IFB Document 2025-26-016.pdf

IFB 2025-26-016 Oak Crest Circle Pipe Replacement

INVITATION FOR BIDS (IFB)

and

Specifications and Contractual Requirements For

Oak Crest Circle Pipe Replacement Horry County, South Carolina

IFB #2025-26-016

Due: 2:00 p.m. EST, Monday, October 20, 2025

The Following Applies to this Solicitation:

• Questions Acceptance Deadline: 2:00 p.m. EST, Monday, October 13, 2025

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

DIVISION 0

CONTRACT INFORMATION and DOCUMENTS

SECTION 0100- ADVERTISEMENT

INVITATION FOR BID (IFB)

Horry County Government is requesting bids for IFB #2025-26-016, Oak Crest Circle Pipe Replacement. Bids will be submitted via Horry County’s electronic bid software no later than 2:00 p.m., EST, Monday October 13, 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.

There will be NO Pre-Bid Meeting conducted for this project.

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:

Ms. Carol Durham

843-915-5380

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

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

SECTION 0200-INSTRUCTION TO BIDDERS

2.1 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.

2.2 Standards of Conduct

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 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. Verbal information obtained otherwise will not be considered in awarding of bids.

2.3 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.

2.4 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.

2.5 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.

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

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

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.

2.6 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 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 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.

2.7 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.

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.

2.8 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.

2.9 Mistakes in Bid

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

2.10 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 in Required Forms Packet.

2.11 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.

2.12 Examination of Bid Document

Prior to submitting a bid, each bidder shall carefully examine the Bidding documents, study and thoroughly familiarize themselves 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 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.

This Invitation for Bids may be postponed or canceled at any time prior to the bid due date and time. In the event that the Invitation for Bids is postponed or cancelled, an addendum shall be issued communication such action.

2.13 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.

2.14 Legal Statement / Litigation 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.

2.15 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.

2.16 Insurance / Liability Coverage

The successful bidder shall provide proof of all required insurance(s), including worker’s compensation, automobile liability and general liability. Worker’s compensation shall include a minimum limit of $100,000 per accident and comprehensive 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 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 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. It is the responsibility of the vendor/contractor to ensure all subcontractors comply with all insurance requirements of this solicitation and the resulting contract.

2.17 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.

2.18 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 and its bid security shall be enforced. The bond shall be issued from a surety approved to operate in the State of South Carolina. At no time during the contract will it be permissible for the performance bond to lapse.

2.19 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 and its bid security shall be enforced. The bond shall be issued from a surety approved to operate in the State of South Carolina. At no time during the contract will it be permissible for the payment bond to lapse.

2.20 Term of Contract

The effective date of the contract shall be the date of the County’s signature. The successful bidder will execute and abide by the attached Sample Contract.

2.21 Time of Completion

Time of Completion for construction shall be sixty (60) calendar days. The successful bidder shall start the work no later than sixty (60) calendar days after the issuance of the Notice-to-Proceed (NTP).

2.22 Contract Award

Award of contract will be to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the IFB and deemed most advantageous to the County. In determining the lowest responsive and responsible bidder, the County will consider/evaluate the bidders’ past and current performance of other County contracts.

This solicitation does not commit the County to award a contract, to pay any costs incurred in the preparation of the bid proposal, or to procure or contract for goods of services listed herein. Costs associated with bid proposal preparation, oral interviews or presentations shall be the sole responsibility of the bidder.

Horry County reserves the right to reject any or all bid proposals and further reserves the right to waive technicalities and formalities in bid proposals as well as to accept in whole or in part such bid proposal or bid proposals where it deems it advisable in protection of the best interest of the County. The County shall be the sole judge as to whether bid proposals submitted meet all requirements contained in this procurement.

2.23 Payment Terms

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

2.24 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.

2.25 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.

2.26 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.

2.27 Grievance / Bid Protest

Any actual or prospective responder, 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.

2.28 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.

