INVITATION FOR BIDS

No. 6176-26B

BEES FERRY CLASS THREE LANDFILL

CELLS 3 & 6 CONSTRUCTION

Barrett J. Tolbert Contracts and Procurement Director

Lonnie Hamilton, III Public Services Building 4045 Bridge View Drive, Ste B250 North Charleston, SC 29405-7464

Telephone: 843.958.4750 Fax No. : 843.958.4758

IFB No. 6176-26B

County of Charleston Procurement Department 4045 Bridge View Drive, Suite B250

North Charleston, SC 29405

PROJECT OVERVIEW

DATE: March 19, 2026

SOLICITATION NUMBER: IFB No. 6176

DESCRIPTION OF WORK: Bees Ferry Class Three Landfill Cells 3 & 6 Construction

SMALL BUSINESS

ENTERPRISE

REQUIREMENT:

The County has a mandatory Small Business Enterprise (SBE) subcontract requirement on most procurements and contracts. See Attachment E, Required Forms, for details on the requirement for this project.

PRE-BID CONFERENCE: MANDATORY

April 2, 2026 at 10:00 a.m. (Eastern Time) Interested Bidders are required to attend a MANDATORY pre-bid conference and site visit. Interested parties shall meet at:

Bees Ferry Landfill 1344 Bees Ferry Road Charleston, SC 29414

Bids will only be considered from Bidders that send an authorized representative to the pre-bid conference. Attendees must sign the County’s sign-in sheet at the beginning of the conference. No attendees will be allowed to sign once the conference has begun. All attendees must remain until the pre-bid conference is officially concluded.

DUE DATE FOR WRITTEN

QUESTIONS:

April 9, 2026, at 12:00 p.m. (Eastern Time) Questions or clarifications concerning this solicitation should only be directed to the Charleston County Procurement portal on the County website at:

https://www.charlestoncounty.org/departments/procurement/current-bids.php

Please submit all questions in a single message through the “Opportunity Q&A” tab of the project on the County’s Procurement Portal. Please avoid sending each question as a separate message.

DUE DATE AND TIME: April 23, 2026, at 3:00 p.m. (Eastern Time)

Brian Hutto, Buyer Tel: 843-958-4759 Email: bhutto@charlestoncounty.org

INVITATION FOR BIDS

TABLE OF CONTENTS

SECTION PAGE

General Terms and Conditions 4

Attachment A: Special Instructions/Terms and Conditions 10

Attachment B: Scope of Work/Specifications 16 Specifications – (available as a separate download) Drawings – (available as a separate download)

Attachment C: Sample Contract 17

Attachment D: Sample Forms 46

Insurance Requirements Labor and Material Bonds Performance Bonds Drug-free Workplace Certification

Attachment E: Required Forms 58

Bid Form(s) Non-Collusion Oath Compliance with Illegal Immigration Act Equal Employment Opportunity Certification Subcontractor Data Form Directions for Completing the Mandatory SBE Subcontract Requirement Form and

Mandatory SBE Subcontract Requirements Form

Attachment F: On The Job Training 70

INVITATION FOR BIDS (IFB)

GENERAL TERMS AND CONDITIONS

1. PREPARATION, SUBMISSION AND WITHDRAWAL OF BIDS

A. Rights Reserved: This solicitation does not commit Charleston County to award a contract, to pay any cost incurred in the preparation of bids submitted, or to procure or contract for the services.

The County reserves the right to: 1) reject any bid, all bids, or any part of a bid; 2) waive informalities, technical defects, and minor irregularities in bids received; and 3) award the bid(s) received on the basis of individual items or groups of items or the entire list of items.

The County shall be the sole judge of the suitability of the items or services to be provided pursuant to this Invitation for Bids (IFB).

The County reserves the right to cancel in part or in its entirety this Invitation for Bids if it is in the best interest of the County to do so.

B. Required Forms: Bids must be submitted on the forms furnished or copies thereof, and must be signed. If erasures or other changes appear on the forms, each erasure or change must be initialed by the person signing the bid.

C. Bid Submission: Bidders must submit an electronic submission through the County’s

Procurement Portal.

D. Late Bids: Bidders will not be able to submit bids after the due date and time of the solicitation. “Late Bids” will not be considered.

E. Withdrawal of Bid: Bids may be withdrawn by the Bidder prior to the time set for opening of bid, but not thereafter.

F. Addendum: Any interpretation, correction or change of the solicitation documents will be made by addendum. It is the Bidder’s responsibility to monitor the Procurement website for any additional information, revisions, or addenda that may be posted.

1. Through the County’s Procurement Portal, Bidders shall promptly notify the

Charleston County Procurement Department, in writing, and no later than the last date and time for the submittal of written questions, of any ambiguity, inconsistency or error which they may discover upon examination of the solicitation documents, the project premises and/or local conditions.

2. Through the County’s Procurement Portal, Bidders requiring clarification or interpretation of the solicitation documents shall make a written request which must be received at the Charleston County Procurement Department no later than the last date and time for submittal of written questions.

