IFB 2025-26-008 Re-Bid Wampee Conv. Center Hwy 90.pdf

Re-Bid Wampee Conv. Center # 2025-26-008

INVITATION FOR BIDS

and

Specifications and Contractual Requirements

For Re-Bid Wampee Convenience Center

Hwy 90 Horry County, South Carolina

BID# 2025-26-008

Due: 2:00 p.m., September 26, 2025

The Following Applies to this solicitation:

• Last Day for Questions: September 18, 2025 at 2:00 PM

• Mandatory Pre-bid Meeting: Wednesday September 10 at 11:00 am

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

DIVISION 0

CONTRACT INFORMATION and DOCUMENTS

SECTION 0100- ADVERTISEMENT

INVITATION FOR BID

Horry County Government is requesting solicitation bids for BID# 2025-26-008 Wampee Convenience Center. Bids will be submitted via Horry County’s electronic bid software no later than 2:00 p.m., local time, September 26, 2025. 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.

Local Vendor Preference is applicable to this sealed bid process.

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

Your firm is required to provide bid security in the amount of five percent (5%) of the base bid (excluding alternates and/or optional bid items).

Contact Information for this Project:

Mrs. Angela Elliott

843-915-5380

All questions shall be submitted in the Horry County’s ebidding software.

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

SECTION 0200-INSTRUCTION TO BIDDERS

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/ygbcfubd/codeandreg.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 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 Goods and Services solicited in this IFB may be purchased with Grant and/or Federal Funds. In the event Federal Funding is available, Horry County requires compliance with all federal rules and regulations related to such funding.

Submitting a Bid All bids shall be submitted electronically via Horry County’s ebidding software, https://www.bidnetdirect.com/south-carolina/horrycounty: no later than the date and time specified on the cover page. No e-mail, fax, hand-delivered, telephone, or text bid submittals will be accepted.

Pricing must be provided as indicated in the electronic bid software. 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.

The bidder must include the required items listed in the Required Bid Forms Packet or their bid 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.

Examination of Bid Document Prior to submitting a bid, each bidder shall carefully examine the Bidding documents, study and thoroughly familiarize himself with the specifications/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 if any omissions, alteration of form additions not called for, or any irregularities of any kind are shown. The bid shall remain firm for no less than the specified number of calendar days from the date of bid https://nam10.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.horrycountysc.gov%2Fmedia%2Fygbcfubd%2Fcodeandreg.pdf&data=05%7C01%7CLucas.Kaiser%40meadhunt.com%7C4418b9d3b16c44e9c4ec08dac3538dbb%7Cb467145be9b54d22a13d8331f319ce09%7C0%7C0%7C638037060910584558%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=FVGTu1IMI5eAYpDjDXaND8xZbo%2B05fLIuGgu5ZUO1%2BE%3D&reserved=0 https://www.bidnetdirect.com/south-carolina/horrycounty submission 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).

Drawings/Maps will be obtained in the ebidding software unless otherwise specified.

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 that is required to complete the construction specified.

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.

Questions / Addendum All questions must be submitted via Horry County’s ebidding software prior to the last day for questions as specified on the cover sheet for this IFB. Each question should be submitted individually within the “Q&A” section of the electronic bid software. All questions will be answered in the form of an addendum in the ebidding software. If it becomes necessary to revise any part of this IFB, an addendum will be published. All amendments issued by Horry County must be acknowledged by the bidder. It shall be the Bidder’s responsibility to ensure he has all addenda which have been issued by visiting Horry County’s ebidding software https://www.bidnetdirect.com/south-carolina/horrycounty

Potential and actual bidders are not permitted to contract 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 IFB 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 bid and other penalties as applicable.

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

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

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.

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

Bidder’s Representation By the act of submitting a bid for the proposed contract, the bidder represents that the bidder and all subcontractors the bidder intends to use have carefully and thoroughly reviewed the drawings, specifications and other construction contract documents and have found them complete and free from ambiguities and sufficient for the purpose intended. The bidder and all workmen, employees and subcontractors the bidder intends to use are skilled and experienced in the type of construction represented by the construction contract documents bid upon. Neither the bidder nor any of the bidder’s employees, agents, intended suppliers or subcontractors have relied upon any verbal representations, allegedly authorized or unauthorized from the owner, or the owner’s employees or agents including architects, engineers or consultants, in assembling the bid figure. The bid figure is based solely upon the construction contract documents and properly issued written addenda and not upon any other written representation.

