Clarendon CTC 2025 Road Improvement Project - Final.pdf

INVITATION TO BID

2025 ROADWAY IMPROVEMENT PROJECT

Invitation to Bid: 2025-006

Advertisement Date: Wednesday, August 20, 2025

Project Numbers: 24-232.01 Goat Island Road 24-231.02 Barnwell Street

24-232.03 Boyd Road 24-232.04 Timberline Lane

24-232.05 Reed Road

Bids Due: Thursday, September 25, 2025, 1:00 PM

Length: 2.86 Miles

Type: Cement Modified Subbase, HMA Pavement, Resurfacing, and Miscellaneous Related Items on Five (5) Roads in Clarendon County.

Engineer: Infrastructure Consulting & Engineering (ICE)

Contractor:

CLARENDON COUNTY TOC

ITB: 2025-006 TABLE OF CONTENTS

Table of Contents

SECTION I: NOTICE TO CONTRACTORS:

SECTION II: GENERAL CONDITIONS & CONTRACT:

GENERAL CONDITIONS:

FORM OF AGREEMENT:

PERFORMANCE BOND:

PAYMENT BOND:

SECTION III: SPECIAL PROVISIONS:

DEFINITION AND TERMS:

SUBSTANTIAL COMPLETION OF WORK:

STANDARD DRAWINGS:

STANDARD DRAWING ERRATA:

AWARD OF CONTRACT:

PROPOSAL ITEMS AND QUANTITIES:

CONSTRUCTION STAKES, LINES, AND GRADES:

QUALIFIED PRODUCT LISTINGS:

SOUTH CAROLINA MINING ACT:

DBE PARTICIPATION:

CONSTRUCTION QUALITY CONTROL AND ASSURANCE TESTING:

INSURANCE REQUIREMENTS:

RETAINAGE:

PROMPT PAYMENT CLAUSE:

MANUFACTURERS MATERIALS CERTIFICATION AND CERTIFIED TESTS:

REQUIRED MEDIA NOTIFICATION FOR CONSTRUCTION PROJECTS:

REQUIRED COMPLIANCE CONCERNING ILLEGAL ALIENS:

TEMPORARY SUSPENSION OF RESURFACING WORK:

PROSECUTION OF ROAD IMPROVEMENT WORK:

CONTRACT TIME AND EXTENSION OF CONTRACT TIME:

FAILURE TO COMPLETE WORK ON TIME:

COORDINATION OF UTILITY RELOCATION WORK WITH HIGHWAY CONSTRUCTION:

CEMENT MODIFIED RECYCLED BASE:

FUEL ADJUSTMENT INDEXES:

RATE OF APPLICATION:

CORRECTING LOW SHOULDER CONDITIONS:

DRESSING OF SHOULDERS:

BORROW EXCAVATON FOR SHOULDERS:

MAINTENANCE STONE:

WORK TO BE INCLUDED IN THIS PROJECT:

ROADWAY TYPICAL SECTION:

BITUMINOUS SURFACING:

BITUMINOUS SURACING OPERATIONS:

MAINTENANCE OF TRAFFIC:

MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES:

CLARENDON COUNTY TOC

ITB: 2025-006 TABLE OF CONTENTS

Table of Contents Continued

CONSTRUCTION SCHEDULE:

SURPLUS MATERIAL:

SEEDING:

LUMP SUM BID ITEMS:

PERMANENT PIPE CULVERTS:

HMA FULL DEPTH PATCHING:

HOT MIX ASPHALT (LIQUID INCLUDED):

ASPHALT BINDER ADJUSTMENT INDEX:

TESTING:

WORK SCHEDULE:

WARRANTY:

MIXING OF CEMENT ENHANCED BASES:

STOP BARS:

PAVEMENT MARKINGS:

BUTT-JOINTS:

ENCROACHMENT PERMITS :

SECTION IV: SUPPLEMENTAL SPECIFICATIONS:

THE SOUTH CAROLINA MINING ACT:

MAINTENANCE AND MAINTENANCE OF TRAFFIC:

FORCE MAJEURE EVENT:

REMOVAL OF EXISTING ASPHALT PAVEMENT BEFORE PATCHING:

EROSION CONTROL MEASURES:

PROMPT PAYMENT CLAUSE :

TG-31 PLACEMENT OF STOP BARS & SIGNS:

CEMENT MODIFIED RECYCLED BASE:

CORRECTING LOW SHOULDERS:

FAILURE TO COMPLETE WORK ON TIME:

FUEL ADJUSTMENT INDEXES:

PERMANENT PIPE CULVERTS:

CEMENT STABILIZED EARTH BASE:

SECTION V: BID FORMS:

BID FORM:

BID BOND:

SECTION VI: PROJECT INFORMATION:

ESTIMATED QUANTITIES BY ROAD:

PROJECT STANDARDS DRAWINGS:

PROJECT MAPS:

PROJECT TYPICAL SECTION

PERMANENT CONSTRUCTION SIGNS:

PLANS:

CLARENDON COUNTY Page 4

ITB: 2025-006 NOTICE TO CONTRACTORS

SECTION I: NOTICE TO CONTRACTORS

Project Name: Clarendon CTC 2025 Roadway Improvement Project

Invitation to Bid: 2025-006

Project Location: Barnwell Street, Boyd Road, Goat Island Rd, Reed Rd., & Timberline Lane in Clarendon County

Bid Bond/Security: Required at 5% of the bid amount

Performance Bond: Required at 100% of the bid amount

Payment Bond: Required at 100% of the bid amount

DBE Participation: Encouraged at 5% or greater

Description of Project: Cement Modified Subbase, HMA Pavement, Resurfacing, and Miscellaneous Related Items on Five (5) Roads in Clarendon County.

Agency/Owner: Clarendon County, 411 Sunset Drive, Manning, SC 29102

Engineer: Infrastructure Consulting and Engineering, LLC, (ICE) 110 Midlands Court, West Columbia SC 29169, Brandon Payne, Email brandon.payne@ice-eng.com.

Questions: All questions, requests, and correspondence shall be addressed to Clarendon County Procurement Director, Jeff Hyde, jhyde@clarendoncountygov.org. All questions concerning the Bid Documents shall be in writing and submitted by September 15, 2025 before 3PM. All answers and questions posted on the County Website and BidNet Direct.

Plans on File: Clarendon County Procurement Website, BidNet Direct, and at Engineering Office, ICE.

Plans and Bidding Documents: May be obtained from Clarendon County Procurement Website and BidNet Direct

Plan Deposit: Plan copies may be obtained as an electronic copy for no charge from Clarendon County Procurement Website or $150.00 for hard copy from the EOR.

Pre-Bid Conference: There will be no pre-bid conference.

Bid Closing and Opening: September 25, 2025, 1:00 PM, Procurement Office, Voter Registration & Elections Building.

Bid Submittal: Submit Sealed Bids clearly marked “ITB: 2025-006” with the bidder’s name, address, and South Carolina contractor license number on the envelope to: Clarendon County Procurement, Attn: Mr. Jeff Hyde, Procurement Director, Voter Registration & Elections Building, 3 South Church Street, Manning, SC 29102

Substantial Completion: Project will be completed prior to June 30, 2026.

CLARENDON COUNTY Page 5

ITB: 2025-006 NOTICE TO CONTRACTORS

IF YOU DOWNLOAD THIS DOCUMENT,

PLEASE EMAIL

Jeff Hyde at jhyde@clarendoncountygov.org

Art Singley at art.singley@ice-eng.com

SO YOU CAN RECEIVE ANY

ADDENDA OR OTHER MODIFICATIONS

THAT MAY BE ISSUED AT A LATER DATE

All addenda will be posted on the County Website and BidNet Direct

CLARENDON COUNTY Page 6

ITB: 2025-006 GENERAL CONDITIONS & CONTRACT

SECTION II: GENERAL CONDITIONS AND CONTRACT

CLARENDON COUNTY Page 7

GENERAL CONDITIONS

1. BID INSTRUCTIONS AND SUBMITTAL:

a. Bids shall be publicly opened at the time and place as indicated in the Notice to Contractors.

b. Sealed bids shall be enclosed and secured in an envelope bearing the markings as described under Bid Submittals in the Notice to Contractors. Bids shall be addressed to the Clarendon County Procurement Office, Attention: Mr. Jeff Hyde, Procurement Director, Voter Registration & Elections Building, 3 South Church Street, Manning, SC 29102

c. Bids shall be submitted no later than September 25, 2025, 1:00 PM, if mailed or hand delivered in the places and manners as described in paragraph b above and on the date indicated by the Notice to Contractors. Bids received after these times are considered late bids. Late bids shall not be considered, unless the delay was caused by improper handling by the County’s employees.

