Eagel Dr. Culvert Replacement

C D
ONTRACT OCUMENTS
AND
T S
ECHNICAL PECIFICATIONS
FOR
EAGLE DR. CULVERT
REPLACEMENT
P :
REPARED FOR
MCCORMICK COUNTY, SC
MAY 27, 2026
J - 30856.0012
thomasandhutton.com

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DOCUMENT 00021
INVITATION TO BID
Legal Notice
1. Sealed proposals for Eagle Dr. - Culvert Replacement owned by McCormick County will
be received by Julian Mears at the Council Chambers in the McCormick County
Administration Building, 610 South Mine Street, McCormick, SC 29835 until 3 PM on July 9,
2026 at which time they will be publicly opened.
2. The project consists of the following generally described work: Construction of a new
culvert, located on Eagle Drive, of approximately 36 linear feet of new 72 inch RCP,
riprap with filter fabric being placed on each end, installation of a rock check dam,
backfill with materials at the culvert, and incidental construction in accordance with the
plans and specifications. Additionally, the bid includes an alternate bid to also install
headwalls at each end of the pipe.
3. Plans and Specifications are open to inspection at 610 South Mine Street, McCormick, SC
29835, or may be obtained from Thomas & Hutton Engineering Co., 1501 Main Street,
Suite 400, Columbia, SC 29201. Hard Copies of the plans and specifications be obtained
upon payment of $250.00 (plus shipping charges as applicable). Electronic copies of the
plans and specifications can be obtained on request. Any payments are non-
refundable. Contact Allison Busch, at Thomas & Hutton, by emailing busch.a@tandh.com
or calling at (803) 451-6784.
4. Bids shall be accompanied by a bid bond or certified cashier's check in an amount not
less than 10% of the base bid. All bonds shall be by a surety company licensed in South
Carolina with an "A" minimum rating of performance and a financial strength of at least
five times the contract price as listed in the most current publication of "Best's Key Rating
Guide Property Liability." Performance and Payment Bonds, each in an amount equal to
100% of the contract price shall be required of the successful bidder if contract is
awarded. Each Bond shall be accompanied by a "Power of Attorney" authorizing the
attorney-in-fact to bind the surety and certified to include the date of the bond.
5. Owner reserves the right to reject any or all Bids, including without limitation, the rights to
reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to
reject the Bid of any Bidder if Owner believes it would not be in the best interest of the
Project to make an award to Bidder, whether because the Bid is not responsive or the
Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent
standard or criteria established by the Owner.
6. A non-mandatory Pre-Bid Conference will be held at 9 AM on June 18, 2026 in the
Council Chambers at the McCormick County Administration Building, 610 South Mine
Street, McCormick, SC 29835. All prospective bidders are encouraged to attend.
McCormick County
END OF INVITATION TO BID
Z:\30856\30856.0003\Documents\Construction\Specifications Revised October 2023

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DOCUMENT 00110
INSTRUCTIONS TO BIDDERS
INTENTION: It is intended the Instructions to Bidders, General Conditions, Supplementary
Conditions, Technical Specifications and Construction Drawings shall cover the
complete work to which they relate.
ARTICLE 1 DEFINED TERMS: In addition to the terms defined in the General Conditions,
(EJCDC C-700)(2007), additional terms used in these Instructions to Bidders have
the meanings indicated below which are applicable to both the singular and
plural thereof.
1.1. Bidder - One who submits a Bid directly to Owner as distinct from a sub-
bidder, who submits a bid to a Bidder.
1.2. Successful Bidder - The lowest, responsible, and responsive Bidder to
whom Owner (based on Owner's evaluation as hereinafter provided)
makes an award.
1.3. Bid - A complete and properly signed offer to execute work for the prices
stipulated in Bid Form and submitted in accordance with the Bidding
Documents.
1.4. Addenda - Graphic or written documents issued by Engineer prior to the
opening of Bids issued to clarify, revise, add to, or delete information in the
original bidding documents or in previous addenda.
ARTICLE 2 BID FORM: All Bids must be made upon the Bid Forms hereto annexed, and shall
state the amount bid for each item shown, and all bids must be for materials and
work called for in the specifications. Deposits for plans and specifications are not
refundable.
2.1 The Bid Form is included with the Bidding Documents; additional copies
may be obtained from Engineer.
2.2 All blanks on the Bid Form must be completed by printing in black ink or by
computer.
2.3 Bids by corporations must be executed in the corporate name by the
president or a vice-president (or other corporate officer accompanied by
evidence of authority to sign) and the corporate seal must be affixed and
attested by the secretary or an assistant secretary. The corporate address
and state of incorporation must be shown below the signature.
2.4 All names must be typed or printed in black ink below the signature.
2.5 The Bid shall contain an acknowledgment of receipt of all Addenda (the
numbers of which must be filled in on the Bid Form.)