2.29 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.

Remainder of this page intentionally left blank.

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

SECTION 0300 – REQUIRED BID FORMS

Separate downloadable file in BidNet

See Required Bid Forms Packet pdf

SECTION 0400 – SCOPE OF WORK & SPECIFICATIONS

4.1 Investigation and Planning

A. The contractor shall conduct a thorough site investigation of the proposed pipe replacement locations to verify site conditions, alignment, invert elevations, and potential conflicts.

B. THE CONTRACTOR SHALL SUBMIT AN ITEMIZED BID SCHEDULE OUTLINING THE COST OF EACH

INDIVIDUAL PIPE REPLACEMENT.

4.2. Execution

A. Prepare the work site, including dewatering as necessary. Dewatering should be conducted through an SCDOT approved BMP, and shall be used appropriately to minimize the risk of damage to property.

B. At 375 Oak Crest Circle, remove the existing 18" CPP and install a new 18" RCP shifted approximately

10 feet East, away from the adjacent house, to better center the pipe within the 20-foot drainage easement (10’ left / 10’ right from centerline).

C. Backfill all trenches using appropriate bedding materials and compact in uniform lifts not exceeding 8 inches to 95% maximum dry density in accordance with SCDOT Standard Specifications.

D. Remove and replace any damaged concrete driveways, sidewalks, walk ways, and patios impacted by pipe installation, matching existing grade, dimensions, and finish.

E. Repair or replace irrigation components within the disturbed area using in-kind materials to restore full original capacity.

F. Grade disturbed areas using a minimum 4" of select fill (no mulch), and stabilize with centipede sod or grass type similar to existing.

G. If existing structures are removed within the limits of disturbance, they shall be replaced in-kind unless otherwise directed.

H. Replace and Install Rip Rap outlet/inlet protection with geotextile fabric and rip rap.

4.3. Compliance and Stabilization

A. The contractor shall ensure compliance with all applicable state and local stormwater Best Management Practices (BMPs).

B. Contractor is responsible for erosion control, daily site cleanup, and maintaining a safe work environment throughout the duration of the project.

C. Contractor shall coordinate with property owners regarding access, irrigation, and restoration.

4.4. Project Location and Comments

375 Oak Crest Circle – Myrtle Lake North, Longs South Carolina

The project includes replacing approximately 100 linear feet of existing 18” CPP pipe with 18” RCP. The new pipe shall be shifted approximately 10 feet East of the current alignment to be centered within the existing 20-foot drainage easement (10 feet left / 10 feet right of centerline). Contractor shall remove existing CPP Up to the limits practicable and as closed to the residential structure as safely achievable remaining pipe shall be capped and abandoned in place with flow able fill at discretion of the contractor. The contractor shall restore all disturbed concrete, irrigation, and sod areas. Existing wood piling retaining wall should be retaining wall damaged by proposed work should be restored to like original condition. Existing crape myrtle tree shall be replaced with like color. Rip rap and geotextile outlet protection shall be replaced as part of this scope.

BID SCHEDULE

Pipe Replacement Projects

ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT

Oak Crest Circle (375) 1 LS $ $

BID TOTAL $

COMPANY ____________________________________________________________

ADDRESS ____________________________________________________________

AUTHORIZED SIGNATURE _____________________________________

PHONE ____________________ EMAIL ___________________________

375 Oak Crest Circle

SECTION 0500 CONTRACT FORMS

□ Notice of Award

□ Contractor Agreement

□ Performance Bond

□ 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

Article 2. The Contract Price.

