IFB# 2023-24-029 1294 Blue Moon Drive.pdf

INVITATION FOR BID (IFB)

and

Contractual Requirements for

1294 Blue Moon Drive

Loris, SC 29569 Single Family Home Rehabilitation

IFB# 2023-24-029

Closing Date: 2:00 p.m. (Local Time) September 20, 2023

The Following Applies to this Solicitation:

• Mandatory Pre-Bid Meeting: September 6, 2023, 10:00 a.m. (Local Time), at 1294 Blue Moon Drive, Loris, SC 29569

• Questions Acceptance Deadline: September 13, 2023 at 2:00 p.m. (Local Time).

• Required Bid Forms Packet must be submitted with responses to this IFB.

• A Bid Bond is not required.

ADVERTISEMENT

INVITATION FOR BID

Qualified and licensed contractors are invited to submit electronic sealed bids for "1294 Blue Moon Drive, Loris, SC 29569- Single Family Home Rehabilitation” -- IFB # 2023-24-029.

Bids will be submitted via Horry County’s electronic bid software not later than 2:00 p.m., (Local Time) Sep te mber 20 , 2023 . No fax, email, telephone, hand delivered, or text bid submittals will be accepted.

The solicitation document (IFB) can be obtained from the County’s electronic bid software by visiting https://www.bidnetdirect.com/south-carolina/horrycounty.

Electronic bid submittals must include the bidder’s current (active) State of SC General Contractor’s License.

Contact Information for this Project Ms. Christina McCoy

Mccoy.Christina@horrycountysc.gov 843.915.5380

All questions shall be submitted in the Horry County’s e-bidding software.

END OF SECTION

http://www.bidnetdirect.com/south-carolina/horrycounty http://www.bidnetdirect.com/south-carolina/horrycounty

INSTRUCTIONS TO BIDDERS

General Terms and Conditions

General This solicitation will be conducted in accordance with Horry County Procurement Code and Regulation. This ordinance can be found in its entirety on the County’s website at:

https://www.horrycountysc.gov/media/ck1no5hq/county_of_horry_regulation.pdf

Horry County hereby notifies all those responding to this IFB that, in accordance with the provisions of the Civil Rights Act of 1964 (Chapter 21, Title 42, of the U.S. Code) and the Regulations promulgated in connection therewith, that it will affirmatively ensure that any contract entered into pursuant to this IFB, disadvantaged business enterprises will be afforded full and fair opportunity to make submittals in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Funding This project is U.S. Department of Housing and Urban Development CDBG and United States Department of Agriculture Section 533 Housing Preservation Grant funded and contingent upon funding availability; therefore, all federal rules and regulations related to such funding will apply.

Submitting a Bid Sealed bids shall be submitted via Horry County’s electronic bid software ONLY, on or before the due date and time noted on the cover page of this document. The only acceptable means of submitting a bid in reference to this project is through Horry County’s electronic bid software.

Therefore, no email, fax, hand-delivered, telephone, or text bid submittals will be accepted.

Pricing must be provided as indicated in the electronic bid software. For additional details see Unit Prices.

The bidder must include the required items listed in the Required Bid Forms Packet or their bid may be deemed non-responsive.

The County, at its sole discretion, reserves the right to accept or reject any and all bids, in whole or in part, as deemed to be in the best interest of the County. It further reserves the right to waive technicalities and informalities, where it deems it advisable in protection of the best interest of Horry County. The County will be the sole judge as to whether bids submitted meet all requirements contained in the IFB.

Examination of Bid Document All official documents, as published by Horry County Government, should be downloaded from Horry County’s electronic bid software (BidNet) and reviewed prior to submission of an offer, unless otherwise indicated.

Prior to submitting a bid, potential bidders must read all documents associated with this solicitation, thoroughly examining the bidding documents and specifications and/or requirements thereof, and notify Owner of all conflicts, errors, or discrepancies.

By submission of a bid, the bidder guarantees that all goods and services meet the requirements of the solicitation.

Bid proposals may be rejected for any omissions, alteration of form, additions not called for, conditional offers, or any irregularities of any kind are shown. Failure to comply with all requirements, as listed in the solicitation documents, may result in the offer being rejected as non-responsive.

Bids shall remain firm for no less than the specified number of calendar days indicated from the date of bid Closing Date as specified in the Comments to the Project.

The bidder’s name and solicitation number shall be included when specifications or descriptive papers are submitted with the invitation for bid (IFB).

The work under the resulting contract includes the furnishing of all labor, materials, equipment, and all items and services of every nature, whether particularly mentioned or not in this solicitation, as required to provide the services as specified, herein.

