CONSTRUCTION DOCUMENTS

AND

TECHNICAL SPECIFICATIONS

FOR

SOUTH COVE

SEPTIC MAINTENANCE

PREPARED FOR:

OCONEE COUNTY

J – 33559.0000

ITB 25-08

FEBRUARY 24, 2026

thomasandhutton.com

BID SET - NOT FOR CONSTRUCTION

33559.0000

TABLE OF CONTENTS

PAGE NUMBERS

CONTRACT DOCUMENTS

00021 Invitation to Bid 00021–1 – 00021–1

00110 Instructions to Bidders 00110–1 – 00110–8

00313 Bid Form 00313–1 – 00313–6

00506 Standard Form of Agreement Between Owner and Contractor 00506–1 – 00506–8

00631 Notice of Award 00631–1 – 00631–3

00641 Notice to Proceed 00641–1 – 00641–2

00700 General Conditions 00700–1 – 00700–62

00710 Special Conditions 00710–1 – 00710–6

00815 Supplementary Conditions 00815–1 – 00815–4

01011 Summary of Work 01011–1 – 01011–3

01300 Submittals 01300–1 – 01300–14

01400 Quality Control 01400–1 – 01400–4

01702 Contract Closeout 01702–1 – 01702–5

01740 Warranties 01740–1 – 01740–2

TECHNICAL PROVISIONS

02110 Site Clearing 02110–1 – 02110–4

02111 Site Preparation 02111–1 – 02111–2

02204 Earthwork 02204–1 – 02204–7

02210 Soil Erosion Control 02210–1 – 02210–6

02570 Traffic Control 02570–1 – 02570–3

02731 Wastewater Collection System 02731–1 – 02731–25

02902 Grassing 02902–1 – 02902–6

APPENDIX

Oconee County Local Preference Ordinance

Affidavit Regarding Local Contractor/Vendor Preference Eligibility for Oconee County

00021–1

DOCUMENT 00021

INVITATION TO BID

ITB 25-08 South Cove Septic Maintenance

Legal Notice

1. Sealed bids for South Cove Septic Maintenance owned by Oconee County will be received by

Oconee County at the online Oconee County Bonfire portal located at

<https://oconeesc.bonfirehub.com/portal/?tab=openOpportunities> until 2:00 PM on March 24, 2026, at which time they will be publicly opened. Bidders are invited to attend Bid Opening in person at Oconee County offices at 415 South Pine Street, Walhalla, SC 29691, or virtually via

Zoom using the following information: https://us02web.zoom.us/j/84477753658

Meeting ID: 844 7775 3658

Passcode: 273032

Call in: 877 853 5257 US Toll-free

888 475 4499 US Toll-free

2. The project consists of the following generally described work: Removal and disposal of existing septic tank; installation of two (2) new 1,500-gallon septic tanks; installation of approximately

1,000 feet of Infiltrator drain field; and associated erosion control and restoration efforts.

3. Plans and Specifications are open to inspection at the online Oconee County Bonfire portal located at <https://oconeesc.bonfirehub.com/portal/?tab=openOpportunities>.

4. Questions and interpretations must be submitted in writing via the Q&A section within the

Oconee County Bonfire portal. The deadline for questions is March 12, 2026, at 5:00pm EST.

5. Owner reserves the right to reject any or all Bids, including without limitation, the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if Owner believes it would not be in the best interest of the Project to make an award to Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner.

6. A non-mandatory Pre–Bid Conference will be held on March 10, 2026, at 2:00 P.M. in the South

Cove Park office at 1099 South Cove Road, Seneca, SC 29672. All prospective bidders are encouraged to attend.

7. Installer of any or all components of the Onsite Wastewater System must hold a valid DES septic tank installers license and be an Infiltrator certified installer.

8. Local Preference: See accompanying Ordinance 2025-27 for provisions related to the preferred status of local vendors and subcontractors. To be considered for Local Preference, bidders must submit the Affidavit Regarding Local Contractor/Vendor Preference Eligibility for Oconee County with their bid submission.

9. To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days after Bid opening upon Owner’s request detailed written evidence such as financial data, previous experience, present commitments, and other such data as may be necessary to assist Owner in determining Contractor’s qualifications.