Bid Bond Bid Bond 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.

Each Bid must be accompanied by a Bid Bond made payable to Horry County in an amount of five percent (5%) of the Base Bid (excluding alternates and/or optional bid items). The Bid Bond Form and Powers of Attorney (POA) must be completed and submitted in Horry County’s electronic bid software. Bid Bonds must be duly executed by the bidder as principle and issued by a surety authorized to conduct business in the State of South Carolina.

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

Performance Bond 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.

A performance bond in the amount of 100% of the contract price shall be required.

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 proposal shall be rejected, its bid proposal security shall be enforced. 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 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.

A payment bond in the amount of 100% of the contract price shall be required.

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 proposal shall be rejected, its proposal security shall be enforced. 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 payment bond to lapse.

Liquidated Damages Contractors shall complete 100% of the improvements within the number of calendar days specified within the Comments to Project, ($1,000.00 per day liquidated damages) from the date of 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 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 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.

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

Unit Prices Unit prices are requested for items in the bid. Each bidder shall include it’s prorate 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. 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 When applicable, Horry County currently pays eight percent (8%) sales tax. The tax rate for the City of Myrtle Beach is nine percent (9%). The County is NOT sales tax exempt. Horry County is required to pay South Carolina Sales Tax. Sales Tax is expected to be include in the bidder’s electronic bid submittal.

Deviations Any deviations from the scope of work indicated herein must be submitted in writing and clearly noted and explained in detail on a separate form and attached to the submitted bid.

Otherwise it will be considered that items offered are 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 purchase order/contract has been awarded; otherwise, the responsibility for such changes shall be with the bidder. Verbal information obtained otherwise will not be considered in awarding of bids.

Horry County reserves the right to reject any or all bid proposals. It further reserves the right to waive technicalities and informalities in bids as well as to accept in whole or in part such bid or bids where it deems it advisable in protection of the best interest of the County of Horry, South Carolina. The County will be the sole judge as to whether bids submitted meet all requirements contained in this IFB.

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. Commercial General Liability coverage shall provide minimum limits of liability of $1,000,000 per occurrence. This shall include coverage for premises/operations, products/completed operations, contractual liability, and independent contractors. Commercial Auto Liability shall include a minimum limit of $1,000,000 combined single limit for bodily injury and property damage for vehicles used in premises/operations. Professional Liability insurance shall be provided with minimum liability limits of $1,000,000 per occurrence (in addition to Commercial General Liability insurance) by professional services such as accountant, attorney, architect, design, engineering and most consultants that involve errors and omissions exposure protection. Horry County shall be named as an Additional Insured on all General Liability policies and expressed on the Certificate of Liability Insurance. Certificate Holder for Certificate of Insurance must be: Horry County, Attention: Risk Management, P.O. 997 Conway, SC 29528. 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. It is the responsibility of the vendor/contractor to ensure all subcontractors comply with all insurance requirements of this solicitation and the resulting contract.

Contract Requirements Review Meeting(s) 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. The General Contractor’s designated Project Manager, Superintendent and Estimator shall be required to attend this meeting(s). The Project Manager, Superintendent, and Estimator for all Sub-Contractors must attend.

Additional review meetings including technical (field) representatives from the major suppliers may also be required. The Sub-Contractor’s Project Superintendent shall lead that portion of the meeting that addresses their particular trade.

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 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.

https://www.horrycountysc.gov/media/ygbcfubd/codeandreg.pdf.

Disaster/Emergency Clause It is anticipated that 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 9 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 this IFB. In determining the lowest responsive and responsible bidder, the County will consider/evaluate the bidder’s past and current performance of other County contracts and the bidder’s existing work load, to include quality of work and timely completion of the performance schedule. The bidder must include all of the required forms in the required bid forms packet, signed and filled out correctly or their 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. The successful bidder agrees to enter into a contract with the County substantially similar to the attached “Sample Contract.”