OWNER shall pay CONTRACTOR a maximum contract price of 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.

dollars and XX/100 ($XXX,XXX.XX)

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 0100 - Invitation to Bidders

2. Section 0200 - Instruction to Bidders

3. Section 0300 - Bid Forms (consisting of Non-collusion Affidavit of Prime Bidder, Bid Bond, Proposal of Contractor, Bid Schedule, and Comments to the Project)

4. Section 0400 - Scope of Work & Specifications

5. Section 0500 - Contract Forms (consisting of Contract Agreement, Performance Bond, Payment Bond, Notice to Proceed, Application of Payment Form, and Change Order Form)

6. Section 0600 - Supplementary Conditions

7. Section 0700 - General Construction Contract Terms and Conditions

8. Drawings prepared by or on behalf of .

9. Specifications prepared or issued by or on behalf of Horry County Engineers Office.

10. 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 assumption of or in any manner transfer any interest in this Agreement, or any part thereof, without the prior written consent of the OWNER. If CONTRACTOR assigns, permits the assumption of or in any manner attempts a transfer of its interest in this Agreement, OWNER, in its sole discretion, may declare this entire Agreement null and void.

Article 14. Jurisdiction and Venue.

CONTRACTOR agrees that jurisdiction over any dispute arising under or in relation to this Agreement shall be filed in the Court of Common Pleas in Conway, SC with South Carolina law governing without any reference to any conflict of laws provision and that any subcontract issued by CONTRACTOR shall contain this same provision.

Article 15. Compliance with EEOC and other State and Federal Laws.

CONTRACTOR shall comply with the provisions and affirmatively warrants that CONTRACTOR is currently in compliance with the following laws, and further warrants that during the term of this Contract, CONTRACTOR shall remain in compliance to the extent set forth within the respective statute or regulation:

Titles VI & VII of the Civil Rights Act of 1964;

Age Discrimination in Employment Act of 1967;

Title I of the Americans with Disabilities Act of 1990;

Equal Pay Act of 1963;

Fair Labor Standards Act of 1938; Immigration Reform and Control Act of 1986;

South Carolina Payment of Wages Act, S.C. Code §§ 41-10-10 et seq.; South Carolina Worker’s Compensation Act, S.C. Code §§ 42-1-10 et seq.;

South Carolina Illegal Immigration Reform Act, including without limitation Chapters 14 & 29, Title 8, and Chapter 8, Title 41, S.C. Code of Laws; and Part 681, Title 16 of the Code of Federal Regulations, Sections 114 and 315 of the Fair and Accurate Credit Transactions Act (FACTA) of 2003; the South Carolina Act 90 of 2008; Financial and Identity Theft Protection Act; and the Horry County Privacy / Identity Theft Policy.

CONTRACTOR, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONTRACTOR shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by 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 County or aggrieved party deems appropriate.

Article 16. Force Majeure and Impossibility of Performance.

Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy.

For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder.

Article 17. Severability.

If any term or condition of this contract or the application thereof to any Party or circumstances is held invalid, this invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this contract are agreed to be severable.

Article 18. Merger, Waiver, and Amendment.

This Contract contains all the terms of all agreements, oral or written, between the parties, and is the only document containing all such terms. This Contract merges all prior contracts, agreements, and understandings between OWNER and CONTRACTOR concerning the Scope of Work described herein.

The Scope of Work described in this Contract, and all other terms of this Contract, shall not be amended or varied except by a written instrument signed by a duly authorized signatory of OWNER and CONTRACTOR. Forbearance by OWNER from enforcing the strict terms of this Contract shall not be a waiver of any other term of this Contract, nor shall such forbearance entitle CONTRACTOR to rely upon such forbearance in the event of another similar breach by CONTRACTOR of the terms of this Contract. Any variance to the terms of this Contract shall be attached as an Exhibit hereto, and shall have effect as from the effective date thereof as set forth on such Exhibit.

IN WITNESS WHEREOF, the parties have executed this Contract in three (3) originals, each of which shall be deemed to be an original on the Effective Date first above written

Signed in the present of:

Witness: Witness:

HORRY COUNTY

(Authorized Signature)

By: By:

PERFORMANCE BOND

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 Obligee, 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)

LABOR AND MATERIAL PAYMENT BOND

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 Obligee, 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…