITHDRAWAL BY BIDDER

Bid amendments or withdrawal requests received after the time advertised for bid opening will not be considered.

IFB No. 2027-019 – Page 4

12.22.2025

BID REJECTION OR ACCEPTANCE

City reserves the right to reject any or all bids, to waive technicalities and informalities in bids, and to accept, in whole or in part, such bid (s) where the City deems it advisable or necessary to protect the best interests of the City.

INFORMATION AND IRREGULARITIES

City has the right to waive defects and/or variations of a bid from the exact requirements of the specifications that do not affect the price, quality, quantity, delivery, or performance time of the services being procured. If insufficient information is submitted by a bidder with the bid, the City has the right to require such additional information as it may deem necessary after the time set for receipt of bids to properly evaluate the bid, provided that the information requested does not change the price, quality, quantity, delivery, or performance time of the services being procured.

DETERMINATION OF RESPONSIBILITY

City may make such investigation as it deems necessary to determine the ability of a bidder to furnish the required services, and the bidder shall furnish to the City all such information and data for this purpose as the City may request. City reserves the right to reject any bid if the evidence submitted or investigation of such bidder fails to satisfy the City that bidder is properly qualified to carry out the obligations of a contract and to deliver the services contemplated herein. Bidders will fully inform themselves as to the conditions, requirements, and scope of work before submitting their bid. Failure to do so will be at the bidder’s own risk.

BIDDER’S QUALIFICATIONS

Each bidder shall, upon request of the City, submit a statement of the bidder’s qualifications, experience record in constructing the type of improvements embraced in the development of work specified, organization and equipment available for the work contemplated, and when specifically requested by the City, a detailed financial statement. City shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform the obligations under the contract, and the bidder shall furnish the City all such information and data for this purpose as it may request. City reserves the right to reject any bid where an investigation of the available evidence or information does not satisfy the City that the bidder is qualified to carry out properly the terms of the contract.

GUARANTEE WITH BID

To protect the interests of the City, the bidder guarantees that the equipment offered is standard new equipment, latest model of regular stock product, with parts regularly used for the type of equipment offered and that no attachment or part has been substituted or applied contrary to the manufacturer’s recommendations and standard practices.

SPECIFICATIONS CHANGES AFTER BID AWARD

Any changes in specifications of equipment after the award must be with the written consent of the City Procurement Division and given prior to any shipment.

BUSINESS LICENSE, PERMITS, AND CERTIFICATES

Each bidder shall secure and pay for licenses, permits, and certificates that may be necessary or legally required when bids are received or, if an award is made, when negotiations are concluded or for proper execution and completion of the contract.

IFB No. 2027-019 – Page 5

12.22.2025

A City Business License is not required to submit a bid; however, the successful bidder shall be required to obtain a City Business License before work on the Project may begin. For further information on the provisions of the City Business License regulations and their applicability to this Project, a bidder may contact the Clemson City Business License Division at 864-624-1147 or businesslicense@cityofclemson.org.

The successful bidder shall inform all of its subcontractors and subconsultants performing services hereunder that a like business license requirement applies to them, and the successful bidder shall further disclose the names and addresses of all subcontractors performing services hereunder to City’s Business License Division at businesslicense@cityofclemson.org or 864-624-1147.

ETHICS IN PUBLIC CONTRACTING AFFIDAVIT

To comply with the provisions of Section 8-13-100 et seq. of the South Carolina Code of Laws, the bidder shall certify in writing and include with its bid that its offer was made without fraud, that it has not offered or received any kickbacks or inducements from any other bidder, supplier, manufacturer, or subcontractor in connection with the offer, and that it has not conferred on any public employee, public member, or public official having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money services, or anything of more than nominal value.

The bidder shall certify further that no relationship exists between itself and the City, another person, or organization that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the City.

NONCOLLUSION AFFIDAVIT

As part of its bid, the bidder shall include the attached non-collusion affidavit, duly signed by a principal of the bidder certifying that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act. Any or all bids shall be rejected if there is any reason for believing that collusion exists among the bidders. City may or may not, at its discretion, accept future bids for the same work from participants in such collusion.

