INVITATION FOR BID (IFB) - Horry County...A. Chain Link Fabric: One piece width, No. 9 gauge...

INVITATION FOR BID (IFB) and

Contractual Requirements for

White Oak Park Fence Repair

BID # 2017-18-026

2:00 p.m., October 4, 2017

Prepared by

Horry County Maintenance Department 307 Smith Street

Conway, South Carolina 29526

And

Horry County Office of Procurement 3230 Hwy. 319 E

Conway, South Carolina 29526

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Contents DIVISION 0 CONTRACT INFORMATION and DOCUMENTS ....................................... 4

SECTION 0100 ................................................................................................................ 5

Advertisement ..........................................................................................................................5

SECTION 0001 SCOPE OF WORK ................................................................................. 6

SECTION 0200 ................................................................................................................ 9

INSTRUCTIONS TO BIDDERS ..........................................................................................10

Examination of Bid document ........................................................................................ 10

Sales Tax ....................................................................................................................... 10

Bid Bond ........................................................................................................................ 11

Performance Bond ......................................................................................................... 11

Payment Bond ............................................................................................................... 11

License ........................................................................................................................... 11

Questions ....................................................................................................................... 11

Addendum to Bid............................................................................................................ 11

Deviations ...................................................................................................................... 12

Contract Award .............................................................................................................. 12

Contract Changes .......................................................................................................... 12

Liability Coverage........................................................................................................... 12

Grievance ....................................................................................................................... 13

Freedom of Information Statement................................................................................. 13

Legal Statement ............................................................................................................. 13

Contract Provisions for Non-Federal Entity Contracts Under Federal Awards ............... 14

SECTION 0300 BID FORMS ......................................................................................... 16

Bid Cover Page ......................................................................................................................17

BID SCHEDULE ..................................................................................................................18

NONCOLLUSION AFFIDAVIT OF PRIME BIDDER.......................................................19

CERTIFICATION OF RESTRICTIONS ON LOBBYING .................................................20

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS............................................................................................21

DRUG-FREE WORKPLACE CERTIFICATION ............................................................. 22

BID BOND ............................................................................................................................23

SECTION 0400 CONTRACT FORMS .......................................................................... 24

NOTICE OF AWARD ..........................................................................................................25

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“SAMPLE” CONSTRUCTION CONTRACT .....................................................................26

PERFORMANCE BOND .....................................................................................................32

LABOR AND MATERIAL PAYMENT BOND ..................................................................34

NOTICE TO PROCEED .......................................................................................................36

APPLICATION FOR PAYMENT ........................................................................................37

CHANGE ORDER ................................................................................................................38

SECTION 0500 GENERAL CONSTRUCTION TERMS AND CONDITIONS ................. 39

SECTION 0600 SUPPLEMENTARY INFORMATION ................................................... 40

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DIVISION 0

CONTRACT INFORMATION and DOCUMENTS

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SECTION 0100

Advertisement

INVITATION FOR BID

Qualified and licensed contractors are invited to submit sealed bids for "White Oak Park Fence Repair” -- BID # 2017-18-026 to Horry County at the Office of Procurement, 3230 Hwy. 319 E, Conway, South Carolina 29526 not later than 2:00 p.m., October 4, 2017. The solicitation document (IFB) and general construction contract terms and conditions can be obtained from the County’s website by visiting http://www.horrycounty.org/Departments/Procurement.aspx.

It is anticipated that any services performed under the resulting contract from this solicitation may be funded by the Federal Emergency Management Agency (FEMA) and is contingent upon funding availability; therefore, all rules and regulations related to the funding source apply, including but not limited to 2 C.F.R. § 200.317 – 326 and Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards with the exception of Part (D) Davis Bacon Act. Local Vendor Preference is not applicable for this IFB. General contract bidders are required to satisfy the requirements described in Section 0200 - Instructions to Bidders. Your firm is required to provide bid security in the sum of no less than five percent (5%) of the bid price. The successful, and awarded bidder will be required to submit Performance and Payment Bonds in the sum of no less than one hundred percent (100%) of the contract amount. Refer to other bidding requirements described in Document 0200 - Instructions to Bidders. Bidders are required to complete the Bid Schedule provided. Bidders may not supplement this form unless otherwise directed. Bidders shall not be permitted to withdraw bids for a period of sixty (60) days after submission. The owner reserves the right to accept or reject any or all bids, and to waive any informalities in the best interests of the County. Horry County, in accordance with the provisions of ALL TITLES of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids 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.