Term of Contract The term of this contract shall be the amount of time specified within the Comments to Project. The effective date of the contract shall be the date of the County’s signature. The successful bidder will execute and abide by the contract referred to herein.

Non Appropriation of Funds If (a) sufficient funds are not budgeted or appropriated and budgeted by Horry County Council in any fiscal period for payment of costs and fees and (b) Horry County has exhausted all funds legally available for such payment costs and fees due under this agreement or any renewal thereof, then Horry County will give awarded Provider reasonable written notice and this Agreement will terminate as of the last day of Horry County’s fiscal period for which funds for payment are available. Such termination with notice is without any expense or penalty.

Local Vendor Preference https://nam10.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.horrycountysc.gov%2Fmedia%2Fygbcfubd%2Fcodeandreg.pdf&data=05%7C01%7CLucas.Kaiser%40meadhunt.com%7C4418b9d3b16c44e9c4ec08dac3538dbb%7Cb467145be9b54d22a13d8331f319ce09%7C0%7C0%7C638037060910584558%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=FVGTu1IMI5eAYpDjDXaND8xZbo%2B05fLIuGgu5ZUO1%2BE%3D&reserved=0

Local Vendor Preference affidavit and required documentation MUST be submitted WITH a vendor’s SEALED BID to be considered, per Horry County Council Resolution # 116- 13. Please see attached documentation.

Grievance / Bid Protest Any actual or prospective responde r , bidder, offeror, or awardee of a contractor agreement who aggrieved in connection with the solicitation 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/ygbcfubd/codeandreg.pdf.

Contract Changes Contract terms and conditions shall not be changed unless by change order. Change must be deemed allowable, allocable, within the scope of its grant or cooperative agreement, 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 available within Horry County Procurement Regulation Subchapter 13-3: Post Award Issues.

This procurement (IFB) does not commit the County of Horry to award a contract, to pay any costs incurred in the preparation of the bid proposal, or to procure or contract for goods or services listed herein.

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.

https://www.horrycountysc.gov/media/ygbcfubd/codeandreg.pdf

Legal Statement Disclose 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.

END OF SECTION

SECTION 0300 – REQUIRED BID FORMS

Separate downloadable file in BidNet

See Required Bid Forms Packet pdf

COMMENTS TO THE PROJECT

Horry County intends to make the improvements at the location shown on the plans. The Contractor is to include in his bid all work necessary to complete the listed items and other work reasonably intended and/or is shown on the plans.

The Contractor should consider the following information in making his bid:

1. The bid item Mobilization price shall not exceed 5% of the total bid amount.

2. Local Vendor Preference - Local Vendor Preference affidavit and required documentation

MUST be submitted WITH a vendor’s SEALED BID to be considered, per Horry County Council Resolution # 116-13. Please see attached documentation at the end of this section (Section 0300).

3. Directions to the Wampee Convenience Center: This project is located off Hwy 90, approx.

.08 west of Hwy 57.

4. Project Completion Time: One – Hundred Eighty (180) calendar days. Time for completion will begin when the Notice to Proceed is issued. ($1,000.00 per day liquidated damages)

5. The contractor should be aware of and adhere to all Special Provisions that are specific to this project which are attached in the appendix section, “Special Provisions.” These special provisions include items that are typical to Horry County Road construction projects.

6. Bidders should make note of the REVISED seeding requirements in Section- 2600 –

Seeding.

7. Contractor shall provide a work schedule for review/approval by Horry County Engineering or a representative on their behalf during the preconstruction meeting.

8. All work in SCDOT ROW shall conform to SCDOT latest Specifications, Supplemental

Specifications, and Supplemental Technical Specifications.

9. An asbestos survey is currently being completed for the existing house on the site. IF any asbestos is found, the abatement will be handled under separate contract by Horry County. Any abatement work, IF required will happen concurrently with the completion of the work covered under this contract so that the demolition and removal of the existing house and all of its utilities can be completed concurrently with the sitework and installation of turn lanes for this project.