CERTIFICATION OF COMPLIANCE WITH THE SOUTH CAROLINA ILLEGAL

IMMIGRATION REFORM ACT

The bidder shall certify in writing and include with its bid that, as to any contract subsequently entered into between the bidder and the City, the bidder will verify the employment status of any new employees and require any subcontractors or sub-subcontractors performing services under such contract to verify their new employees’ status, per the terms of the South Carolina Illegal Immigration Reform Act, and as set out in Title 41, Chapter 8 of the South Carolina Code of Laws.

NONRESIDENT TAXPAYER REGISTRATION AFFIDAVIT

Non-resident companies receiving income from business conducted in the State of South Carolina are required to pay taxes to the state on that income. To facilitate this requirement, a nonresident bidder must register with the South Carolina Secretary of State or the South Carolina Department of Revenue. In compliance with Sections 12-8-540 and 12-8-550 of the South Carolina Code of Laws, a bidder located outside of the State of South Carolina that receives a contract from the City must furnish to the City Form I-312, Nonresident Taxpayer Registration Affidavit Income Tax Withholding, properly executed and signed. If your company is not presently registered with the appropriate state office, you may indicate the intent to do so should your company be awarded a

IFB No. 2027-019 – Page 6

12.22.2025 contract. Questions concerning this form may be directed to the South Carolina Department of Revenue at (844) 898-8542.

EQUAL OPPORTUNITY

The City encourages and welcomes bids from vendors and owners that are owned and/or operated by women and minorities, and shall affirmatively ensure that all vendors and businesses wishing to participate will be afforded full and equal opportunity to submit proposals in response to requests for bids, and that no vendor or business will be discriminated against in consideration for an award on the basis of race, color, ethnicity, ancestry, national origin, cultural identity, gender or gender identity, age, religion, sexual orientation, or disability.

PUBLIC RECORD and FOIA REQUESTS After an award is made, copies of the bids will be made available. Pursuant to the South Carolina Freedom of Information Act (FOIA), City will provide copies of records in its custody unless the records are exempt from disclosure under S.C. Code Ann. §30-4-40. Additional information regarding FOIA requests can be found here.

https://clemsoncity.nextrequest.com/

Special Terms & Conditions IFB No. 2027-019 – Page 7

12.2025

CITY OF CLEMSON, SOUTH CAROLINA

SPECIAL TERMS AND CONDITIONS

The City of Clemson is requesting sealed bids for the Sloan Poe Water Replacement Project in accordance with the following project manuals, plans, specifications, drawings, or other materials in effect at the time of bidding, including all terms and conditions included herewith:

1. Project Specifications (84 pages)

2. Construction Plan Set (18 pages)

INSPECTION AND ACCEPTANCE

Inspection and final acceptance of the Project shall be conducted by the individual(s) named below:

⮚ City Engineer (or their designee(s))

TIME FOR COMPLETION; LIQUIDATED DAMAGES

General. City shall issue the Notice to Proceed to the successful bidder (the “Contractor”), no later than 10 calendar days after the City’s execution of the Standard Contract Form, which, together with the attachments named therein, including these terms and conditions, shall constitute the “Contract” between the Contractor and the City with respect to the Project. The “Notice to Proceed” shall consist of a written notification from City to Contractor after execution of the Contract and a pre-construction meeting regarding the Project, if necessary.

Contractor shall commence performance of the work required for the Project no later than 10 calendar days after receipt of the Notice to Proceed and shall diligently continue its performance to and until Final Completion (as defined below) of the Project.

Substantial Completion. Contractor shall have 270 CALENDAR DAYS to achieve Substantial Completion of the Project after commencement, unless (i) a delay in Substantial Completion of the Project is caused by City or by reasons not reasonably within Contractor’s control as set forth below, or (ii) performance is earlier terminated in accordance with the Contract. City shall provide Contractor with 10 calendar days’ prior written notice of the expiration of the 270 CALENDAR DAY deadline for performance. “Substantial Completion” shall mean that point at which, as certified in writing by City, the Project is at a level of completion in strict compliance with the Contract such that City can enjoy beneficial use or occupancy and can use or operate it in all respects for its intended purpose despite the fact that some minor work may remain to be done.

Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete, and such partial use or occupancy shall not be evidence of Substantial Completion.

City and Contractor agree that, prior to Substantial Completion of the Project, there shall be no stoppage of work on the Project of greater than 10 calendar days without the express written consent of City, unless stoppage is caused by City or by reasons not reasonably with Contractor’s control.

