Bids for the Rock Hill Library Bathroom Renovations

SOLICITATION TYPE: Invitation for Bids DATE: March 23, 2021 ID Number: 2744 Title: Rock Hill Library Bathroom Renovations Due Date/Time: Wednesday, April 28, 2021 at 3:00 p.m. LATE SUBMITTALS WILL NOT BE ACCEPTED Mail or Deliver To: York County Procurement PO Box 180 Government Center Building, Room 3501 6 S. Congress St., York, SC 29745 Opening Location: Government Center Building Room 3801 6 S. Congress St., York, SC 29745 Voluntary Pre-Solicitation Conference: Thursday, April 15, 2021 at 3:00 p.m. Rock Hill Library, 138 E. Black St., Rock Hill, SC 29730 Point of Contact: Bryant Cook, Procurement Manager Email: procurement@yorkcountygov.com Additional Documents available from: N/A Questions Deadline: No later than 5:00 p.m. on Thursday, April 22, 2021 Email: procurement@yorkcountygov.com Submittals required: One (1) signed original, and two (2) signed

copies Tentative Date of Council Approval: Monday, May 17, 2021 Note: As York County continues to monitor the activity of the COVID-19 (Coronavirus) throughout South Carolina, the County also continues to assess daily operations and take proactive measures to protect the public. As such, in an effort to protect the public’s health, safety, and welfare, York County requires all participants attending York County’s pre submittal conferences and public bid openings to practice social distancing and the wearing of masks. PO Box 180, 6 South Congress Street, York, SC 29745 Telephone: 803-684-8520 Fax: 803-684-8580 Web: www.yorkcountygov.com Teria G. Sheffield Procurement Director PROCUREMENT DEPARTMENT mailto:procurement@yorkcountygov.com mailto:procurement@yorkcountygov.com http://www.yorkcountygov.com/ OFFERORS MUST COMPLETE AND SIGN THE FORM BELOW The submittal must be signed by an authorized representative of the Offeror accepting all terms and conditions contained in this document and any addenda. Modifying the terms and conditions of this solicitation may result in your response being rejected. ______________________________ ________________________________ COMPANY NAME COMPANY TELEPHONE NUMBER ______________________________ ________________________________ COMPANY ADDRESS COMPANY FAX# (IF APPLICABLE) ______________________________ ________________________________ CITY, STATE, ZIP+4 EMAIL ADDRESS ______________________________ ________________________________ AUTHORIZED SIGNATURE FEDERAL ID# ______________________________ ________________________________ PRINT NAME DATE Minority Status _____ Not Minority Owned _____ African American Male _____ Caucasian Female _____ African American Female _____ Aleut _____ Eskimo _____ East Indian _____ Native American _____ Asian _____ Other (Please Explain) INFORMATION TO BIDDERS 00 21 13 - 1 INFORMATION TO BIDDERS 1. PROJECT DESCRIPTION 1.1. The Work of this project consists of furnishing all labor, materials, equipment, tools, transportation, services and incidentals; and of performing all work necessary to complete all specified work in accordance with the Contract Documents prepared therefore and entitled York County Rock Hill Library Restroom Renovations. 1.2. Completion time for the project will be 150 calendar days as set forth in the Agreement. 2. DEFINED TERMS 2.1. Terms used in the Information to Bidders are defined and have the meanings assigned to them in the General Conditions. 3. COPIES OF BIDDING DOCUMENTS 3.1. Only complete sets of Bidding Documents will be issued and shall be used in preparing Bids. Neither the OWNER nor the ARCHITECT assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 3.2. Complete sets of Bidding Documents may be obtained in the manner and at the location stated in the Invitation for Bids. 4. QUALIFICATIONS OF BIDDERS 4.1. Each Bid must contain evidence of the Bidder's qualifications to do business in the area where the project is located. 4.2. To demonstrate his qualifications to perform the Work, each Bidder must be prepared to submit, within five days of OWNER’s request, a Statement of Qualifications providing written evidence as to his financial status; previous successful contractual and technical experience in similar work including references, description and volume of present commitments, evidence of possession of valid state, county, and local licenses; Certificates of Competency covering all operations and all areas of political jurisdiction involved in the work of this project; and such other data as may be requested by the OWNER. 4.3. Statement of Bidders Qualifications If requested by the OWNER, Bidder must submit a Statement of Qualifications (the Qualifications) to include the following information. Bidder must provide all requested information in the Qualifications, and the data given must be clear and INFORMATION TO BIDDERS 00 21 13 - 2 comprehensive. This statement shall be notarized and furnished to the OWNER, within five days of OWNER’s request. If necessary, the Qualifications questions may be answered on separate, attached sheets. The Bidder may submit any additional information he desires. 4.3.1. Name of Bidder. 4.3.2. Name(s), address(es), & social security number(s) of company principal(s). 4.3.3. Permanent main office address. 4.3.4. When organized. 4.3.5. If a corporation or company, list the State where incorporated or registered, year incorporated or registered, and the location of the principal place of business. 4.3.6. How many years has your organization been engaged in the contracting business under your present firm or trade name? 4.3.7. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion). 4.3.8. Under what other and former names has your organization operated? 4.3.9. General character of work performed by your company. 4.3.10. Has your company ever failed to complete any work awarded to you? 4.3.11. Have you ever defaulted on a contract? 4.3.12. List the more important projects completed by your company in the last five (5) years, the approximate cost for each project, and the month and year completed. 4.3.13. List your major equipment available for this contract. 4.3.14. Experience in construction work similar in importance to this project. 4.3.15. Background and experience of the principal members of your organization, including officers. 4.3.16. Credit available: $ . 4.3.17. Give bank references: . 4.3.18. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the OWNER? INFORMATION TO BIDDERS 00 21 13 - 3 The following statement shall appear on the submitted Statement of Bidder Qualifications: “The undersigned hereby certifies that information furnished is true and accurate and further authorizes and requests all persons, firms, and corporations to furnish all information requested by the OWNER to allow verification of the information requested in this Statement of Bidder’s Qualifications.” 5. DISQUALIFICATION OF BIDDERS 5.1. One Bid: Only one Bid from an individual firm, partnership, company, or corporation under the same or under different names will be considered. If OWNER believes that a Bidder submitted more than one Bid for the work involved, all Bids submitted by that Bidder will be rejected. 5.2. Collusion Among Bidders: If OWNER believes that collusion exists among the Bidders, the Bids of all participants in such collusion will be rejected, and no participants in such collusion will be considered in future Bids for the same work. 6. EXAMINATION OF SITE CONDITIONS 6.1. Each Bidder, by and through the submission of his Bid, agrees that he has examined the site, the location of all proposed work, and has satisfied himself from his own personal knowledge and experience or professional advice as to the character and location of the site, locations of utilities and structures, and any other conditions and obstructions affecting the work, the nature of any existing construction, and other physical characteristics of the job, in order that the prices which he bids include all costs required for satisfactory completion of the work, including the removal, relocation, or replacement of any objects or obstructions which may be encountered in doing the proposed work. 6.2. Reports and records of obstructions investigations shown on the Drawings or included in the Bid Documents were made solely for design purposes. The OWNER and ARCHITECT do not warrant, guarantee or represent that said data is accurate or complete with respect to actual subsurface conditions throughout the site. Therefore, the Bidder, by and through the submission of his Bid, affirms that he has satisfied himself with respect to such site conditions, and, should the Bidder be awarded the Contract, he agrees that he will make no claims against the OWNER or ARCHITECT if, in carrying out the work, he finds that the actual conditions do not conform to those indicated. The OWNER will, upon request, provide each Bidder with reasonable access to the site to conduct such tests and investigations as each Bidder deems necessary for submission of his Bid. If a Bidder obtains such access he shall restore the site to the condition existing prior to conducting said tests and investigations. 6.2.1. In reference to those reports of explorations and conditions at the site which have been utilized by ARCHITECT in preparation of the Contract Documents, Bidder INFORMATION TO BIDDERS 00 21 13 - 4 may rely upon the accuracy of the technical data contained in such reports but not upon non-technical data, interpretations or opinions contained therein or for the completeness thereof for the purpose of bidding or construction. 6.2.2. In reference to those drawings of physical conditions in or relating to existing conditions which are at or contiguous to the site which has been utilized by ARCHITECT in preparation of the Contract Documents, Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness for the purpose of bidding or construction. Copies of such reports and drawings will be made available by OWNER to any Bidder upon request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in Paragraphs 6.2.1 and 6.2.2 are incorporated into the Contract Documents by reference. 6.3. Information and data reflected in the Contract Documents with respect to Facilities at or contiguous to the site is based upon information and data furnished to OWNER and ARCHITECT by owners of such Facilities or others, and OWNER does not assume responsibility for the accuracy or completeness thereof. 6.4. Should a Bidder find that any conditions, or other physical conditions at or contiguous to the site is of such a nature as to require a change in the Contract Documents due to differing conditions, Bidder shall at once notify the ARCHITECT in writing. 6.5. The land upon which the work is to be performed, rights-of-way and easements for access thereto, and other lands designated for use by OWNER in performing the Work are identified in the Bid Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the successful Bidder. Easements for permanent structures or permanent changes in existing structures are to be obtained and/or paid for by OWNER unless otherwise provided in the Contract Documents. 