Contact Information for this Project

Direct all questions in writing by email to: Gordon Gould / [email protected] / 843.915.5380

END OF SECTION

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SECTION 0001

SCOPE OF WORK

COMMENTS TO THE PROJECT

Horry County intends to make the improvements at the White Oak Park location. The Contractor is to include in his bid all work necessary to complete the listed items and other work reasonably intended and shown on the drawing. The Contractor should consider the following information and specifications in making his bid:

PART 1 GENERAL

1.1 RELATED DOCUMENTS

A. Sketches, narratives, and general provisions of the Contract, including General and Supplementary Conditions as may be provided in these documents.

1.2 SUMMARY

A. Galvanized steel chain link fencing fabric.

B. Metal fence fittings, posts, and rails.

1.3 RELATED PRODUCTS: The following products are related to this work:

A. Concrete: See 2.3.A.1. of this Specification.

1.4 GENERAL: The successful Bidder shall submit the following to the Owner for review before construction commences (demolition may proceed during this review):

A. Product data in the form of manufacturer's technical data, specifications, and installation

instructions for fence, fabric, and accessories.

B. Detailed shop drawings of the backstop, indicating the location of all fencing, each post, and details of post installation, extension arms, hardware, and accessories. Drawings shall be fully dimensioned.

C. Fence and backstop heights shall be indicated on the drawings.

D. Any deviation from these requirements must be approved in writing by the Owner prior to the bid.

1.5 QUALITY ASSURANCE

A. Single-Source Responsibility: Obtain chain link fences as complete units produced by manufacturer, including necessary erection accessories, fittings, and fastenings from a single source or manufacturer.

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B. All chain link fencing shall be in accordance with the Chain Link Fence Manufacturer's Institute.

C. Installation performed only by experienced chain link fence installers.

PART 2 PRODUCTS

2.1 MATERIAL

A. Chain Link Fabric: One piece width, No. 9 gauge aluminized steel wire core. Full height fabric up to 10’-0”; four square inch (2 x 2) diamond mesh. ASTM A 491 – 9 gauge, 0.4 oz./sf. Fabric for athletic fields shall be placed on the field side (inward-facing) side of the fence. 1. Finish: aluminized steel chain link fabric; 2. Selvages: Top and bottom selvages to be knuckled. Do not extend fabric above the top rail.

B. Framework: Provide round pipe, except as otherwise indicated.

1. Galvanized steel pipe, Schedule 40.

C. Fittings/Hardware: 1. Galvanized steel.

2.2 COMPONENTS (HEAVY INDUSTRIAL FENCE) *These sizes are nominal sizes - Schedule 40.

A. End, corner, and pull post: up to 8'-0" fabric height.

1. 6 5/8" OD

B. Line posts: up to 8’-0" fabric height. 1. 4” OD

C. Top, bottom, and brace rails 1. 1 5/8” OD

D. Post caps: Post caps shall consist of standard post caps of matching size and material to that of the post.

E. Backstop Posts:

1. For 33’ height: 6 5/8’’ O.D. for corner and end posts; 4” O.D. for line posts

2.3 CONCRETE

A. All concrete for post installations shall be a minimum 2,500 psi mix. Concrete shall not be placed during freezing weather (minimum 40 degrees and rising). Mixing and placement of concrete shall be in accordance with ACI recommendations. 1. In lieu of 2,500 psi concrete being manufactured and delivered to the jobsite, the Contractor may,

at his option, utilize a commercially packaged, pre-mixed concrete product equal to “Sakrete High Strength Concrete Mix” (4,000 psi).

PART 3 EXECUTION AND ADDITIONAL INFORMATION

3.1 INSPECTION

A. Examine final grades and installation conditions. Do not start chain link fence system work until unsatisfactory conditions are corrected.

3.2 PREPARATION

A. Perform utility locations and demolition of existing fencing components.

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B. Lay out complete fence line.

3.3 INSTALLATION

A. Provide a rigid, plum, finished fence structure with fabric tight and in tension.

B. Drill post holes into firm, undisturbed, or compacted earth. 1. Hole diameter: minimum (4) times greater than the largest cross section of the post. 2. Post depth: minimum of 36"; greater for heights above 8’-0”. See details. 3. Stop concrete 2" below ground level in turf areas; crowned to shed water if in paved areas. 4. Level excavated post hole soil from the site.

C. Install end, corner, pull, and line posts in concrete foundations.

D. Align each post both vertically and laterally.

1. Set keeps stops, sleeves, and other accessories into concrete as required.

E. Secure all fabric to gate posts, rails or other anchoring material at 15-inch intervals with fasteners of tensile strength at least equal to that of the fence fabric itself. The ends of the wire fasteners should be on the protected side of the fence.

3.4 CLEANING

A. Perform cleaning during the installation of the work and upon completion of the work. Remove from

the site all debris and equipment used for the fencing installation. Level or remove all excavated soils from the site. Repair any damage resulting from the chain link fence system installation.