Contractor shall pay City the sum of $250.00 per day for each and every calendar day of unexcused delay in achieving Substantial Completion of the Project beyond the date set forth

IFB No. 2027-019 – Page 8

12.2025 herein for Substantial Completion. Any sums due and payable hereunder by Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by City, estimated at the time of executing the Contract. When City reasonably believes that Substantial Completion will be inexcusably delayed, City shall be entitled, but not required, to withhold from any amounts otherwise due Contractor an amount then believed by City to be adequate to recover liquidated damages applicable to such delays. If and when Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which City has withheld payment, City shall promptly release to Contractor those funds withheld, but no longer applicable, as liquidated damages.

Final Completion. Contractor shall have 30 CALENDAR DAYS to achieve Final Completion after the date of Substantial Completion, unless (i) a delay in Final Completion of the Project is caused by City or by reasons not reasonably within Contractor’s control as set forth below, or (ii) performance is earlier terminated in accordance with the Contract. City shall provide Contractor with 10 calendar days’ prior written notice of the expiration of the 30 CALENDAR DAY deadline for performance. “Final Completion” shall mean that point at which, as certified in writing by City, the Project is finally complete and Contractor has performed all of its obligations to City in strict compliance with the Contract.

Contractor shall pay City the sum of $50.00 per day for each and every calendar day of unexcused delay in achieving Final Completion of the Project beyond the time set forth above. Any sums due and payable hereunder by Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by City, estimated at the time of executing the Contract. When City reasonably believes that Final Completion will be inexcusably delayed, City shall be entitled, but not required, to withhold from any amounts otherwise due Contractor an amount then believed by City to be adequate to recover liquidated damages applicable to such delays. If and when Contractor overcomes the delay in achieving Final Completion, or any part thereof, for which City has withheld payment, City shall promptly release to Contractor those funds withheld, but no longer applicable, as liquidated damages.

Remedies; Excused Delay. The remedies provided for under this section shall not be construed to limit, waive, or otherwise abrogate any other remedy that City shall be entitled to under other terms and conditions of the Contract. Failure of City to enforce the liquidated damages provisions of the Contract shall not constitute a waiver of the breach of the Contract for failure to perform in a timely manner. Any extension of time will be in the form of a change order duly authorized and signed by the proper City officials prior to the agreed upon date for Substantial Completion or Final Completion, as applicable.

Notwithstanding the foregoing, Contractor shall not be charged with liquidated damages if:

1. The delay in Substantial Completion or Final Completion arises from unforeseeable causes beyond the reasonable control of, and without the fault or negligence of the Contractor, including, but not limited to, acts of God, acts of the public enemy, acts of the City, acts of another contractor in the performance of a contract with the City, fires, floods, epidemics, strikes, freight embargoes, delays of subcontractors or suppliers arising from unforeseeable causes beyond their control; and

IFB No. 2027-019 – Page 9

12.2025

2. Contractor, within 10 calendar days from the beginning of such delay, notifies the City in writing of the cause(s) of such delay. City shall review and ascertain the facts and the extent of the delay and extend the time for completing the work when, in its sole judgment, the findings of facts justify such an extension, and findings of fact shall be final and conclusive on the parties.

INSURANCE

Contractor shall procure and maintain insurance for the duration of the Contract against any and all claims for injuries to persons or damages to property which may in any way arise from, or in connection with, the performance of the work hereunder by Contractor, its subcontractors, employees, agents, or representatives for not less than any limits of liability shown below with a carrier authorized to do business in the State of South Carolina.

All coverage shall be primary and shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Original endorsements, signed by a person authorized to bind coverage on its behalf, shall be furnished to City by Contractor.

Certificate(s) of insurance must be included in the bid.

1. Commercial General Liability: Contractor shall maintain insurance for protection against all claims arising from injury to person or persons not in the employ of Contractor and against all claims resulting from damage to any property due to any act or omission of Contractor, its subcontractors, employees, agents, or representatives in the operation of the work or the execution of the Contract.

Contractor shall maintain general liability coverage required for a period of not less than five years after Final Completion (as defined below) of the Project. General liability coverage must include products/completed operations coverage.