G. Substitution: Bidders may request substitutions of products through the County’s

Procurement portal. Notice of acceptance or non-acceptance will be given through an addendum. No substitutions will be considered after the Contract award except by amendment or change order.

H. Irregular Submittal Cause for Rejection: Failure to submit a bid on the forms requested or inclusion of any alternates, unit prices, conditions, limitations or provisions not called for, will render the bid irregular; and shall be considered sufficient cause for rejection of a bid. Failure to complete entries in all blanks on the Bid Form shall be considered cause for rejection of a bid.

I. Single Vendor and Joint Venture: The County seeks a single, qualified company to be responsible for completion of the work described herein (although the County reserves the option to award portions of the project to multiple Bidders if such is to the advantage of the County). Therefore, any one bid submitted by more than one company will be deemed to be a proposal for a joint venture between or among the companies so bidding unless the bid clearly and unequivocally describes that only one firm proposes to act as principal and the other firm(s) contractual position is clearly defined. The companies submitting as a joint venture will be held jointly and severally responsible for the entire project and will not be permitted to limit their liability to the County.

J. Competitive Procurement: It is the intent and purpose of the County that this IFB permits competition. It shall be each Bidder’s responsibility to advise the County if any language, provision, or other requirement, or any combination thereof, inadvertently restricts or limits the satisfaction of the specifications stated in this IFB to a single source. Such notification must be submitted in writing and must be received by the County’s Procurement Department no later than the deadline for receipt of written questions. Any such notification shall be reviewed by the County's Contracts and Procurement Director.

K. Disclaimer Of Liability: The County, or any of its agencies, will not hold harmless or indemnify any Bidder for any liability whatsoever except as may otherwise be specified in this IFB.

L. Ownership Of Documents: All bids and supporting materials, including all data, material, and documentation originated and prepared for the County pursuant to this IFB and including correspondence relating to this IFB, shall, upon delivery to the County, become the property of the County.

2. PUBLIC ACCESS TO PROCUREMENT INFORMATION

Subject to the requirements of the Freedom of Information Act, commercial or financial information obtained in response to this IFB which is deemed privileged and confidential by the Bidder will also not be disclosed after the award. Such privileged and confidential information includes information which if disclosed, might cause harm to the competitive position of the Bidder supplying the information. All Bidders, therefore, must visibly mark as "CONFIDENTIAL" each specific part of their bid which it considers to contain proprietary or other privileged information.

Additionally, all Bidders shall be solely responsible for identifying as exempt from the Freedom of Information Act and for visibly marking as "EXEMPT FROM FREEDOM OF INFORMATION ACT" each specific part of their bid which they deem to be so exempt and shall further be solely responsible for any consequences that might be related to arise from the nondisclosure of any information that is subsequently determined not to have such an exemption.

Do not mark the entire bid as confidential or exempt from disclosure. Doing so will necessitate an independent determination of confidentiality by the County pursuant to applicable law. The County hereby disclaims any responsibility for not disclosing information identified by any Bidder as exempt from the Freedom of Information Act; for any information which is disclosed as a result of a Bidder’s failure to visibly mark it as "CONFIDENTIAL"; and for any results of an independent verification of confidentiality necessitated by the marking of an entire bid as confidential or exempt from disclosure.

3. BIDDER REPRESENTATIONS

Each Bidder by submitting a bid represents that:

A. The Bidder has read and understands this IFB (including all specifications and attachments) and that their bid is made in accordance therewith.

B. The Bidder has reviewed the IFB, has become familiar with the local conditions under which the work described herein is to be performed, and has correlated personal observations with the requirements of the proposed Contract Documents.

C. The bid is based on the terms, materials, systems and equipment required by this IFB, without exception.

D. The Bidder is qualified to provide the services and equipment required under this IFB and, if awarded the Contract, will do so in a professional, timely manner using Bidder's best skill and attention.

4. BIDDER'S QUALIFICATIONS

Before a bid is considered for award, the Bidder may be requested by the County to submit a statement providing additional information regarding their previous experience in performing comparable work.

Prior to execution of the Contract, the successful Bidder may be required to provide a copy of any current applicable license issued by the State of South Carolina and/or the County to the successful Bidder and those subcontractors subject to licensing.

See the Special Instructions/Terms and Conditions for any other project specific submittal requirements.

5. SUBCONTRACTORS

A. If any subcontractors will be used for this project, the successful Bidder shall provide to the Contracts and Procurement Director a list of names of any of the intended subcontractors, the subcontractor's applicable license number(s), and a description of the work to be done by each subcontractor on the Subcontractor Data Report Form included in the Attachment E, Required Forms.

B. The successful Bidder shall not substitute other subcontractors without the written consent of the Contracts and Procurement Director.

C. The successful Bidder shall be responsible for all services performed by a subcontractor as though they had been performed by the successful Bidder. Responsibilities include, but are not limited to, compliance with any applicable licensing regulations.

D. If at any time the Contracts and Procurement Director determines that any subcontractor is incompetent or undesirable, the director shall notify the successful Bidder accordingly, and the successful Bidder shall take immediate steps for cancellation of the subcontract and replacement.

E. Nothing contained in any contract resulting from this IFB shall create any contractual relationship between any subcontractor and the County.