7. EXAMINATION OF CONTRACT DOCUMENTS 7.1. Each Bidder shall carefully examine the Contract Documents, and become thoroughly informed regarding any and all conditions and requirements that may in any manner affect cost, progress or performance of the Work to be performed under the Contract. Ignorance on the part of the CONTRACTOR will in no way relieve him of the obligations and responsibilities assumed under the Contract. 7.2. Should a Bidder find discrepancies, ambiguities, or omissions in the Bid Documents or Contract Documents or doubt as their meaning, the Bidder shall at once notify the ARCHITECT in writing. INFORMATION TO BIDDERS 00 21 13 - 5 7.3. The Submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of Articles 6 and 7; without exception the Bid is premised upon performing and furnishing the Work required by the Contract Document; and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents; and the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 8. INTERPRETATIONS, CLARIFICATIONS AND ADDENDA 8.1. All questions about the meaning or intent of the Contract Documents or about the bid process must be written. No oral interpretations will be made to any Bidder as to the meaning of the Contract Documents or the bid process. Any inquiry or request for interpretation received five (5) or more days prior to the date fixed for opening of Bids will be given consideration unless otherwise specified on coverpage. Any changes or interpretations will be made in writing in the form of an addendum and, if issued, posted on the County’s website www.yorkcountygov.com and will be mailed or sent by available means to all known prospective Bidders prior to the established bid opening date. Each Bidder shall acknowledge receipt of such addenda in the space provided on the Bid Form. In case any Bidder fails to acknowledge receipt of such addenda, submission of the bid constitutes acknowledgement of the receipt of all addenda. All addenda are a part of the Contract Documents and each Bidder will be bound by such addenda, whether or not received by him. It is the responsibility of each Bidder to verify that he has received all addenda issued before Bids are opened. Questions received less than five (5) Calendar days prior to the date for opening of Bids may not be answered unless otherwise specified on cover page. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will have no legal effect. 8.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or ARCHITECT. 8.3 Inquiries regarding interpretation or additional information concerning the County’s requirements or stipulations concerning this request can be made via email as listed below. Send questions regarding the project via email to Bryant Cook, Procurement Manager procurement@yorkcountygov.com 9. INTERPRETATION OF QUANTITIES http://www.yorkcountygov.com/ mailto:procurement@yorkcountygov.com INFORMATION TO BIDDERS 00 21 13 - 6 9.1. The quantities of work to be performed and materials to be furnished under unit price items, as given in the Bid Form, shall be considered as approximate only and will be used solely for the comparison of Bids received. The OWNER and/or ARCHITECT do not expressly or by implication represent that the actual quantities involved will correspond exactly with the quantities on the Bid Form. The Bidder may not plead misunderstanding or deception because of such estimate or quantities or of the character, location or other conditions pertaining to the work. Payment to the CONTRACTOR under unit price items will be made only for the actual measured quantities of work performed and materials furnished in accordance with the Contract Documents, and it is understood that the quantities may be increased or decreased at the OWNER's option, as provided in the General Conditions, without in any way invalidating any of the unit or lump sum prices Bid. 10. ALTERNATES 10.1. When certain items of equipment or materials are specified or described as the product of a particular manufacturer - together with any required additional information such as model number, size or catalog number - only such specific items may be used in preparing the Bid, except as hereinafter provided. 10.2. Non-substantial deviations may be considered provided that the Bidder submits a full description and explanation of and justification for the proposed deviations. Whether any proposed deviation is non-substantial will be determined by York County in its sole discretion. Substitution requests require prior approval and shall be submitted in writing to the Engineer in the manner described in the Project Manual no later than seven (7) days prior to the date for opening of bids. Requests received after this date will not be considered. 11. GOVERNING LAWS AND REGULATIONS 11.1. Upon award of a contract under this request the successful Bidder must comply with the laws of South Carolina including obtaining authorization or licensure to do business with this State if required. 11.2. Notwithstanding the fact that applicable statutes may exempt or exclude the successful Bidder from authorization or licensure requirements, by submission of this signed Bid, the Bidder agrees to subject himself to the jurisdiction and process of the courts of the State of South Carolina as to all matters and disputes arising under the Contract Documents and the performance thereof, including any questions as to the liability for taxes, licenses, or fees levied by the State. 11.3. The Bidder is required to be familiar with and shall be responsible for complying with all federal, State and local laws, ordinances, rules, and regulations that in any manner affect the work. INFORMATION TO BIDDERS 00 21 13 - 7 11.4. The bid prices shall include all sales, consumer, use, and other taxes required to be paid in accordance with the law of the place of the project. 12. PREPARATION OF BIDS 12.1. Signature of the Bidder: Each Bidder shall sign the Bid Form in the space provided for the signature. If the Bidder is an individual, the words "doing business as ", or "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words "Member of the Firm" should be written beneath such signature. If the Bidder is company, either a member or the managing member must sign the Bid on behalf of the company and provide evidence of his authority to sign the bid. If the Bidder is a corporation, the title of the officer signing the Bid on behalf of the corporation must be stated and evidence of his authority to sign the Bid must be submitted. Bids not signed may be automatically rejected. 12.2. The Bidder shall show valid South Carolina Contractor’s License Number on the Bid Form. Failure to show this required information in the proper place may cause the Bid to be automatically rejected. All Bidders shall hold a valid and current South Carolina General Contractor’s License, with the appropriate classifications and limitations to satisfy the proposed scope of work and bid amount. 12.3. Basis for Bidding: The price bid for each item shall be on a lump sum or unit price basis as specified in the Bid Form. The bid prices shall remain unchanged for the duration of the Contract and no claims for cost escalation during the progress of the work will be considered. All blanks on the Bid Form must be completed in black ink or typewritten. 12.4. Price Bid: The total price bid for the work shall be the aggregate of the lump sum prices bid and unit prices multiplied by the appropriate estimated quantities for the individual items and shall be stated in figures in the appropriate place on the Bid Form. In the event that there is a discrepancy on the Bid Form due to unit price extensions or additions, the corrected extensions and additions shall be used to determine the project bid amount. Written values (in words) shall supersede numerical values, when discrepancies exist. 13. SUBMISSION OF BIDS 13.1. Each bid shall be submitted on the Bid Form as furnished, together with a suitable bid security as herein described. 13.2. The Bid, accompanied by bid security, as described in Section 14, and other required documents, shall be submitted in a sealed envelope clearly marked with the Project title (and if applicable, the designated portion of the Project for which the Bid is submitted) and the name and address of the Bidder. If forwarded by mail or other INFORMATION TO BIDDERS 00 21 13 - 8 delivery system, the above mentioned envelope shall be enclosed in another envelope with the notation “BID ENCLOSED” on the face of it and addressed to the entity and address stated in the Invitation for Bids. Bids will be received until the date and hour stated in the Invitation for Bids. 13.3. Bid Identification (I.D.) Number – The Bidder shall also clearly indicate the Bid I.D. Number of this bid on the outside of the sealed envelope within which the Bid is submitted in person to the York County Procurement Department, Room 3501, Government Center Building, 6 S. Congress Street, York, SC 29745 or by mail to the York County Procurement Department, P.O. Box 180, York, SC 29745. 13.4. If requested by the OWNER, Bidder shall submit, within five days of OWNER’s request, a list of the names and addresses of his major subcontractors together with the services they will supply. These subcontractors will be subject to review as to their competency by the OWNER prior to award of Contract and shall be one of the considerations in determining the successful Bidder. After award of Contract, no change in subcontractors shall be made unless approved by the OWNER after a request for such a change, including the reasons therefore, has been submitted in writing by the CONTRACTOR. 13.5. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION: The Bidder certifies, by submission of this document or acceptance of a contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any State, Federal department, or agency. It further agrees by submitting this qualification statement that it will include this clause without modification in all lower tier transactions, solicitations, Bids, contracts, and subcontracts. Where the Bidder or any lower tier participant is unable to certify to this statement, it shall attach an explanation to the Bid Form. 14. BID SECURITY 14.1. Each Bid must be accompanied by a cashier's check or Bid Bond made payable to the OWNER in an amount not less than five percent (5%) of the total amount of the Bid if the total amount of the bid exceeds $30,000. Generally, the bid security of all Bidders, including the three (3) lowest responsible Bidders, will be returned within ten (10) days after the OWNER and the accepted Bidder have executed the written Contract and the accepted Bidder has filed acceptable Performance and Indemnity and Payment Bonds. Upon request and no earlier than thirty (30) days after the formal opening of bids, the County will return the bid security of any Bidder. 