All work is to be done in accordance with drawings, specifications, and any permit conditions of federal, state, local or any other agencies having jurisdiction.

Required Bid Forms Submit ALL required forms. The required forms packet is a separate downloadable file in BidNet, titled “Required Bid Forms Packet.” The bidder must include the required forms or their bid proposal may be deemed non-responsive.

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

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.

The bidder shall examine the premises and the site and compare them with any applicable drawings and specifications. (S)he shall familiarize themselves with the existing conditions.

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

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.

When geotechnical data is provided by the Owner, the Bidder shall assume responsibility for any conclusions he/she may draw from such data. (S)he may employ his/her own consultants to analyze available information and shall be responsible for any conclusions drawn from that information. The Bidder is encouraged to perform their own investigations if they would like to do so. The cost of such employment or investigations shall be borne solely by the Bidder.

Questions / Addendum All questions must be submitted via Horry County’s e-bidding software prior to the Questions Acceptance Deadline as specified in the e-bidding software. Each question must be submitted individually within the “Q&A” section of the electronic bid software. All questions and revisions will be provided in the electronic bid software in the form of addendum. If it becomes necessary to revise any part of this solicitation, an addendum will be published. It shall be the Bidder’s responsibility to ensure he has all addenda which has been issued by visiting Horry County’s e-bidding software https://www.bidnetdirect.com/south-carolina/horrycounty. Any information obtained outside of the procurement process is non-binding and shall not be used in the response to this solicitation.

All Addenda forms a part of the documents for this project and modifies / amends / clarifies / adds to the original documents as described above. By submitting a response, responders acknowledge receipt and inclusion of the effects of this addendum.

Potential and actual bidders are not permitted to contact Horry County employees outside of the Procurement Department during the procurement process. Potential and actual bidders are not permitted to contact any consultants contracted by the County to assist with efforts related, directly or indirectly, to the procurement process. Failure to comply with Horry County Procurement Regulation, Chapter 4, Contractor Requirements and Standards of Conduct for Horry County and Procurement Participants may result in the rejection of the submittal and other penalties as applicable.

Non-Collusion By submitting a response, the party making the foregoing offer that such offer is genuine and not collusive or sham; that said Responder has not colluded, conspired, connived, or agreed, directly or indirectly with any responder or person, to put in a sham response, or that such other person shall refrain from offering and has not in any manner, directly or indirectly sought by agreement or collusion, or communication or conference, with any person to fix the submittal of affiant or any other responder or to fix any overhead, profit or cost element of said Response or of that of any other responder or to secure any advantage against owner any person interested in https://www.bidnetdirect.com/south-carolina/horrycounty the proposed contract; and that all statements in said Response are true; and further, that such responder has not, directly or indirectly submitted this Quotation Request, or the contents thereof, or divulged information or date relative thereto to any association or to any member or agent thereof.

Mistakes in Bid Corrections and withdrawal of the submitted offer will be permitted within the e-bidding software prior to Bid due date and time.

Bid Opening Unofficial Bid Results will be made publicly available in the County’s e-bidding software within an estimated time of 60 minutes after the established due date and time.

Mandatory Pre-Bid Walkthrough / Conference A Mandatory Pre-Bid Walkthrough/Conference will be held on the date and time and at the location indicated on the cover page of this document. Non-attendees will not be allowed to submit a bid proposal. All sub-contractors are strongly encouraged to attend the Mandatory Pre- Bid Conference.

Licenses All BIDDERS must be properly licensed to do business in the State of South Carolina and must comply with the Code of Laws of South Carolina, including Section 40-11-200, when applicable.

Your company does not need to be based in South Carolina, but must be licensed to do business in the state of SC and specifically Horry County, if awarded a contract. Failure to comply with this requirement may result in the rejection of the bid as non-responsive.

Bid Bond (is not required) Each Bid must be accompanied by a Bid Bond made payable to Horry County in an amount of five percent (5%) of the Bid Total (including all applicable additive alternatives). The “Required” Bid Bond Form and Powers of Attorney must be completed and submitted in Horry County’s electronic bid software. Bid Bonds must be duly executed by the bidder as principal and issued by a surety authorized to conduct business in the State of South Carolina.

This is a guarantee that the successful bidder will enter into a contract with Horry County. The aforementioned guarantee, is to be retained by the Horry County as liquidated damages in the event the successful Bidder fails to enter into the contract as provided herein.

Any cost of the bonds should be included as the same as other necessary items not specifically quantified on the Bid Form.