END OF INVITATION TO BID

00110-1

DOCUMENT 00110

INSTRUCTIONS TO BIDDERS

INTENTION: It is intended the Instructions to Bidders, General Conditions, Supplementary

Conditions, Technical Specifications and Construction Drawings shall cover the complete work to which they relate.

ARTICLE 1 DEFINED TERMS: In addition to the terms defined in the General Conditions, (EJCDC C-700)(2007), additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof.

1.1. Bidder - One who submits a Bid directly to Owner as distinct from a sub-bidder, who submits a bid to a Bidder.

1.2. Successful Bidder - The lowest, responsible, and responsive Bidder to whom Owner (based on Owner's evaluation as hereinafter provided) makes an award.

1.3. Bid - A complete and properly signed offer to execute work for the prices stipulated in Bid Form and submitted in accordance with the Bidding

Documents.

1.4. Addenda - Graphic or written documents issued by Engineer prior to the opening of Bids issued to clarify, revise, add to, or delete information in the original bidding documents or in previous addenda.

ARTICLE 2 BID FORM: All Bids must be made upon the Bid Forms hereto annexed, and shall state the amount bid for each item shown, and all bids must be for materials and work called for in the specifications. Deposits for plans and specifications are not refundable.

2.1 The Bid Form is included with the Bidding Documents; if needed, additional copies may be obtained from Engineer.

2.2 All blanks on the Bid Form must be completed by printing in black ink or by typewriter.

2.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

2.4 All names must be typed or printed in black ink below the signature.

2.5 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form.)

00110-2

2.6 The address and telephone number for communications regarding the Bid must be shown.

ARTICLE 3 QUALIFICATIONS OF BIDDERS:

3.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days after Bid opening upon Owner’s request detailed written evidence such as financial data, previous experience, present commitments, and other such data as may be necessary to assist Owner in determining Contractor’s qualifications.

3.2 Each Bid must contain evidence of Contractor’s authority to conduct business in the state where the Work is to be performed. State Contractor license number, if applicable, must also be shown on the Bid Form.

3.3 Installer of any and all components of the Onsite Wastewater System must hold a valid DHEC septic tank installers license and be an Infiltrator certified installer.

ARTICLE 4 COPIES OF BIDDING DOCUMENTS:

4.1 Complete sets of Bidding Documents must be used in preparing Bids;

neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding

Documents.

4.2 Owner and Engineer in making copies of Bidding Documents available for a non-refundable deposit do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use.

ARTICLE 5 EXAMINATION OF BIDDING DOCUMENTS, OTHER DATA, AND SITE:

5.1 It is the responsibility of each Bidder before submitting a bid:

5.1.1 To examine and study thoroughly the Bidding Documents and other related data identified in the Bidding Documents;

5.1.2 To visit the work site to ascertain by inspection pertinent local conditions such as location, character and accessibility of the site including existing surface and subsurface conditions in the work area; availability of facilities, location and character of existing work within or adjacent thereto, labor conditions, etc.

5.1.3 To become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, or performance of the Work;

5.1.4 To obtain and carefully study (or assume responsibility for doing so) all addition or supplementary examination investigations, explorations, tests, studies, and data concerning conditions

(surface, subsurface, an Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance or the

00110-3

Work or which relate any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including any specific means, methods, techniques, sequences, and procedures of construction expressly required of the bidding documents, and safety precautions and programs incident thereto;

5.1.5 To study and carefully correlate Bidder's knowledge and observations with the Bidding Documents and such other related data; and

5.1.6 To promptly notify Engineer of all conflicts, errors, ambiguities or discrepancies which Bidder has discovered in or between the

Bidding Documents and such other related documents;

5.1.7 to agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies or data are necessary for the determination of its Bid for performance of the

Work at the price bid and within the times and in accordance with the other terms and conditions of the Bidding Documents;

5.1.8 To become aware of the general nature of the work to be performed by OWNER and others at the Site that relates to the

Work as indicated in the Bidding Documents;

5.1.9 To determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

5.2 The submission of a Bid will constitute an incontrovertible representation by

Bidder that Bidder has complied with every requirement of this Article 5, that without exception, the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the

Bidding Documents, that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 6 PRE-BID CONFERENCE: A non-mandatory pre-Bid conference will be held on

March 10, 2026, at 2:00 p.m. in the South Cove Park office at 1099 South Cove

Road, Seneca, SC 29672. Representatives of OWNER and ENGINEER will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. ENGINEER will transmit to all prospective Bidders of record such Addenda as ENGINEER considers necessary in response to questions arising at the conference. Addenda will also be posted in the Oconee County Bonfire portal.