14.2. Attorneys-in-Fact who sign Bid Bonds shall file with such bonds a certified copy of their Power of Attorney to sign said Bonds. INFORMATION TO BIDDERS 00 21 13 - 9 14.3. Failure of the accepted Bidder to execute a Contract and file acceptable bonds within ten (10) days after a written Notice of Award has been given shall be just cause for the annulment of the award and the forfeiture of the bid security to the OWNER as liquidated damages for damages sustained by OWNER. Award may then be made to the next lowest responsible Bidder or all Bids may be rejected. 15. WITHDRAWAL OF BID 15.1. Any Bid may be withdrawn prior to the time scheduled in Invitation for Bids for the receipt thereof. A Bid may also be withdrawn within twenty-four (24) hours after the date of the receipt of the Bids, provided that the Bidder files a duly signed, written notice with OWNER and promptly there after demonstrates, to the reasonable satisfaction of OWNER, that there was a material and substantial mistake in the preparation of its Bid. The Bid security will be returned and the Bidder will be disqualified from further bidding on the work to be provided under the Contract Documents. 16. MODIFICATION OF BIDS 16.1. York County does not allow modification of bids after submittal. 17. RECEIPT AND OPENING OF BIDS 17.1. Bids will be received until the designated time and will be publicly opened and (unless non-responsive) read aloud at the appointed time and place stated in the Invitation for Bids. The person whose duty it is to open the Bids will decide when the specified time has arrived and no Bids received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a Bid not properly addressed and identified. Bidders or their authorized agents are invited to be present. An abstract of the amounts of the base Bids and major alternates (if any) will be available to Bidders after the opening of Bids. 18. DETERMINATION OF SUCCESSFUL BIDDER 18.1. For the purpose of award, the correct summation of the lump sum prices and/or of the products of the estimated quantities shown in the Bid and the unit prices will be considered the Bid. Until the final award of the Contract, the OWNER does not bind himself to accept the minimum Bid stated herein, but reserves the right to reject any and all Bids and to waive technical errors and irregularities as may be deemed best for the interests of the OWNER. Bids containing modifications that are incomplete, unbalanced, conditional, and obscure; containing additions not requested or irregularities of any kind; not complying in every respect with the Information to Bidders and the Bid Documents, may be rejected at the option of the OWNER. INFORMATION TO BIDDERS 00 21 13 - 10 18.2. In evaluating Bids, OWNER will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, alternates (if any), unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. 18.3. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any Bid and to establish the qualifications to perform and furnish the Work in accordance with the Contract Documents to OWNER’s satisfaction within the prescribed time. 18.4. The Bids of the three (3) lowest responsible Bidders will remain subject to acceptance for a maximum of one hundred twenty (120) days after the day of the Bid opening, but OWNER may, at its sole discretion, release any Bid and return the bid security prior to that date. 19. AWARD OF CONTRACT 19.1. The OWNER reserves the right to reject any or all Bids or any part of any Bid, to waive any informality in any Bid, or to re-advertise for all or part of the work contemplated. If Bids are found to be acceptable by the OWNER, written Notice of Award will be given to the lowest responsible Bidder of the acceptance of his Bid and of the award of the Contract to him. 19.2. If a Bidder to whom a Contract is awarded forfeits his bid security and the award of the Contract is annulled, the OWNER may either award the Contract to the next lowest responsible Bidder or re-advertise the work. 19.3. The Contract will be awarded to the lowest responsible Bidder complying with the applicable conditions of the Contract Documents. 19.4. The ability of a Bidder to obtain Performance and Indemnity and Payment Bonds shall not be regarded as the sole test of such Bidder's competence or responsibility. 19.5. The OWNER also reserves the right to reject the Bid of a Bidder who has previously failed to perform properly or to complete Contracts of a similar nature on time. 20. EXECUTION OF CONTRACT 20.1. The Bidder to whom a Contract is awarded will be required to return to the OWNER a minimum of three (3) executed counterparts of the prescribed Contract or Agreement together with the required Performance and Indemnity and Payment Bonds and the required Certificates of Insurance within ten (10) days from the date of Notice of Award. Within ten (10) days thereafter, OWNER shall deliver one fully INFORMATION TO BIDDERS 00 21 13 - 11 signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of Drawings with appropriate identification. 21. PERFORMANCE AND PAYMENT BONDS 21.1. Simultaneously with his delivery of the executed Contract to the OWNER, a Bidder to whom a Contract has been awarded must deliver to the OWNER executed Performance and Indemnity and Payment Bonds on the prescribed forms each in an amount equal to one hundred percent (100%) of the total amount of the Contract Amount, as security for the faithful performance of the Contract and for the payment of all persons performing labor or furnishing materials in connection therewith. The Performance and Indemnity and Payment Bonds shall have as the surety thereon only such surety company or companies as are authorized to write bonds of such character and amount under the laws of the State of South Carolina and with a resident agent in the county in which the project is located. The Attorney-in-Fact or other officer who signs the Performance and Indemnity and Payment Bonds for a surety company must file with such bonds a certified copy of his Power-of-Attorney authorizing him to do so. 21.2. The Performance and Indemnity and Payment Bonds shall remain in force for one (1) year from the date of final payment of the Work as a protection to the OWNER against losses resulting from latent defects in materials or improper performance of work under the Contract, which may appear or be discovered during that period. 21.3. Qualification of Sureties shall be as described in the General Conditions. 22. GENERAL REQUIRMENTS 22.1 All Bidders including the employees of the Bidder must comply with all applicable Federal, State, and County laws pertaining to contracts entered into by governmental agencies, including non-discrimination employment. Contracts entered into on the basis of submitted Bid responses are revocable if contrary to law. Contracts for work resulting from this request will obligate the Bidder to not discriminate on the basis of race, color, creed, religion, handicap, or national origin in their employment practices. 23. TITLE VI OF CIVIL RIGHTS ACT OF 1964 23.1 Bidders shall comply with Title VI of the Civil Rights Act of 1964. York County strongly encourages the use of and involvement of Disadvantaged Business Enterprises (DBE) on this project. 24. CONFLICT OF INTEREST 24.1 The successful firm shall not knowingly employ, during the period of a contract, or any extensions to it, any professional personnel who are also in the employ of York County and INFORMATION TO BIDDERS 00 21 13 - 12 who are providing services involving this request or services similar in nature to the scope of this request to the County. Furthermore, the firm shall not knowingly employ, during the period of a contract or any extensions to it, any York County employee who has participated in the making of a contract until at least two years after his/her termination of employment with York County. 25. INDEMNIFICATION AND HOLD HARMLESS 25.1 The successful firm shall agree to protect, defend, indemnify, and forever hold harmless, the County, its agents, officers, and employees, from and against any and all claims, liabilities, damages, costs, actions, proceedings, of any nature whatsoever, however alleged or termed, or in any lawsuits, arising in any manner out of any action or failure to act, by the firm, its officers, agents, and employees, or relating to or arising out of the performance or failure to perform, by the firm, its officers, agents, and employees, any obligations arising under its agreement with the County, or any other type claim/lawsuit whatsoever, however alleged or termed, which may arise at any time as a result of or related to the provision of service(s) for the County by the successful firm, without regard to the source, nature, or validity of the claim/lawsuit. Losses, liabilities, expenses and claims for damages shall include, but not be limited to, civil and criminal fines and penalties, loss of use and/or services, claims for injury, damage, disability, property damage, or death, injury to real or personal property, and attorneys’ fees, costs, and expenses incurred by the County or any of its agents, officers, and employees. The County shall not be precluded from receiving the benefits of any insurance the firm may carry which provides for indemnification for any loss or damage to property in the firm's custody and control, where such loss or destruction is to County property. The firm shall do nothing to prejudice the County’s right to recover against third parties for any loss, destruction or damage to County property. 26. DRUG-FREE WORKPLACE 26.1 During the performance of this request, the firm agrees to provide a drug-free workplace for his employees; post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specify the actions that will be taken against employees for violations of such prohibition; and state in all solicitations or advertisements for employees placed by or on behalf of the firm that the firm maintains a drug-free workplace. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor/firm in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the request. 27. APPLICABILITY/JURISDICTION OF SOUTH CAROLINA LAW AND COURTS INFORMATION TO BIDDERS 00 21 13 - 13 27.1 Upon award of a contract under this request the person, partnership, association or corporation to whom the award is made must comply with the laws of South Carolina which require such person or entity to be authorized and/or licensed to do business with this State. Notwithstanding the fact that applicable statutes may exempt or exclude the successful firm from requirements that it be authorized and/or licensed to do business in this State, by submission of this signed Bid, the firm agrees to subject itself to the jurisdiction and process of the courts of the State of South Carolina as to all matters and disputes arising or to arise under the contract and the performance thereof, including any questions as to the liability for taxes, licenses, or fees levied by the State. 28. CERTIFICATE OF INSURANCE 28.1 Once selected, the successful firm will be required to provide proof of insurance to include professional liability; workers compensation, employer’s liability and general liability prior to commencing work. 29. ASSIGNMENT 29.1 No contract or its provisions may be assigned, sublet, or transferred without the written consent of the County. 