Improperly completed information and irregularities in bid bond may be cause to reject a bid.

Performance Bond (is not required) Performance Bond is a guarantee that the successful completion of the contract will be done in a satisfactory manner to Horry County. The aforementioned guarantee is to be retained by Horry County, in addition to any liquidated damages, in the event the successful Bidder fails to complete the contract as provided herein. Cost of all bonds shall be included in the bid price.

A performance bond in the amount of 100% of the contract price shall be required from the successful, and awarded bidder. The performance bond shall be delivered by the contractor to the County at the same time the contract is executed. If a contractor fails to deliver the required performance bond, the contractor’s bid shall be rejected, its bid security shall be enforced, and award of contract shall be made to the next lowest responsive and responsible bidder. The bond shall be issued from a surety approved to operate in the State of South Carolina and shall have a “raised” seal. At no time during the contract will it be permissible for the performance bond to lapse.

Payment Bond (Labor and Materials Payment Bond) (is not required) Payment Bond is a guarantee that the successful bidder will pay their subcontractors and material suppliers for the contracted project. The aforementioned guarantee is to be retained by Horry County, in the event that the successful bidder fails to administer all payments to subcontractors and material suppliers used for the completion of contract as provided herein.

Cost of all bonds shall be included in the bid price.

A payment bond in the amount of 100% of the contract price shall be required from the successful, and awarded bidder. The payment bond shall be delivered by the contractor to the County at the same time the contract is executed. If a contractor fails to deliver the required payment bond, the contractor’s bid shall be rejected, its bid security shall be enforced, and award of contract shall be made to the next lowest responsive and responsible bidder. The bond shall be issued from a surety approved to operate in the State of South Carolina and shall have a “raised” seal.

Liquidated Damages Contractors shall complete 100% of the Scope of Work within the number of calendar days and at the cost indicated until final acceptance within the Comments to Project, based on the date on the Notice to Proceed. If liquidated damages are not paid, the contractor agrees the County may deduct the amount of liquidated damages from any money due or that becomes due to the contractor under this contract. All deductions from any money due to the contractor are considered to be liquidated damages and not a penalty.

Should the contractor fail to complete this contract and the work provided therein within the time fixed for such completion, the contractor shall become liable to the County for all loss and damage which the County may suffer on account thereof. It is agreed and understood that it will be difficult and impossible to ascertain and determine the actual damage which the County will sustain in the event of, and by reason of, such delay. It is therefore agreed that the contractor will pay to the County in liquidated damages of the dollar amount noted on the Comments to the Project of this document, per day for delays of completion by the contractor. If liquidated damages are not paid, the contractor agrees the County may deduct the amount of liquidated damages from any money due or that becomes due to the contractor under this contract. All deductions from any money due to the contractor are considered to be liquidated damages and not a penalty.

The contractor shall not be charged with resulting damage if:

A. The delay in completion of the work arises from unforeseeable causes beyond the control and without the fault or negligence of the contractor, including, but not restricted to the act of God, acts of the public enemy, acts of the County, acts of another contractor in the performance of a contract with the County, fires, floods, epidemics, strikes, freight embargoes, delays of subcontractors or suppliers arising from unforeseeable causes beyond their control; and

B. The contractor, within ten (10) days from the beginning of such delay, unless the

County grants a further period of time before the date of final payment under the Special Instructions and notifies the County in writing of the causes(s) of delay. The County shall ascertain the facts and the extent of the delay and extend the time for completing the work when, in his judgement, the findings of facts justify such an extension, and his findings of fact shall be final and conclusive on the parties.

The remedies provided for under this provision shall not be construed to limit, waive or otherwise abrogate any other remedy that the County shall be entitled to under other terms and conditions of this Contract. Failure of the County to enforce the liquidated damages provision of the contract shall not constitute a waiver of the breach of the contract for failure to perform in a timely manner. Any extension of time will be in the form of a Change Order duly authorized and signed by the appropriate County official, prior to contract completion date.

Penalties Provider shall complete 100% of the Scope of Work within the number of calendar days and at the cost indicated, based on the date on the Notice to Proceed. Should the provider fail to complete this contract and the work provided therein within the time fixed for such completion, the provider shall be penalized $200 per calendar day, until the completion of the Work Authorization / Task Order.

The provider shall not be charged with resulting penalty if the delay in completion of the work arises from unforeseeable causes beyond the control and without the fault or negligence of the provider.

The provider agrees the County may deduct the amount of penalties from any money due or that becomes due the provider under this contract.