00110-4

ARTICLE 7 INTERPRETATIONS AND ADDENDA:

7.1 All questions about the meaning or intent of the Bidding Documents are to be submitted via “Messages – Public Q&A” section within the Oconee

County Bonfire portal. The person submitting the request shall do so in writing and be responsible for its prompt delivery. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda to all parties as having received the

Bidding Documents. Questions must be received by the advertised deadline. If the issuance of any addenda could cause additional questions, the deadline for questions may be extended within the

Oconee County Bonfire portal. Only questions answered by formal written

Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer.

ARTICLE 8 CONTRACT COMPLETION TIME: The number of days within which, or by which the

Work is to be (a) Substantially Completed and (b) also completed and ready for final payment are set forth in the Agreement. Provisions for liquidated damages, if any, are set forth in the Agreement.

ARTICLE 9 SUBSTITUTE AND “OR-EQUAL” ITEMS:

10.1 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, or those substitute or

“or-equal” materials and equipment approved by ENGINEER and identified by Addendum. The materials and equipment described in the

Bidding Documents establish a standard of required type, function and quality to be met by any proposed substitute or “or equal” item. No item of material or equipment will be considered by ENGINEER as a substitute or “or equal” unless written request for approval has been submitted by

Bidder and has been received by ENGINEER at least 15 days prior to the date for receipt of Bids. Each such request shall conform to requirements of paragraph 6.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. ENGINEER’s decision of approval or disapproval of a proposed item will be final. If ENGINEER approves any proposed item, such approval will be set forth in an

Addendum issued to all prospective Bidders via the Oconee County

Bonfire portal. Bidders shall not rely upon approvals made in any other manner.

ARTICLE 10 SUBCONTRACTORS, SUPPLIERS, AND OTHERS:

11.1 Each bid must be accompanied by a list of Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity. If OWNER or ENGINEER, after due investigation, has reasonable objection to any proposed Subcontractor, 00110-5

Supplier, individual, or entity, OWNER or ENGINEER may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid.

11.2 If apparent Successful Bidder declines to make any such substitution, OWNER may award the Contact to the next lowest Bidder proposing to use acceptable Subcontractors, Suppliers, individuals, or entities.

Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which OWNER or ENGINEER makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in paragraph 6.06 of the General Conditions.

11.3 CONTRACTOR shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom CONTRACTOR has reasonable objection.

ARTICLE 11 SUBMITTAL OF BIDS: Bids shall be submitted at the time and place indicated in the

Invitation to Bid and accompanied by any other required documents. Bids will

ONLY be accepted electronically via the Oconee County Procurement E-Bidding

Bonfire Portal which can be accessed using the following link. If the link does not direct you to the site please copy and paste in your browser.

https://oconeesc.bonfirehub.com/portal/?tab=openOpportunities

Each Bidder is responsible for seeing their Bid is received by the Owner not later than the advertised time set for the opening of Bids.

ARTICLE 12 MODIFICATION AND WITHDRAWAL OF BIDS:

13.1 Bids may be modified or withdrawn within the Oconee County

Procurement E-Bidding Bonfire Portal by the time advertised for bids to be accepted. It is the vendor’s sole responsibility to ensure that these documents are submitted by the time indicated in the bid document.

13.2 If, within twenty-four hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner there was a material and substantial mistake in the preparation of its Bid, Bidder may withdraw its

Bid and the Bid security will be returned. Thereafter, Bidder will be disqualified from further bidding on the Work to be provided.