F. It shall be the successful Bidder’s responsibility to ensure that all terms required in the attached Contract are incorporated into all subcontracts.

6. STATE AND LOCAL TAXES

Except as otherwise provided, Contract prices shall include all applicable state and local taxes.

The contractor shall calculate that portion of the Contract which is subject to South Carolina and Charleston County local option sales and/or use tax, which currently totals nine percent (9%). The amount of sales tax shall be itemized and shown on all invoices, and shall be paid to South Carolina Department of Revenue (SCDOR) by the contractor. If the contractor is a non-South Carolina company, the County will withhold said amount from all invoices and remit payment to the SCDOR, unless the contractor furnishes the County with a valid South Carolina Use Tax Registration Certificate Number.

The contractor shall indemnify and hold harmless the County for any loss, cost, or expense incurred by, levied upon or billed to the County as a result of the contractor’s failure to pay any tax of any type due in connection with this Contract.

The contractor shall ensure that the above sections are included in all subcontracts and sub-subcontracts, and shall ensure withholding on out-of-state subcontractors and sub-subcontractors to which withholding is applicable.

7. PERMITS AND LICENSES

The successful Bidder shall, without additional expense to the County, be responsible for obtaining and maintaining all necessary licenses and permits required by the State of South Carolina, the County, a municipality, or any other authority having jurisdiction. Prior to execution of a contract, the successful Bidder may be required to provide a copy of any current applicable license issued by the County and/or by the State of South Carolina pursuant to Title 40 of the South Carolina Code of Laws. Any subcontractor must also comply with the regulations promulgated in Title 40 of the South Carolina Code of Laws as enforced by the South Carolina Department of Labor, Licensing and Regulation. The successful Bidder’s (and/or any subcontractor’s) License Number, Person’s Name and Business Name must all be shown on all required licenses.

8. AWARD

Award of Contract will be made to the lowest responsive and responsible Bidder(s) whose bid, conforming to the IFB, is most advantageous to the County, price and other factors considered.

9. NOTICE OF AWARD OF CONTRACT

The successful Bidder will be notified of acceptance of bid by a written Notice of Award of contract. The successful Bidder shall not undertake any work, and the County will not be responsible for payment for any work whatsoever undertaken by successful Bidder prior to issuance of the Notice to Proceed.

The successful Bidder shall be required to submit acceptable Insurance Certificate(s) and Endorsement(s) within Five (5) Business Days after the issuance of the Notice of Award.

10. CONTRACT DOCUMENT

The successful Bidder shall be required to execute a formal contract within Five (5) Business Days after issuance of a Notice of Award. Said Contract shall be virtually identical in substance and form to the Contract which is attached and marked Attachment C, Sample Contract. The only anticipated changes in Attachment C, Sample Contract, will be to include additional exhibits, to fill in the blanks to identify the successful Bidder, and terms relating to compensation, or to revise the contract to accommodate corrections, changes in the scope of work, or changes pursuant to addenda issued prior to the bid opening. Bidders should raise any questions regarding the terms of the Contract, or submit requested changes in said terms, in the form of written questions or submittals, subject to the deadline for questions. Because the signed contract will be substantively and substantially derived from Attachment C, Sample Contract, Bidders are urged to seek independent legal counsel as to any questions about the terms, conditions or provisions contained in Attachment C, Sample Contract, before submitting a bid. Again, Attachment C, Sample Contract, contains important legal provisions and is considered part and parcel of this IFB.

Failure or refusal to sign aforesaid Contract shall be grounds for the County to revoke any Notice of Award which has been issued, forfeit bid security, and award the Contract to another Bidder.

11. NOTICE TO PROCEED

A Notice to Proceed will be issued after the successful Bidder has executed the Contract and has submitted acceptable performance and payment bonds (if applicable) to the County as well as other submittals specified herein as required to be delivered before the Notice to Proceed is issued.

The successful Bidder shall not deliver any equipment to the work site or commence work until the successful Bidder has received a written Notice to Proceed from the Contracts and Procurement Director.

12. DRUG-FREE WORKPLACE ACT

Successful Bidder shall comply with the South Carolina Drug-free Workplace Act, Section 44-107-10 et seq., S.C. Code of Laws (1976, as amended). The County requires all successful Bidders executing contracts for a stated or estimated value of $50,000 or more to sign a Drug-free Workplace Certification form prior to the issuance of the Notice to Proceed.

13. DAMAGES

The County has defined this section in the Sample Contract.

14. MODIFICATION

15. TERMINATION

16. INDEMNIFICATION

17. UTILIZATION BY OTHER PUBLIC AGENCIES CLAUSE

The use of this solicitation and resulting contract shall be made available to other local governmental agencies and agencies established for the public benefit (“Public Agencies”). The parties agree to allow other governmental agencies to enter into separate agreements with the Contractor under the terms and prices in effect between the County and the Contractor. The parties also agree that any other agency utilizing the terms and prices of this agreement shall not be deemed to be an agent or employee of the County of Charleston for any purpose whatsoever. The parties further agree that any Public Agency will enter its own separate contract with the Contractor.