10. All materials used shall be approved and meet the requirements listed on the SCDOT

Qualified Products Listing. Any material placed that does not meet the above criteria may be required to be removed and replaced at the Contractor’s expense.

11. Any existing utilities shown are approximate only. Contractor is responsible for locating all existing utilities prior to the start of construction. Coordinate and work with appropriate utility companies (pot holing utilities) to determine if relocation is required.

Repair of any damage to existing utilities or structures due to the construction process, including but not limited to buildings, landscaping, sidewalks, curbing, pavement, pipelines, etc. (These items are to be included in the closest related unit price listed in the bid schedule.)

12. The Contractor will be responsible for maintaining the area of the project limits from the time the Notice to Proceed is received until the end of the Warranty Period.

13. Contractor shall be responsible for having a superintendent on the site at all times with the responsibility for, and the authority to direct the work.

14. The successful Bidder shall complete a minimum of 70% of the contract work.

15. All sub-contractors must be approved in writing by the Owner and must provide a non-collusion affidavit and an insurance certificate prior to any construction.

16. Storm drainage pipe prices shall include all work deemed necessary by the Contractor to install the pipe which includes but is not limited to removal of existing storm drain pipe, back filling, trench sheeting, benching, trench boxes, dewatering, etc. All joints are to be wrapped with filter fabric.

17. All work will be coordinated with the Office of the County Engineer, or a designated representative of Horry County. Contractor shall give the County 48-hour notice prior to work being done. The County shall designate a project manager for the work. The project manager shall have the responsibility for, and the authority to direct the work.

All decisions from the designated project manager shall be final.

18. Access to adjacent properties shall be maintained to the maximum extent possible during construction. Short interruptions to access are permissible but shall not be allowed for more than one hour at a time.

19. A one (1) year warranty is required on all materials and workmanship in this contract.

The contractor’s performance bond shall remain in place for the entire warranty period.

20. All excess material, i.e., excavation, trees, brush, debris, etc., shall be removed from the site and disposed of at the contractor's expense (this item of work should be included in the closest related unit price item listed in the bid schedule). Burning material will not be permitted.

21. Erosion control and final stabilization is solely the contractor’s responsibility. Site conditions may require different and/or additional measures other than what is shown on the plans. Final payment will not be made until the site is stabilized and a good stand of grass (70% coverage) is established. No clover of any kind shall be used for permanent cover.

22. Payment will be provided only for work that is completed on a unit cost basis as indicated in the bid schedule. Lump sum items may be paid based on percentage completed at the time that the application for payment is submitted. Horry County will retain 10% from each application for payment.

23. The County of Horry reserves the right to require complete removal and replacement of work in place or retain any portion of payment, deemed appropriate by the County Engineer, from payment to the contractor due to any product workmanship or deficiencies that do not meet the expectations of Horry County herein.

24. The Contractor shall setup and maintain traffic control, as required, at all times.

25. The Traffic Control bid item: This shall include any/all items necessary (signs, flags, barrels, cones, etc.) to provide proper flagging operations, temporary lane closures, permanent construction signs, etc. All permanent construction signs shall be new or like new signs, to be determined by the engineer, before placement and shall be properly installed and maintained according to SCDOT Standard Drawings Section 605-000.

26. The Permanent Signage bid item: The contractor shall be responsible for ensuring that all existing signs have reflectivity type 3. Any signs not having reflectivity type 3 shall be replaced by the contractor as instructed by the onsite engineer. All signs shall be placed in accordance with the MUTCD and SCDOT Standard Drawings. All signs should be installed as soon as construction phasing allows to ensure the safety of the driver and will not cause confusion to the driver.

27. Bids shall remain firm for Sixty (60) days from Bid Closing date, as specified on ebidding software for this project.

28. Awarded Contractor shall be required to provide Certificate of Insurance(s) with insurances as described within IFB document. Horry County must be named as Additional Insured. Certificate Holder address must be:

Horry County

ATTN: Risk Management

PO BOX 997

Conway, S.C. 29528

29. The County may elect to conduct a video inspection for all stormwater pipes, junction boxes and catch basins. The contractor is responsible for ensuring all drainage structures to be inspected are clean of silt, debris and are not holding water immediately prior to the scheduled inspection. Paving activities will not be scheduled until all remediation efforts are complete to the satisfaction of the County.