d. The County shall not accept responsibility for unidentified bids.

e. In the event that a bid is unintentionally opened prior to the official time set for the bid opening, the employee opening such bid shall immediately inform the Procurement Director or his/her assistant who shall, in the presence of another of equal rank or above, immediately contact the vendor submitting the bid.

f. The vendor so contacted will be informed as to the circumstances and shall be invited to come to the office of Procurement to reseal and submit or withdraw the bid, if the vendor elects to reseal and submit the bid, such vendor shall be required to sign, date and indicate the time of resealing on the bid envelope. If the vendor directs the Procurement Office to reseal the bid, both the employee making the contact to the vendor and the owner witness present shall sign, date and indicate the time of sealing on the bid envelope.

g. In the event that the Procurement Office is directed by the vendor to return the bid, a statement properly witnessed stating the action taken and when shall be duly filed.

h. All prices and quotations shall be entered in ink or typewritten and shall remain firm for no less than sixty (60) days from the date of the bid. Mistakes may be crossed out and corrections inserted adjacent there to and shall be initialed in ink by the person signing the bid. The bidder shall insert the net price per stated unit and the extension against each item which he/she proposed to deliver. The price shall include in the grand total column all delivery charges, installation and applicable taxes when necessary.

i. Bids Will Not Be Considered unless the bidder is legally qualified under the provisions of the South Carolina Contractor's Licensing Law (South Carolina Code of Laws as amended).

j. Bids Will Not Be Considered unless sealed accompanied by a bidder's bond, for 5 percent (5%) of the amount of the bid. Bid bond will be duly executed by the bidder as principal & having as surety thereon a surety company licensed to do business in the State of South Carolina.

Successful bidder shall be required to furnish a satisfactory performance & payment bond each in the amount of 100 percent (100%) of the bid.

k. The County Reserves the Right to accept or reject any & all responses, to waive technicalities & informalities, to negotiate further with the Contractor of its choice, & to request additional information, to interview & to make an award deemed in its own best interest.

All submittals shall become property of the County & is subject to the Freedom of Information Act (FOIA) regulations.

2. TAXES: When applicable, South Carolina sales tax shall be shown as a separate entry on the bid total summation. In other words, there shall be a bid subtotal with South Carolina tax added in to create a grand total. When required, exemption certificates shall be furnished on forms provided by the vendor.

CLARENDON COUNTY Page 8

3. PROPRIETARY INFORMATION: Bidders shall visibly mark as “CONFIDENTIAL” each part of their bid which considers proprietary information. Price may not be considered confidential proprietary information.

4. AMBIGUOUS BIDS: Bids which are uncertain as to terms, delivery, quantity, or compliance with requirements and/or specifications may be rejected or otherwise disregarded.

5. COVENANT AGAINST CONTINGENT FEES: The vendor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the vendor for the purpose of securing business. For breach or violation of this warranty, Clarendon County shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

6. BIDDER’S QUALIFICATIONS: Bids shall be considered only from bidders who are regularly established in the business called for and who in the judgment of the Owner are financially responsible and able to show evidence of their reliability, ability, experience, equipment supervised by them to render prompt and satisfactory service in the volume called for under this contract. All bidders for road paving and grading must be on the SCDOT list of approved contractors

7. ACKNOWLEDGEMENT OF AMENDMENTS TO REQUEST FOR BIDS:

a. Bidders shall acknowledge receipt of any amendments to this solicitation either by signing and returning one (1) copy of the amendment or by letter or by telegram or by fax, or e-mail and by acknowledging the amendment on the Bid Form.

b. Clarendon County must receive the acknowledgment by the time, date, and at the place specified for receipt of bids.

8. AFFIRMATIVE ACTION: The successful bidder will take affirmative action in complying with all

Federal and State requirements concerning fair employment, employment of the handicapped, and concerning the treatment of all employees, without regard or discrimination by reason of race, color, religion, sex, national origin and/or physical handicap and to ENSURE EQUAL EMPLOYMENT OPPORTUNITY is provided for as applicable.

