PD Terry Park Pickleball Courts and Tennis Courts

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

SOLICITATION OFFER AND AWARD FORM
CITY OF FOUNTAIN INN, SOUTH CAROLINA
REQUEST FOR BIDS, OFFER, AND AWARD
********************************************Solicitation Information****************************************
1. SOLICITATION: #2026-005 4. Brief Description of Project:
2. ISSUE DATE: October 1, 2026 PD Terry Park Pickleball and Tennis Courts
3. FOR INFORMATION CONTACT: Russ Slatton
russell.slatton@fountaininn.org
5. SUBMIT BID TO: A Pre-Bid Meeting will be held on October 9, 2026 at 10:00
City of Fountain Inn SC A.M. on site at PD Terry Park, Fountain Inn, SC 29644
200 North Main Street
Fountain Inn, SC 29644
Attn: Bid #2022-005
6. Submission Deadline: Thursday, October 22, 2026 Time:2:00 P.M.
7. Submit Sealed Bid
8. Firm Offer Period:
Bids submitted shall remain firm for a period of sixty (60) calendar days from date specified in block 6.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>Offer (To be completed by Bidder)<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<
1. BUSINESS Woman Business Enterprise
CLASSIFICATION (Check Appropriate Box) M i n o r i t y B u s i n e s s E n t e rprise
Disadvantaged Business Enterprise
10. Additional Information: In compliance with above, the undersigned agrees, if this bid is accepted within the period specified
in Block 8 above, to furnish any or all other further information requested by the City of Fountain Inn.
11. Bidder's name and address (Type or print): 12. Name & Title of Person Authorized to sign the Bid
(Type or Print):
13. Bidder's Signature & Date:
E-mail address: _____________________________________
Telephone # : _________________ Fax #: ______________
Federal Identification #:
Award (To be completed by the City of Fountain Inn
14. Total Amount of Award: 15. Successful Bidder:
16. Contracting Officer or Authorized 17. Signature: 18. Award date:
Representative: Shawn Bell

CONTENTS OF BID PACKAGE
SECTION I Bid/Proposal Schedule
SECTION II Information and Conditions for Bidders
Exhibit A Non-Collusion Affidavit Form
SECTION III Information Required of Party Making the Bid
SECTION IV Bid Form
SECTION V Contractor's Agreement
Exhibit A Scope of Work/Specifications
Exhibit B General Conditions
ADDENDA
Addendum B Change Order Form
Addendum C PD Terry Park Construction Documents

SECTION I
BID/PROPOSAL SCHEDULE
PROJECT NO.: 2026-005 PURCHASE ORDER NO.:
FILE NO.: PROJECT MANAGER: Russ Slatton
AD FOR (BIDS) (PROPOSALS): October 1, 2026
PRE-BID CONFERENCE: _______October 9, 2026 on site @ 10:00 A.M.
DEADLINE FOR RECEIVING (BIDS): October 22, 2026 @ 2:00 P.M.
OPENING BIDS: October 22, 2026 @ 2:00 P.M.
TENTATIVE START DATE: January 5, 2027
COMPLETION DATE: April 30, 2027
LIQUIDATED DAMAGES: $250.00/day
(CONTRACTOR COST/DAY FOR LATE COMPLETION
See enclosed documents for details.)