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2.6 The address and telephone number for communications regarding the Bid
must be shown.
ARTICLE 3 QUALIFICATIONS OF BIDDERS:
3.1 To demonstrate qualifications to perform the Work, each Bidder must be
prepared to submit within five days after Bid opening upon Owner's
request detailed written evidence such as financial data, previous
experience, present commitments, and other such data as may be
necessary to assist Owner in determining Contractor's qualifications.
3.2 Each Bid must contain evidence of Contractor's authority to conduct
business in the state where the Work is to be performed. State Contractor
license number, if applicable, must also be shown on the Bid Form.
ARTICLE 4 COPIES OF BIDDING DOCUMENTS:
4.1 Complete sets of Bidding Documents must be used in preparing Bids;
neither Owner nor Engineer assumes any responsibility for errors or
misinterpretations resulting from the use of incomplete sets of Bidding
Documents.
4.2 Owner and Engineer in making copies of Bidding Documents available for
a non-refundable deposit do so only for the purpose of obtaining Bids for
the Work and do not confer a license or grant for any other use.
ARTICLE 5 EXAMINATION OF BIDDING DOCUMENTS, OTHER DATA, AND SITE:
5.1 It is the responsibility of each Bidder before submitting a bid:
5.1.1 To examine and study thoroughly the Bidding Documents and
other related data identified in the Bidding Documents;
5.1.2 To visit the work site to ascertain by inspection pertinent local
conditions such as location, character and accessibility of the site
including existing surface and subsurface conditions in the work
area; availability of facilities, location and character of existing
work within or adjacent thereto, labor conditions, etc.
5.1.3 To become familiar with and satisfy Bidder as to all federal, state,
and local Laws and Regulations that may affect cost, progress, or
performance of the Work;
5.1.4 To obtain and carefully study (or assume responsibility for doing so)
all addition or supplementary examination investigations,
explorations, tests, studies, and data concerning conditions
(surface, subsurface, an Underground Facilities) at or contiguous to
the Site which may affect cost, progress, or performance or the
Work or which relate any aspect of the means, methods,
techniques, sequences, and procedures of construction to be
employed by Bidder, including any specific means, methods,
techniques, sequences, and procedures of construction expressly

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required of the bidding documents, and safety precautions and
programs incident thereto;
5.1.5 To study and carefully correlate Bidder's knowledge and
observations with the Bidding Documents and such other related
data; and
5.1.6 To promptly notify Engineer of all conflicts, errors, ambiguities or
discrepancies which Bidder has discovered in or between the
Bidding Documents and such other related documents;
5.1.7 to agree at the time of submitting its Bid that no further
examinations, investigations, explorations, tests, studies or data are
necessary for the determination of its Bid for performance of the
Work at the price bid and within the times and in accordance with
the other terms and conditions of the Bidding Documents;
5.1.8 To become aware of the general nature of the work to be
performed by OWNER and others at the Site that relates to the
Work as indicated in the Bidding Documents;
5.1.9 To determine that the Bidding Documents are generally sufficient
to indicate and convey understanding of all terms and conditions
for the performance of the Work.
5.2 The Owner shall make available to all prospective bidders, previous to
receipt of bids, information that it may have as to sub-soil conditions and
surface topography at the work site. Such information shall be given as
the best factual information available without being considered as a
representation of the Owner.
5.3 The submission of a Bid will constitute an incontrovertible representation
by Bidder that Bidder has complied with every requirement of this Article
5, that without exception, the Bid is premised upon performing and
furnishing the Work required by the Bidding Documents and applying any
specific means, methods, techniques, sequences, and procedures of
construction that may be shown or indicated or expressly required by the
Bidding Documents, that Bidder has given ENGINEER written notice of all
conflicts, errors, ambiguities, and discrepancies that Bidder has
discovered in the Bidding Documents and the written resolutions thereof
by ENGINEER are acceptable to Bidder, and that the Bidding Documents
are generally sufficient to indicate and convey understanding of all terms
and conditions for performing and furnishing the Work.
ARTICLE 7 INTERPRETATIONS AND ADDENDA:
7.1 All questions about the meaning or intent of the Bidding Documents are to
be directed to Engineer. The person submitting the request shall do so in
writing and be responsible for its prompt delivery. Interpretations or
clarifications considered necessary by Engineer in response to such
questions will be issued by Addenda mailed or delivered to all parties
recorded by Engineer as having received the Bidding Documents.
Questions received less than ten days prior to the date for opening of Bids