3.5 NARRATIVE DESCRIPTIONS OF THE WORK:

A. The height of the backstop and wings is to go from dugout to dugout.

B. Dugout posts will remain in place and will be painted by the owner.

C. See sketch included in these documents for additional graphic dimensional information.

D. Narrative White Oak Park, New Home Circle, Conway, SC, 29526 Field 1- The only field on the site.

• New Fencing -The back stop and wing shall be 33’ high and approx. 120’ length.

• Existing Fence to be re-stretched and tied - The remaining existing outfield

fence is 6’ high and is approximately 530’ in length from foul pole to foul pole. The dugouts (2) are approximately 8’ height and approximately 52’ feet of wire each. Each dugout shall have two 3’ wide gates, one that enters from the spectator side and one to enter the field. The right and left field lines beyond the dugouts are approximately a combined 470’ feet in length and 6’high. On the left field line shall include leveling and adjusting a 12’ roll gate.

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SECTION 0200

INSTRUCTIONS TO BIDDERS

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INSTRUCTIONS TO BIDDERS

Sealed bids shall be enclosed and secured in an envelope/package and properly marked and displayed on outside of envelope/package bearing the name, license number (if applicable) and address of bidder, bid number and project identification. No other information shall be included or written on the outside of the bid envelope/package. Horry County shall not be responsible for unidentified bids. No facsimile, email or telephone bids will be accepted. Bids should be addressed to:

Horry County Office of Procurement 3230 Hwy 319 E.

Conway, South Carolina 29526 Hand delivered bids should be delivered to the same above referenced address. Bids shall be submitted no later than 2:00 p.m., on October 4, 2017, in the Office of Procurement at address stated above. Bids received later than the 2:00 p.m. deadline will be considered "LATE BIDS", and will not be accepted. This project may be funded by the Federal Emergency Management Agency (FEMA) and is contingent upon funding availability. Therefore, all rules and regulations related to such funding will apply. Local vendor preference is not applicable for this IFB. It is strongly encouraged that bidders visit the sites that they bid on prior to submittal of bids to ensure accurate repair needs are being assessed, addressed, and priced accordingly. 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. The bidder shall sign his bid correctly. All offers shall be entered in ink or typewritten. 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 not less than sixty (60) calendar days from the date of bid submission. The bidder's name and solicitation number shall be included when specifications or descriptive papers are submitted with the invitation to bid. By submission of a bid, the bidder guarantees that all goods and services meet the requirements of the solicitation. Sales Tax When applicable, Horry County pays eight percent (8%) sales tax, and nine percent (9%) within the city limits of Myrtle Beach. The sales tax shall be shown as a separate entry on the total bid summation. The County is NOT sales tax exempt. Horry County is required to pay South Carolina Sales Tax.

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Bid Bond Bids must be accompanied by a bid security (certified or cashier’s check) made payable to Owner, (County of Horry) in an amount of five (5%) percent of the bidder’s maximum bid price (including all additive alternatives – see Bid Schedule attached) or in the form of a Bid Bond duly executed by the bidder as principal and issued by a surety authorized to conduct business in the State of South Carolina. When bids are awarded, the Procurement Director will return immediately all checks, except those of the successful bidder. Performance Bond A performance bond in the amount of 100% of the contract price shall be required from the successful, and awarded bidder. The performance bond shall be delivered by the contractor to the County at the same time the contract is executed. If a contractor fails to deliver the required performance bond, the contractor’s bid shall be rejected, its bid security shall be enforced, and award of contract shall be made to the next lowest responsive and responsible bidder. The bond shall be issued from a surety approved to operate in the State of South Carolina and shall have a “raised” seal. At no time during the contract will it be permissible for the performance bond to lapse. Payment Bond A payment bond in the amount of 100% of the contract price shall be required from the successful, and awarded bidder. The payment bond shall be delivered by the contractor to the County at the same time the contract is executed. If a contractor fails to deliver the required payment bond, the contractor’s bid shall be rejected, its bid security shall be enforced, and award of contract shall be made to the next lowest responsive and responsible bidder. The bond shall be issued from a surety approved to operate in the State of South Carolina and shall have a “raised” seal. License 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 should be licensed to do business here, if awarded the contract. Failure to comply will be automatic grounds for rejecting the proposal as non-responsive. 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. Questions All questions must be submitted in writing to [email protected]; attention Procurement Director. Proper reference to this Invitation for Bid (IFB) is required. The deadline for submitting questions is September 27, 2017 at 5:00 p.m. All changes in specifications shall be in writing in the form of an addendum. Verbal information obtained otherwise will not be considered in awarding of bids. Addendum to Bid If it becomes necessary to revise any part of this invitation for bids, an addendum will be provided in writing to all bidders receiving this invitation for bids. All amendments issued by Horry County must of 41 2017-18-026