30. OWNERSHIP OF MATERIAL 30.1 All Bids and supporting materials (including all data, material, and documentation) originated and prepared for York County pursuant to this SOLICITATION and including correspondences relating to this SOLICITATION shall, belong exclusively to York County. 31. PRIME RESPONSIBILITIES 31.1 The successful firm will be required to assume sole responsibility for the complete effort as required by this solicitation. York County will consider the successful firm to be the sole point of contact with regard to contractual matters. 32. SUBCONTRACTING 32.1 If any part of the work covered by this solicitation is to be subcontracted, the successful firm shall identify the subcontracting organization and the contractual arrangements made therewith. All subcontractors must be approved by York County. The successful firm will also furnish the corporate or company name. 33. RECORDS RETENTION AND RIGHT TO AUDIT 33.1 The County shall have the right to audit books and records of the successful firm as they pertain to this contract. Such books and records shall be maintained for a period of three (3) years from the date of final payment under the contract. The County may conduct, or have conducted, performance audits of the successful firm. The County may conduct, or INFORMATION TO BIDDERS 00 21 13 - 14 have conducted, audits of specific requirements of this solicitation as determined necessary by the County. Pertaining to all audits, successful firm shall make available to the County access to its computer files containing the history of contract performance and all other documents related to the audit. Additionally, any software used by the successful firm shall be made available for auditing purposes at no cost to the County. 34. PUBLIC ACCESS TO PROCUREMENT INFORMATION 34.1 Subject to the requirements of the Freedom of Information Act, commercial or financial information obtained in response to this SOLICITATION which is deemed privileged and confidential by the Bidder, will not be disclosed. Such privileged and confidential information should be clearly marked as such and includes information which if disclosed, might cause harm to the competitive position of the Bidder supplying the information. All Bidders, therefore, must visibly mark as "CONFIDENTIAL" each specific part of their Bid which such Bidders consider to contain proprietary or other privileged information. Additionally, all Bidders shall be solely responsible for identifying as exempt from the Freedom of Information Act and for visibly marking as "EXEMPT FROM FREEDOM OF INFORMATION ACT" each specific part of their Bid which Bidders deem to be so exempt and shall further be solely responsible for any consequences that might arise from the nondisclosure of any information that is subsequently determined not to have such an exemption. York County hereby disclaims any responsibility for not disclosing information identified by any Bidder as exempt from the Freedom of Information Act and further hereby disclaims any responsibility for any information which is disclosed as a result of Bidder's failure to visibly mark it as "CONFIDENTIAL" or to improperly mark it as “confidential”. Bidder must identify specific parts of the Bid package as confidential. Failure to do so or to mark the entire Bid package as confidential may result in disclosure of that information. 35.NON-COLLUSION BIDDING CERTIFICATION AND DISQUALIFICATION 35.1 By submission of a bid, each Bidder and each person signing on behalf of any Bidder certifies, and in the case of a joint bid each party certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief. 35.2 The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor. 35.3 Unless otherwise required by law, the prices which have been quoted in this bid have not knowingly been disclosed by the Bidder and will not knowingly be disclosed prior to the bid opening, directly or indirectly, to any other Bidder or to any competitor. 35.4 No attempt has been or will be made by the Bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition INFORMATION TO BIDDERS 00 21 13 - 15 35.5 One Bid: Only one Bid from an individual firm, partnership, company, or corporation under the same or under different names will be considered. If OWNER believes that a Bidder submitted more than one Bid for the work involved, all Bids submitted by that Bidder will be rejected. 36. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION 36.1 The Bidder certifies, by submission of this document or acceptance of a contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any State, Federal department, or agency. It further agrees by submitting this qualification statement (if applicable) that it will include this clause without modification in all lower tier transactions, solicitations, Bids, contracts, and subcontracts. Where the Bidder or any lower tier participant is unable to certify to this statement, it must attach an explanation to this solicitation/bid. 37. CERTIFICATION REGARDING IMMIGRATION REFORM AND CONTROL 37.1 The Bidder certifies, by submission of this document or acceptance of a contract, that all Contractors are expected to comply with the Immigration and Reform Control Act of 1986 (IRCA), as may be amended from time to time. This Act, with certain limitations, requires the verification of the employment status of all individuals who were hired on or after November 6, 1986, by the Contractor as well as any subcontractor or sub- subcontractor. The usual method of verification is through the Employment Verification (I-9) Form. With the submission of this bid, the Contractor hereby certifies without exception that Contractor has complied with all federal and state laws relating to immigration and reform. Any misrepresentation in this regard or any employment of persons not authorized to work in the United States constitutes a material breach and, at the State’s option, may subject the contract to termination and any applicable damages. The Contractor certifies that, should it be awarded a contract by the County, the Contractor will comply with all applicable federal and state laws, standards, orders and regulations affecting a person’s participation and eligibility in any program or activity undertaken by the Contractor pursuant to this contract. The Contractor further certifies that it will remain in compliance throughout the term of the contract. At the County’s request, the Contractor is expected to produce to the County any documentation or other such evidence to verify the Contractor’s compliance with any provision, duty, certification, or the like under the contract. The Contractor agrees to include this Certification in contracts between itself and any subcontractors in connection with the services performed under this contract. 38. CHAIN OF COMMUNICATION 38.1 To ensure the integrity of the competitive process, a strict chain of communication shall apply to each Invitation for Bids, Request for Proposals, Request for Qualifications, or any other competitive solicitation during the period between publication of the solicitation INFORMATION TO BIDDERS 00 21 13 - 16 and final award. Bidders or its agents may not communicate by any means, directly or indirectly, with York County public officials, employees, its agents, or representatives or any person not otherwise listed on this document, regarding any aspect of this procurement activity. All communications must be solely with the Procurement Officer. In the sole determination of the Procurement Officer and/or York County, violation of these restrictions may result in disqualification of your offer, suspension or debarment, and may constitute a violation of law. 39. PROHIBITION OF DONATIONS AND GRATUITIES 39.1 Bidders are restricted from making donations to any York County governmental entity with whom they have or seek to have a contract. The Bidder represents that his/her offer discloses any gifts made, directly or through an intermediary, by the Bidder or the Bidder’s named subcontractors or subconsultants to or for the benefit of York County, its agents, or representatives during the period beginning eighteen months prior to the Opening Date. No Bidder, or any person, firm, or corporation employed by the Bidder in the performance of this request, may offer or give any gift, money or anything of value or any promise for future reward or compensation to any York County employee. 40. YORK COUNTY RESERVES THE RIGHT TO REJECT ANY AND/OR ALL BIDS AND TO WAIVE ANY AND ALL TECHNICALITIES. _____________________________________________________________________ Signature, Title of CONTRACTOR Bid Amount BASE BID WORK (as indicated in the Bidding Documents and Project Manual) Base Bid $ , which sum is hereafter called the Base Bid. Existing Conditions Allowance $20,000 Unit Price $ , per square foot for Cast Underlayment per Project Manual section 035400 Total Base Bid (including Allowance) $ , which sum is hereafter called the Base Bid. (Bidder to insert Base Bid Amount on line above in figures only) ACKNOWLEDGEMENT OF ADDENDA Acknowledgement is hereby made of the following Addenda received since issuance of the Bid Documents: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Addendum No. Dated: Company Authorized Signature Print Name Email Address (Please print clearly) Note: All work performed by the Contractor as essential to the completion of the intent of the Contract Documents shall be paid in accordance to the terms provided in the contractual agreement. No direct payment will be made for work performed which is not shown as a separate Bid Item. The undersigned proposes the following unit prices to be utilized on the Work or Extra Work should modifications or variations incorporate these items of work into the Work. Attached hereto is a cashier's check on the Bank of or Bid Bond for the sum Dollars ( ),made payable to (Owner). ________________________________ L.S. (Name of Bidder) (Affix Seal) ________________________________ L.S. (Signature of Officer) ________________________________ L.S. (Title of Officer) Address: P.O. Box Street: City: State, Zip Code: Telephone: Fax: Federal ID#:_______________________ Email address: ______________________________________________________________ Contractor License type: _______________ Contractor License number: ________________ License status: ____________________ Expiration: ______________________________ Classification: ________________________________________________________________ The full names and residences of persons and firms interested in the foregoing bid, as principals, are as follows: Name of the executive who will give personal attention to the work: Attach list of subcontractors as required by Article 13.4 of Information to Bidders. NON-COLLUSION AFFIDAVIT State of ) County of ) , being first duly sworn, deposes and says that: (1) He is of , the Bidder Title Company Name that has submitted the attached Bid; (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm, or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other