Payment Terms Payment Terms are Net thirty (30) days upon receipt of correct invoice.

This solicitation does not commit the County of Horry to make an award, to pay any costs incurred in the preparation of the bid proposal, or to procure or contract for goods or services listed herein.

Unit Prices Unit prices are requested for items in the bid. Each bidder shall include its pro-rata share of overhead, and other items necessary for completion of the project, per plans and specifications, not specifically listed in the schedule of values, so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price bid represents the Total Bid. A Bidder may choose to only bid on Division I or Division II, but must bid on all items in the respective division to be awarded. This includes base and alternate items. Any bid not conforming to this requirement may be rejected as non-responsive. Additional instruction for Unit prices is found within the Comments to Project.

If there is no charge for a specific item listed, bidders must enter $0.00. Leaving item pricing blank indicates a “No Bid” for the item.

Sales tax should be included in unit prices. SHIPPING/DELIVERY charges should be included in the Unit Price, if it is not listed separately in the bid schedule. Any bid not conforming to this requirement may be rejected as non-responsive.

Sales Tax Horry County Government is required to pay sales tax. Horry County’s tax rate is (8%) eight percent, except on purchases/work/deliveries within the city limits of Myrtle Beach, where the tax rate is (9%) nine percent. Sales Tax is expected to be included in the bidder’s electronic bid submittal.

Shipping / Delivery All deliveries shall be bid as F.O.B. point Destination-freight prepaid, the seller pays and bears all freight charges; collect shipments will not be accepted. It is agreed by the parties hereto that delivery by the Contracted Supplier to the common carrier does not constitute delivery to the County. Delivery must meet the guaranteed delivery date agreed upon after receipt of order (ARO). Any claim for loss or damage shall be between the Contracted Supplier and the carrier.

Items must be shipped/delivered to the location(s) as indicated on the cover page of this document. Items ordered under the contract resulting from this IFB must be delivered within the time frame (ARO) as indicated on the cover page of this document.

Deviations Any deviations from the scope of work, as indicated herein, must be submitted in writing and clearly noted and explained in detail on a separate form and attached to the submitted bid. If deviations are not noted within the bid submittal, all items/services offered must be in strict compliance with these specifications and successful bidder shall be held responsible thereto.

Written consent from the Director of Procurement must be submitted should any changes in specifications be made after the contract has been awarded; otherwise, the responsibility for such changes shall be with the bidder. Verbal information obtained otherwise will be non-binding.

Liability Coverage The successful bidder shall provide proof of all required insurance(s), including workers’ compensation, automobile liability and general liability. Workers’ compensation shall include a minimum limit of $100,000 per accident and commercial general liability coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily

Injury and Property Damage. This shall include coverage for premises/operations, products/completed operations, contractual liability, independent contractors and vehicles used on/in premises/operations. The vendor/contractor must certify that coverage written on a “claims-made” form will be maintained without interruption from commencement of work until the expiration of all applicable statutes of limitation. Horry County shall be named as an Additional Insured on all liability policies and expressed on the Certificate of Liability Insurance. Insurance shall indemnify County against any and all claims arising under or as a result of the performance of the contract resulting from this solicitation. The County must be provided written notice prior to cancellation, modification, or reduction in limits of any stipulated insurance. Certificate Holder for Certificate of Insurance must be: Horry County, Attention: Risk Management, P.O. Box 997 Conway, SC 29528. It is the responsibility of the contractor to ensure all subcontractors comply with all insurance requirements of this solicitation and the resulting contract.

Requirements for Construction Projects Contact the Risk Manager at least thirty (30) days before project commencement to determine if the contractor or the County should acquire Builder’s Risk Insurance. Builder’s Risk insurance must be acquired for the construction of a new building or the major improvement, altercation or renovation of an existing structure.

Builder’s Risk coverage shall be with limits equal to 100% of the completed value of the structure(s), building(s), or addition(s). Machinery or Equipment Endorsement must provide coverage during transit when the contract calls for the installation of machinery or equipment as a permanent part of the structure. Construction materials beyond 100 feet of the structure are normally not covered by County insurer.

Disaster / Emergency Clause In the event, services in the resultant contract may be necessary for emergency protective measures, disaster response, and disaster recovery. By submitting a response to this solicitation, the Proposer shall comply with all applicable federal laws, regulations, executive orders, FEMA policies, procedures, and directives, including but not limited to Appendix II to Part 200— Contract Provisions for Non-Federal Entity Contracts Under Federal Awards with the exception of Part (D) Davis Bacon Act. Invoices for services related to emergency protective measures, disaster response, and disaster recovery shall be separate from non-emergency/disaster service invoices.