ARTICLE 13 OPENING OF BIDS: Bids will be opened and (unless obviously non-responsive) read aloud publicly both virtually and in person. Bidders are invited to attend Bid

Opening in person at Oconee County offices at 415 South Pine Street, Walhalla, SC 29691, or virtually via Zoom using the following information:

https://us02web.zoom.us/j/84477753658. Meeting ID: 844 7775 3658, Passcode ID:

273032. Call in: 877 853 5257 US Toll-free, 888 475 4499 US Toll-free. An abstract of the amount of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids.

00110-6

ARTICLE 14 ACCEPTANCE OF BIDS: Bids may not be withdrawn (except as noted in Article 13) after the time set for the opening of Bids. Bids will remain subject to acceptance for 60 days after the day of the Bid opening, but the Owner may, in its sole discretion, release any Bid and return the Bid security prior to expiration of the acceptance period.

ARTICLE 15 AWARD OF CONTRACT:

16.1 Owner reserves the right to reject any or all Bids, including without limitation, the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if

Owner believes it would not be in the best interest of the Project to make an award to a Bidder, whether because the Bid is not responsive, or the

Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Owner.

16.2 Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the

Successful Bidder. Discrepancies between the multiplication of units of

Work and unit prices will be resolved in favor of the unit prices.

Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

Discrepancies between words and figures will be resolved in favor of the words.

16.3 In evaluating Bids, Owner will consider the qualification of Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the

Bid Form or prior to the Notice of Award.

The Owner will also consider whether the Bidder involved:

a) Maintains a permanent place of business;

b) Has adequate plant and equipment to do the work properly and expeditiously;

c) Has suitable financial status to meet obligations incidental to the work;

d) Has appropriate technical experience.

16.4. Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the

Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

16.5. Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the

00110-7

Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time.

16.6. If the contract is to be awarded, it will be awarded to the Bidder whose evaluation by Owner indicates the award will be in the best interest of the

Project.

16.7. If the contract is to be awarded, Owner will post a Notice of Award within

60 days after the day of the Bid opening via the Oconee County

Procurement Bonfire Portal and on the Oconee County website at https://oconeesc.com/procurement-home.

ARTICLE 16 MODIFICATIONS OF QUANTITIES: If the lowest bona fide Bid exceeds the money available for the Work, the Owner reserves the right to delete enough of the Work to bring the cost within the available funds. The Owner also reserves the right to delete whichever items or portions of items considered to be in the best interest of the Owner.

ARTICLE 17 SIGNING THE AGREEMENT: When the Owner gives a Notice of Award to the

Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within 15 days thereafter, Contractor shall sign and deliver the required counterparts of the Agreement and attached documents to Owner.

Within 10 days thereafter, Owner shall deliver one fully signed counterpart to

Contractor.

ARTICLE 18 LAWS AND REGULATIONS: The Contractor shall comply with local, District, County, State, and Federal laws applicable to the work.

The Contractor shall comply with the Department of Labor Safety and Health

Regulations for Construction promulgated under the Occupational Safety and

Health Act of 1970 as amended through January 1, 2004 (PL 91-596) and under

Section 107 of the Contract Work and Safety Standards Act (PL) 91-54). The regulations are administered by the Department of Labor and the Contractor shall allow access to the project to personnel from this Department.

ARTICLE 19 CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE: Contractor shall not commence work under this contract until obtaining all the insurance required by the Supplementary Conditions.

ARTICLE 20 TERMINATION OF CONTRACT: If the Owner is made to stop construction of the work because of an order from a Court or State Department, the contract shall be terminated. Payment will be made for work completed and a proration of the work underway, materials stored, and for the overhead and profit of the completed work and work underway. Payment will not be made for anticipated profit and overhead on work not completed or underway.

00313 - 1

J-33559.0000

DOCUMENT 00313

BID FORM

PROJECT IDENTIFICATION:

South Cove Septic Maintenance

CONTRACT IDENTIFICATION AND NUMBER:

T&H Project No. 33559.0000

ITB 25-08

THIS BID IS SUBMITTED TO:

Oconee County

1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the day of Bid opening, or for such longer period of time BIDDER may agree to in writing upon request of OWNER.