9. EXPLANATION TO PROSPECTIVE BIDDERS:

a. Any prospective bidder desiring an explanation or interpretation of this solicitation shall request it in writing soon enough to allow a reply to reach all prospective bidders before submission of their bids.

b. Oral explanation and/or instructions given before the award of the contract shall not be binding.

c. Any information given to a prospective bidder pertaining to this solicitation shall be furnished promptly to other prospective bidders as an amendment, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders.

10. AWARDING POLICY: The County reserves the right to select and award on an individual item basis, lot (group) basis or an “all or none” basis, whichever the County determines to be most advantageous. Therefore, individual prices per item must be indicated on the bid form. Bidders are encouraged to offer discounts for consideration of consolidated award. Furthermore, the County in determining the lowest responsible bidder on each of the items shall consider, in addition to the bid prices, the quality, training, suitability and adaptability of the services required by this solicitation.

The County reserves the right to reject or accept any or all bids and to waive any informalities and/or irregularities thereof.

CLARENDON COUNTY Page 9

In the event that identical bids are received on like items, the Procurement Director, subject to the approval of the County Administrator, shall award bids by whichever of the following procedures is deemed most appropriate under the circumstances:

a. Award to the firm whose primary business establishment is physically located:

i. within the boundaries of Clarendon County; and

ii. within the boundaries of the State of South Carolina.

b. If all of the above are equal, the County shall award by a toss of a coin with all interested parties given an opportunity to witness. The County shall have a minimum of two witnesses for the coin toss.

11. WITHDRAWAL OF BIDS: Any bidder may withdraw his bid prior to the closing time scheduled for the receipt of bids. No bid shall be withdrawn for a period of sixty (60) days after the schedule closing time for the receipt of bids. The County reserves the right to award contracts for a period of sixty

(60) days.

12. SUBMISSION OF DATA: Each bidder, upon request, shall submit evidence of Liability Insurance, Workmen’s Compensation (if required), and other data regarding experience relating to this bid and proposes to satisfy the requirements of this solicitation and fulfillment of a contract.

13. ACCIDENTS: The vendor shall hold the County harmless from any and all damages and claims that may arise by reason of any negligence on the part of the vendor, his agents or employees in the performance of this contract. In case any action is brought against the County or any of its agents or employees, the vendor shall assume full responsibility for the defense thereof. Upon his failure to do so after proper notice, the County reserves the right to defend such motion and charge all costs thereof to the vendor. The vendor shall take all precautions necessary to protect the public against injury.

14. STATEMENT OF COMPLIANCES AND ASSURANCES: By submitting a bid and signing the bid schedule, vendors are providing written assurance of non-collusion and understanding, and acceptance of all general and special conditions stated in this contract. In addition, this signature certifies that the firm or agency represented in the bid submitted complies with all applicable federal and state laws and regulations.

15. BIDDERS RESPONSIBILITY: Each bidder shall fully acquaint himself/herself with conditions relating to the scope and restrictions attending the execution of the work under the conditions of this bid. It is expected that this will sometimes require on-site observation. The failure or omission of bidder to acquaint himself/herself with existing conditions shall in no way relieve the bidder of any obligations with respect to this bid or contract.

16. EXAMINATION OF RECORDS:

a. The County Administrator of Clarendon County or his duly authorized representative(s) and/or duly authorized representative(s) from the office of the County Auditor shall, until three (3) years after final payment under this contract, have access to and the right to examine any of the Contractors’ directly pertinent books, documents, papers or other records involving transactions related to this contract.

b. He/She agrees to include in first-tier subcontracts under this contract a clause to the effect that the County Administrator of Clarendon County or his duly authorized representative(s), and/or duly authorized representative(s) from the office of the County Auditor shall, until three (3) years after final payment under the subcontract, have access to and the right to examine any of the subcontractors’ directly pertinent books, documents, papers or other records involving transactions related to the subcontract(s).

CLARENDON COUNTY Page 10

17. MATERIALS REQUIRED: Materials required must be in conformity with the specifications, shall be subject to inspection and approval after delivery, and shall comply in quality and type of material and method of manufacture with all applicable local or state laws pertaining thereto. The right is reserved to reject and return at the risk and expense of the vendor such portions of any shipment which may be defective or fail to comply with specifications and without validating the remainder of the order.