bidder, or to secure through any collusion, conspiracy, conveyance or unlawful agreement any advantage against the OWNER or any person interested in the proposed contract; (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. (Signed) (Title) Subscribed and sworn to before me this day of , 20 (Title) My commission expires BID BOND STATE OF SOUTH CAROLINA COUNTY OF YORK KNOW ALL MEN BY THESE PRESENTS, that as Principal, and , as Surety, a Corporation chartered and existing under the laws of the State of , with its principal offices in the City of , and authorized to do business in the State of South Carolina are held and firmly bound unto the OWNER, in the penal Sum of Dollars ($ ) lawful money of the United States, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted to the OWNER the accompanying bid, dated ______________, 2021, for: NOW, THEREFORE, A. If said Bid shall be rejected, or B. If the principal shall not withdraw said Bid within twenty-four (24) hours after date of opening of the same, and shall within ten (10) days after the prescribed forms are presented to him for signature, enter into a written contract with the OWNER in accordance with the Bid as accepted, and give bonds with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such contract, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. C. In the event of the withdrawal of said Bid within the period specified, or the failure to enter into such contract and give such bonds within the time specified, if the principal shall pay the OWNER the difference between the amount specified in said bid and the amount for which the OWNER may procure the required work and supplies, if the latter amount be in excess of the former, then the above obligations shall be void and of no effect, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their several seals, this ____ day of , A.D., 2021, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). WITNESSES: PRINCIPAL: Name of Firm Signature of Authorized Officer (Affix Seal) Title Business Address City State WITNESS: SURETY: Corporate Surety (Affix Attorney-in-Fact Seal) Business Address City State Name of Local Insurance Agency CERTIFICATES AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the within bond; that who signed the said bond on behalf of the principal, was then of said corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said corporation by authority of its governing body. (Corporate Secretary Seal) STATE OF SOUTH CAROLINA COUNTY OF YORK Before me, a Notary Public duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the and that he has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor of the OWNER, the . Subscribed and sworn to before me this ____ day of , 2021, A.D. (Attach Power of Attorney to original Bid Bond) Notary Public State of South Carolina-at-Large My Commission Expires: END OF SECTION CERTIFICATION REGARDING IMMIGRATION REFORM & CONTROL All Bidders are expected to comply with the Immigration and Reform Control Act of 1986 (IRCA), as may be amended from time to time. This Act, with certain limitations, requires the verification of the employment status of all individuals who were hired on or after November 6, 1986, by the Bidder as well as any sub-consultants. The usual method of verification is through the Employment Verification (I-9) Form. With the submission of this bid, the Bidder hereby certifies without exception that Bidder has complied with all federal and state laws relating to immigration and reform. Any misrepresentation in this regard or any employment of persons not authorized to work in the United States constitutes a material breach and, at the York County’s option, may subject the contract to termination and any applicable damages. The Bidder certifies that, should it be awarded a contract by the County, the Bidder will comply with all applicable federal and state laws, standards, orders and regulations affecting a person’s participation and eligibility in any program or activity undertaken by the Bidder pursuant to this contract. The Bidder further certifies that it will remain in compliance throughout the term of the contract. At the County’s request, the Bidder is expected to produce to the County any documentation or other such evidence to verify the Bidder’s compliance with any provision, duty, certification, or the like under the contract. The Bidder agrees to include this certification in contracts between itself and any subcontractors in connection with the services performed under the Contract Documents. ______________________________________________________________ Signature and Title of Bidder PROJECT MANUAL DIVISIONS 00 - 09 YORK COUNTY GOVERNMENT ROCK HILL LIBRARY RESTROOM RENOVATIONS 138 EAST BLACK STREET, ROCK HILL, SC 29730 CPL PROJECT NO.: 15909.00 DOCUMENT DATE: FEBRUARY 24, 2021 ISSUED FOR BID & CONSTRUCTION CPL YORK COUNTY GOVERNMENT 6302 FAIRVIEW RD SUITE 102 CHARLOTTE, NC 28210 PROCUREMENT DEPARTMENT PO BOX 180 6 SOUTH CONGRESS STREET (800) 274-9000 - PH YORK, SC 29745 (864) 220.9933 – FAX (803) 684-8520 - PH WWW.CPLTEAM.COM WWW.YORKCOUNTYGOV.COM/217/PURCHASING 10 YORK COUNTY GOVERNMENT ROCK HILL LIBRARY RESTROOM RENOVATIONS 15909.00 00 01 10 - 1 CPL SECTION 00 01 10 TABLE OF CONTENTS DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS 00 00 00 Cover 00 01 10 Table of Contents 00 21 13 Instructions to Bidders 00 52 00 Agreement 00 61 13.13 Performance and Indemnity Bond 00 61 16 Contractor’s General Warranty 00 72 00 General Conditions DIVISION 01 - GENERAL REQUIREMENTS 01 10 00 Summary 01 21 00 Allowances 01 22 00 Unit Prices 01 26 00 Contract Modification Procedures 01 27 00 Project Management and Coordination 01 29 00 Payment Procedures 01 31 00 Construction Schedules 01 31 20 Project Meetings 01 33 00 Submittal Procedures 01 39 00 Electronic Deliverable Release 01 40 00 Quality Requirements 01 42 00 References 01 50 00 Temporary Facilities and Controls 01 60 00 Product Requirements 01 63 00 Substitutions 01 73 00 Execution 01 73 90 Cutting and Patching 01 78 00 Closeout Procedures 01 78 10 Project Record Documents 01 78 20 Operation and Maintenance Data 01 79 00 Demonstration and Training DIVISION 02 – EXISTING CONDITIONS 02 41 00 Selective Demolition DIVISION 03 – CONCRETE 03 54 00 Cast Underlayment DIVISION 04 – MASONRY (NOT USED) DIVISION 05 – METALS 05 50 00 Metal Fabrications DIVISION 06 – WOOD, PLASTIC, AND COMPOSITES 06 10 00 Rough Carpentry DIVISION 07 - THERMAL AND MOISTURE PROTECTION 07 14 00 Fluid Applied Waterproofing 07 92 00 Joint Sealants YORK COUNTY GOVERNMENT ROCK HILL LIBRARY RESTROOM RENOVATIONS 15909.00 00 01 10 - 2 CPL DIVISION 08 – OPENINGS 08 12 13 Hollow Metal Frames 08 14 16 Flush Wood Doors 08 31 00 Access Doors and Panels 08 71 00 Door Hardware DIVISION 09 – FINISHES 09 05 61 Common Work Results for Flooring Preparation 09 21 16 Gypsum Board Assemblies 09 30 00 Tiling 09 67 00 Fluid-Applied Flooring 09 91 23 Interior Painting 09 93 00 Staining and Transparent Finishing DIVISION 10 – SPECIALTIES 10 21 13.17 Phenolic Toilet Compartments 10 28 00 Toilet, Bath and Laundry Accessories DIVISION 11 – EQUIPMENT (NOT USED) DIVISION 12 – FURNISHINGS (NOT USED) DIVISION 13 – SPECIAL CONSTRUCTION (NOT USED) DIVISION 14 – CONVEYING EQUIPMENT (NOT USED) DIVISION 21 – FIRE SUPPRESSION (NOT USED) DIVISION 22 – PLUMBING (NOT USED) DIVISION 23 – HEATING, VENTILATING, AND AIR CONDITIONING (NOT USED) DIVISION 25 – INTEGRATED AUTOMATION (NOT USED) DIVISION 26 – ELECTRICAL (NOT USED) DIVISION 27 – COMMUNICATIONS (NOT USED) DIVISION 28 – ELECTRONIC SAFETY AND SECURITY (NOT USED) DIVISION 31 – EARTHWORK (NOT USED) DIVISION 32 – EXTERIOR IMPROVEMENTS (NOT USED) DIVISION 33 – UTILITES (NOT USED) DVISION 46 – WATER AND WASTEWATER EQUIPMENT (NOT USED) END OF SECTION 00 01 10 YORK COUNTY GOVERNMENT ROCK HILL LIBRARY RESTROOM RENOVATION 15909.00 00 21 13 - 1 CPL SECTION 00 21 13 INSTRUCTIONS TO BIDDERS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. York County Government’s form “Invitation for Bids”, is hereby incorporated into the Procurement and Contracting Requirements by reference. This document contains the Invitation for Bids and Instructions to Bidders. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION 00 21 13 YORK COUNTY GOVERNMENT ROCK HILL LIBRARY RESTROOM RENOVATIONS 15909.00 00 52 00 - 1 CPL SECTION 00 52 00 AGREEMENT THIS AGREEMENT, made and entered into this day of , 20 A.D., by and between the York County Government, party of the first part (hereinafter sometimes called the "OWNER"), and , party of the second part (hereinafter sometimes called the "CONTRACTOR"). WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 1. SCOPE OF THE WORK 1.1. The CONTRACTOR shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation and perform all of the Work shown on the Drawings and described in the Specifications entitled: Rock Hill Library Restroom Renovations as prepared by CPL acting as, and in the Contract Documents entitled the ARCHITECT, and shall do everything required by this Contract and the other Contract Documents. 2. THE CONTRACT SUM 2.1. The OWNER shall pay to the CONTRACTOR for the faithful performance of the Contract, in lawful money of the United States, and subject to addition and deductions as provided in the Contract Documents, a total sum as follows: Based upon the prices shown in the Bid heretofore submitted to the OWNER by the CONTRACTOR, a copy of said Proposal being a part of these Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid, or the combination of both) being the sum of Spell out amount ($ ). 3. COMMENCEMENT AND COMPLETION OF WORK 3.1. The CONTRACTOR shall commence Work and the Contract Time will commence to run on the date fixed in the Notice to Proceed. 3.2. The CONTRACTOR shall prosecute the Work with faithfulness and diligence and shall be completed and ready for final payment within 150 Calendar days after commencement date fixed in the Notice to Proceed. 4. CONTRACTOR’S ACCEPTANCE OF CONDITIONS 4.1. The CONTRACTOR hereby agrees that, by virtue of submitting a completed Bid including his declarations therein of full satisfaction, knowledge and understanding of the Contract Documents, site conditions (surface and subsurface) and all other conditions affecting the Work, he assumes YORK COUNTY GOVERNMENT ROCK HILL LIBRARY RESTROOM RENOVATIONS 15909.00 00 52 00 - 2 CPL full responsibility for performance of the Work as required under this Contract. It is expressly agreed that under no circumstances, conditions or situations shall this Contract be more strongly construed against the OWNER than against the CONTRACTOR and his Surety. 