3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:

a. BIDDER has examined and carefully studied the Plans and Specifications for the work and contractual documents relative thereto, and has read all Technical

Provisions, Supplementary Conditions, and General Conditions, furnished prior to the opening of Bids and can fulfill the requirements of the work to be performed.

b. BIDDER further acknowledges hereby receipt of the following Addenda:

ADDENDUM NO. DATE

c. BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions possibly affecting cost, progress, performance and furnishing of the Work;

00313 - 2

d. BIDDER is familiar with and is satisfied as to all federal, state, and local Laws and

Regulations possibly affecting cost, progress, performance and furnishing of the

Work.

e. BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structure at or contiguous to the site

(except underground Facilities) have been identified in the Supplementary

Conditions. BIDDER acknowledges such reports and drawings are not Contract

Documents and may not be complete for BIDDER’s purposes. BIDDER acknowledges OWNER and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the

Bidding Documents with respect to Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions

(surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or furnishing of the work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider any additional examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance and furnishing of the

Work in accordance with the times, price and other terms and conditions of the

Bidding Documents.

f. BIDDER is aware of the general nature of Work to be performed by Owner and others at the site relating to Work for which this Bid is submitted as indicated in the

Bidding Documents.

g. BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the

Bidding Documents and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents.

h. BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies BIDDER has discovered in the Bidding Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted.

i. This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER.

00313 - 3

4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s):

BASE BID – LUMP SUM

LUMP SUM AMOUNT FOR ALL WORK REFERENCED IN SPECIFICATIONS AND DRAWINGS.

INCLUDES SEEDING ALL DISTURBED AREAS AND ASSUMPTION THAT COUNTY WILL HAVE

DRAINFIELD AREA CLEARED AND GRUBBED PRIOR TO CONTRACTOR COMMENCING

WORK.

LUMP SUM BASE BID PRICE:

(Use words)

(Figures)

5. BIDDER agrees the Work will be substantially complete within 45 calendar days, and fully complete and ready for final payment within 75 calendar days, after the date when the

Contract Times commence to run in accordance with paragraph 14.07 of the General

Conditions.

6. BIDDER accepts provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within times specified in the Agreement.

7. The following documents are attached to and made a condition of this Bid:

a. A tabulation of Subcontractors, Suppliers and other persons and organizations required to be identified in this Bid.

b. Local Preference: See accompanying Ordinance 2025-27 for provisions related to the preferred status of local vendors and subcontractors. To be considered for Local

Preference, bidders must submit the Affidavit Regarding Local Contractor/Vendor

Preference Eligibility for Oconee County with their bid submission.

8. The undersigned further agrees in case of failure on his/her part to execute the said contract and the Bond within 15 consecutive calendar days after written notice being given of the award of the contract, the check or bid bond accompanying this bid, and the monies payable thereon shall be paid into the funds of the Owner as liquidated damages for such failure, otherwise, the check or bid bond accompanying this proposal shall be returned to the undersigned.

9. Communications concerning this Bid shall be addressed to:

Oconee County Thomas and Hutton

415 South Pine Street 220 N Main Street, Ste 402

Walhalla, SC 29691 Greenville, SC 29601

Attn: Tronda Popham Attn: Lee Brackett, PE tpopham@oconeesc.com brackett.l@tandh.com

10. Terms used in this Bid which are defined in the General Conditions or Instructions will have the meanings indicated in the General Conditions of Instructions.

00313 - 4

SUBMITTED on , 20___.

CONTRACTOR'S NAME

ADDRESS:

BY:

State Utility Contractor License No. SC

00506–1

DOCUMENT 00506

STANDARD FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR

ITB 25-08

THIS AGREEMENT is dated as of the day of in the year 20 by and between Oconee County (hereinafter called OWNER) and

(hereinafter called CONTRACTOR).

OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 WORK

CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The

Work is generally described as follows:

Removal and disposal of existing septic tank; installation of two (2) new 1,500-gallon septic tanks;

installation of approximately 1,000 feet of Infiltrator drain field; and associated erosion control and restoration efforts.

ARTICLE 2 ENGINEER

The Project has been designed by Thomas & Hutton Engineering Co. who is hereinafter called

ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

ARTICLE 3 CONTRACT TIMES

All time limits for Substantial Completion and completion and readiness for final payment as stated in the Contract Documents are of essence to the Contract.