The County is not otherwise responsible for the Public Agencies’ performance of the Contract between the individual Public Agencies and the Contractor or for any obligation or liability accruing to the Public Agencies in the performance thereof. The Public Agencies and the Contractor further agree to waive any rights they may have in making the County of Charleston a party to a dispute between a Public Agency and the Contractor.

ATTACHMENT A

SPECIAL INSTRUCTIONS/ TERMS

AND CONDITIONS

INVITATION FOR BIDS (IFB)

SPECIAL INSTRUCTIONS AND TERMS AND CONDITIONS

1. SUMMARY OF WORK

This project is for the construction of the approximate 22-acre Municipal Solid Waste (Class Three) Landfill Cells 3 & 6 at the Bees Ferry Landfill. The project consists of furnishing and installing, complete, including labor, equipment, parts, materials, and other work incidental for the construction of the Bees Ferry Cell 3 & 6 Expansion to include but not limited to abandonment of the existing Ash Monofill within the existing Cell 3 footprint, installation of an approximate 22-acre class three landfill base liner system consisting of approximately 300,000 CY of structural fill soil materials, geosynthetic clay liner, geomembrane liner, geocomposite drainage net, leachate collection piping, 2-foot minimum soil protective (drainage) cover layer, raincover system, and appurtenances. The project is further detailed in the Specifications and Drawings include with this solicitation.

For the complete Scope of Work, see Attachment B, Scope of Work/Specifications.

2. PRE-BID CONFERENCE:

Interested Bidders are required to attend a MANDATORY pre-bid conference and site visit that will be held Thursday, April 2, 2026 at 10:00 A.M. (Eastern Time).

Interested parties shall meet at:

Bees Ferry Landfill 1344 Bees Ferry Road Charleston, SC 29414

Bids will only be considered from Bidders that send an authorized representative to the pre-bid conference. Attendees must sign the County’s sign-in sheet at the beginning of the conference. No attendees will be allowed to sign once the conference has begun. All attendees must remain until the pre-bid conference is officially concluded.

3. WRITTEN QUESTIONS DEADLINE:

The last day and time for submittal of written questions shall be no later than 12:00 p.m. (Eastern Time), Thursday, April 9, 2026.

Through the County’s Procurement Portal, Bidders shall promptly notify the County no later than the last date and time for the submittal of written questions, of any ambiguity, inconsistency, error, or clarifications regarding the solicitation.

Please submit all questions in a single message through the “Opportunity Q&A” tab of the project on the County’s Procurement Portal. Please avoid sending each question as a separate message.

4. BID SUBMITTAL DEADLINE:

Through the County’s Procurement Portal, Bids are due no later than 3:00 p.m. (Eastern Time), on April 23, 2026.

5. NON-COLLUSION OATH

Every bid must be accompanied by a notarized affidavit of non-collusion, executed by the Bidder or in the case of a corporation, by a duly authorized representative of said corporation. The Non-Collusion Oath is provided herein.

6. PROJECT TIME:

Time of completion for this project shall be Four Hundred Thirty (430) Calendar Days from the issuance of a Notice to Proceed.

7. DAMAGES

A. Liquidated Damages

It is critical that the successful Bidder recognize that time is of the essence in completing the project. The successful Bidder agrees that, if the Work, or any part thereof, is not completed within the time agreed upon in a contract resulting from this IFB (or any extension thereof), the successful Bidder and its surety shall be liable to the County, in the amount of One Thousand Five Hundred and 00/100 Dollars ($1,500.00) per day for each and every calendar day Substantial Completion (as defined in the contract) is delayed beyond the contract time of Four Hundred Thirty (430) Calendar Days after the effective date stated in the Notice to Proceed, as further defined in the Contract.

The County, or its assignee, shall have the right to deduct from and retain out of monies which may be then due or which may become due and payable to the successful Bidder, the amount of such liquidated damages; and if the amount so retained by the County, or its assignee, is not sufficient to pay in full such liquidated damages, the Bidder shall pay to the County, or its assignee, the amount necessary to effect payment in full of such liquidated damages. Thirty (30) Calendar Days are allotted for completion of punch list items following Substantial Completion. See additional terms in the contract.

B. Actual Damages

The County reserves the right to include a provision detailing actual damages in its Contract.

8. MISCELLANEOUS

A. The successful Bidder shall familiarize itself with existing site conditions.

B. The successful Bidder is required to have a superintendent on-site on a full-time basis whenever the Work is being performed and to list certain key supervisors.

C. The successful Bidder is responsible for, and shall bear the cost of, disposal of all construction debris. Note that Bee’s Ferry Landfill no longer accepts commercial construction debris.

9. PAYMENT TO CONTRACTOR

The County shall pay the Contractor for the performance of the Work, including all items necessary to accomplish and complete the Work, in accordance with all terms and conditions as stated in Attachment C, Sample Contract, on the following basis:

The Contractor shall submit monthly invoices itemizing all labor and materials for which payment is requested based on completed Work with the acceptance of the Work by the County's authorized Representative. The County may at any time request backup documentation for any invoice for which it reasonably has questions. Payment may be withheld until such information is provided, as required by the County.