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be acknowledged in writing by bidder. It shall be the Bidder’s responsibility to ensure he has all addenda which have been issued by visiting the County’s web site: http://www.horrycounty.org/departments/procurement/bids.aspx. 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. 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. Horry County hereby notifies all those responding to this IFB that, in accordance with the provisions of the Civil Rights Act of 1964 (4 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. Contract Award Award of contract will be made to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the IFB and is most advantageous to Horry County. In determining the lowest responsive and responsible bidder, the County will consider/evaluate the bidders’ past and current performance of other County contracts, to include factors such as timely delivery and guaranteed delivery date. The successful bidder will be expected to agree to the provisions contained in the attached “Sample Contract for Construction” by executing a copy of that contract. The bidder must include the following items or their bid proposal may be deemed non responsive; signed Non-Collusion Affidavit, Anti-Lobbying Form, Debarment Certification, Drug-Free Workplace Certification, and Bid Bond. 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. Contract Changes Contract terms and conditions shall not be changed unless by change order. Change must be deemed allowable 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 is available within Section 1060-Contract Changes, using Change Order Form, within this solicitation and also 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. Liability Coverage The successful bidder shall provide proof of all required insurance(s), including worker’s compensation, premises liability and general liability. Worker’s compensation shall include a of 41 2017-18-026

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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. Grievance Any actual or prospective responder who is aggrieved in connection with the procurement or award of a contract may protest to the County Administrator. The protest shall be submitted in writing within fourteen- (14) days after such aggrieved person knows or should have known of the facts giving rise thereto provided that grievance has been made in accordance with solicitation requirements. Any grievance filed shall be made known prior to any bid opening in accordance with invitation to bids. Please reference Subchapter 15-3-Bid Protests of the Horry County Code & Regulation by visiting: http://www.horrycounty.org/departments/procurement/bids.aspx. 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. Legal Statement Responders to this IFB must disclose involvement in any litigation within the last five (5) years in which a claim has been made against any team member (individual or company) asserting a cause of action other than Employment issues or Contracts not related to your professional work. Explain the issues in these cases (or the fact there are none) as part of your submittal. Please submit one (1) original and one (1) additional copy of bid response.

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Required

Contract Provisions for Non-Federal Entity Contracts Under Federal Awards

In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable.

(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.

(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). The Davis-Bacon Act only applies to the emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. It does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program.

(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

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(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

(J) See §200.322 Procurement of recovered materials.

(K) Access to Records (DHS Standard Terms and Conditions, v 3.0, XXVI (2013)) --- The following access to records requirements apply to this contract: (1) The Contractor agrees to provide the Contractee, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcrip6tions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

(L) DHS Seal, Logo, and Flags (DHS Standard Terms and Conditions, v 3.0 XXV (2013)) --- The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.

(M) Compliance with Federal Law, Regulations, and Executive Orders --- This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.

(N) No Obligation by Federal Government --- The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.

(O) Program Fraud and False or Fraudulent Statements or Related Acts --- The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract.

[as per September 26, 2016 amendments]

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SECTION 0300

BID FORMS

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Required Form Bid Cover Page

White Oak Park Fence Repair

BID #2017-18-026

PROPOSAL OF:

______________________________________________________

______________________________________________________

______________________________________________________

(hereinafter called "BIDDER"), organized and existing under the laws of the State of South Carolina).

TO: Horry County c/o Office of Procurement

3230 Highway 319 E. Conway, South Carolina 29526

(hereinafter called "OWNER")

By the act of submitting a bid for the proposed contract, the Bidder represents that: 1. 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; further that,

2. 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; further that,

3. Neither the Bidder not 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; and further that,

4. The Bid figure is based solely upon the construction contract documents and properly issued written addenda and

not upon any other written representation. In compliance with your request for Bids, BIDDER hereby proposes to perform all WORK for the construction of the improvements as shown and called for in the CONSTRUCTION DOCUMENTS in strict accordance with the CONTRACT DOCUMENTS, within the time set forth and for the TOTAL BID AMOUNT stated below after BID SCHEDULE. By submission of this BID, each BIDDER certifies that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to the BID with any other BIDDER or with any competitor. BIDDER hereby agrees, if awarded this contract, to commence WORK under the contract on or before a date specified in the NOTICE TO PROCEED and to fully complete the PROJECT within 90 days. BIDDER further agrees to pay as liquidated damages, the sum of $250.00 for each consecutive calendar day thereafter as provided in the General Conditions. BIDDER agrees to perform all work described in the CONTRACT DOCUMENTS for the TOTAL BID AMOUNT as shown following the BID SCHEDULE presented as follows:

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Required Form

BID SCHEDULE BID #2017-18-026

NOTE: Bids shall include sales tax and all other applicable taxes and fees. Any work required as shown on the drawing or called for in the specifications not specifically listed below shall be included in the most closely related work item listed. It is the responsibility of the Contractor to verify all quantity take-offs, and to bid the work appropriately. Any discrepancy and resulting cost adjustments should be noted on the Bid Schedule.