Contract Award Award of contract will be made to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the IFB. In determining the lowest responsive and responsible bidder, the County will consider/evaluate the bidders’ past and current performance of other County contracts, to include factors such as timely delivery and guaranteed delivery date. The awarded bidder will agree to the provisions contained in the attached “Contract.”

Contract Requirements Review Meeting The apparent low bidder and major sub-contractors may be required to attend a Contract Requirements Review Meeting(s) with the Procurement Director, and the Owners Representative before a Notice of Award.

The General Contractor’s designated Project Manager, Superintendent and Estimator shall be required to attend this meeting(s).

Contractor Management by Horry County Designee Horry County Community Development manages a U.S. Housing and Urban Development CDBG grant and United States Department of Agriculture Section 533 Housing Preservation Grant. Communication and construction coordination after the bid are awarded shall initiate between the contractor and Horry County. Roles and responsibilities will be discussed at the time of the preconstruction meeting.

Pre-construction Meeting The awarded bidder will enter into a contract with the property owner. A pre-construction meeting will be scheduled no later than 10 days after the bid opening or contract requirements review meeting, whichever is later. A Sample Construction Agreement is attached to this bid package.

Compensation The Contractor and Horry County shall determine an appropriate pay schedule as a part of the Pre-Construction Meeting.

Term of Contract The term of this contract shall be the amount of time specified within the Special Terms and Conditions’ Scope of Work. The effective date of the contract shall be the date of the Homeowner’s signature. The successful bidder will execute and abide by the attached Sample Contract.

Time of Completion The time of completion for all renovations to receive an “Acceptance of Work” will be the number of calendar days as specified within the Comments to the Project, which shall be no later than ten (10) business days after receipt of the Notice to Proceed.

Contract Assignment No contract awarded under these terms, conditions, and specifications shall be sold, transferred, or assigned without the written approval of the County.

Contract Changes Contract terms and conditions shall not be changed unless by a change order. Change must be deemed allowable, allocable, and reasonable for the completion of project scope. Changes shall be agreed upon by both parties and recorded using the approved change order document. The change to method, price, or schedule of the work must be clearly identified for each specific change which may occur. Additional process information is available within the Horry County Procurement Regulation Subchapter 13-3: Post Award Issues.

Grievance / Bid Protest Any actual or prospective responder who is aggrieved in connection with the procurement or award of a contract may protest to the County Administrator. The protest shall be submitted in writing within fourteen (14) days after such aggrieved person knows or should have known of the facts giving rise thereto provided that grievance has been made in accordance with solicitation requirements. Any grievance filed shall be made known prior to any bid opening in accordance with invitation to bids. Please reference Subchapter 15-3-Bid Protests of the Horry County Code & Regulation by visiting:

https://www.horrycountysc.gov/media/ck1no5hq/county_of_horry_regulation.pdf Freedom of Information Statement Procurement information shall be a public record to the extent required by Chapter 4 of Title 30, Code of Laws of South Carolina (1976, as amended) (The Freedom of Information Act), with the exception that commercial or financial information obtained in response to a “Invitation for Bids” which is privileged and confidential if so designated by the proposer shall be protected from disclosure. Such information must be clearly marked as “CONFIDENTIAL” by those submitting responses for each section of information so affected. Privileged and confidential information is information in specific detail not customarily released to the general public, the release of which might cause harm to the competitive position of the party supplying the information.

Title VI The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.

Legal Statement Responders to this IFB must disclose involvement in any litigation within the last five (5) years in which a claim has been made against any team member (individual or company) asserting a cause of action other than Employment issues or Contracts not related to your professional work.

Explain the issues in these cases (or the fact there are none) as part of your submittal.

Special Terms and Conditions

COMMENTS TO THE PROJECT

1. A Bid Bond is not required for this solicitation.

2. Term of the contract: shall be sixty (60) calendar days with the effective date of the date of the Homeowner’s signature.

3. Time of Completion requiring an “Acceptance of Work”: sixty (60) calendar days from

Notice of Proceed date.

4. Liquidated damages will be in the sum of $200.00 per day for each and every calendar day of delay beyond the time herein prescribed for finishing the work.

5. The successful bidder will complete a minimum of sixty percent (60%) of the work involved in the project construction. The remainder may be accomplished by the subcontractors which must be approved by Horry County or its’ designee in writing.