10. SECURITY REQUIRED

A. Bid Security – 5% Bid Bond

Each bid must be accompanied by a Bid Bond acceptable to the County. Bid Bonds must be issued by a corporate surety registered and authorized to do business in the State of South Carolina. Bid bonds shall be payable to the County, and shall be for at least five (5%) percent of the total amount of the bid. The Bid Bond serves as a guarantee deposit that the bid will be carried out to the complete satisfaction of the County.

A copy of the Bid Bond must be submitted with the proposal. The original Bid Bond must be received in the County’s Procurement Office from the lowest responsive and responsible bidder within 24 hours once notified by email.

(1) Forfeiture of Bid Security

Failure of the successful Bidder to execute the Contract, meet performance and payment bond requirements, or failure to submit insurance requirements within five

(5) business days after issuance of the Notice of Award, shall result in the Bidder’s bid security being forfeited as liquidated damages. The Notice of Award and Contract will be rescinded and awarded to another Bidder. Withdrawal of a Proposal after the opening date and time but prior to final award, may also result in forfeiture of bid security.

(2) Submitting Certified Check in lieu of Bid Bond, Return of Security

In lieu of a Bid Bond, Bidders may submit a certified check or cashier’s check in aforesaid amount payable in U.S. funds. A copy of the check must be submitted with the bid. The original certified check or cashier’s check must be received in the County’s Procurement Office from the lowest responsive and responsible bidder within 24 hours once notified by email.

Pursuant to County policy, bid security submitted in the form of checks will be deposited with the County Treasurer into the County General Fund.

Bid Security submitted in the form of a check will be returned to all Bidders after the successful Bidder has executed the Contract and delivered all required bonds. If a contract has not been awarded within the time frame requested for the Bidders to hold their firm and irrevocable offer, the bid security will be returned upon demand of the Bidder. Bidders will not be entitled to any interest earnings on returned funds. Security will be refunded in the form of a County check.

B. Payment and Performance Security

(1) The successful Bidder shall provide performance and payment bonds, in a form satisfactory to the County (see attached Sample Forms in Attachment D), in the following amounts:

Payment Bond: 100% of the total amount of the Contract.

Performance Bond: 100% of the total amount of the Contract.

(2) The aforesaid payment and performance bonds must be issued by a corporate surety registered and authorized to do business in South Carolina and must be counter-signed by a licensed, authorized South Carolina agent.

(3) Attorneys-in-fact who sign bid bonds or performance bonds must file with each bond a certified and effective, dated copy of their power of attorney.

(4) The time to be covered by the performance bond shall commence on the date of execution of any contract resulting from this IFB and terminate two (2) years after final payment to Contractor by County.

(5) The time to be covered by the payment bond shall commence on the date of execution of any contract resulting from this IFB and terminate twelve (12) months after the date of final acceptance of the Work by the County.

11. INSURANCE REQUIREMENTS

See Attachment D, Sample Forms. The successful Bidder, at its own expense, shall at all times during the term of the Contract, maintain insurance as required herein and previously incorporated by reference. The County shall not execute the Contract until the successful Bidder has submitted acceptable Insurance Certificate(s) and Endorsement(s), which must be submitted within Five (5) Business Days of receipt of the Notice of Award, and which reflect that the required coverages are in place and that all premiums have been paid. Refusal or failure to submit such Insurance Certificate(s) and Endorsement(s) shall constitute grounds for the County to revoke its Notice of Award, forfeit bid security, and award the Contract to another successful Bidder. The County may contact the successful Bidder’s insurer(s) or insurer(s)' agent(s) directly at any time regarding the successful Bidder’s coverages, coverage amounts, or other such relevant and reasonable issues related to this Contract. The successful Bidder shall also require any sub-contractors to carry the same coverages in the same amounts.

The successful Bidder shall furnish and maintain all-risk builder’s risk property insurance, satisfactory to the County, upon the entire Work at the site to the full insurable value thereof. This coverage shall name Charleston County as an additional insured, must include the interests of the successful Bidder, subcontractors and sub-subcontractors in the Work, and must be procured from an insurer licensed to do business in South Carolina with a Best’s rating of “A+, A, A-”. The policy must insure against perils including, but not limited to, earthquake, fire, extended coverages, windstorm, lightning, flood, and physical loss or damage, including theft, vandalism and malicious mischief.

Insurance Certificate(s) and Endorsement(s) will be accepted electronically. The County must be advised immediately of any changes in required coverages.

12. SMALL BUSINESS ENTERPRISE (SBE) PROGRAM

Charleston County Council has amended its Procurement Ordinance to include a mandatory Small Business Enterprise (SBE) subcontract requirement on all procurements and contracts. See Attachment E, Required Forms, for details on the requirement for this project.

13. ON-THE-JOB-TRAINING PROGRAM

Charleston County Council has amended its Procurement Ordinance to include an On-The-Job- Training (OJT) Program requirement on selected contracts. See Attachment F, Required Forms, for details on the requirement for this project.