Where the work to be performed involves excavation or other underground work or construction, the property damage insurance provided shall cover all claims due to destruction of subsurface property, such as wire, conduits, pipes, etc., caused by Contractor’s operation. The minimum shall be as follows:

Bodily Injury (Injury or Accidental Death) and Property Damage ......................................................$1,000,000 per occurrence

2. Comprehensive Automobile Liability: Contractor shall maintain automobile liability insurance for protection against all claims arising from the use of vehicles, rented vehicles, or any other vehicle in the prosecution of the work included in the Contract. Such insurance shall cover the use of automobiles and trucks on and off the site of the Project.

The minimum amounts of automobile liability insurance shall be as follows:

Bodily Injury (Injury or Accidental Death) and Property Damage .........................................$1,000,000 Combined Single Limit

IFB No. 2027-019 – Page 10

12.2025

3. South Carolina Workers’ Compensation Insurance: Contractor shall maintain workers’ compensation insurance for all of Contractor’s employees who are in any way connected with performance under the Contract. Such insurance shall comply with all applicable state laws and provide a waiver of subrogation against City, its officers, officials, employees, agents, and representatives.

South Carolina Workers’ Compensation Statutory Limits

Employers’ Liability Insurance $500,000 Each Accident $500,000 Disease Each Employee $500,000 Disease Policy Limit

Contractor shall provide the City with a certificate(s) of insurance showing proof of insurance acceptable to the City. Certificates containing wording that releases the insurance company from liability for non-notification of cancellation of the insurance policy are not acceptable. Certificates showing proof of such insurance shall be submitted to City prior to commencement of services under the Contract by email to bids@cityofclemson.org. Further, it shall be an affirmative obligation upon the Contractor to advise City by e-mail to bids@cityofclemson.org, within two days of the cancellation or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of the Contract. The Certificate Holder name and address is to be displayed as follows:

City of Clemson 1250 Tiger Boulevard Clemson, SC 29631

The general liability policy is to contain or be endorsed to name City, its officers, officials, employees, agents, and representatives as additional insureds as respects the liability arising out of the activities performed under the Contract. Such coverage shall be primary and shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

Contractor or its insurers are responsible for payment of any liability arising out of workers’ compensation, unemployment, or employee benefits offered to its employees. Insurance is to be placed with insurers with a current A.M. Best’s rating of not less than A:VII and licensed to do business in the State of South Carolina, unless otherwise acceptable to the City. Contractor shall not self-insure in satisfaction of any insurance requirement hereunder without the express, written approval of City. Contractor shall insure that its subcontractors hereunder comply with the insurance requirements set out herein, and when requested by the City, Contractor shall agree to obtain and furnish copies of certificates of insurance evidencing coverage for each subcontractor.

Should Contractor cease to have insurance as required during any time, all work by Contractor pursuant to the Contract shall cease until insurance acceptable to the City is provided.

Deductibles, Co-Insurance Penalties, & Self-Insured Retention: Contractor shall agree to be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co-insurance penalty, or self-insured retention; including any loss not covered because of the operation of such deductible, co-insurance penalty, or self-insured retention.

Document ID: P0B76b3K6zMBBp1Kn2y1Gg

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12.2025

PERFORMANCE BOND AND PAYMENT BOND

The Contractor shall furnish a satisfactory performance bond along with payment bond in the FULL AMOUNT OF THE CONTRACT PRICE to the City within 10 business days from the execution of the Contract.

Each bond furnished by the Contractor shall incorporate by reference the terms of the Contract as fully as though they were set forth verbatim in such bonds. In the event the Contract Price (as defined below) is adjusted by change order executed by the Contractor, the penal sum of both the performance bond and the payment bond shall be deemed increased by like amount. The performance and payment bonds furnished by the Contractor shall be in form suitable to City and shall be executed by a surety, or sureties, licensed in the State of South Carolina and reasonably acceptable to City.

The performance bond will be in effect until all work on the Project has been completed and accepted by the City. The payment bond of the Contractor shall assure that the Contractor will promptly make payments to all persons supplying the Contractor with labor or materials in the prosecution of the work provided for in the Contract.