6. The bid shall remain firm for not less than sixty (60) calendar days from the date of bid submission.

7. Your firm must provide a photo copy of your General Contractor’s License.

8. Project is funded by CDBG and USDA.

9. If your business is located outside of South Carolina, a Nonresident Taxpayer Registration form will be required. (Form located in Required Bids Form Packet.)

REQUIRED BID FORMS

Separate downloadable file in BidNet Software

See Required Bid Forms Packet pdf

The bidder must include the following items or their bid proposal may be deemed non-responsive. The County reserves the right to accept or reject any and all bids, in whole or in part, that are deemed to be in the best interest of the County at its sole discretion.

CHECKLIST

□ Completed and Signed Bid Submittal Form

□ Electronic Bid Proposal Item Pricing (to be completed within the e-bidding software)

□ Addendum Acknowledgment

□ Signed Non-Collusion Affidavit

□ Bid Bond (if applicable, will be stated on the cover sheet)

□ Signed Anti-Lobbying Form

□ Signed Debarment, Suspension, and Other Responsibility Matters

□ Signed S.C. Drug-Free Workplace Form

□ Copies of Active License(s)/business license(s)-Including State of SC General Contractor's

License

□ Sample Certificate of Insurance (COI)

□ Nonresident Taxpayer Registration Form (applicable if business is located outside the State of

South Carolina)

□ Legal Litigation Form

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CONTRACT

FORMS

� Attachment A: Construction Agreement

� Attachment B: Homeowner's Right of Rescission

� Attachment C: Notice to Proceed

� Attachment D: Scope of Work & Specifications

� Sample Performance Bond – Not Required

� Sample Labor and Material Payment Bond – Not Required

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Attachment A

CONSTRUCTION AGREEMENT

This Agreement is made on the DATE, between Name (homeowner) and Name of Contractor (“Contractor”), for reconstruction work that the Contractor is to perform at Address of property (“the Property”).

WHEREAS, Homeowner applied to the Horry County Homeowner Rehabilitation Program and was approved to receive federal grant funding to rehabilitate the Property;

WHEREAS, Horry County has engaged Contractor, on behalf of and with Homeowner’s approval, in submitting a sealed bid for rehabilitation work at the Property under the Rehabilitation Program; and

NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, Homeowner and Contractor agree as set forth below.

1. Contractor shall furnish all supervision, labor, materials, machinery, tools, equipment, and services necessary to reconstruct the Property according to the drawings and specifications in the Bid Documents, Bid Attachments, and on the Work Write Up, Attachment “A,” DATE. Contractor shall perform all work and provide all materials in a manner consistent with generally accepted standards governing the construction industry.

2. Homeowner is entitled to rescind all obligations and commitments under this Agreement within three (3) business days from the date of execution of this Agreement in accordance with the Homeowner’s Right of Rescission, Attachment “B.” If Homeowner elects to rescind this Agreement, Homeowner shall notify Horry County Community

Development of the intention to rescind. Upon Homeowner’s exercising the

Homeowner’s Right of Rescission, all parties to this Agreement are released from obligation and commitments contained in this Agreement.

3. Contractor shall commence work within ten (10) business days of receiving a written

Notice to Proceed, Attachment “C,” but not before Homeowner’s three-day Right of

Rescission, Attachment “B,” has expired or has been waived. Contractor shall complete work on the Property no later than sixty (60) calendar days after issuance of the Notice to proceed unless the contract time has been extended by a Change Order, signed by

Homeowner and Horry County, as provided for in Paragraph 8 of this Agreement.

4. Notwithstanding the provisions in Paragraph 3, Contractor is excused from the sixty (60)

- day contract time requirement if delay is caused by any act or omission of Horry County, Homeowner, or any separate contractor employed by Homeowner; strikes; lockouts;

fires; unusual delay in transportation; unavoidable casualties; or causes completely beyond Contractor’s control.

5. Horry County has determined that,

a. Homeowner agrees to use due care to avoid interfering with Contractor’s completion of the work.

b. Homeowner agrees that to the best of Homeowner’s ability, the Homeowner will avoid interfering with Contractor’s progress on the job and to lessen the safety risks to Homeowner associated with Homeowner’s being on the jobsite.

c. Homeowner agrees to vacate the premises during the construction process.

6. Homeowner shall allow Contractor to use, at no cost to Contractor, existing utilities such as lights, heat, electricity, and water necessary to the performance of work under this

Agreement. Contractor shall not be responsible for the contents of the family’s belongings once they are put in the storage container and secured.

7. Except for purposes of affording protection against any emergency endangering health, life, limb, or property, Contractor shall make no changes in the materials used or the specified manner of construction or supply additional labor, services, or materials beyond that required to complete the work according to the Bid, Attachment “A.”