18. “OR APPROVED EQUAL” CLAUSES: Certain processes, types of equipment or kinds of materials are described in the specifications and on the drawings by means of trade names and catalog numbers. In each instance where this occurs, it is understood and inferred that such description is followed by the words “or approved equal”. Such method of description is intended merely as a means of establishing a standard of comparison. However, the County reserves the right to select the items which, in the judgment of the County, are best suited to the needs of the County, based on price, quality, service, availability and other relative factors. Bidders must indicate brand name, model, model number, size, type, weight, color, etc., of the item bid if not exactly the same as the item specified. Vendor’s stock number or catalog number is not sufficient to meet this requirement.

If any bidder desires to furnish an item different from that specifically mentioned in the specifications, he/she shall submit with his bid the information, data, pictures, cuts, designs, etc., of the material he/she plans to furnish so as to enable the County to compare the material specified;

and, such material will be given due consideration. The County reserves the right to insist upon and receive the items as specified, if the submitted items do not meet the County’s standards for acceptance.

19. PATENTS: The vendor shall hold the County, its officers, agents, and employees harmless from liability of any nature or kind whatsoever, on account of use by the publisher or author, manufacturer or agent, of any copyrighted or uncopyrighted composition, secret process, article or appliance furnished or used under this bid.

20. INSTALLATION: Where equipment is called for to be installed under this bid, it shall be placed, leveled and accurately fastened into place by the vendor. He/she shall be responsible for obtaining dimensions and other such data which may be required to assure exact fit to work under another contract or as intended by the County. The vendor shall be responsible providing an appropriate amount of lead-in to equipment requiring electrical, water or other basic service. The County will normally be responsible for bringing the appropriate service to the lead-in. The vendor shall completely remove from the premises all packing, crating, and other letter due to his/her work.

He/she shall also be responsible for the cost of repair of any damage to existing work which is caused by him/her equipment.

21. GUARANTEE: The vendor shall supply a guarantee for all workmanship for the equipment he/she is furnishing for a period comparable to the standards in the industry. When defects or faulty material is discovered during the guarantee period, the vendor shall, immediately, upon notification by the County, proceed at his/her own expense, to repair or replace the same, together with any damage to all finishes, equipment, and furnishings that may have been damaged as a result of the defective equipment or workmanship.

22. PROPER INVOICE: Contractor will generate all invoices and submit to Engineer for concurrence prior to submittal to county for payment.

23. CONFLICTS IN SPECIFICATIONS: When contract language or specifications are in conflict, the

Engineer shall choose the language/specification that is applicable to the project condition covered, and shall generally choose the more stringent, restrictive or costly language/specification.

CLARENDON COUNTY Page 11

24. SERVICE FACILITIES: In considering the services bid upon, the County shall take into consideration past performance of existing work and installations, service and facilities provided by the bidder.

The bidder shall have available a local organization that is trained in proper construction methods.

25. S.C. LAW CLAUSE: Upon award of a contract under this bid, 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 in this State. Notwithstanding the fact that applicable statutes may exempt or exclude the successful bidder from requirements that it be authorized and/or licensed to do business in this State, by submission of this signed bid, the bidder 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.

26. COMPETITION: There are no Federal or State laws that prohibit bidders from submitting a bid lower than a price or bid given to the United States Government. Bidders may bid lower than the United States Government Contract price without any liability because the State is exempt from provisions of the Robinson-Patman Act and other related laws.

27. EXCUSABLE DELAY: The Contractor shall not be liable for any excess costs of the failure to perform the contract arising out of causes beyond the control and without the fault or negligence of the Contractor. Such causes may include, but are not restricted to acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but, in every case the failure to perform must be beyond the control and without the fault or negligence of Contractor.

If the failure to perform is caused by the default of a subcontractor, and if such default arises out of causes beyond the control of both the Contractor and subcontractor, and without the fault or negligence of either of them, the Contractor shall not be liable for any excess costs or failure to perform, unless the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery schedule.

28. ASSIGNMENT: No contract may be assigned, sublet, or transferred without a written consent of the Procurement Director.

29. SPECIFICATIONS: Any deviation from specifications indicated herein must be clearly pointed out;

otherwise, it will be considered that items offered are in strict compliance with these specifications, and the successful bidder shall be held responsible thereof.

30. INCORPORATION BY REFERENCE: The contents of this Request for Bids, including all drawings, attachments, specifications, and any addenda, will become part of the contract for this Project.

31. PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND

IMPROVEMENTS:

a. The Contractor shall preserve and protect all structures, equipment, and vegetation (such as grass, trees, and shrubs) or on or adjacent to the work sites, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by any careless operation of equipment, or by workman, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with tree pruning compound as directed by the Engineer.