30. Contractor shall install all commercial plumbing and electrical in accordance with all Horry County Building Codes, also contractor will be responsible for notifying Horry County Code Enforcement for all necessary inspections. Contractor shall get all required Horry County Permits, fees for required permits will be waived. Any work that is deemed unsatisfactory due too failed inspections will be the responsibility of contractor to correct at no cost to Horry County.

31. Contractor is responsible for meeting all requirements of the SCDOT Permit, including providing the As-builts.

32. No fuel adjustments will be authorized on this project, including asphalt adjustment.

SECTION 0400 CONTRACT FORMS

� Notice of Award

� Contractor Agreement

� Performance Bond

� Legal/Litigation Statement Form

� Labor and Material Payment Bond

� Notice to Proceed

� Application for Payment

� Change Order

NOTICE OF AWARD

TO: Contractor 1 one St.

Town, SC 20000

RE: IFB 20XX-XX-XXX

The OWNER has considered the BID submitted by you for the above described WORK dated day of month 20XX.

You are hereby notified that your BID has been accepted for the Total Bid Amount of $ 000,000.00.

You are required by the Information for Bidders to execute the CONTRACT AGREEMENT and furnish the required CONTRACTOR’S PERFORMANCE BOND, PAYMENT BOND (Labor and Materials) and CERTIFICATES OF INSURANCE within TEN (10) calendar days from the date of this Notice to you.

If you fail to execute said Agreement and to furnish said BONDS within TEN (10) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising out of the OWNER’s acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law.

You are required to return an acknowledged copy of this NOTICE OF AWARD to the

OWNER.

Dated this Day of, Month 20XX.

HORRY COUNTY, OWNER

BY:

TITLE: Assistant County Administrator

STATE OF SOUTH CAROLINA )

) CONTRACTOR AGREEMENT

COUNTY OF HORRY )

THIS AGREEMENT is made this __ day of __________________, 20___, by and between Horry County, a political subdivision of the State of South Carolina, whose Administrative Office is at 1301 Second Avenue, Conway, SC 29526 hereinafter called “OWNER” _____________ a South Carolina Corporation, hereinafter called the “CONTRACTOR” (each a “Party” and collectively with OWNER the “Parties”).

WITNESSETH, that the CONTRACTOR and the OWNER, for the consideration set forth below, hereby covenant and agree as follows:

Article 1. Scope of the Work.

The CONTRACTOR shall furnish all of the materials and perform all of the work (collectively the “Work”) to complete Description & Bid # located at _________________(“Site”) shown and described under Contract Documents below.

Article 2. The Contract Price.

OWNER shall pay CONTRACTOR a maximum contract price of _____________________dollars and XX/100 ($XXX,XXX.XX) for completion of the Work in accordance with the Contract Documents and as shown on the Bid Schedule, subject to additions and deductions pursuant to authorized change orders agreed to in writing by the Parties. Payments shall be made periodically as work progresses and is approved by OWNER as contemplated in Article 4 below.

Article 3. Time for Completion.

The Work to be performed under this Contract shall be commenced when OWNER issues a written notice to proceed with the Work (“Notice to Proceed”) and shall be substantially completed within ________days of the Notice to Proceed (“Time for Completion”). Time is of the essence in performance of this agreement.

CONTRACTOR and OWNER recognize that time is of the essence and OWNER will suffer financial loss if the Work is not completed within the time specified with any extensions allowed by the Contract Documents.

CONTRACTOR and OWNER also recognize the delays, expense, and difficulties in quantifying and proving in a legal proceeding 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 (and not as penalty), CONTRACTOR shall pay OWNER _________dollars and no/100 ($XXX.xx) for each calendar day that expires after the completion date. CONTRACTOR also acknowledges that failing to complete the Work within the Time for Completion could result in a carry over into OWNER’s next fiscal year thereby triggering Termination due to Non-Appropriation as contemplated by Article 10 herein.