Total Bid Price $______________________

BIDDER hereby acknowledges receipt of all Addenda through and including: Addendum No. ___________, dated ___________. Addendum No. ___________, dated ___________. Addendum No. ___________, dated ___________. Company registered as DBE, WBE or MBE? __________ (Registered on SCDOT?)

COMPANY______________________________________________

ADDRESS_________________________________________________________

AUTHORIZED SIGNATURE ___________________________________________

PHONE # ____________________ EMAIL _______________________ By: Title: Subscribed and sworn to before me this day of , 20__. My commission expires on .

# DESCRIPTION QTY UNIT UNIT PRICE

TOTAL AMOUNT

1 Repair/Replacement of White Oak

Park fence as per attached specifications, scope of work and

drawings

1 LS

(Lump Sum)

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Required Form

NONCOLLUSION AFFIDAVIT OF PRIME BIDDER

State of South Carolina ) County of Horry ) being first duly sworn, deposes and says that: 1. He is of the Bidder that has submitted

the attached Bid: 2. He is fully informed respecting the preparation and contents of the attached Bid and of all

pertinent circumstances respecting such Bid: 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,

employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Owners or any person interested in the proposed Contract; and

5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any

collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

Signed Title Subscribed and sworn to before me this day of , 20__. My commission expires on Title

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Required Form

CERTIFICATION OF RESTRICTIONS ON LOBBYING I, ______________________________________, hereby certify on (name and title of bidder's official) behalf of ____________________________________________, (name of bidder) that to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,

to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person

for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard Form-LLL, "Disclosure Form to Report Lobbying, " in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award

documents for all subawards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Executed this ______ day of __________________________, _____. By ______________________________ (signature of authorized official) ______________________________ (title of authorized official)

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Required Form

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS

Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under the applicable CFR covering New Restrictions on Government-wide Debarment and Suspension (Non-procurement). The certification shall be treated as a material representation of fact upon which reliance will be placed when the Agency determines to award the covered transaction or cooperative agreement. As required by Executive Order 12549, Debarment and Suspension, and implemented under the applicable CFR, for prospective participants in covered transactions, as defined in the applicable CFR A. The applicant certifies that it and its principals:

(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency;

(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment

rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal

State or local) with commission of any of these offenses enumerated in paragraph (1) (b) of this certification; and

(d) Have not within a three-year period preceding this application had one or more public transactions

(Federal, State or local) terminated for cause or default; and

B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an

explanation to this application. _____________________________ Address:_____________________________ Contractor’s Signature _____________________________ ______________________________ Printed or Typed Name ______________________________ ______________________________ Title

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Required Form

DRUG-FREE WORKPLACE CERTIFICATION

In accordance with Section 44-107-30, South Carolina Code of Laws (1976), as amended, and as a condition precedent to the execution of this agreement, the undersigned will provide drug-free workplace by:

1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensations, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of the prohibition;

2. Establishing a drug-free awareness program to inform employees about:

a. The dangers of drug abuse in a workplace; b. The person’s policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation, and employee assistance

programs; and d. The penalties that may be imposed upon employees for drug violation;

3. Making it a requirement that each employee to be engaged in the performance of the agreement

be given a copy of the statement required by item 1;

4. Notifying the employee in the statement required by item 1 that, as a condition of employment of this agreement, the employee will: a. Abide by the terms of the statement; and b. Notify the employer of any criminal drug statute conviction for a violation occurring in the

workplace no later than five days after the conviction;

5. Notifying the South Carolina Department of Transportation within ten days after receiving notice under item 4b from an employee or otherwise receiving actual notice of the conviction;

6. Imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance, or

rehabilitation program by, any employee convicted as required in Section 44-107-50; and

7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of items 1,2,3,4,5, and 6.

________________________________ ________________________________ Contractor Signature Date ________________________________ ________________________________ Contractor Name Company Name

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Required Form

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we the undersigned, as PRINCIPLE, and as SURETY are held and firmly bound unto , hereinafter called the “OWNER”, in the penal sum of Dollars ($ ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that Whereas the Principal has submitted the Accompanying Bid, dated , 20__, for NOW, THEREFORE, if the Principle shall not withdraw said Bid within the period specified therein after the opening of the same, or, if no period be specified, within thirty (30) days after the said opening, and shall within the period specified therefore, or if no period be specified, within ten (10) days after the prescribed forms are presented to him for signature, enter into a written Contract with the Owner in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract; or in the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the Principal shall pay the Owner the difference between the amount specified in said Bid and the amount for which the Owner may procure the required work or supplies or both, if the latter be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several seals this day of , 20__, the name and corporate seal of each corporate party being hereto affixed and these presents signed by its undersigned representative, pursuant to authority of its governing body. (SEAL) (SEAL) Attest: By: Affix By: Corporate Seal Attest: Affix By: Corporate Seal