ATTACHMENT B

SCOPE OF WORK/SPECIFICATIONS

The Scope of Work/Specifications and Drawings are intentionally not attached hereto but are provided separately herewith. The Scope of Work/Specifications and Drawings are, nevertheless, part and parcel of this solicitation and are incorporated herein by reference.

ATTACHMENT C

SAMPLE CONTRACT

STATE OF SOUTH CAROLINA )

COUNTY OF CHARLESTON )

Contract No. 6176

Bees Ferry Class Three Landfill Cells 3 & 6 Construction

THIS CONTRACT (hereinafter the “Contract”) entered into this _____ day of (Month) 2026 between the COUNTY OF CHARLESTON, South Carolina, a public body corporate and politic and political subdivision of the State of South Carolina, (hereinafter the "County") and (NAME OF COMPANY/INDIVIDUAL), a (State Name) Sole Proprietorship/Partnership/Corporation, Limited Liability Corporation (choose one), the address of which is Street, City, State, Zip (hereinafter the "Contractor"), (“Party” as to each; collectively the “Parties”).

W I T N E S S E T H:

WHEREAS, the County wishes to contract for the project identified Bees Ferry Class Three Landfill Cells 3 & 6 Construction (“Project”); and

WHEREAS, the Contractor has represented to the County that its staff is qualified to perform the work and perform this Contract in a professional and timely manner; and

WHEREAS, the County has relied upon the above representations by the Contractor; and

WHEREAS, the County's Facilities Director has recommended that a contract for aforesaid construction be entered into with the Contractor; and

NOW, THEREFORE, for and in consideration of these promises, of the mutual covenants herein set forth, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, and the above-referenced recitals incorporated into this Contract herein by reference, the Parties hereto hereby agree as follows:

ARTICLE 1

DOCUMENTS INCORPORATED BY REFERENCE

This Contract includes the plans and specifications for the Project, specifically identified as the following:

Exhibit A: Invitation for Bids (IFB) No. 6176-26B and Addenda __ through __ Exhibit B1: Specifications Exhibit B2: Drawings Exhibit C: Contractor’s Insurance Certificate(s) and Endorsement(s) Exhibit D: Contractor’s Bid dated ___________________, 20__ Exhibit E: Drug-free Workplace Certification (Required on contracts over $50,000)

All of which are hereby incorporated herein by reference and made a part hereof (hereinafter collectively referred to as the “Contract Documents”). Change orders issued hereafter, Construction Change Directives, a Direction for a Minor Modification in the work issued by the County, and any other amendments executed by the County and the Contractor shall become and be a part of this Contract.

In the event of any conflict, discrepancy, or inconsistency among any of the documents which make up this Contract, the following shall control:

a. As between the Contract and the Contract Documents or any other document to include, but not limited to, the plans or specifications, the Contract shall govern.

b. In the event of any conflict, discrepancy, or inconsistency among any of the other Contract

Documents, the Contractor shall notify the County immediately upon discovery of same, and the County will notify the Contractor of the resolution.

c. Any documents not included or expressly contemplated in this Contract do not, and shall not, form a part of this Contract. The Contract Documents are intended to be complementary, and a requirement in one document shall be deemed a requirement in all documents.

ARTICLE 2

DEFINITIONS

- Application for Payment: the Contractor’s certified request for payment for completed portions of the Work and for materials or equipment suitably stored pending their incorporation into the Work;

interchangeable with Payment Request

- Architect/Engineer: The Architect/Engineer for the Work is Garrett and Moore Inc.; unless otherwise directed by the County in writing, the Architect/Engineer will perform those duties and discharge those responsibilities, if any, allocated to the Architect/Engineer in this Contract

- Change Order: a bilateral amendment to the Contract signed by the County, the Architect and the

Contractor authorizing a change in the Work or an adjustment in the Contract Price or the Contract Time or both

- Construction Change Directives: a written order prepared by the County directing a change in the

Work stating a proposed basis for adjustment, if any, in the Contract Price or Contract Time

- Contract Price: the sum stated in the Contract, which is the total amount payable by the County to the Contractor for performance of the Work under the Contract Documents

- Contract Time: the period of time allotted in the contract Documents for Substantial Completion of the Work, including authorized adjustments hereto

- Direction for Minor Modification: supplemental instruction given in advance by the County to the Contractor, which may or may not include a change in the Contract Price

- Final Completion: denotes that the Work has been completed in accordance with the terms and conditions of the Contract Documents

- Final Payment: the last payment made by the County to the Contractor of the entire unpaid balance of the Contract Price as adjusted by Change Orders and/or modifications

- Payment Request: used interchangeably with Application for Payment

- Project: the total construction and/or furniture, furnishings and equipment of which the Work performed under the Contract Documents may be the whole or a part; used interchangeably with Work in this

- Project Site: geographic location of the Project, usually defined by legal boundary lines; used interchangeably with the Work Site

- Schedule of Values: a statement furnished by the Contractor reflecting the portions of the Contract

Price allocated to the various portions of the Work and used as the basis for reviewing the Contractor’s Application for Payment