CLARENDON COUNTY Page 12

b. The Contractor shall protect from damage all existing improvements and utilities at or near the work site and on adjacent property of a third party, the locations of which are known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the County representatives(s) may recommend that the necessary work be performed and charge the cost to the Contractor.

32. BID FORMS: Documentation contained in Section “V” shall be completed and submitted along with the Proposal. A bid bond as required by these General Conditions shall also be included.

33. TERMINATION: Subject to the provisions below, the contract may be terminated by the Procurement Director providing a thirty (30) day advance notice in writing is given to the Contractor.

a. Termination for Convenience. In the event that this contract is terminated or cancelled upon request and for the convenience of the County without the required thirty (30) day advance notice, then the County shall negotiate reasonable termination costs, if applicable.

b. Termination for Cause. Termination by the County for cause, default or negligence on the part of the Contractor shall be excluded from the foregoing provisions; termination costs, if any, shall not apply. The thirty (30) day advance notice requirement is waived and the default provision in this bid shall apply.

34. SAFETY AND PROTECTION: Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to all persons on the Site or who may be affected by the Work, all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property.

35. SECURITY REQUIRED:

a. Bid Security - Each Bid must be accompanied by a Bid Bond acceptable to the County. Bid Bonds must be issued by a corporate surety registered and authorized to do business in the State of South Carolina. Bid Bonds shall be payable to the County, shall be for at least five (5%) percent of the total amount of the Bid, and shall serve as a guarantee deposit that the bid will be carried out to the complete satisfaction of the County.

b. Forfeiture of Bid Security - Nonperformance by the successful Bidder, or its failure to execute the Contract and meet performance and payment bond requirements and insurance requirements within five (5) calendar days after issuance of Notice of Award, shall result in its bid security being forfeited as liquidated damages, and the Notice of Award and Contract will be rescinded and awarded to another Bidder. Withdrawal or attempted withdrawal of a Bid after the closing date and time but prior to sixty (60) calendar days after the closing date may also result in forfeiture of bid security.

c. Return of Bid Security - Bid security will be returned to all bidders after the successful Bidder has executed the Contract and delivered all required bonds and insurance certificates. Unsuccessful Bidders will not be entitled to any interest earnings on returned funds.

d. Payment and Performance Security

CLARENDON COUNTY Page 13

i. The successful Bidder shall provide Performance and Payment Bonds, in a form satisfactory to the County (see Attached “Sample Forms”), in the following amounts no later than at the time of execution of the Contract:

• Payment Bond: 100% of the total amount of the Contract.

• Performance Bond: 100% of the total amount of the Contract.

ii. The aforesaid Payment and Performance Bonds must be issued by a corporate surety registered and authorized to do business in South Carolina and must be counter-signed by a licensed, authorized South Carolina agent.

iii. Attorneys-in-fact who sign Bid Bonds or Performance Bonds must file with each Bond a certified and effective, dated copy of their power of attorney.

iv. The time to be covered by the Performance Bond shall commence on the date of execution of any contract resulting from this ITB and terminate upon final payment to Bidder by County. The time to be covered by the Payment Bond shall commence on the date of execution of any contract resulting from this ITB and terminate twelve (12) months after the date of final acceptance of the Work by the County.

v. Contractor shall execute the attached Form of Agreement upon contract award.

36. CHANGE ORDER

a. A Change Order is a written order to the Contractor, signed by the authorized County representative, directing changes in the work within the provisions of the Contract.

b. A Change Order is used to change contract quantities for items with unit prices, provide for incentives, penalties, and adjustments for unit price items as provided in the original Contract, delete contract items, and revise contract time.

c. A Change Order may include written agreement made and entered into by and between the Contractor and the Owner, covering alterations and unforeseen work incidental to the proper completion of the project, when such work is paid for at an agree unit or lump sum price. Such Change Order becomes a, part of the Contract when approved and properly executed.

37. PERMITS/LICENSING: It shall be the responsibility of the contractor to comply with County Ordinances by securing necessary permits and licenses.

38. ENVIRONMENTAL MANAGEMENT: Vendor/Supplier/Contractor will be responsible for complying with all federal, state, and local environmental regulations relating to transportation, handling, storage, spillage and any other aspect of providing the services specified herein, as applicable.