8. Contractor may request changes in the scope of work or project time under this

Agreement by submitting a written request for a Change Order. Contractor shall include a detailed description of the requested change in work or contract time, the proposed change in cost or contract time, and a statement that Contractor will perform all work included in the Change Order in accordance with requirements under this Agreement except as modified by the Change Order. No Change Order is effective unless signed by

Horry County and Homeowner.

9. Contractor shall obtain and pay for all licenses and permits necessary for the completion of work to be performed under this Agreement. If Contractor performs work contrary to governing laws, ordinances, or regulations, Contractor shall bear all costs arising from the nonconformity.

10. Contractor shall perform work in accordance with applicable local building codes and requirements.

11. Contractor is responsible for the quality of all work performed by Contractor, his employees, subcontractors, or subcontractors’ employees. Contractor shall warrant all work for a period of one year from the date of Final Payment. Contractor shall correct any defects in workmanship that appear within the one-year period at no cost to

Homeowner or Horry County.

12. Horry County shall pay Contractor on Homeowner’s behalf for satisfactory completion of the work on the Property. Homeowner shall make all necessary approvals to ensure that

Contractor receives timely payment for the percentage of project completion to date. If

Homeowner unduly delays Contractor’s receiving payment, Horry County may circumvent

Homeowner approval requirements that are delaying the payment process.

13. Before Horry County makes Final Payment to Contractor, Contractor shall furnish to

Homeowner a release of liens or claims for liens by subcontractors, laborers, and material suppliers for all completed work and installed materials.

14. Before Horry County makes Final Payment to Contractor, Contractor shall furnish to

Homeowner all manufacturers’ and suppliers’ written guarantees and warranties covering materials and equipment furnished under this Agreement, and release of the

Building Permit.

15. Contractor and Homeowner acknowledge that this project is funded with federal grant funds. Contractor and Homeowner shall allow Horry County and any local, regional, state, or federal government agent or their designees to access the work during all times

Contractor is on site for inspection of the work, materials, equipment, personnel, and employee working conditions.

16. If local ordinances require inspection of the work, Contractor shall arrange for and be present during all inspections. If Contractor covers any work without first obtaining required inspections and approvals, Contractor shall uncover the work to permit inspection at Contractor’s own expense.

17. Contractor shall maintain the premises in a clean and orderly manner during the course of work on the Property. Contractor shall remove all equipment, materials, and debris from the Property at the completion of work.

18. Contractor shall not use or allow to be used any lead-based paint in the work on the

Property.

19. Termination.

a. If Contractor fails to fulfill any provision of this Agreement or fails to perform work as described in the Bid Documents, Bid Attachments and Work Write-Up, Attachment “ A,” H o m e o w n e r m a y d e l i v e r t o C o n t r a c t o r w r i t t e n n o t i c e o f

Termination of this Agreement. Homeowner shall allow Contractor ten (10) calendar days to cure the default before termination becomes effective.

b. If Horry County fails to pay Contractor under Horry County’s agreement with

Contractor, Contractor may terminate this Agreement by providing to Horry

County and Homeowner written notice of termination and allowing ten (10) calendar days to cure the default before termination becomes effective.

c. Notwithstanding subparagraphs (a) and (b) of this provision, the Parties may mutually agree to terminate this Agreement if irreconcilable differences or disputes develop.

20. Contractor solely is responsible for the safety of all individuals performing work under this Agreement and for any damages to the Property occurring as a result of his acts or omissions.

21. Homeowner acknowledges that Contractor is responsible for the quality and conduct of work on the Property. Homeowner agrees to hold harmless the Horry County, United

States Department of Housing and Urban Development, and these entities’ agents and assigns from liability and claims for damages for bodily injury, death, sickness, disease, or injury to property arising from Contractor’s operations under this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first written above.

CONTRACTOR:

Signature Date

Witness

HOMEOWNER:

Signature Date

Witness

Attachment B

HOMEOWNER’S RIGHT OF RESCISSION

Today, the Date, 2023, you have entered into a transaction that may result in a mortgage or other security interest being placed on your home. Federal law provides you with the right to cancel this transaction, if you so desire, without any penalty or obligation at any time within three (3) business days from the above date. By cancelling this transaction, any lien, mortgage, or other security interest on your home resulting from this transaction is automatically void. If you desire to cancel this transaction, you may do so by notifying Horry County at the following address:

Community Development Director c/o Horry County Community Development

100 Elm Street Conway, SC 29526 by mail or any other form of written notice delivered to the above address no later than midnight on Date, 2023.