- Substantial Completion: that point at which, as certified in writing by the Architect / Engineer and approved by the County, the Work, or a designated portion thereof, is sufficiently complete in accordance with the Contract Documents such that the County or its designee can enjoy beneficial use or occupancy and can legally occupy, use or operate it in all respects, for its intended purpose

- Work: the construction and services required by the Contract Documents, whether completed or partially completed, and including all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations; may constitute a whole or a part of the Project; used interchangeably with Project in this Contract

- Work Site: the geographic location of the Work; used interchangeably with the Project Site

ARTICLE 3

REPRESENTATIONS OF THE CONTRACTOR

In order to induce the County to execute this Contract and recognizing that the County is relying thereon, the Contractor, by executing this Contract, makes the following express representations to the County:

3.A The Contractor is fully qualified to act as the general contractor for the Project and has, and shall maintain, any and all licenses, permits or other authorizations necessary to act as the general contractor for, and to construct the Project; and

3.B The Contractor has become familiar with the Project Site and the local conditions under which the

Project is to be constructed and operated; and

3.C The Contractor has received, reviewed and examined all of the Contract Documents, including, but not limited to all plans and specifications, and has found them to the best of its knowledge, to be complete, accurate, adequate, consistent, coordinated and sufficient for construction.

ARTICLE 4

INTENT AND INTERPRETATION

With respect to the intent and interpretation of this Contract, the County and the Contractor agree as follows:

4.A This Contract (along with its exhibits), together with the Contractor's and surety's performance and payment bonds for the Project constitute the entire and exclusive Contract between the Parties with reference to the Project, and said Contract supersedes any and all prior discussions, communications, representations, understandings, negotiations, or contracts; and

4.B Anything that may be required, implied or reasonably inferred by the documents which make up this Contract, or any one or more of them, shall be provided by the Contractor for the Contract Price; and

4.C Nothing contained in this Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the County and any person except the Contractor; and

4.D When a word, term, or phrase is used in this Contract, it shall be interpreted or construed first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage; and

4.E Wherever this Contract calls for “strict” compliance or conformance with the Contract Documents as to matters other than compliance with time limits, providing an updated schedule, and claim and Change Order procedures, the term shall mean within tolerances as described specifically in the Contract Documents, or if not specifically described, within industry standards and tolerances for deviation for the specific item or procedure in question; and

4.F The words "include", "includes", or "including", as used in this Contract, shall be deemed to be followed by the phrase, "without limitation"; and

4.G The listing herein of any items as constituting a material breach of this Contract shall not imply that any other, non listed item will not constitute a material breach of this Contract; and

4.H The Contractor shall have a continuing duty to read, examine, review, compare and contrast each of the documents which make up this Contract, shop drawings, and other submittals and shall give written notice to the County of any conflict, ambiguity, error or omission which the Contractor may find with respect to these documents, before proceeding with the affected Work. The express or implied approval by the County Facilities Department of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with this Contract. The County has prepared documents for the Project, including the plans and specifications for the Project, which are accurate, adequate, consistent, coordinated and sufficient for construction. The Contractor shall not be liable to the County for damage resulting from errors, inconsistencies or omissions in the Contract Documents unless the Contractor recognized, or reasonably should have recognized, such error, inconsistency or omission and knowingly failed to report it to the County. If the Contractor performs any activity knowing it involves an error, inconsistency or omission which was recognized, obvious, or reasonably should have been recognized, without such notice to the County, the Contractor shall assume responsibility for such performance and shall bear the costs for correction.

ARTICLE 5

INDEPENDENT CONTRACTOR

The Contractor is an independent contractor and shall not be deemed the agent or employee of the County for any purpose whatsoever. The Contractor shall not hold itself out as an employee of the County, and shall have no power or authority to bind or obligate the County in any manner, except the County shall make payment to the Contractor for work/services and expenses as herein provided. The Contractor shall obtain and maintain all licenses and permits required by law for the performance of this Contract or its employees, agents, and servants. The Contractor shall be liable for and pay all taxes required by local, state or federal governments, including, but not limited, to social security, Workers' Compensation, employment security, and any other taxes and licenses or insurance premiums required by law. No employee benefits of any kind shall be paid by the County to or for the benefit of the Contractor or its employees, agents, or servants by reason of this Contract.

ARTICLE 6

OWNERSHIP OF THE DOCUMENTS WHICH MAKE UP THE CONTRACT

As between the County and the Contractor, the documents which make up this Contract, and each of them, as well as any other documents furnished by the County, shall remain the property of the County. The Contractor shall have the right to keep one (1) copy of the Contract upon Final Completion of the Project;

provided, however, that in no event shall the Contractor use, or permit to be used, any portion or all of such Contract on other projects without the County's prior written authorization.

ARTICLE 7

CONTRACTOR'S PERFORMANCE

The Contractor shall perform all of the Work required, implied or reasonably inferable from this Contract including, but not limited to, the following:

7.A The Contractor will complete the entire Work described in the Contract Documents, except as specifically identified therein as the Work of other parties, in accordance with the terms herein, Exhibits A, B1, and B2, all as may be amended from time to time; and

7.B The furnishing of any and all required surety bonds and Insurance Certificate(s) and

Endorsement(s); and

7.C The provision or furnishing, and prompt payment therefor, of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, disposal, power, fuel, heat, light, cooling, or other utilities, required for construction and all necessary building permits and other permits or licenses required for the construction of the Project;

and

7.D The creation and maintenance of a detailed and comprehensive copy of the drawings, specifications, addenda, Change Orders and other modifications depicting all as-built construction.