SECTION II
INFORMATION AND CONDITIONS FOR BIDDERS
WARNING:
READ THIS DOCUMENT CAREFULLY. DO NOT ASSUME THAT IT IS THE SAME AS OTHER
SIMILAR DOCUMENTS YOU MAY HAVE SEEN, EVEN IF RECEIVED FROM THE CITY OF
FOUNTAIN INN.
1. Preparation of Bid Forms. The City of Fountain Inn, a body politic and corporate and a
political subdivision of the State of South Carolina, (hereinafter referred to as "City") invites bids
on the forms included in this bid package (the "Bid Package") to be submitted at the time and place
stated in the Notice Calling for Bids (the "Notice"). Bids shall be submitted on the prescribed Bid
Forms, which, along with all other documents in the Bid Package, must be completed in full.
Bidders must complete a base bid or alternate bid for each project but not necessarily both. The
award will be based on the lowest total cost of the project. All labor, material, equipment,
overhead, direct, indirect costs and profit are to be included in prices submitted in bids. All bid
items and statements shall be properly and legibly filled out. Numbers shall be stated both in
words and in figures where so indicated, and where there is a conflict in the words and the figures,
the words shall govern. In the case of discrepancies for a line item due to rounding, the unit price
times the estimated quantity shall determine the line item cost. In the case of discrepancies
between the individual bid forms and the summary form the individual forms shall govern. The
signatures of all persons shall be in long hand. Prices, wording and notations must be in ink or
typewritten. Erasures or other changes shall be noted over by signature of the bidder.
2. Form and Delivery of Bids. The bid must conform and be responsive to all requests in the bid
documents and shall be made on the Bid Form provided, and the complete bid, together with all
additional materials required in the Bid Package, shall be enclosed in a sealed envelope, and
addressed and hand delivered or mailed to the Office of the City of Fountain Inn, 200 North Main
Street, Fountain Inn, SC 29644 and must be received on or before the time set forth in the Notice
for the opening of bids. The envelope shall be plainly marked in the upper left-hand corner with
the bidder's name, the project designation and the date and time for the opening of bids. It is the
bidder's sole responsibility to ensure that its bid is received prior to the bid deadline. Any bid
received after the scheduled closing time for receipt of bids shall disposed of unopened. At the
time set forth in the Notice for the opening of bids, the sealed bids will be opened and publicly
read aloud at the place indicated in the Notice.
3. Bid Security. Each bid shall be accompanied by a bid security in the form of cash, a certified
or cashier's check or bid bond in the amount of not less than five percent (5%) of the total bid price
payable to the City and shall be given as a guarantee that the bidder, if awarded the contract, will
execute the Contractor's Agreement, in substantially similar form to the Contractor's Agreement
in Section V of this Bid Package (the "Contractor's Agreement"), within seven (7) days after
mailing of the Notice of Award of Contract, and will furnish prior to the execution of the
Contractor's Agreement, a satisfactory Faithful Performance Bond in an amount not less than One
Hundred percent (100%) of the total bid price and separate Payment (labor and material) Bond in
an amount not less than One Hundred percent (100%) of the total bid price in accordance with
state law and furnish certificates evidencing that the required insurance is in effect in the amounts
set forth in the General Conditions of the Contractor's Agreement (the "General Conditions"). The
Faithful Performance Bond shall remain in full force and effect through the guarantee period as

specified in the General Conditions. In case of refusal or failure to timely execute the Contractor's
Agreement and furnish the required bonds and insurance certificates, the bid security shall be
forfeited to the City.
4. Signature. The Bid Form, all bonds, the Designation of Subcontractors Form, all Information
Required of Bidder, Workers Compensation Certificate, Drug Free Workplace Certification, Non-
Collusion Affidavit, the Contractor's Agreement when executed, and any and all Guarantees must
be signed in the name of the bidder and must bear the signature of the person or persons duly
authorized to sign these documents. If bidder is a corporation, the legal name of the corporation
shall first be set forth, together with two signatures: one from among the chairman of the board,
president or vice president and one from among the secretary, chief financial officer, or treasurer.
Alternatively, the signature of other authorized officers or agents may be affixed, if duly authorized
by the corporation. Such documents shall include the title of such signatories below the signature
and shall bear the corporate seal. In the event that the bidder is a joint venture, partnership or
limited liability company, there shall be submitted with the bid a statement signed by authorized
officers of each of the parties to the joint venture, partnership or limited liability company, naming
the individual who shall be the agent of the joint venture, partnership or limited liability company,
who shall sign all necessary documents for the joint venture, partnership or limited liability
company and, should the joint venture, partnership or limited liability company be the successful
bidder, who shall act in all matters relative to the Contractor's Agreement for the joint venture,
partnership or limited liability company. If bidder is an individual, his or her signature shall be
placed on all such documents.
5. Modifications. Changes in or additions to any of the documents contained in the Bid Package,
alternative proposals, or any other modifications, which are not specifically called for by the City,
may result in the City's rejection of the bid as not being responsive. No oral or telephonic
modifications of any bid will be considered. Prior to the opening of bids, a written modification
signed by bidder postmarked and received by City prior to the opening of bids or a facsimile
modification duly signed by bidder received prior to the opening of bids may be considered by the
City.
6. Erasures, Inconsistent or Illegible Bids. The bid submitted must not contain any erasures,
interlineations, or other corrections unless each such correction creates no inconsistency and is
suitably authenticated by the signature(s) of the person(s) signing the bid. In the event of
inconsistencies between words and figures in the bid, words shall control figures. In the event that
the City determines that any bid is unintelligible, illegible or ambiguous, the City may reject such
bid as not being responsive.
7. Examination of Site and Project Documents. At its own expense and prior to submitting its
bid, each bidder shall examine all documents contained in the Bid Package; visit the sites and
determine the local conditions which may in any way affect the performance of the work,
including, but not limited to, the general prevailing rate of per diem wages and other relevant cost
factors; familiarize itself with all Federal, State and local laws, ordinances, rules, regulations and
codes affecting the performance of the work, including the cost of permits and licenses required
for the work; make such surveys and investigations, including investigation of subsurface or latent
physical conditions at the site or where work is to be performed, as it may deem necessary for
performance of the work at its bid price; determine the character, quality, and quantities of the
work to be performed and the materials and equipment required; and correlate its observations,
investigations, and determinations with all requirements of the work and project contemplated
herein (hereinafter referred to as the "Project"). The City is not making any warranties regarding