3.1 The Work will be substantially completed within 45 days after the date when the

Contract Times commence to run as provided in paragraph 2.03 of the General

Conditions and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 75 days after the date when the

Contract Times commence to run. Included in the contract times are 10 days for rain delay. Time delays due to rain in excess of the above days shall be reported by the Contractor to the Engineer in writing, within 30 days of each event.

3.2 Liquidated Damages. OWNER and CONTRACTOR recognize time is of the essence for this Agreement and OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree to liquidated damages for delay (but not as a penalty) the CONTRACTOR shall pay

OWNER five hundred dollars ($500.00) for each day expiring after the time

00506–2 specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR, shall pay five hundred dollars ($500.00) for each day expiring after the time specified in paragraph 3.1 for completion and readiness for final payment.

ARTICLE 4 CONTRACT PRICE

4.1 LUMP SUM WORK

OWNER shall pay CONTRACTOR for completion of the Work in accordance with the

Contract Documents a Lump Sum in the amount of:

$ (dollars), ($ )

(use words) (figures)

ARTICLE 5 PAYMENT PROCEDURES

CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General

Conditions. Applications for Payment will be processed by ENGINEER as provided in the General

Conditions.

5.1 Progress Payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 25th day of each month during performance of the Work as provided in paragraphs 5.1.1., 5.1.1.2. and 5.2. below.

All such payments will be measured by the schedule of values established in paragraph 2.07 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) as provided in the General

Requirements.

5.1.1 For Cost of Work: Progress payments on account of the Cost of the Work will be made:

5.1.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.02 of the General

Conditions.

90% of the Work completed (with the balance being retainage). If

Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to

OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case the remaining

00506–3 progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed.

90% of Cost of the Work (with the balance being retainage) applicable to materials and equipment not incorporated in the

Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph

14.02.A.1 of the General Conditions).

5.1.1.2 Upon Substantial Completion, in an amount sufficient to increase the total payments to CONTRACTOR to 95% of the Cost of the

Work, (with the balance being retainage), less such amounts as

ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions.

5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07.

ARTICLE 6 INTEREST

All moneys not paid within thirty (30) days of the due date as provided in Article 14 of the General

Conditions, shall bear interest at the rate of 6 percent annually or the minimum required by law at the place of the Project, whichever is greater.

ARTICLE 7 CONTRACTOR'S REPRESENTATIONS

In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:

7.1 CONTRACTOR has examined and carefully studied the Contract Documents

(including the Addenda indicated in Article 8 hereinafter) and the other related data identified in the Bidding Documents.

7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions possibly affecting cost, progress, performance or furnishing of the Work.

7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations possibly affecting cost, progress, performance and furnishing of the Work.

7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the

Supplementary Conditions as provided in the General Conditions. CONTRACTOR acknowledges such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges

OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract

00506–4

Documents with respect to Underground Facilities at or contiguous to the site.

CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract

Times and in accordance with the other terms and conditions of the Contract

Documents.

7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site relating to the Work as indicated in the Contract

Documents.

7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.

7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the

Work.

ARTICLE 8 CONTRACT DOCUMENTS

The Contract Documents which comprise the entire agreement between OWNER and

CONTRACTOR concerning the Work consist of the following:

8.1 Invitation to Bid (Pages 00021–1 to 00021–2, inclusive)

8.2 Instructions to Bidders (pages 00110–1 to 00110–8, inclusive)

8.3 Bid Form (pages 00313–1 to 00313–6, inclusive)

8.4 Standard Form of Agreement Between Owner and Contractor (pages 00506–1 to

00506–8, inclusive)

8.5 Notice of Award (pages 00631–1 to 00631–3, inclusive)

8.6 Notice to Proceed (pages 00641–1 to 00641–2, inclusive)

8.7 General Conditions (pages 1 to 62, inclusive)

8.8 Special Conditions (pages 00710-1 to 00710-1, inclusive)

8.9 Supplementary Conditions (pages 00815–1 to 00815–4, inclusive)

00506–5

8.10 Summary of Work (pages 01011–1 to 01011–3, inclusive)

8.11 Submittals (pages 01300–1 to 01300–14, inclusive)

8.12 Quality Control (pages 01400–1 to 01400–4, inclusive)

8.13 Contract Closeout (pages 01702–1 to 01702–5, inclusive)

8.14 Warranties (pages 01740–1 to 01740–2, inclusive)

8.15 Technical Specifications as listed in the Table of Contents.

8.16 Drawings consisting of sheets C0 through C2.4 with each sheet bearing the following general title:

Sheet Description Job No.