Said items shall be submitted to the County, along with other required submittals upon Final Completion of the Project, and receipt of same by the County shall be a condition precedent to Final Payment to the Contractor. The Contractor shall prepare and submit final as-built drawings to the County.

ARTICLE 8

TIME FOR CONTRACTOR’S PERFORMANCE: DELAYS

8.A The Contractor shall commence the performance of this Contract on the date set forth in the Notice to Proceed, issued by the Contracts and Procurement Director, and shall diligently continue its performance to and until Final Completion of the Project. The Contractor shall accomplish Substantial Completion of the Project no more than Four Hundred Thirty (430) Calendar Days following the issuance of a Notice to Proceed (sometimes hereinafter referred to as the “Contract Time”). By signing this Contract, the Contractor agrees that the Contract Time is a reasonable time for accomplishing Substantial Completion of the Project. There will be no monetary early completion incentive. The Contractor shall submit its initial progress schedule in accord with Subarticle 12.G below.

8.B.1 The Parties agree it is impossible to determine the actual and consequential damages resulting from

Contractor’s delay in completion of the Work, so a liquidated damages provision is appropriate.

The Parties intend for a sum certain of $1,500 per day for each and every calendar day the completion of the Work is delayed beyond the calendar date in this Contract to be the predetermined measure of compensation for actual damages for a delay in completion of the Work. The Contractor agrees that if the Work, or any part thereof, is not completed within the time agreed upon in this Contract or any extension thereof, the Contractor or its sureties shall be liable to the County in the amount of $1,500 per day for each and every calendar day the completion of the Work is delayed beyond the calendar date in this Contract, as fixed and agreed liquidated damages and not as a penalty; and the County shall have the right to deduct from and retain out of monies which may be then due or which may become due and payable to the Contractor, the amount of such liquidated damages; and if the amount so retained by the County is not sufficient to pay in full such liquidated damages, the Contractor shall pay to the County or its sureties the amount necessary to effect payment in full of such liquidated damages.

Liquidated Damages will not be assessed for any adjustment of the Contract Time for completion of the Work granted in accordance with the provisions of this Contract.

Permitting the Contractor to continue and finish the Work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way be deemed a waiver on the part of the County of any of its rights under this Contract.

Additional provisions concerning the Contractor’s liability in certain specific events or circumstances are set forth throughout the Scope of Work. By signing this Contract, the Contractor expressly agrees to the terms thereof.

8.B.2 If the Contractor fails to achieve Final Completion of all punch list items within thirty (30) Calendar

Days of the date of Substantial Completion, the County reserves the right to contract with other parties to complete the Work, or to use other forces, utilizing funds retained or collected under this Contract as set forth in Subarticle 9.G below. This Subarticle is not limited by the terms of Subarticle 11.A below; and

In addition to other remedies of the County, actual damages may be withheld or collected for failure to meet the date for Final Completion, as set forth in Subarticle 8.B.1 above.

8.C Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete, and such partial use or occupancy shall not be evidence of Substantial Completion.

8.D All limitations of time set forth herein are material and are of the essence of this Contract.

8.E The Contractor agrees to punctually and diligently perform all parts of the Work at the time scheduled as determined in Subarticle 12.G below. In this connection, the Contractor agrees that it will keep itself continually informed of the progress of the job and will, upon its own initiative, confer with the County so as to plan its work in coordinated sequence with the work of the County and of others and so as to be able to expeditiously undertake and perform its work at the time most beneficial to the entire Project. The Contractor will be liable for any loss, costs, or damages sustained by the County for delays in performing the Work hereunder, other than for excusable delays, as set forth in Subarticle 8.F below, for which the Contractor may be granted a reasonable extension of time.

8.F If the Contractor is delayed at any time in the progress of the Work by any separate contractor employed by the County, or by changes in the Work, or by labor disputes, fire, unusual delay in transportation, unusually severe weather conditions, unavoidable casualties, delays specifically authorized by the County, or by causes beyond the Contractor's control, avoidance, or mitigation, and without the fault or negligence of the Contractor and/or subcontractor or supplier at any tier, then the Contract Time shall be extended by Change Order for such reasonable time, if any, as the County may determine that such event has delayed the progress of the Work, or overall completion of the Work if the Contractor complies with the notice and documentation requirements set forth below.

If the Contractor is delayed, obstructed, hindered or interrupted for a period of time exceeding seven (7) Calendar Days by any act or neglect of the County, an adjustment shall be made for any increase in the direct cost of performance of this Contract (excluding profit, extended home office overhead, incidental or consequential damages or disruption damages) and the Contract modified in writing accordingly. The Contractor must assert its right under this Article by giving written notice to the County within ten (10) Calendar Days of the beginning of a delay, obstruction, hindrance or interruption by the County.