Please acknowledge your receipt of this notice by signing the form indicated below.

HOMEOWNER’S ACKNOWLEDGEMENT OF RIGHT OF RESCISSION

Each of the undersigned hereby acknowledges the receipt of two completed copies of the Homeowner’s Right of Rescission.

Homeowner Date

DECISION TO WAIVE HOMEOWNER’S RIGHT OF RESCISSION

I have read and understand the above and wish to waive my right of rescission.

Attachment C

NOTICE TO PROCEED

I, the undersigned, hereby authorize the Contractor to commence work on the property located at

Address, S.C. within ten (10) business days after the execution of the Construction Agreement.

However, Contractor shall not commence work before Homeowner’s three-day Right of

Recession, Attachment B, has expired or been waived. If the Contractor does not commence work within the specified time, the Homeowner, upon proper notification, may consider the Contractor to be in default.

The property will be available to the Contractor to perform the work stated in the Construction

Agreement between the hours of 7:00 a.m. and 5:00 p.m., Monday through Sunday, unless otherwise specified by the Homeowner.

I acknowledge that the work will be considered completed when all items listed on the Bid

Document, Bid Attachments and Work Write-Up, Attachment “A,” and any Change Orders have been finished and all work has been inspected and approved by Horry County or any other required entity.

Homeowner_____ Date _____________

Attachment D

SCOPE OF WORK AND SPECIFICATIONS

(See attached Bid Documents, Bid Attachments and Work Write-Up)

I understand and agree that:

• All work done on my house, located at Address, S.C. has been pre-determined by the contractor, authorized by Horry County Community Development & recorded on the Work Write-Up before construction begins.

• All funds authorized for the rehabilitation of my home will be used in their entirety;

therefore, the only work permitted through this Rehabilitation Program will be what is itemized on the Work Write-Up at the time of my signature.

• Any additional work arrangement between the Contractor and Homeowner may not commence until the scope of work in this contract has been completed and the contractor has been paid by Horry County.

• No additional work can be done at my request.

HOMEOWNER DATE

WITNESS DATE

CONTRACTOR DATE

WITNESS DATE

PERFORMANCE BOND (Not Required)

Bond No.

KNOW ALL MEN BY THESE PRESENTS that [full name and address or legal title of Contractor] as Principal, hereinafter called Contractor, and [Bonding Company], a corporation duly organized under the laws of the County, as Surety, hereinafter called Surety, are held and firmly bound unto County as Oblige, in the amount of [a sum equal to at least one half of the Contract price] Dollars ($ ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Contractor has by written agreement dated , 20 , entered into a contract with County for [Describe project and insert project number] in accordance with drawings and specifications prepared by [full name and address or legal title of Architect] 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 County and its obligation is not affected by any such alteration or extension provided the same is within the scope of the contract. Whenever Contractor shall be, and is declared by County to be in default under the Contract, the County having performed County obligations thereunder, the Surety may promptly remedy the default or shall promptly:

1) Complete the Contract in 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 the County and the Surety jointly of the lowest responsive, responsible bidder, arrange for a contract between such bidder and the County, 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 the 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 properly paid by County to Contractor under the Contract and any amendments thereto, less the amount properly paid by County to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than the County or successors of the County.

Signed and sealed this _day of , 20_ .

(Principal) (Seal)

(Witness)

(Title)

(BONDING COMPANY)

By_____________________________

LABOR AND MATERIAL PAYMENT BOND (Not Required)

Bond No.

KNOW ALL MEN BY THESE PRESENTS that [full name and address or legal title of Contractor] as Principal, hereinafter called principal, and [Bonding Company], a corporation duly organized under the laws of the County, as Surety, hereinafter called Surety, are held and firmly bound unto the County as Oblige, hereinafter called County, for the use and benefit of claimants as herein below defined, in the amount of [a sum equal to at least on half of the Contract price] 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 by written agreement dated , 20 , entered into a contract with County for [Describe project and insert project number] in accordance with drawings and specifications prepared by [full name and address or legal title of Architect] 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 Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions:

1) A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental of equipment directly applicable to the Contract.

2) The above-named Principal and Surety hereby jointly and severally agree with the County that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The County shall not be liable for the payment of any costs or expenses of any such suit.

3) No suit or action shall be commenced hereunder by any claimant:

a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the County, or the Surety above named, within ninety

(90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed.

Such notice shall be personally served or served by mailing the same by registered mail or certified mail,…