P.E. Signature

Date

C0 COVER SHEET 33559.0000

G0.0 GENERAL NOTES AND INDEX 33559.0000

C1.0 SITE PLAN 33559.0000

C1.1 DETAILS 33559.0000

8.17 Addenda numbers to , inclusive.

Exhibits to this Agreement:

a. CONTRACTOR's Bid (page through page inclusive) marked

“Exhibit ______.”

b. Documentation submitted by CONTRACTOR prior to Notice of Award

(pages to , inclusive).

c. Any modification, including Change Orders, duly delivered after execution of Agreement.

There are no Contract Documents other than those listed above in this Article 8. The Contract

Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions.

00506–6

ARTICLE 9 MISCELLANEOUS

9.1 Terms used in this Agreement which are defined in Article 1 of the General

Conditions will have the meanings indicated in the General Conditions.

9.2 No assignment by a party hereto of any rights under or interests in the Contract

Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys becoming due and moneys due, may not be assigned without such consent

(except to the extent the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents.

9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision coming as close as possible to expressing the intention of the stricken provision.

00506–7

ARTICLE 10 OTHER PROVISIONS

IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in three counterparts. One counterpart each has been delivered to OWNER, CONTRACTOR, and

ENGINEER. All portions of the Contract Documents have been signed, initialed or identified by

Owner and Contractor or identified by ENGINEER on their behalf.

This Agreement will be effective on , 20 (which is the Effective Date of the Agreement).

OWNER CONTRACTOR

BY (typed) BY (typed)

BY BY

ATTEST ATTEST

Address for giving notices Address for giving notices

License No.

Agent for service of process:

CORPORATE SEAL CORPORATE SEAL

00631–1

SECTION 00631

NOTICE OF AWARD

ITB 25-08

Dated

TO:

(Bidder)

ADDRESS:

JOB NO.: 33559.0000

PROJECT: ITB 25-08 South Cove Septic Maintenance

CONTRACT

FOR: Removal and disposal of existing septic tank; installation of two (2) new 1,500-gallon septic tanks; installation of approximately 1,000 feet of Infiltrator drain field; and associated erosion control and restoration efforts.

You are notified your Bid dated , 20 , for the above Contract has been considered. You are the apparent successful bidder and have been awarded a contract for:

(Indicate total Work, alternates or sections of Work awarded)

The Contract Price of your contract is

Dollars ($ ).

00631–2

3 copies of each of the proposed Contract Documents (except drawings) accompany this Notice of Award.

3 sets of the Drawings will be delivered separately or otherwise made available to you immediately.

You must comply with the following conditions precedent within 15 days of this Notice of

Award, which is by , 20 .

1. You must deliver to the OWNER 3 fully executed counterparts of the

Agreement including all the Contract Documents. Each of the Contract

Documents must bear your signature on the page (pages .)

2. (List other conditions precedent)

Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid in default, to annul this Notice of Award and to declare your Bid Security forfeited.

00631–3

Within ten days after you comply with the above conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached.

OWNER

By:

(Title)

ACCEPTANCE OF AWARD

(Contractor)

(Authorized Signature)

(Date)

00641–1

Section 00641

NOTICE TO PROCEED

ITB 25-08

Dated:

TO:

(Bidder)

ADDRESS:

JOB NO.: J– 33559.0000

PROJECT: South Cove Septic Maintenance

CONTRACT

FOR: Removal and disposal of existing septic tank; installation of two (2) new 1,500-gallon septic tanks; installation of approximately 1,000 feet of Infiltrator drain field;

and associated erosion control and restoration efforts.