FAILURE TO PROVIDE PERFORMANCE/PAYMENT BONDS WHEN REQUIRED

In the event the Contractor fails to deliver to the City Procurement Division the performance and payment bonds within 10 BUSINESS DAYS from the execution of the Contract with the City, then the bid bond of the successful bidder shall be retained by City in its entirety, all work under the Contract shall be suspended, and City shall have the option of terminating the Contract. The remedies provided for under this provision shall not be construed to limit, waive, or otherwise abrogate any other remedy that the City shall be entitled to under other terms and conditions of the Contract.

Contract Terms & Conditions - Construction IFB No. 2027-019 - Page 12

12.2025

CITY OF CLEMSON, SOUTH CAROLINA

CONTRACT TERMS & CONDITIONS

OWNERSHIP OF THE DOCUMENTS WHICH MAKE UP THE CONTRACT

The documents which make up the Contract, and each of them, as well as any other documents furnished by City, shall remain the property of City. Contractor shall have the right to keep one copy of the Contract upon completion of the Project; provided, however, that in no event shall the Contractor use, or permit to be used, any portion or all of such Contract on other projects without City’s prior written authorization.

REPRESENTATIONS OF CONTRACTOR

In order to induce City to execute the Contract, and recognizing that City is relying thereon, Contractor, by executing the Contract, makes the following express representations to City:

1. Contractor is fully qualified to act as the contractor for the Project and has, and shall maintain, any and all licenses, permits, or other authorizations required or necessary to act as the contractor for, and to perform, the Project, including any necessary business licenses;

2. Contractor has become familiar with the Project site and the local conditions under which the Project is to be performed and relied upon; and

3. Contractor has received and carefully examined all of the documents which make up the Contract, including, but not limited to, plans, specifications, drawings, and maps and has found them in all respects to be complete, accurate, adequate, consistent, coordinated and sufficient for construction of the Project.

INTENT AND INTERPRETATION

With respect to the intent and interpretation of the Contract, City and Contractor agree as follows:

1. The Contract, together with Contractor's and surety's performance and payment bonds for the Project, if any, constitute the entire and exclusive agreements between the parties with reference to the Project, and the Contract supersedes any and all prior discussions, communications, representations, understandings, negotiations, or agreements. The Contract also supersedes any bid documents, except as expressly identified and incorporated by reference on the Standard Contract Form.

2. Anything that may be required, implied, or inferred by the documents which make up the Contract, or any one or more of them, shall be provided by Contractor for the Contract Price (as defined below).

3. Nothing contained in the Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between City and any person except the Contractor.

4. When a word, term, or phrase is used in the Contract, it shall be interpreted or construed first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage.

5. The words “include”, “includes”, or “including”, as used in the Contract, shall be deemed to be followed by the phrase, “without limitation.”

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12.2025

6. The specification herein of any act, failure, refusal, omission, event, occurrence, or condition as constituting a material breach of the Contract shall not imply that any other, non-specified act, failure, refusal, omission, event, occurrence or condition shall be deemed not to constitute a material breach of the Contract.

7. Contractor shall have a continuing duty to read, examine, review, compare, and contrast each of the documents which make up the Contract, shop drawings, and other submittals and shall give written notice to the City of any conflict, ambiguity, error, or omission which the Contractor may find with respect to these documents before proceeding with the affected work. The express or implied approval by the City, or the City’s architect, if any, of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with the Contract. City has prepared, or had prepared, the documents for the Project, including the plans and specifications for the Project, which are accurate, adequate, consistent, coordinated, and sufficient for construction. HOWEVER, CITY MAKES NO

REPRESENTATION OR WARRANTY OF ANY NATURE WHATSOEVER TO THE

CONTRACTOR CONCERNING SUCH DOCUMENTS, IF SUCH DOCUMENTS

HAVE BEEN PREPARED BY OTHER THAN CITY, BUT CONTRACTOR SHALL BE

ALLOWED TO RELY UPON SUCH DOCUMENTS TO THE SAME DEGREE AS

CITY. Contractor again hereby acknowledges and represents that it has received and carefully examined such documents, has found them to be complete, accurate, adequate, consistent, coordinated, and sufficient for construction, and Contractor has not, does not, and will not rely upon any representations or warranties by the City concerning such documents, as no such representations or warranties have been or are hereby made.

8. In the event of any conflict, discrepancy, or inconsistency among any of the documents which make up the Contract, the following shall control:

a. As between figures given on plans and scaled measurements, the figures shall govern;

b. As between large scale plans and small-scale plans, the large-scale plans shall govern;

c. As between plans and specifications, the requirements of the specifications shall govern; and

d. As between this document and the plans or specifications, this document shall govern.