Article 4. Progress Payments.

OWNER shall make progress payments on account of the Contract Price on the basis of the CONTRACTOR’s application for payment in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents.

Article 5. OWNER and CONTRACTOR’s Representations.

In order to induce OWNER and CONTRACTOR to enter into this Agreement, CONTRACTOR and OWNER make the following representations:

1. OWNER has the lawful authority required under State law and County Ordinances to enter into and perform this Agreement.

2. OWNER shall not offer employment to any employee of CONTRACTOR for a period of two (2) years after the termination of this Agreement.

3. CONTRACTOR has all necessary licenses and consents required to enter into and fully perform the Work required by the Contract Documents and is in good standing in the State of South Carolina.

4. CONTRACTOR has examined and carefully studied the Contract Documents.

5. 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.

6. CONTRACTOR is familiar with and is satisfied as to all applicable, relevant and appropriate federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work.

7. CONTRACTOR has considered the information known to CONTRACTOR;

information commonly known to contractors doing business in Horry County, information and observations obtained from visits to the site, the Contract Documents, and any site related reports and drawings identified in the Contract Documents with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including any specific means, methods, techniques, sequences and procedures of construction expressly required by the Construction Documents; and (3) CONTRACTOR’S safety precautions and programs. Based on the information and observations, 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 Time of Completion, and in accordance of other terms and conditions of the Contract Documents.

8. CONTRACTOR is aware of the general nature of any work that may be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents and does not require any additional information to ensure CONTRACTOR meets its obligations in the Contract Documents.

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

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

11. CONTRACTOR shall properly withhold from all wages, commissions, salaries, and fees paid by CONTRACTOR to third parties or employees, agents, or sub-contractors of CONTRACTOR, all amounts required by State or Federal law to be withheld for or on account of taxes, social security payments, or other withholdings mandated by law or regulation.

12. CONTRACTOR shall comply with all lawful demands made pursuant to the South Carolina Freedom of Information Act, S.C. Code § 30-4-10 et seq. or the Federal Freedom of Information Act, 5 U.S.C.S.

§ 552.

13. CONTRACTOR shall make no offer of employment to any County employee for a period of two (2) years after the termination of this Contract.

Article 6. Contract Documents.

The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR consist of the following:

1. Section 00100 – Invitation to Bidders

2. Section 00200 – Instruction to Bidders

3. Section 00300 – Bid Forms (consisting of Non-collusion Affidavit of Prime Bidder, Bid Bond, Proposal of Contractor, Bid Schedule, and Comments to the Project)

4. Section 00400 – Contract Forms (consisting of Contract Agreement, Performance Bond, Payment

Bond, Notice to Proceed, Application of Payment Form, and Change Order Form)

5. Section 00600 – Supplementary Conditions

6. Section 00700 General Construction Contract Terms and Conditions

7. Drawings prepared by or on behalf of ___________________

8. Specifications prepared or issued by Horry County Engineers Office.

9. 0 Addenda:

No. _______________, dated __________________ No. _______________, dated __________________

Article 7. Indemnification.

The CONTRACTOR will indemnify and hold harmless the OWNER and its agents and employees from and against all claims, damages, losses and expenses, including attorney's fees arising out of or resulting from the performance of the Work provided that any such claims, damage, loss, or expense is attributable to bodily injury, sickness, disease or death, injury to or destruction of tangible property, including the loss of use resulting therefrom, and is caused by any negligent or willful act or omission of the CONTRACTOR, and anyone directly or indirectly employed by it or anyone for whose acts any of them may be liable. In any and all claims against the OWNER or any of their agents or employees by an employee or subcontractor of the

CONTRACTOR, and anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way to the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR under the workman’s compensation acts, disability benefit acts, or other employee benefit acts. The obligation of the CONTRACTOR under this paragraph shall not extend to the liability of the OWNER or its agents or employees arising out of reports, surveys, change orders, designs, or specifications that are un-attributable to the CONTRACTOR.

Article 8. Insurance.