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SECTION 0400

CONTRACT FORMS

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NOTICE OF AWARD

TO:. PROJECT DESCRIPTION: BID # 2017-18-026 White Oak Park Fence Repair The OWNER has considered the BID submitted by you for the above described WORK dated XXXXX You are hereby notified that your BID has been accepted for the Total Bid Amount of $ 0000 You are required by the Information for Bidders to execute the CONTRACT AGREEMENT and furnish the required CONTRACTOR’S PERFORMANCE BOND, PAYMENT BOND and CERTIFICATES OF INSURANCE within TEN 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, at that time a NOTICE TO PROCEED will be issued. Dated this __ day of, ______20__. HORRY COUNTY, OWNER BY: TITLE:

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“SAMPLE” CONSTRUCTION CONTRACT No.__________________

This Construction Contract (“Contract”), with an effective date of County Signature, is hereby entered into between HORRY

COUNTY, a political subdivision of the State of South Carolina, whose Administrative Office is at 1301 Second Avenue, Conway,

SC 29526 (“County”); and ______________________________ (“Contractor”), a corporation organized and existing under the

laws of the State of _______________ and authorized to conduct business in the County of Horry and in the State of South Carolina.

1. GENERAL TERMS OF CONTRACT

1.1. Headings: Headings to paragraphs in this Contract shall not interpret or alter the meaning of the words in the

respective paragraph, nor any other provision of this Contract.

1.2. Time of Performance: The timely performance by Contractor of the services described in this Contract is of the

essence, and shall commence on the Date of the Notice to Proceed. Failure to perform timely, except for cause occasioned

by Act of God, shall permit County to declare this Contract voided and of no further effect.

1.3. Arbitration: This contract is not subject to arbitration.

1.4. Dispute Resolution: If the parties hereto cannot settle any difference arising between them without litigation, any

such litigation shall take place in the South Carolina Circuit Court in Conway, South Carolina.

1.5. Merger, Amendment, and Waiver: 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 County and Contractor concerning the scope of work described herein. The sale of goods, and

the terms of any services to be rendered in connection therewith, as 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 County

and Contractor. Forbearance by County 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.

1.6. Compliance with EEOC and other State and Federal Laws: To the extent set forth in the respective statutes,

Contractor shall comply with the provisions of:

1.6.1. Title VII of the Civil Rights Act of 1964;

1.6.2. Age Discrimination in Employment Act of 1967;

1.6.3. Title I of the Americans with Disabilities Act of 1990;

1.6.4. Equal Pay Act of 1963;

1.6.5. Fair Labor Standards Act of 1938;

1.6.6. Immigration Reform and Control Act of 1986; and

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1.6.7. South Carolina Wages Act, S.C. Code § 41-10-10 et seq..

1.6.8 South Carolina Worker’s Compensation Act, S.C. Code § 42-1-10 et seq.

1.6.9 South Carolina Illegal Immigration Reform Act, including without limitation Chapters 14&29, Title 8, and

Chapter 8, Title 41, S.C. Code of Laws.

1.6.10 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 190 of 2008; Financial and Identity Theft Protection

Act; and the Horry County Privacy / Identity Theft Policy.

1.7. By entering into this Contract, Contractor affirmatively warrants that Contractor is currently in compliance with such

laws, and further warrants that during the term of this Contract, Contractor shall remain in compliance therewith.

2. SCOPE OF SERVICES:

2.1. Contractor shall furnish all of the materials, supplies, tools, equipment labor and other services necessary for construction

and completion of the work described in the Bid Documents.

2.2. All services to be performed by Contractor under this Contract shall be commence within Ten (10) calendar days of the

date of the Notice to Proceed and will complete the same within sixty (60) calendar days unless the time for completion

is extended by written Change Order.

3. PAYMENT FOR SERVICES AND GOODS:

3.1. Contractor agrees to perform all Work described in the Bid Documents and comply with the terms and conditions therein

for the sum of __________________________________________ as shown in the Bid Schedule.