any conditions of the sites or information contained in the bid documents. The City shall not be
liable for any loss sustained by the successful bidder resulting from any variance between the
conditions and design data given in the bid documents and the actual conditions revealed or which
should have been revealed during the bidder's pre-bid examination or during the progress of the
work. Bidder agrees that the submission of a bid shall be incontrovertible evidence that the bidder
has fully and adequately inspected and evaluated the Project and has complied with all the
requirements of this paragraph.
8. Withdrawal of Bids. Any bid may be withdrawn by written request, or by email transmission
confirmed in the manner specified above for bid modifications, at any time prior to the scheduled
closing time for receipt of bids. The bid security for bids withdrawn prior to the scheduled closing
time for receipt of bids, in accordance with this paragraph, shall be returned to the withdrawing
bidder. No bid may be withdrawn for a period of ninety (90) calendar days after bids are opened.
9. Agreement and Bonds. The successful bidder (hereinafter referred to as the "Contractor")
will be required to furnish a faithful performance bond in the amount of One Hundred percent
(100%) of the total contract price, and certificates of insurance as required in the Contractor's
Agreement, prior to execution of the Contractor's Agreement. The Contractor's Agreement, which
the Contractor will be required to execute, and the performance bond, which the Contractor will
be required to furnish prior to execution of the Contractor's Agreement, shall contain language
requiring that the Payment (Labor and Material) bond shall be in the amount of not less than One
Hundred percent (100%) of the amount of the total contract price of the successful bid as required
by state law.
10. Interpretation of Bid Documents. If any bidder is in doubt as to the true meaning of any
part of the Bid Package, or finds discrepancies in, or omissions from any drawings and
specifications, a written request for an interpretation or correction thereof may be submitted to the
City. The bidder submitting the written request shall be responsible for its prompt delivery. Any
interpretation or correction of the bid documents will be made only by addendum duly issued by
the City, and a copy of such addendum will be hand delivered or mailed or emailed to each bidder
known to have received a Bid Package. All such addenda shall become part of the Bid Package
and all bidders shall be bound by such addenda, whether or not received by all bidders. No person
is authorized to make any oral modification of any provision in the bid documents, nor shall any
oral modification be binding upon the City. If discrepancies on drawings, or in plans or
specifications, or conflicts between drawings, plans, specifications, terms or conditions exist, the
interpretation of the City shall prevail. Bidder shall become familiar with the plans, specifications,
and drawings, if any. SUBMITTAL OF A BID WITHOUT CLARIFICATIONS SHALL BE
INCONTROVERTIBLE EVIDENCE THAT THE BIDDER HAS DETERMINED THAT THE
PLANS, SPECIFICATIONS AND DRAWINGS ARE SUFFICIENT FOR BIDDING AND
COMPLETING THE WORK; THAT BIDDER IS CAPABLE OF READING, FOLLOWING
AND COMPLETING THE WORK IN ACCORDANCE WITH THE PLANS SPECIFICATIONS
AND DRAWINGS; THAT THE PLANS, SPECIFICATIONS AND DRAWINGS FALL
WITHIN AN ACCEPTABLE STANDARD FOR PLANS, SPECIFICATIONS AND
DRAWINGS; AND THAT BIDDER AGREES THAT THE PROJECT CAN AND WILL BE
COMPLETED ACCORDING TO THE CITY'S TIMELINES AND ACCORDING TO THE
PROGRESS SCHEDULES TO BE SUBMITTED BY THE SUCCESSFUL BIDDER
INCORPORATING THE CITY'S TIMELINES FOR COMPLETION OF THE PROJECT.
11. Bidders Interested in More than One Bid. No person, firm or corporation shall be allowed
to make, or file, or be interested in more than one bid for the same work unless alternate bids are