39. SITE INSPECTION:

a. The bidder is expected to have become familiar with and take into consideration, site conditions which may affect the work and to check all dimensions at the site.

b. Each bidder shall acquaint themselves thoroughly as to the character and nature of the work to be done. Each bidder furthermore shall make a careful examination of the site of the work and inform themselves fully as to the difficulties to be encountered in performance of the work, the facilities for delivering, storing and placing materials and equipment and other conditions relating to construction and labor.

c. The bidder shall examine the premises and the site and compare them with any applicable drawings and specifications. He/she shall familiarize themselves with the existing conditions such as obstructive area levels and any problems related to erecting the required systems.

d. No plea of ignorance of conditions that exist or may hereafter exist on the site of the work, or difficulties that may be encountered in the execution of the work, as a result of failure to make necessary investigations and examinations, will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all the requirements of the

CLARENDON COUNTY Page 14 contract documents and to complete the work for the consideration set forth therein, or as a basis for any claim whatsoever.

e. Insofar as possible, the Contractor, in carrying out his/her work, must employ such methods or means as will not cause interruption of or interference with the work of any other Contractor, or County personnel at the site.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

CLARENDON COUNTY Page 15

FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR

FOR CONSTRUCTION CONTRACT

THIS AGREEMENT is by and between CLARENDON COUNTY (“Owner”) and

(“Contractor”).

Owner and Contractor hereby 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: Cement Modified Subbase, HMA Pavement, Resurfacing, and Miscellaneous Related Items on Five (5) Roads in Clarendon County.

ARTICLE 2 – THE PROJECT

2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2025 Roadway Improvement Project

ARTICLE 3 – ENGINEER

3.01 The Project has been designed by INFRASTRUCTURE CONSULTING AND ENGINEERING, LLC (ICE)

(Engineer), which 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 4 – CONTRACT TIMES

4.01 Time of the Essence

a. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Dates for Substantial Completion and Final Payment

The project will be completed and ready for final inspection prior to June 30, 2026.

4.03 Liquidated Damages

a. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $1000.00 for each day that expires after the time specified in Paragraph 4.02 above 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 Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $1000.00 for each day that expires after the time specified in Paragraph 4.02 above for completion and readiness for final payment until the Work is completed and ready for final payment.

ARTICLE 5 – CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined in the bid documents:

a. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit.

CLARENDON COUNTY Page 16

(Grand Total in Words)

The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in of the General Conditions.

ARTICLE 6 - PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

Contractor shall submit Applications for Payment in accordance with the General Conditions.

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

6.02 Progress payments; Retainage

a. Owner shall make progress payments on account of the Contract Price on the basis of

Contractor’s Applications for Payment on or about the last day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below. All such payments will be measured by the schedule of values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements.

b. 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 may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with the General Conditions.

c. 95 percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and

d. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage).

e. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work completed, less such amounts as Engineer shall

ITEM # DESCRIPTION UNIT QUANTITY UNIT PRICE EXTENDED PRICE

1 BONDS AND INSURANCE LS 1

2 MOBILIZATION EA 5

3 TRAFFIC CONTROL EA 5

4 MAINTENANCE STONE TON 100

5 REMOVAL & DISPOSAL EXISTING TREE EA 2

6 CEMENT MODIFIED SUBBASE (8" UNIFORM) METHOD A SY 29619

7 ADDITIONAL ROCK FOR FULL DEPTH RECLAMATION (#57 STONE) TON 3088

8 PORTLAND CEMENT FOR CEM. MODIFIED SUBBASE (60 LBS / SY) TON 891

9 H/M ASPH. SURF. CR. TYPE E (Liquid Included) 100 #/SY SY 28058 10 H/M ASPH. SURF. CR. TYPE C (Liquid Included) 150 #/SY SY 28600 11 H/M ASPH. SURF. CR. TYPE C (Liquid Included) 220 #/SY SY 2664 12 PERMANENT CONST. SIGNS (GROUND MOUNTED) (Scheme E) LF 240

13 STATION GRADING STA 22

14 15" RCP LF 200

15 18" RCP LF 80

16 24" SLD. LINE - STOP / DIA. F.D. PNT LF 56

17 24" WHITE STOP BARS - THERMO 125 MIL. LF 56

18 4" YELLOW SOLID (NO PASSING) THERMO 90 MIL LF 500

19 PERM.YEL.PAV.MARK BI-DIR 4"X4" EA 197

20 PERMANENT VEGETATION ACRE 3.81

21 ORANGE BARRIER FENCE FOR WETLANDS LF 725

22 FULL DEPTH PAV'T PATCH - 6" UNIF. SY 150

GRAND TOTAL:

CLARENDON COUNTY Page 17 determine in accordance with the General Conditions and less 95 percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion.