3.2 The term "BID DOCUMENTS" means and includes the following:

A. Section 0100 - Invitation to Bidders B. Section 0200 - Instructions to Bidders C. Section 0300 - Bid Forms (consisting of Non-Collusion Affidavit of Prime Bidder, Bid Bond, Proposal

of Contractor, Bid Schedule, and Comments to the Project) D. Section 0400 - Contract Forms (consisting of Contract Agreement, Performance Bond, Payment Bond,

Notice to Proceed, Application for Payment Form, and Change Order Form) E. Section 0500 - General Construction Contract Terms and Conditions F. Section 0600 - Supplementary Conditions (Sections 1.01 through 1.20) G. DRAWINGS prepared by Horry County Maintenance Department H. SPECIFICATIONS prepared or issued by Horry County Maintenance Department. I. ADDENDA:

1. No. , dated 2. No. , dated

4. WARRANTIES OF CONTRACTOR AND COUNTY:

4.1. County warrants that:

4.1.1. County has the lawful authority required under State law and County’s Ordinances to enter into and perform this

Contract;

4.1.2. County shall not offer employment to any employee of Contractor for a period of two (2) years after the termination,

except for cause, of this Contract.

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4.2. Contractor warrants that Contractor has:

4.2.1. All necessary licenses and consents required for Contractor to enter into and fully perform the services set forth in

the Bid Documents, and is in good standing in the State of South Carolina;

4.2.2. All required insurances, including Worker’s Compensation Insurance and General Liability Insurance, to indemnify

County against any and all claims arising under or as a result of the performance of this Contract, in at least the

amounts as set forth in County’s Invitation to Bid or Request for Proposals, that formed the basis of the Scope of

Services of this Contract

4.2.3. No conflict of interest with any other contract with a third party that might cause a claim to arise against County by

the entry into or performance of this Contract by Contractor.

4.2.4. Full and proper title to the goods to be sold under this Contract as against all others potential claimants.

4.3. Contractor warrants that Contractor shall throughout the term of this Contract:

4.3.1. Perform any services required under the Bid Documents with a degree of skill and care of reputable members of the

same profession in South Carolina;

4.3.2. Maintain all insurances required by law or this Contract, including worker’s compensation, premises liability, general

liability, and professional malpractice coverage in those amounts set forth herein;

4.3.3. 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;

4.3.4. Ensure that any third party, employee, agent, or sub-contractor of Contractor shall comply with the terms of this

Contract concerning employment discrimination, insurances, and withholdings, so far as concerns this Contract;

4.3.5. 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;

4.3.6. Make no offer of employment to any County employee for a period of two (2) years after the termination of this

Contract;

4.3.7. Warrant that the goods which are the subject matter of this Contract are fit for the purpose for which the County

purchases said goods, are generally fit for sale and use, and are of sound workmanship and quality.

5. OWNERSHIP OF PROJECT MATTER: Unless otherwise agreed between County and Contractor, and approved by

County’s attorney:

5.1. All plans, reports, surveys, and other professional work product of Contractor concerning this Contract (but not internal

working files, drafts, memoranda, and equipment) shall become the property of County during and at the completion or

termination of this Contract;

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5.2. All materials supplied or loaned by County to Contractor during the term of this Contract shall remain the property of

County;

5.3. All intellectual property provided to County by Contractor and originating from this Contract shall become and remain

the property of County, and Contractor shall not, without the written consent and license from County, use such

intellectual property for another commercial purpose;

5.4. County shall not become the owner, assignee, or licensee of any standard routine, programs, development tools, techniques,

interfaces, texts, or other work existing prior to the date of this Contract that may be used by Contractor in providing the

services or intellectual property subject to this Contract, except as may be specifically agreed in writing between the parties.

6. EARLY TERMINATION OF CONTRACT: County and Contractor shall have the right, upon sixty (60) days written

notice, to terminate this Contract, and thereafter County shall have no obligation to pay for services provided to County except

up to the effective date of termination of this Contract. In the event Contractor exercises its right to terminate this Contract,

Contractor will not cease services for a reasonable period of time, not to exceed One-Hundred Twenty (120) days, to allow

County to procure another Contractor.

7. INDEPENDENT CONTRACTOR STATUS: Contractor shall not, by entering into this Contract, become a servant, agent,

or employee of County, but shall remain at all times an independent contractor to County. This Contract shall not be deemed

to create any joint venture, partnership, or common enterprise between Contractor and County, and the rights and obligations

of the parties shall not be other than as expressly set forth herein.

8. NOTICES TO PARTIES: All notices to each party to this Contract shall be in writing, and sent as follows:

8.1. To County:

8.1.1. _________________________ _________________________ _________________________ _________________________

with a copy to: Horry County Attorney 1301 Second Avenue Conway, SC 29526 (Tel: 843-915-5270; fax 843-915-6270)

8.2. To Contractor:

8.2.1. _________________________ _________________________ _________________________ _________________________

8.3. Form of Notice: All notices required or permitted under this Contract shall be effective:

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8.3.1. On the third (3rd) business day after mailing by depositing the notice in the United States Mail, certified mail, return

receipt requested, postage prepaid, addressed as set forth above; or on the day of receipt of such notice (whether by

mail, courier, hand delivery, or otherwise), whichever is the earlier date of receipt; or

8.3.2. On the first day after receipt of a facsimile transmission of the written notice, with delivery confirmed, provided

that such notice is also thereafter sent by first class mail as set forth above.