specifically called for the by City. A person, firm, or corporation that has submitted a sub-proposal
to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from
submitting a proposal or quoting prices to other bidders or submitting a bid on the Project.
12. Award of Contract. The City reserves the unqualified right to reject any or all bids, or to
waive any irregularities or informalities in any bids or in the bidding process. Bidders must
complete a base bid or alternate bid for the Project but not necessarily both. The award will be
based on the lowest total cost of the Project. In the case of discrepancies for a line item due to
rounding, the unit price times the estimated quantity shall determine the line item cost. In the case
of discrepancies between the individual bid forms and the summary form, the individual forms
shall govern. If two identical low bids are received from responsive and responsible bidders, the
City may elect to determine the Contractor by following Section 2-634(i) of the City's Code of
Ordinances. The award of the contract, if made by the City, will be by action of the City
Administrator and/or City Council. In the event an award of the contract is made to the low bidder,
and such bidder fails or refuses to execute the Contractor's Agreement or fails to provide the
required bond documents within seven (7) days after mailing of Notice of the Award of contract
to the successful bidder, the City may award the contract to the next lowest responsive and
responsible bidder or, at City's sole discretion, release all bidders.
13. Alternatives. If alternate bids are called for, the contract may be awarded at the election of
the City to the responsive and responsible bidder on the base bid, or on the base bid and any
alternate and any deductive, or base bid and any combination of alternates and any deductives.
The award will be based on the lowest total cost of the Project.
14. Listing Sub-Contractors. Each bidder shall submit with its bid a list of any proposed
subcontractors it intends to use on this Project. If alternate bids are called for and the bidder intends
to use different or additional subcontractors, a separate list of subcontractors must be submitted
for each such alternate bid.
15. Contractor's License. If, at the time of the bid opening, bidder is not properly licensed to
perform the services required for this Project in accordance with state law, such bid shall be
rejected as non-responsive. No payment shall be made for work or materials under the contract
unless and until the S.C. Department of Labor, Licensing and Regulations verifies to the City that
the bidder was properly licensed at the time the bid was opened and at the time the Contractor's
Agreement was executed. Any bidder not so licensed is subject to penalties under the law and the
Contractor's Agreement, if executed, shall be void. The City will require the selected contractor
and all subcontractors to have a valid Fountain Inn Business License prior to commencement of
any construction.
16. Anti-Discrimination. It is the policy of the City that in connection with all work performed
under City contracts, there shall be no unlawful discrimination against any prospective or active
employee engaged in the work because of race, color, ancestry, national origin, religious creed,
sex, age or marital status, physical disability, mental disability, or medical condition. In addition,
the successful bidder agrees to require like compliance by any authorized subcontractors employed
on the work by such bidder.
17. Hold Harmless. The Contractor, awarded the contract, shall indemnify and hold harmless
the City, its council members, officers, agents, and employees from every claim or demand made,
and every liability, loss, damage, or expense, including but not limited to, attorney's fees, of any
nature whatsoever, which may be incurred by reason of:

(a)(1) Death or bodily injury to person(s); (2) injury to, loss or theft of property; or (3) any other
loss, damage or expense arising under either (1) or (2) above, sustained by the Contractor, its
officers, agents, employees, or subcontractor's and their employees arising out of or in any way
connected with the work called for in this Project, except for liability resulting from the sole active
gross negligence or willful misconduct of the City.
(b)Any injury to or death of any person(s) or damage to, loss or theft of any property, arising out
of, or in any way connected with, the work covered by this Project, whether said injury or damage
occurs either on or off City property, except for liability resulting from the sole active gross
negligence or willful misconduct of the City.
The Contractor, at Contractor's own expense, cost, and risk shall defend, at City's request, any
and all actions, suits, or other proceedings that may be brought or instituted against the City, its
officers, agents or employees, on any such claim or liability, and shall pay or satisfy any judgment
that may be rendered against the City, its council members, officers, agents, or employees in any
action, suit or other proceedings as a result thereof.
18. Presumption of Surety Qualifications. All surety companies with a minimum rating of "A-
VIII," as rated by the current edition of Best's Key Rating Guide, published by A.M. Best
Contractor, Oldwick, New Jersey 08858 and qualified to do business in South Carolina shall be
presumed to be satisfactory to the City for the issuance of insurance and bonds.
19. Liquidated Damages. All work must be completed within the time limits set forth in the
Agreement. It is agreed that damages for the failure to complete the Project within the time limits
required are impossible to ascertain. Should the work not be completed within the specified time
for completion, the Contractor shall be liable for liquidated damages, payable to the City, in the
amounts set forth in the Contractor's Agreement.
20. Non-Collusion Affidavit. In accordance with the provisions of Section 7106 of the Public
Contract Code, each bid must be accompanied by a non-collusion affidavit properly notarized, a
copy of which is attached hereto as Exhibit A.
21. Change Orders. All change order requests must be submitted on the Change Order form, a
copy of which is attached as an addendum to the Contractor's Agreement. Material, labor,
equipment, indirect, consequential and incidental costs, project management costs, extended home
office and field office overhead, administrative costs and profit cannot exceed local rental/contract
rates. Other charges greater than those locally available will not be allowed.
22. Invoicing Provisions. All invoices are to be mailed or emailed to the following address:
City of Fountain Inn, 200 North Main Street, Fountain Inn SC 29644, Attention: Russ Slatton.
1. The Contractor shall provide signed payment request forms to all subcontractors.
2. Each invoice will be date stamped when received by the City. Payments will be processed from
the date received within 30 days.
Incorrect invoices will be returned to Contractor. The 30-day processing period will not begin
until the corrected invoice is received. All invoicing or billing questions should be directed to:
Russ Slatton at rslatton@fountaininn.org23. Public Information and South Carolina Freedom
of Information Act Requests. The City will make available to the public all public records of
bids and contracts after award of the contract. Copies of said public records may be made in City
Hall at the cost of the requesting party. All bids become a matter of public record at the time of

the bid openings. By submitting a response to the Bid Package, bidders specifically assume any
and all risks and liability associated with all information, including any information marked
confidential, in the response and the release of information. The City, under no circumstances,
shall be liable to any bidder or any other party for the legally mandated disclosure of any
information submitted by any party making a Bid whether marked "Trade Secret" or otherwise
marked as confidential. The City reserves the right not to consider bids in which all, or portions,
of the bid is marked "Trade Secret" or otherwise marked as confidential.
24. Equal Opportunity. All persons and business organizations will receive consideration for
an award of a contract without regard to age, gender, race, religion, color, or national origin.
25. Costs for Bid Preparation. Costs incurred in the preparation of the bid and subsequent
demonstrations or any other activities related to the bid will be borne solely by the bidder. The
rejection of any bid in whole or in part will not render the City liable for any cost or damage to
any bidder.
26. Property of the City. All bids will become the property of the City and will not be returned.
Any information disclosed to the City in the bid solicitation and bid process will be considered an
integral part of the bid.
27. City's Right to Accept or Reject Bid. The City reserves the unqualified right to accept or
reject any or all of the bids submitted. The City reserves the right to accept or reject any or all
quotes or parts thereof and to award the contract as is determined to serve the City's best interest.
The City reserves the right to contract with other firms at the City's sole discretion. The City
reserves the sole right to decide whether a bid does or does not comply with the requirements of
the Bid Package, and to accept, reject or negotiate modifications of bids.
28. Small, Women-Owned and Minority-Owned Business Enterprise.
To promote free competition and equal opportunity, the City of Fountain Inn is committed to
assisting small, minority-owned and woman-owned businesses in becoming active vendors with
the City. The City of Fountain Inn encourages and invites small, woman, and/or minority owned
businesses located inside and outside of the City to participate in the City's procurement process.
It is the policy of the City to prohibit discrimination against any person or business in pursuit of
procurement opportunities on the basis of race, color, national origin, ancestry, religion, disability,
political affiliation or gender.