4.2. It is understood and agreed that the passing, approval and/or acceptance of any part of the Work or material by the OWNER, ARCHITECT, or by any agent or representative, as being in compliance with the terms of this Contract and/or of the Contract Documents, shall not operate as a waiver by the OWNER of strict compliance with the terms of this Contract, and/or the Contract Documents covering said Work; and the OWNER may require the CONTRACTOR and/or his surety to repair, replace, restore and/or make to comply strictly and in all things with this Contract and the Contract Documents any and all of said Work and/or materials which within a period of two years from and after the date of the acceptance of any such Work or material, are found to be defective or to fail in any way to comply with this Contract or with the Contract Documents. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered. Failure on the part of the CONTRACTOR and/or his Surety, immediately after notice to either, to repair or replace any such defective materials and workmanship shall entitle the OWNER, if it sees fit, to replace or repair the same and recover the reasonable cost of such replacement and/or repair from the CONTRACTOR and/or his surety, who shall in any event be jointly and severally liable to the OWNER for all damage, loss and expense caused to the OWNER by reason of the CONTRACTOR's breach of this Contract and/or his failure to comply strictly and in all things with this Contract. 5. PARTIAL AND FINAL PAYMENTS 5.1. In accordance with the provisions fully set forth in the General Conditions, and subject to additions and deductions as provided, the OWNER shall pay the CONTRACTOR as follows: 5.1.1. Within 30 days after receipt by the OWNER of the CONTRACTOR's request for partial payment, the OWNER shall make partial payments to the CONTRACTOR, on the basis of the estimate of Work as approved by the ARCHITECT, for work performed during the preceding calendar month, less ten percent (10%) of the amount of such estimate which is to be retained by the OWNER until all Work has been performed strictly in accordance with this Agreement and until such Work has been accepted by the OWNER. 5.1.2. Upon submission by the CONTRACTOR of evidence satisfactory to the OWNER that all payrolls, material bills and other costs incurred by the CONTRACTOR in connection with the construction of the Work have been paid in full, including all retainage to subcontractors on the project, and also after all guarantees that may be required in the specifications have been furnished and are found acceptable by the OWNER, final payment on account of this Agreement shall be made within sixty (60) days after completion by the CONTRACTOR of all Work covered by this Agreement and acceptance of such Work by the OWNER. 5.1.3. Retainage will be released in full at Final Completion. 6. ADDITIONAL BOND 6.1. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Performance and Payment Bonds hereto attached for its faithful performance, the OWNER shall deem the surety or sureties upon such bonds to be unsatisfactory, or if, for any reason, such bond(s) ceases to be adequate to cover the performance of the Work, the CONTRACTOR shall, at his expense, and within three days after YORK COUNTY GOVERNMENT ROCK HILL LIBRARY RESTROOM RENOVATIONS 15909.00 00 52 00 - 3 CPL the receipt of notice from the OWNER to do so, furnish an additional bond or bonds, in such form and amount, and with such sureties as shall be satisfactory to the OWNER. In such event, no further payment to the CONTRACTOR shall be deemed due under this Agreement until such new or additional security for the faithful performance of the Work shall be furnished in manner and form satisfactory to the OWNER. 7. CONTRACT DOCUMENTS 7.1. The Contract Documents, as stated in the Instructions to Bidders, including this Project Manual and General Conditions, and the accompanying Contract Drawings, shall form the Contract and are as fully a part of this Contract as if herein repeated. THIS SPACE INTENTIONALLY LEFT BLANK. YORK COUNTY GOVERNMENT ROCK HILL LIBRARY RESTROOM RENOVATIONS 15909.00 00 52 00 - 4 CPL IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first above written in three (3) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original Contract.* Owner Contractor By: By: [Corporate Seal] [Corporate Seal] Attest: Attest: Address for giving notices: Address for giving notices: License No. Agent for service of process: (*) In the event that the CONTRACTOR is a Corporation, a certificate of resolution of the Board of Directors of the Corporation, authorizing the officer who signs the Contract to do so in its behalf shall be completed and submitted with this form. END OF SECTION 00 52 00 YORK COUNTY GOVERNMENT ROCK HILL LIBRARY RESTROOM RENOVATIONS 15909.00 00 61 13.13 - 1 CPL SECTION 00 61 13.13 PERFORMANCE AND INDEMNITY BOND STATE OF SOUTH CAROLINA COUNTY OF YORK KNOW ALL MEN BY THESE PRESENTS that as Principal, hereinafter called Contractor, and as Surety, hereinafter called Surety, are held and firmly bound unto the York County Government, as Obligee, hereinafter called owner, in the amount of Dollars ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated , 20___, entered into a Contract with Owner for: Rock Hill Library Restroom Renovations in accordance with Drawings and Specifications prepared by CPL, ARCHITECT, which Contract is by reference made a part hereof and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall in all respects promptly and faithfully perform and comply with the terms and conditions of said Contract and his obligations thereunder and shall indemnify the OWNER and the ARCHITECT and save either or all of them harmless against and from all costs, expenses and damages arising from the performance of said Contract or the repair of any work thereunder, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, in accordance with the following terms and conditions: A. The Principal and Surety jointly and severally agree to pay the OWNER any difference between the sum to which the said Principal would be entitled on the completion of the Contract, and that sum which the OWNER may be obliged to pay for the completion of said work by Contract or otherwise, and any damages, direct or indirect or consequential, which the said OWNER may sustain on account of such work, or on account of the failure of said CONTRACTOR to properly and in all things, keep and execute all of the provisions of said Contract. B. And this Bond shall remain in full force and effect for a period of one (1) year from the date of final payment of the project by the OWNER and shall provide that the CONTRACTOR guarantees to repair or replace for said period of one (1) year all work performed and materials and equipment furnished that were not performed or furnished according to the terms of the Contract, and shall make good, defects thereof which have become apparent before the expiration of said period of two (1) year. If any part of the project, in the judgment of the OWNER, for the reasons above stated needs to be replaced, repaired or made good during that time, the OWNER shall so notify the CONTRACTOR in writing. If the CONTRACTOR refuses or neglects to do such work within five (5) days from the date of YORK COUNTY GOVERNMENT ROCK HILL LIBRARY RESTROOM RENOVATIONS 15909.00 00 61 13.13 - 2 CPL service of such Notice, the OWNER shall have the work done by others and the cost thereof shall be paid by the CONTRACTOR or his Surety. C. And the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive Notice of any change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. D. The surety represents and warrants to the OWNER that they have a minimum Best's Key Rating Guide General Policyholder's Rating of "A –“ and Financial Category of "Class VIII". This space intentionally left blank. YORK COUNTY GOVERNMENT ROCK HILL LIBRARY RESTROOM RENOVATIONS 15909.00 00 61 13.13 - 3 CPL IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals, this ____ day of 20___, A.D., the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses required). (If Corporation, Secretary only will attest and affix seal). PRINCIPAL: Signature of Authorized Officer (Affix Seal) WITNESSES: Title Business Address City State SURETY: WITNESS: Corporate Surety Attorney-in-Fact (Affix Seal) Business Address City State Name of Local Insurance Agency YORK COUNTY GOVERNMENT ROCK HILL LIBRARY RESTROOM RENOVATIONS 15909.00 00 61 13.13 - 4 CPL CERTIFICATES AS TO CORPORATE PRINCIPAL I, , certify that I am the Secretary of the Corporation named as Principal in the within bond; that who signed the said bond on behalf of the Principal, was then of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary Corporate Seal STATE OF SOUTH CAROLINA COUNTY OF YORK Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared to me well known, who being by me first duly sworn upon oath, says that he is the Attorney-in-Fact, for the and that he has been authorized by to execute the foregoing bond on behalf of the Contractor named therein in favor of the . Subscribed and sworn to before me this day of , 20___, A.D. (Attach Power of Attorney) Notary Public State of South Carolina-at-Large My Commission Expires: END OF SECTION 00 61 13.13 YORK COUNTY GOVERNMENT ROCK HILL LIBRARY RESTROOM RENOVATIONS 15909.00 00 61 16 - 1 CPL SECTION 00 61 16 CONTRACTOR’S GENERAL WARRANTY The undersigned Contractor hereby warrants, in accordance with the applicable provisions and terms set forth in the Contract Documents, all materials and workmanship incorporated in the Rock Hill Library Restroom Renovations against any and all defects due to faulty materials or workmanship or negligence for a period of 12 months, or such longer periods as set forth in the Contract Documents, from the effective date of this warranty, which shall be the Date of Substantial Completion. This Warranty shall be binding where defects occur due to normal usage conditions and does not cover willful or malicious damage, damages caused by acts of God or other casualty beyond the control of the Contractor. This Warranty shall be in addition to other warranties and guarantees set forth in the Contract Documents, and shall not act to constitute a waiver of additional protection of the Owner afforded, where applicable, by consumer protection and product liability provisions of law, and these stipulations shall not constitute waiver of any additional rights or remedies available to the Owner under the law. Signed: ________________________________________________ Name: ________________________________________________ Title: ________________________________________________ Date: ________________________________________________ (Corporate Seal) Subscribed and sworn before me this ______ day of ______________, 20___. ___________________________________ (Notary Public) END OF SECTION 00 61 16 YORK COUNTY GOVERNMENT ROCK HILL LIBRARY RESTROOM RENOVATIONS 15909.00 00 72 00 - 1 CPL SECTION 00 72 00 GENERAL CONDITIONS 1. DEFINITIONS 1.1. Whenever used in any of the Contract Documents, the following meanings shall be given to the terms herein defined: 1.1.1. Addendum or Addenda - Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.1.2. Agreement - The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.1.3. Application for Payment - The form accepted by ARCHITECT which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.1.4. Bid - The offer or proposal of the bidder on the prescribed Bid Form setting forth the prices for the Work to be performed. 