9. INDEMNIFICATION AND HOLD HARMLESS AGREEMENT: The Contractor will indemnify and hold harmless

the County 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 County or any of their

agents or employees by an employee 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 County or its agents or employees arising out of reports, surveys, change orders, designs, or specifications that

are un-attributable to the Contractor.

10. ASSIGNMENT: Contractor shall not assign, permit the assumption of or in any manner transfer any interest in this Contract,

or any part thereof, without the prior written consent of the Lessor. If Contractor assigns, permits the assumption of or in any

manner attempts a transfer of its interest in this Contract, County, in its sole discretion, may declare this entire Contract null

and void.

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. Contractor: By (signature): ___________________________________ Date: _______________ Print Name: _____________________________________ Title: _________________________________________ Witness: _______________________________________ County: By (signature): ___________________________________ Date: _______________ Print Name: _____________________________________ Title: _________________________________________ Witness: _______________________________________

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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) _____________________________

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(Witness) By_____________________________

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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 defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The County shall not be liable for the payment of any costs or expenses of any such suit. 3) No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the County, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be personally served or served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal at any place the Principal maintains an office or conducts its business. b) After the expiration of one (1) year following the date on which the last of the labor was performed or material was supplied by the party bringing suit. c) Other than in a court of competent jurisdiction for the county or district in which the construction contract was to be performed. d) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond.

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Signed and sealed this_____day of_____________________, 20____.

_____________________________ (Principal) (Seal)

_____________________________ (Witness)

_____________________________ (Title)

(BONDING COMPANY) _____________________________ (Witness)

By_____________________________ (Attorney-in-Fact)

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NOTICE TO PROCEED

To: Project: White Oak Park Fence Repair BID # 2017-18-026 You are hereby notified to commence WORK in accordance with the Agreement dated date, Date,XXXX 2017 on or before DateXXXX, 2017 and you are to complete the WORK within one hundred twenty (120) consecutive calendar days thereafter. The date of completion of all WORK is therefore date, XXXX 2017. OWNER By:________________________________ Title:

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APPLICATION FOR PAYMENT

NO. __________

TO: (OWNER) CONTRACT FOR: PROJECT #: For work accomplished through the date of:

Contractor's Schedule of Values All Work Completed to Date ITEM Unit Price Quantity Amount Quantity Amount

Total (Original Contract) Change Order #1 Change Order #2

Accompanying Documentation: GROSS AMOUNT DUE $ LESS_____% RETAINAGE $ AMOUNT DUE TO DATE $ LESS PREVIOUS PAYMENTS $ AMOUNT DUE THIS APPLICATION $

CONTRACTOR'S Certification: The undersigned CONTRACT0R certifies that (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment number 1 through ______ inclusive; and (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER). Dated: , 20 CONTRACTOR BY: Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated: ,20 ENGINEER BY:

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CHANGE ORDER

No.

PROJECT: DATE OF ISSUANCE: OWNER: Horry County c/o Engineering Department P.O. Box 1236 OWNER’S PROJECT #: Conway, South Carolina 29526 CONTRACTOR: ENGINEER: Horry County Engineering Dept. CONTRACT FOR: ENGINEER'S PROJECT #: You are directed to make the following changes in the Contract Documents. Description: Purpose of Change Order: Attachments (list documents supporting change):

CHANGE IN CONTRACT PRICE: Original Contract Price: $_______________________________________________

CHANGE IN CONTRACT TIME: Original Contract Time ________________________________________________

days or date

Previous Change Orders No. __________ to No. __________ $_______________________________________________

Net change from previous Change Orders ________________________________________________

days

Contract Price prior to this Change Order $_______________________________________________

Contract Time Prior to this Change Order ________________________________________________

days or date

Net increase (decrease) of this Change Order $________________________________________________

Net increase (decrease) of this Change Order ________________________________________________

days

Contract Price with all approved Change Orders $________________________________________________

Contract Time with all approved Change Orders ________________________________________________

days or date

RECOMMENDED: APPROVED: APPROVED: by:_________________________ by:___________________ by:____________________ Engineer Owner Contractor

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SECTION 0500

GENERAL CONSTRUCTION CONTRACT TERMS AND CONDITIONS

Located on Horry County web site:

http://www.horrycounty.org/portals/GeneralConstructionContractTerms.pdf titled “General Construction Contract Terms and Conditions”.

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http://www.horrycounty.org/portals/0/docs/procurement/Updated%20March%202016%20General%20Construction%20Contract%20Terms%20and.pdf

SECTION 0600

SUPPLEMENTARY INFORMATION

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INVITATION FOR BID (IFB) - Horry County...A. Chain Link Fabric: One piece width, No. 9 gauge...

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