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may not be answered. Only questions answered by formal written
Addenda will be binding. Oral and other interpretations or clarifications
will be without legal effect.
7.2 Addenda may also be issued to modify the Bidding Documents as
deemed advisable by Owner or Engineer.
ARTICLE 8 BID SECURITY: OMIT
ARTICLE 9 CONTRACT COMPLETION TIME: The number of days within which, or by which the
Work is to be (a) Substantially Completed and (b) also completed and ready for
final payment are set forth in the Agreement. Provisions for liquidated damages,
if any, are set forth in the Agreement.
ARTICLE 10 SUBSTITUTE AND "OR-EQUAL" ITEMS:
10.1 The Contract, if awarded, will be on the basis of materials and equipment
specified or described in the Bidding Documents, or those substitute or "or-
equal" materials and equipment approved by ENGINEER and identified by
Addendum. The materials and equipment described in the Bidding
Documents establish a standard of required type, function and quality to
be met by any proposed substitute or "or equal" item. No item of material
or equipment will be considered by ENGINEER as a substitute or "or equal"
unless written request for approval has been submitted by Bidder and has
been received by ENGINEER at least 15 days prior to the date for receipt
of Bids. Each such request shall conform to requirements of paragraph
6.05 of the General Conditions. The burden of proof of the merit of the
proposed item is upon Bidder. ENGINEER's decision of approval or
disapproval of a proposed item will be final. If ENGINEER approves any
proposed item, such approval will be set forth in an Addendum issued to
all prospective Bidders. Bidders shall not rely upon approvals made in any
other manner.
ARTICLE 11 SUBCONTRACTORS, SUPPLIERS, AND OTHERS:
11.1 Each bid must be accompanied by a list of Subcontractors, Suppliers,
individuals, or entities proposed for those portions of the Work for which
such identification is required. Such list shall be accompanied by an
experience statement with pertinent information regarding similar projects
and other evidence of qualification for each such Subcontractor,
Supplier, individual, or entity. If OWNER or ENGINEER, after due
investigation, has reasonable objection to any proposed Subcontractor,
Supplier, individual, or entity, OWNER or ENGINEER may, before the Notice
of Award is given, request apparent Successful Bidder to submit a
substitute, in which case apparent Successful Bidder shall submit an
acceptable substitute, Bidder's Bid price will be increased (or
decreased) by the difference in cost occasioned by such
substitution, and OWNER may consider such price adjustment in
evaluating Bids and making the contract award
11.2 If apparent Successful Bidder declines to make any such substitution,
OWNER may award the Contact to the next lowest Bidder proposing to
use acceptable Subcontractors, Suppliers, individuals, or entities. Declining

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to make requested substitutions will not constitute grounds for forfeiture of
the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or
entity so listed and against which OWNER or ENGINEER makes no written
objection prior to the giving of the Notice of Award will be deemed
acceptable to OWNER and ENGINEER subject to revocation of such
acceptance after the Effective Date of the Agreement as provided in
paragraph 6.06 of the General Conditions.
11.3 CONTRACTOR shall not be required to employ any Subcontractor,
Supplier, individual, or entity against whom CONTRACTOR has reasonable
objection.
ARTICLE 12 SUBMITTAL OF BIDS:
Bids shall be submitted at the time and place indicated in the Invitation to Bid
and shall be enclosed in a sealed opaque envelope, marked with the project
title, and name and address of Bidder, and accompanied by the Bid security and
other required documents. If the Bid is sent through the mail or other delivery
system, the sealed envelope shall be enclosed in a separate envelope with the
notation "BID ENCLOSED" on the face of it. Contractor license number(s) shall be
written on the face of the bid envelope.
Each Bidder is responsible for seeing their Bid is received by the Owner not later
than the advertised time set for the opening of Bids.
ARTICLE 13 MODIFICATION AND WITHDRAWAL OF BIDS:
13.1 Bids may be modified or withdrawn by an appropriate document duly
executed (in the manner a Bid must be executed) and delivered to the
place where Bids are to be submitted at any time prior to the opening of
bids.
13.2 If, within twenty-four hours after Bids are opened, any Bidder files a duly
signed, written notice with Owner and promptly thereafter demonstrates
to the reasonable satisfaction of Owner there was a material and
substantial mistake in the preparation of its Bid, Bidder may withdraw its
Bid and the Bid security will be returned. Thereafter, Bidder will be
disqualified from further bidding on the Work to be provided.
ARTICLE 14 OPENING OF BIDS: Bids will be opened privately at the place where Bids are to
be submitted.
ARTICLE 15 ACCEPTANCE OF BIDS: Bids may not be withdrawn (except as noted in
Paragraph 13) after the time set for the opening of Bids. Bids will remain subject
to acceptance for 60 days after the day of the Bid opening, but the Owner may,
in its sole discretion, release any Bid and return the Bid security prior to expiration
of the acceptance period.
ARTICLE 16 AWARD OF CONTRACT:
16.1 Owner reserves the right to reject any or all Bids, including without
limitation, the rights to reject any or all nonconforming, nonresponsive,
unbalanced or conditional Bids and to reject the Bid of any Bidder if
Owner believes it would not be in the best interest of the Project to make
an award to a Bidder, whether because the Bid is not responsive, or the
Bidder is unqualified or of doubtful financial ability or fails to meet any