1.1.5. Bidder - One who submits a Bid directly to OWNER, as distinct from sub-bidder, who submits a Bid to a Bidder. 1.1.6. Bidding Documents - The Invitation for Bids, Information to Bidders, the Bid Form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.1.7. Bonds - Performance and Indemnity and Payment Bonds and other instruments of security. 1.1.8. Change Order - A document recommended by ARCHITECT, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.1.9. Contract Documents - Executed Agreement, Addenda (if any), Invitation for Bids, Information to Bidders, Signed Copy of Bid, Bid Guarantee, Statement of Bidder’s Qualifications, Performance and Indemnity Bond, Payment Bond, Certification of Insurance, General Conditions, Supplemental Conditions (if any), Special Conditions (if any), Technical Specifications, and Drawings. 1.1.10. Contract Price - The moneys payable by OWNER for completion of the Work in accordance with the Contract Documents. 1.1.11. Contract Times - The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the work so that it is ready for final payment as evidenced by ARCHITECT’s written records. 1.1.12. CONTRACTOR - The person, firm, or corporation entering into Contract with the OWNER to construct and install the improvements embraced in this Contract. 1.1.13. Defective - An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, in that it does not conform to the Contract Documents, or does not meet YORK COUNTY GOVERNMENT ROCK HILL LIBRARY RESTROOM RENOVATIONS 15909.00 00 72 00 - 2 CPL the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or had been damaged prior to ARCHITECT’s recommendation or final payment. 1.1.14. Drawings - The construction drawings which graphically show the scope, extent, and character of the Work to be furnished and performed by the CONTRACTOR and which have been prepared or approved by ARCHITECT and are referred to in the Contract Documents. 1.1.15. ARCHITECT – The person, firm or corporation serving the OWNER with Architecture services, his successors, or any other person or persons, employed by said OWNER for the purpose of directing or having charge of the work embraced in this Contract. 1.1.16. Laws and Regulations; Laws or Regulations – Any and all applicable laws, rules, regulations, ordinances codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1.1.17. Liens - Liens, charges, security interests or encumbrances upon project funds, real property or personal property. 1.1.18. Local Government – York County, South Carolina, within which the Project Areas are situated. 1.1.19. Milestone - A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.1.20. Notice of Award - The written notice by OWNER to the apparent successful Bidder stating that upon compliance by the apparent successful Bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the agreement. 1.1.21. Notice to Proceed - A written notice given by OWNER to CONTRACTOR (with a copy to ARCHITECT) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform, CONTRACTOR’s obligations under the Contract Documents. 1.1.22. OWNER - The York County Government, which is authorized to undertake this Contract. 1.1.23. Partial Utilization - Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.1.24. Project - The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.1.25. Project Area - The area within which are the specified limits of the improvements to be constructed in whole or in part under this Contract. 1.1.26. Project Manual – The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 1.1.27. Resident Project Representative – The authorized representative of ARCHITECT who may be assigned to the Site or any part thereof. 1.1.28. Samples - Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. YORK COUNTY GOVERNMENT ROCK HILL LIBRARY RESTROOM RENOVATIONS 15909.00 00 72 00 - 3 CPL 1.1.29. Site – Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by OWNER which are designated for the use of the CONTRACTOR. 1.1.30. Shop Drawings - All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.1.31. Special Conditions - The part of the Contract Documents that amends or supplements the Technical Specifications. 1.1.32. Subcontractor - An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.1.33. Substantial Completion - The Work (or specified part thereof) has progressed to the point where, in the opinion of ARCHITECT as evidenced by ARCHITECT’s definitive certification of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ARCHITECT’s written recommendation of final payment. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof. 1.1.34. Successful Bidder - The lowest, qualified, responsible and responsive Bidder to whom OWNER (on the basis of OWNER’s evaluation as hereinafter provided) makes an award. 1.1.35. Supplier – A manufacturer, fabricator, supplier, distributor, material man or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 1.1.36. Supplemental Conditions - The part of the Contract Documents that amends or supplements these General Conditions. 1.1.37. Technical Specifications - The part of the Contract Documents that describes, outlines, and stipulates: the quality of materials, equipment and systems to be furnished; the quality of workmanship required; and the methods to be used in carrying out the construction work to be performed under this Contract. 1.1.38. Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems, or water. 1.1.39. Unit Price Work - Work to be paid for on the basis of unit prices. 1.1.40. Work - The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing and incorporating materials and equipment into the construction, and furnishing, installing and incorporating all materials and equipment into such construction, all as required by the Contract Documents.. 1.2 Other technical terms not specifically defined within the Contract Documents shall have the meanings given in AIA Document “Glossary of Construction Industry Terms,” current edition. Technical terms not YORK COUNTY GOVERNMENT ROCK HILL LIBRARY RESTROOM RENOVATIONS 15909.00 00 72 00 - 4 CPL defined as above and used to describe items of the Work, and which so applied have a well-known technical or trade meaning, shall be deemed to have such recognized meaning. 2. CONTRACTOR'S OBLIGATIONS 2.1. All work shall be done in strict accordance with the Contract Documents. Observations, construction reviews, tests, recommendations or approvals by the ARCHITECT or persons other than the CONTRACTOR, shall in no way relieve the CONTRACTOR of his obligations to complete all work in accordance with the Contract Documents. All work shall be done under the direct supervision of the CONTRACTOR. The CONTRACTOR shall be responsible for construction means, methods, techniques, and procedures, and for providing a safe place for the performance of the work by the CONTRACTOR, Subcontractors, suppliers, and their employees and for access, use, work, or occupancy by all authorized persons. 3. LANDS BY CONTRACTOR 3.1. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any encumbrances or restrictions not of general application, but specifically related to the use of the Site with which the CONTRACTOR must comply in performing work. 3.2. Any land and access thereto not specifically shown to be furnished by the OWNER that may be required for temporary construction facilities or for storage of materials and equipment shall be provided by the CONTRACTOR with no liability to the OWNER. The CONTRACTOR shall confine his apparatus and storage to such additional areas as he may provide at his expense. 3.3. The CONTRACTOR shall not enter upon private property for any purpose without obtaining permission, and he shall be responsible for the preservation of all public property, trees, monuments, structures and improvements, along and adjacent to the street and/or right-of-way, and shall use every precaution necessary to prevent damage or injury thereto. He shall use suitable precautions to prevent damage to pipes, conduits, and other underground structures, and shall protect carefully from disturbance or damage all monuments and property marks until an authorized agent has witnessed or otherwise referenced their location and shall not remove them until directed. 4. SURVEYS BY CONTRACTOR 4.1. Based upon the Construction Documents and any additional information provided by the OWNER, the CONTRACTOR shall develop and make all detailed surveys necessary for construction, including working points, lines and elevations. 5. PUBLIC UTILITIES 5.1. The elevation and location of all public utilities shown on the Drawings were taken from existing public records. It shall be the duty of the CONTRACTOR to make final and exact determination of the location and extent of all utilities and he will be liable for any expense resulting from damage to them. 6. SUPERINTENDENT 6.1. A qualified superintendent, who is acceptable to the OWNER, shall be maintained on the Work and shall give efficient supervision to the Work until its completion. The superintendent shall have full authority to act in behalf of the CONTRACTOR, and all instruction given to the superintendent shall be considered as given to the CONTRACTOR. It shall be the responsibility of this CONTRACTOR's superintendent to coordinate the Work of all the Subcontractors. The superintendent shall be present on the site at all times required to perform adequate supervision and coordination. YORK COUNTY GOVERNMENT ROCK HILL LIBRARY RESTROOM RENOVATIONS 15909.00 00 72 00 - 5 CPL 7. SUBCONTRACTORS 7.1. At the time set forth in the Contract Documents or when requested by the OWNER, the CONTRACTOR shall submit in writing for review of the OWNER the names of the Subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the approval of the OWNER. The CONTRACTOR is responsible to the OWNER for the acts and deficiencies of his Subcontractors, and of their direct and indirect employees, to the same extent as he is responsible for the acts and deficiencies of his employees. The Contract Documents shall not be construed as creating any contractual relation between any Subcontractor and the OWNER. The CONTRACTOR shall bind every Subcontractor by the terms of the Contract Documents. 8. ASSIGNMENTS 8.1. The CONTRACTOR shall not assign the whole or any part of this Contract or any moneys due or to become due hereunder without written consent of the OWNER. In case the CONTRACTOR assigns all or any part of any moneys due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any moneys due or to become due to the CONTRACTOR shall be subject to prior claims of all persons, firms, and corporations for services rendered or materials supplied for the performance of the work called for in this Contract. 