CONTRACTOR represents that it has purchased and agrees that it will keep in force, for the duration of the performance of the work, or for such longer term as may be required by this Agreement, in a company or companies lawfully authorized to do business in the State of South Carolina, such insurance as will protect general liability and the OWNER from claims for loss or injury which might arise out of, or result from, CONTRACTOR’s operations under this project, whether such operations be by CONTRACTOR or by a subcontractor or its subcontractors. CONTRACTOR represents and agrees that such insurance is written for and shall be maintained in an amount not less than the limits of the liability specified in the Contract Documents or required by law, whichever coverage is greater. CONTRACTOR certifies that coverage written on a “claims made” form will be maintained without interruption from the commencement of work until the expiration of all applicable statutes of limitation.

CONTRACTOR shall have its insurer or agent file Certificates of Insurance, naming the OWNER as additional insured, in duplicate, prior to commencement of work, which shall contain a provision that coverages under the policies shall not be cancelled or allowed to expire or permit material changes until at least ten (10) days written notice of been given to additional insured.

Article 9. Independent Contractor Status

CONTRACTOR shall not, by entering into this Agreement, become a servant, agent, or employee of OWNER, but shall remain at all times an independent contractor to OWNER. This Agreement shall not be deemed to create any joint venture, partnership, or common enterprise between CONTRACTOR and OWNER, and the rights and obligations of the parties shall not be other than as expressly set forth herein.

Article 10. Termination for Non-Appropriation

Notwithstanding any other provision herein, the OWNER may terminate this Contract, in whole or in part, for non-appropriation of sufficient funds to complete or partially complete the Project in the following fiscal year after execution of this agreement, regardless of the source of such funds, and such termination shall be in accordance with the relative terms set forth in Article 11 below.

Article 11. Termination in General

1. If the termination is for the convenience of the OWNER, an equitable adjustment in the Contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. The CONTRACTOR shall incur no further obligations in connection with the work so terminated, other than warranties and guarantees for completed work and installed equipment, and the CONTRACTOR shall stop work when such termination becomes effective. The CONTRACTOR shall also terminate outstanding orders and subcontracts for the affected work. The CONTRACTOR shall settle the liabilities and claims arising out of the termination of subcontracts and orders. The OWNER may direct the CONTRACTOR to assign the CONTRACTOR 's right, title and interest under termination orders or subcontracts to the County or its designee. The CONTRACTOR shall transfer title and deliver to the County such completed or partially completed work and materials, equipment, parts, fixtures, information and Contract rights as the CONTRACTOR has in its possession or control.

CONTRACTOR further agrees to provide or acquire, as may be necessary, any lien waivers or releases from CONTRACTOR or its subcontractors as may be required by OWNER.

2. If the termination is due to failure to fulfill the CONTRACTOR’s obligations, the OWNER may take over the work and prosecute the same to completion by Contract or otherwise. In such case, the CONTRACTOR shall be liable to OWNER for any additional cost occasioned to the OWNER thereby.

If, after notice of termination for failure to fulfill the Contract obligations, it is determined that the CONTRACTOR had not so failed, the termination shall be deemed to have been affected for the convenience of the OWNER. In such event, adjustment in the Contract price shall be made as provided in Subsection 11.1 above.

3. The rights and remedies of the OWNER provided in this Article are in addition to any other rights and remedies provide by law or under this Contract.

4. Notwithstanding any other provision contained herein, any violation or breach of terms of this Contract on the part of the CONTRACTOR or their subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the parties of this Contract. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law.

5. In order to Terminate this Agreement under this Article XI, the terminating Party must deliver thirty

(30) days written notice to the non-terminating Party specifying the reason and provision within this Agreement justifying such termination.

Article 12. Notice to Parties

All notices to each party to this Contract, except routine notices of performance of the Work during the Agreement term, shall be in writing, and sent as follows:

To OWNER:

Horry County Conway, SC 29526 (Tel:_______; fax: ________) with a copy to:

Horry County Attorney

1301 Second Avenue Conway, SC 29526 (Tel: 843-915-5270; fax: 843-915-6270)

To Provider:

(Tel:_______; fax: ________)

Article 13. Assignment.

CONTRACTOR shall not assign, permit the…