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other pertinent standard or criteria established by the Owner.
16.2 Owner also reserves the right to waive all informalities not involving price,
time, or changes in the Work and to negotiate contract terms with the
Successful Bidder. Discrepancies between the multiplication of units of
Work and unit prices will be resolved in favor of the unit prices.
Discrepancies between the indicated sum of any column of figures and
the correct sum thereof will be resolved in favor of the correct sum.
Discrepancies between words and figures will be resolved in favor of the
words.
16.3 In evaluating Bids, Owner will consider the qualification of Bidders,
whether or not the Bids comply with the prescribed requirements, and
such alternates, unit prices and other data, as may be requested in the
Bid Form or prior to the Notice of Award.
The Owner will also consider whether the Bidder involved:
a) Maintains a permanent place of business;
b) Has adequate plant and equipment to do the work properly and
expeditiously;
c) Has suitable financial status to meet obligations incidental to the work;
d) Has appropriate technical experience.
16.4. Owner may consider the qualifications and experience of Subcontractors,
Suppliers, and other persons and organizations proposed for those portions
of the Work as to which the identity of Subcontractors, Suppliers, and
other persons and organizations must be submitted as provided in the
Supplementary Conditions. Owner also may consider the operating costs,
maintenance requirements, performance data and guarantees of major
items of materials and equipment proposed for incorporation in the Work
when such data is required to be submitted prior to the Notice of Award.
16.5. Owner may conduct such investigations as Owner deems necessary to
assist in the evaluation of any bid and to establish the responsibility
qualifications and financial ability of Bidders, proposed
Subcontractors, Suppliers and other persons and organizations to
perform and furnish the Work in accordance with the Contract
Documents to Owner's satisfaction within the prescribed time.
16.6. If the contract is to be awarded, it will be awarded to the Bidder whose
evaluation by Owner indicates the award will be in the best interest of the
Project.
16.7. If the contract is to be awarded, Owner will give Successful Bidder a
Notice of Award within 60 days after the day of the Bid opening.
ARTICLE 17 MODIFICATIONS OF QUANTITIES: If the lowest bona fide Bid exceeds the money
available for the Work, the Owner reserves the right to delete enough of the Work
to bring the cost within the available funds. The Owner also reserves the right to
delete whichever items or portions of items considered to be in the best interest
of the Owner.
ARTICLE 18 CONTRACT SECURITY: The General Conditions and Supplementary Conditions set

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forth Owner's requirements as to performance and payment bonds. When the
Successful Bidder delivers the executed Agreement to the Owner, it must be
accompanied by the required performance and payment bonds.
ARTICLE 19 SIGNING THE AGREEMENT: When the Owner gives a Notice of Award to the
Successful Bidder, it will be accompanied by the required number of unsigned
counterparts of the Agreement with all other written Contract Documents
attached. Within 15 days thereafter, Contractor shall sign and deliver the
required counterparts of the Agreement and attached documents to Owner with
the required Bonds. Within 10 days thereafter, Owner shall deliver one fully signed
counterpart to Contractor.
ARTICLE 20 LAWS AND REGULATIONS: The Contractor shall comply with local, District, County,
State, and Federal laws applicable to the work.
The Contractor shall comply with the Department of Labor Safety and Health
Regulations for Construction promulgated under the Occupational Safety and
Health Act of 1970 as amended through January 1, 2004 (PL 91-596) and under
Section 107 of the Contract Work and Safety Standards Act (PL) 91-54). The
regulations are administered by the Department of Labor and the Contractor
shall allow access to the project to personnel from this Department.
ARTICLE 21 CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE: Contractor shall not
commence work under this contract until obtaining all the insurance required by
the Supplementary Conditions.
ARTICLE 22 TERMINATION OF CONTRACT: If the Owner is made to stop construction of the
work because of an order from a Court or State Department, the contract shall
be terminated. Payment will be made for work completed and a proration of
the work underway, materials stored, and for the overhead and profit of the
completed work and work underway. Payment will not be made for anticipated
profit and overhead on work not completed or underway.