9. MUTUAL RESPONSIBILITY OF CONTRACTORS 9.1. If through acts of neglect on the part of the CONTRACTOR, any other CONTRACTOR or any Subcontractor shall suffer loss or damage on the work, the CONTRACTOR agrees to settle with such other CONTRACTOR or Subcontractor by agreement or arbitration if such other CONTRACTOR or Subcontractor will so settle. If such other CONTRACTOR or Subcontractor shall assert any claim against the OWNER on account of any damage alleged to have been sustained, the OWNER shall notify the CONTRACTOR, who shall indemnify and save harmless the OWNER against any such claim. 10. ORAL AGREEMENTS 10.1. No oral order, objection, claim or notice by any party to the others shall affect or modify any of the terms or obligations contained in any of the Contract Documents, and none of the provisions of the Contract Documents shall be held to be waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification. 11. MATERIALS, SERVICE AND FACILITIES 11.1. It is understood that except as otherwise specifically stated in the Contract Documents, the CONTRACTOR shall provide and pay for all materials, labor, tools, equipment, water, gas, light, power, transportation, superintendence, taxes, insurance, temporary construction of every nature, and all other services and facilities of every nature whatsoever necessary to execute, complete, and deliver the work within the specified time. 11.2. Any work necessary to be performed after regular working hours, on Sundays or Legal Holidays, shall be performed without additional expense to the OWNER. 12. MATERIALS AND EQUIPMENT YORK COUNTY GOVERNMENT ROCK HILL LIBRARY RESTROOM RENOVATIONS 15909.00 00 72 00 - 6 CPL The materials and equipment installed in the work shall meet the requirements of the Contract Documents and no materials or equipment shall be ordered until reviewed by the ARCHITECT. The CONTRACTOR shall furnish all materials and equipment not otherwise specifically indicated or provided by the OWNER. The CONTRACTOR shall guarantee all materials and equipment he provides in accordance with Section 16 of these GENERAL CONDITIONS. 12.1. Substitutions: In order to establish standards of Quality, the ARCHITECT has, in the detailed Specifications, referred to certain products by name and catalog number without consideration of possible substitute or “or equal” items. This procedure is not to be construed as eliminating from competition other products of equal or better quality by other manufacturers where fully suitable in design. 12.1.1. Whenever it is indicated in the Drawings or specified in the specifications that a substitute or “or- equal” item of material or equipment may be furnished or used by the CONTRACTOR, the party requesting the substitution shall make written application as described in the Project Manual no later than the date and time specified in the Invitation for Bids. The CONTRACTOR shall furnish the complete list of proposed desired substitutions, together with such engineering and catalog data as the ARCHITECT may require. All proposals for substitutions shall be submitted in writing by the General Contractor and not by individual trades or material suppliers. The ARCHITECT will review proposed substitutions and make his recommendations in writing within the time specified in the Project Manual. 12.1.2. The CONTRACTOR shall abide by the ARCHITECT's recommendation when proposed substitute materials or items of equipment are not recommended for installation and shall furnish the specified material or item of equipment in such case. 12.2. Space Requirements: It shall be the responsibility of the CONTRACTOR to ensure that materials and equipment to be furnished fit the space available. He shall make necessary field measurements to ascertain space requirements, including those for connections, and shall order such sizes and shapes of equipment that the final installation shall suit the true intent and meaning of the Contract Documents. 12.3. Arrangement: Where equipment requiring different arrangement of connections from those shown is approved, it shall be the responsibility of the CONTRACTOR to install the equipment to operate properly, and in harmony with the intent of the work required by such arrangement. 12.4. Unacceptable Materials and Equipment: Materials and equipment which do not conform to the requirements of the Contract Documents, or are not equal to samples reviewed by the ARCHITECT, or are in any way unsatisfactory or unsuited to the purpose for which they are intended, shall not be furnished nor installed. 12.5. Storage: Materials and equipment shall be so stored as to ensure the preservation of their quality and fitness for the work. When considered necessary, they shall be placed on wooden platforms or other hard, clean surfaces, and not on the ground and/or they shall be placed under cover. Stored materials and equipment shall be located so as to facilitate prompt inspection. Private property shall not be used for storage purposes without the written permission of the property owner or leasee. Materials, equipment, construction machinery, fuel, and oils shall not be stored or parked within the drip-line of any trees in or adjacent to the project site or additional off-site easements and right-of-ways. 12.6. Manufacturer's Directions: Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned as directed by the manufacturer. 13. INSPECTION AND TESTING OF MATERIALS 13.1. Unless otherwise specifically provided for in the specifications, the inspection and testing of material and finished articles to be incorporated in the work at the site shall be made by bureaus, YORK COUNTY GOVERNMENT ROCK HILL LIBRARY RESTROOM RENOVATIONS 15909.00 00 72 00 - 7 CPL laboratories, or agencies approved by the OWNER. The cost of such inspection and testing shall be paid by the CONTRACTOR. The CONTRACTOR shall furnish evidence satisfactory to the OWNER that the material and finished articles have passed the required tests prior to the incorporation of such materials and finished articles in the work. The CONTRACTOR shall promptly segregate and remove rejected material and finished articles from the site of the work. 14. SAMPLES 14.1. All samples called for in the Specifications or required by the ARCHITECT shall be furnished by the CONTRACTOR and shall be submitted to the ARCHITECT for his review. Samples shall be furnished so as not to delay fabrication, allowing the ARCHITECT reasonable time for the consideration of the samples submitted. 14.1.1. Samples for Tests: CONTRACTOR shall furnish such samples of material as may be required for examination and test. All samples of materials for tests shall be taken according to standard methods or as provided in the Contract Documents. 14.1.2. CONTRACTOR's Guaranty: All samples shall be submitted by the CONTRACTOR with a covering letter indicating that such samples are recommended by the CONTRACTOR for the service intended and that the CONTRACTOR's Guaranty will fully apply. 14.1.3. All materials, equipment and workmanship shall be in accordance with samples guaranteed by the CONTRACTOR and reviewed by the ARCHITECT. 15. SHOP DRAWINGS 15.1. The CONTRACTOR shall provide shop drawings, setting schedules and such other drawings as may be necessary for the prosecution of the work in the shop and in the field as required by the Drawings, Specifications or the ARCHITECT's instructions. Deviations from the Drawings and Specifications shall be called to the attention of the ARCHITECT at the time of the first submission of shop drawings and other drawings for consideration. The ARCHITECT's review of any drawings shall not release the CONTRACTOR from responsibility for such deviations. Shop drawings shall be submitted according to a schedule prepared jointly by the CONTRACTOR and the ARCHITECT. 15.1.1. CONTRACTOR's Certification: When submitted for the ARCHITECT's review, shop drawings shall bear the CONTRACTOR's certification that he has reviewed, checked and approved the shop drawings, that they are in harmony with the requirements of the Project and with the provisions of the Contract Documents, and that he has verified all field measurements and construction criteria, materials, catalog numbers and similar data. CONTRACTOR shall also certify that the work represented by the shop drawings is recommended by the CONTRACTOR and the CONTRACTOR's Guaranty will fully apply. 16. GUARANTY 16.1. The CONTRACTOR shall guarantee all materials and equipment furnished and work performed for a period of one year from the date of Substantial Completion. 16.1.1. The Performance and Indemnity Bond shall remain in full force and effect during the guaranty period. 16.1.2. Correction of faulty work after final payment shall be as provided in Paragraph 41. 16.1.3 Refer to Section 00 6116 “Contractor’s General Warranty” for warranty form. YORK COUNTY GOVERNMENT ROCK HILL LIBRARY RESTROOM RENOVATIONS 15909.00 00 72 00 - 8 CPL 17. INSURANCE 17.1. 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 the limit, form, and amount. The CONTRACTOR will not permit any Subcontractor to commence work on this project until such Subcontractor has complied with the same insurance requirements. Types: The types of insurance the CONTRACTOR is required to obtain and maintain for the full period of the Contract will be: Workmen's Compensation Insurance, Automobile and Comprehensive General Liability Insurance as detailed in the following portions of this specification. 17.1.2. Evidence: As evidence of specified insurance coverage, the OWNER may, in lieu of actual policies, accept certificates issued by the insurance carrier showing such policies in force for the specified period. Each policy or certificate will bear an endorsement or statement waiving right of cancellation or reduction in coverage within ten days' notice in writing to be 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. 17.1.3. Adequacy of Performance: 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. 17.1.4. Payment of Damages: 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. 18. WORKMEN'S COMPENSATION INSURANCE 18.1. Before the Agreement between the OWNER and the CONTRACTOR is entered into, the CONTRACTOR shall submit written evidence that he and all Subcontractors have obtained, for the period of the Contract, full Workman's Compensation Insurance coverage for all persons whom they employ or may employ in carrying out the work under this Contract. This insurance shall be in strict accordance with the requirements and statutory limits of the most current and applicable South Carolina Workman's Compensation Insurance Laws. 19. COMPREHENSIVE GENERAL LIABILITY AND AUTOMOBILE INSURANCE 19.1. Before commencement of the work, the CONTRACTOR shall submit written evidence that he and all his Subcontractors have obtained for the period of the Contract, full Comprehensive General Liability Insurance and automobile coverage. This coverage shall provide for both bodily injury and property damage. 19.1.1. Comprehensive General Liability Insurance shall include coverage for bodily injury, sickness or disease, death, or property damage arising directly or indirectly out of or in connection with the performance of work under this Contract, and shall provide for a combined single limit of not less than one million ($1,000,000) dollars for all damages arising out of