6.03 Final Payment

a. Upon final completion and acceptance of the Work in accordance with the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer.

ARTICLE 7 - INTEREST

7.01 All moneys not paid when due as provided in the General Conditions shall bear interest at a rate to be negotiated.

ARTICLE 8 – CONTRACTOR RESPONSIBILITIES

8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations:

a. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

b. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

c. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.

d. Contractor does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.

e. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

f. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

g. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

ARTICLE 9 – CONTRACT DOCUMENTS

9.01 Contents

a. The Contract Documents consist of the following:

b. This Agreement

c. Performance bond

d. Payment bond

e. General Conditions

f. Standard Specifications and Drawings as referenced in the bid documents.

g. The contents of the Request for Bids, including all drawings, attachments, specifications, and any addenda

h. 4 Plan sets totaling of 42 pages.

i. Addenda (numbers 0 to 0 inclusive).

j. Exhibits to this Agreement (enumerated as follows):

k. Contractor’s Bid

l. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto:

1. Notice to Proceed

2. Work Change Directives.

3. Change Orders.

CLARENDON COUNTY Page 18

4. The documents listed in paragraph 9.01.a are attached to this agreement (except as expressly noted otherwise above)

There are no contract documents other than those listed in this Article 9. The contract documents may only be amended, modified, or supplemented as provided in the General Conditions.

ARTICLE 10 – MISCELLANEOUS

10.01 Terms

a. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions.

10.02 Assignment of Contract

a. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that 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.

10.03 Successors and Assigns

a. 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.

10.04 Severability

a. 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 that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

10.05 Contractor’s Certifications

a. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05:

1. “Corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution;

2. “Fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “Collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and

4. “Coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

CLARENDON COUNTY Page 19

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf.

This Agreement will be effective on ,2025, (which is the Effective Date of Agreement).

OWNER: CONTRACTOR:

Clarendon County, South Carolina

By: By:

Title: Title:

(If Contractor is a corporation, a partnership, or a joint venture, attaches evidence of authority to sign.)

Attest: Attest:

Title: Title:

Address for giving notices: Address for giving notices:

411 Sunset Drive Manning, SC 29102

License No.:

(If Owner is a corporation, attach evidence Of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.)

(Where applicable)

Agent for service of process:

CLARENDON COUNTY Page 20

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS, that ____________________________________________________ as Principal, hereinafter called Contractor, and _______________________________________________________ as Surety, hereinafter called Surety, are held and firmly bound unto Clarendon County, 411 Sunset Drive, Manning, SC 29102, as oblige, 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 entered into a certain contract with the Owner, dated ________ day of _____________, 2025, for the construction of: 2025 Roadway Improvement Project in accordance with the Drawings and Specifications prepared by INFRASTRUCTURE CONSULTING AND ENGINEERING, LLC (ICE) which contract is by reference made a part hereof and is hereinafter referred to as the Contract.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

The Surety hereby waives notice of any alteration or extension of time made by the Owner.

Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner’s obligations there under, the Surety may promptly remedy the default, or shall promptly:

1) Complete the Contract accordance with its terms and conditions, or

2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term “balance of the contract price”, as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor.

Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due.

No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner.

Signed and sealed this _____________ day of _________________________, 2025.

PRINCIPAL SURETY

(Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal

By: By:

Signature and Title Signature and Title (Attach Power of Attorney)

Attest: Attest:

CLARENDON COUNTY Page 21

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS that________________________________________________________ as Principal, hereinafter called

Principal, and __________________________________________________________ as Surety, hereinafter called Surety, are held and firmly bound unto Clarendon County, Administration Building, 411 Sunset Drive, Manning, SC 29102, as oblige, hereinafter called Owner, in the amount of _________________________________________________ Dollars ($_________________), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal has entered into a certain contract with the Owner, dated ______ day of _____________, 2025, for the construction of:

Clarendon CTC 2025 Roadway…