You are notified the Contract Times under the above contract will commence to run on

___________, 20___. By such date, you are to start performing your obligations under the

Contract Documents. In accordance with Article 3 of the Agreement the dates of Substantial

Completion and completion and readiness for final payment are _______________, 20__ and

______________, 20__, respectively.

Before you may start any Work at the site, paragraph 2.01 of the General Conditions provides you and OWNER must each deliver to the other (with copies to ENGINEER and other identified additional insureds) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents.

00641–2

Before you may start any Work at the site, you must have submitted the following: Certificate of

Insurance, Performance Bond, and Payment Bond.

OWNER

ACCEPTANCE OF NOTICE TO PROCEED

(Contractor)

(Authorized Signature)

(Date)

EJCDC C-700 Standard General Conditions of the Construction Contract

Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated

Project and the controlling Laws and Regulations.

STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

Prepared by

ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE

and

Issued and Published Jointly by

AMERICAN COUNCIL OF ENGINEERING COMPANIES

ASSOCIATED GENERAL CONTRACTORS OF AMERICA

AMERICAN SOCIETY OF CIVIL ENGINEERS

PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE

A Practice Division of the

NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS

Endorsed by

CONSTRUCTION SPECIFICATIONS INSTITUTE

These General Conditions have been prepared for use with the Suggested Forms of Agreement Between

Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the

Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions

(EJCDC C-800, 2007 Edition).

Copyright © 2007 National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882 www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347-7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723 www.asce.org

Associated General Contractors of America

2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308

(703) 548-3118 www.agc.org

The copyright for this EJCDC document is owned jointly by the four

EJCDC sponsoring organizations and held in trust for their benefit by NSPE.

BID SET - NOT FOR CONSTRUCTION

http://www.nspe.org/ http://www.acec.org/ http://www.asce.org/ http://www.agc.org/

Page i

STANDARD GENERAL CONDITIONS OF THE

CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1 – Definitions and Terminology

1.01 Defined Terms

1.02 Terminology

Article 2 – Preliminary Matters

2.01 Delivery of Bonds and Evidence of Insurance

2.02 Copies of Documents

2.03 Commencement of Contract Times; Notice to Proceed

2.04 Starting the Work

2.05 Before Starting Construction

2.06 Preconstruction Conference; Designation of Authorized Representatives

2.07 Initial Acceptance of Schedules

Article 3 – Contract Documents: Intent, Amending, Reuse

3.01 Intent

3.02 Reference Standards

3.03 Reporting and Resolving Discrepancies

3.04 Amending and Supplementing Contract Documents

3.05 Reuse of Documents

3.06 Electronic Data

Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental

Conditions; Reference Points

4.01 Availability of Lands

4.02 Subsurface and Physical Conditions

4.03 Differing Subsurface or Physical Conditions

4.04 Underground Facilities

4.05 Reference Points

4.06 Hazardous Environmental Condition at Site

Article 5 – Bonds and Insurance

5.01 Performance, Payment, and Other Bonds

5.02 Licensed Sureties and Insurers

5.03 Certificates of Insurance

5.04 Contractor’s Insurance

5.05 Owner’s Liability Insurance

5.06 Property Insurance

5.07 Waiver of Rights

5.08 Receipt and Application of Insurance Proceeds

Page ii

5.09 Acceptance of Bonds and Insurance; Option to Replace

5.10 Partial Utilization, Acknowledgment of Property Insurer

Article 6 – Contractor’s Responsibilities

6.01 Supervision and Superintendence

6.02 Labor; Working Hours

6.03 Services, Materials, and Equipment

6.04 Progress Schedule

6.05 Substitutes and “Or-Equals”

6.06 Concerning Subcontractors, Suppliers, and Others

6.07 Patent Fees and Royalties

6.08 Permits

6.09 Laws and Regulations

6.10 Taxes

6.11 Use of Site and Other Areas

6.12 Record Documents

6.13 Safety and Protection

6.14 Safety Representative

6.15 Hazard Communication Programs

6.16 Emergencies

6.17 Shop Drawings and Samples

6.18 Continuing the Work

6.19 Contractor’s General Warranty and Guarantee

6.20 Indemnification

6.21 Delegation of Professional Design Services

Article 7 – Other Work…