CONTRACTOR’S PERFORMANCE

Contractor shall perform all of the work required, implied, or reasonably inferable from the Contract including, but not limited to, the following:

1. Construction of the Project in accordance with the time for performance set forth herein, and any and all other reasonably related services agreed to between the parties hereto or necessary to carry out the requirements herein, all as more particularly set out herein;

2. The furnishing of any required surety bonds and insurance;

3. The provision or furnishing, and prompt payment therefore, of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, power, fuel, heat, light, cooling, or other utilities, required for construction and all

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12.2025 necessary building permits and other permits required for the construction of the Project;

and

4. If applicable, the creation and submission to the City of detailed and comprehensive as-built drawings depicting all as-built construction. Such as-built drawings shall be submitted to the City upon Final Completion of the Project and receipt of same by the City shall be a condition precedent to final payment to the Contractor.

INFORMATION AND MATERIAL SUPPLIED BY CITY

City shall furnish to Contractor, prior to the execution of the Contract, any and all written and tangible material in its possession concerning conditions below ground at the site of the Project, if applicable. Such written and tangible material is furnished to Contractor only in order to make complete disclosure of such material as being in the possession of City and for no other purpose.

By furnishing such material, City does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all, and shall have no liability therefor. City shall also furnish, if appropriate, the legal description of the Project site and any required survey.

City shall obtain all required authorizations, approvals, easements, and the like, excluding the building permit or other permits or fees required of Contractor by the Contract or permits and fees customarily the responsibility of Contractor.

City will provide Contractor one copy of the complete Contract; provided, however, that in no event shall Contractor use, or permit to be used, any portion or all of such Contract on other projects without Owner’s prior written consent. Notwithstanding the foregoing, the documents which make up the Contract, as well as any other documents furnished by City, shall remain the property of City.

COMPENSATION; CONTRACT PAYMENTS

City shall pay, and the Contractor shall accept, as full and complete payment for the Contractor’s timely performance of its obligations hereunder the fixed price as submitted on the bid form for this Project or as listed on the Standard Contract Form. In the event that the fixed price on the bid form and the Standard Contract Form differ, the fixed price on the Standard Contract Form shall control. Such fixed price shall constitute the “Contract Price,” which shall not be modified except by change order as provided herein.

City shall pay the Contract Price to the Contractor in accordance with the procedures set forth in this section. On or before the 10th day of each month after commencement of performance, but no more frequently than once monthly, Contractor may submit a request for payment for the period ending the last day of the previous month (each, a “Payment Request”). Each Payment Request shall be in such format and include whatever supporting information as may be required by City.

Therein, Contractor may request payment for 90% of that part of the Contract Price allocable to Contract requirements properly provided, labor, materials, and equipment properly incorporated in the Project, and materials or equipment necessary for the Project and properly stored at the Project site (or elsewhere if offsite storage is approved in writing by City), less the total amount of previous payments received from City. Any payment on account of stored materials or equipment will be subject to Contractor providing written proof that City has title to such materials or equipment and that they are fully insured against loss or damage. Each Payment Request shall be signed by the Contractor and shall constitute Contractor’s representation that the quantity of

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12.2025 work has reached the level for which payment is requested, that the work properly installed or performed in strict compliance with the Contract, and that Contractor knows of no reason why payment should not be made as requested. Within 10 calendar days thereafter, City shall review the Payment Request and may also review the work at the Project site or elsewhere to determine whether the quantity and quality of the work is as represented in the Payment Request and is as required by the Contract, and shall approve in writing the amount which, in the good faith opinion of City, is properly owing to Contractor. City shall make payment to the Contractor within 30 calendar days following City’s written approval of each Payment Request. The amount of each such payment shall be the amount approved for payment by City less such amounts, if any, otherwise owing by Contractor to City or which City shall have the right to withhold as authorized by the Contract. City’s approval of Contractor’s Payment Requests shall not preclude City from the exercise of any of its rights to refuse to make payment or demand the return of amounts previously paid as set forth below. The submission by Contractor of a Payment Request also constitutes an affirmative representation and warranty that all work for which City has previously paid is free and clear of any lien, claim, or other encumbrance of any person whatsoever.