3-IFB 2025-27 Jonesville Road Site Demolition.pdf

1 | P a g e

TOWN OF HILTON HEAD ISLAND

Bid Transmittal Page

Date Advertised: September 10, 2025 Vendors shall complete all information requested on this page and submit it with their bid

INVITATION

FOR BID

(IFB)

Bid Submission:

Bids will ONLY be accepted electronically via the Town’s Procurement Portal which can be accessed using the link below:

hiltonheadislandsc.bonfirehub.com/portal

Solicitation Number:

IFB 2025-27

Description/Title:

Jonesville Road Site Demolition

*Bid Submittal Deadline:

5:00 pm Eastern Time on October 2, 2025

*Bids will not be accepted after the stated time and date.

Bids will be publicly opened via virtual conference at 9:30 am Eastern Time on October 3, 2025. The link to participate in the virtual opening is provided in Section I of this IFB.

Pre-Bid Conference Information: OPTIONAL pre-bid meeting will be held at 200 Jonesville Road, on September 24, 2025 at 10:00 am Eastern Time.

Town Contact:

Jessica Cummings, Contracts Administrator jessicac@hiltonheadislandsc.gov

(843) 384-5104

Deadline For Questions:

5:00 pm Eastern Time on September 26, 2025

Questions should be submitted through the Town’s Procurement Portal using the “Ask a question” button.

Vendor Name: Vendor Contact Name:

Vendor Mailing Address: Vendor Contact Phone:

City-State-Zip-Code: Vendor Contact Email Address:

By signature below, I certify that this bid is made and submitted without prior understanding, agreement, or connection with any corporation, firm or any corporation, firm, or person submitting a bid for the same materials, supplies, equipment or services, and is in all respects fair and without collusion or fraud. I agree that this bid shall be good and held open for a period of at least sixty (60) days from the Submittal Deadline. I agree to abide by all conditions of this solicitation and certify that I am authorized to sign this bid on behalf of the bidder.

Vendor Authorized Signature:

Signature Date

Name and Title of Signatory:

Name:

Title:

https://hiltonheadislandsc.bonfirehub.com/portal/?tab=openOpportunities mailto:jessicac@hiltonheadislandsc.gov

2 | P a g e

TOWN OF HILTON HEAD ISLAND

IFB 2025-27

Table of Contents

BID TRANSMITTAL PAGE

TABLE OF CONTENTS

INVITATION FOR BID: IFB 2025-27:

I. GENERAL INFORMATION AND SUBMITTAL INSTRUCTIONS

II. SCOPE OF WORK

III. BID REQUIREMENTS AND FORMATTING

IV. EVALUATION CRITERIA AND CONTRACT AWARD

V. STANDARD CONTRACT TERMS AND CONDITIONS

EXHIBIT A: CHECKLIST OF SUBMITTAL REQUIREMENTS

EXHIBIT B: PRICING FORM

EXHIBIT C: SAMPLE TOWN AGREEMENT

EXHIBIT D: SC ILLEGAL IMMIGRATION ACT AFFIDAVIT

EXHIBIT E: GENERAL CONDITIONS

EXHIBIT F: SPECIAL CONDITIONS

EXHIBIT G: SPECIFICATIONS/PLANS (see separate pdf document)

EXHIBIT H: BID SURETY FORM

EXHIBIT I: NON-COLLUSION STATEMENT

EXHIBIT J: CERTIFICATE OF LICENSE

EXHIBIT K: REFERENCE FORM

EXHIBIT L: SMALL & MINORITY BUSINESS GOOD FAITH PACKET

3 | P a g e

I. GENERAL INFORMATION AND SUBMITTAL INSTRUCTIONS

The Town of Hilton Head Island (“Town”) is soliciting sealed bids from qualified contractors (“Bidders” or “Contractors”) for the provision of site demolition services at the Jonesville Road Stables Site located at 200, 223 and 234 Jonesville Road, Hilton Head Island, SC 29926, in accordance with the specifications provided herein.

An OPTIONAL pre-bid meeting will be held at 200 Jonesville Road, Hilton Head Island 29926 on Wednesday, September 24, 2025 at 10:00 AM.

Bids must be submitted by the Bid Submittal Deadline shown on the Transmittal Page. Bids will ONLY be accepted electronically via the Town’s Procurement Portal which can be accessed using the following link hiltonheadislandsc.bonfirehub.com. If electronic submittal poses a hardship, please notify the Town Contact person identified on the Transmittal Page.

Bids will be publicly opened via virtual conference at the date and time indicated on the Transmittal Page. Only the names of Bidders and pricing information will be provided at the opening. To participate, please use the following meeting link and information.

All questions regarding this solicitation must be submitted in writing via the Town’s Procurement Portal using the “Ask a question” button. Questions will be publicly answered via the Procurement Portal as well. PLEASE NOTE THAT SINCE VENDOR Q&A WILL BE

PUBLICLY POSTED ON THE PROCUREMENT PORTAL, THE TOWN WILL NOT BE ISSUING ANY

ADDENDUMS RELATED TO VENDOR Q&A. It is Offeror’s responsibility to check the “Public Q&A” tab under the “Messages” section on the procurement portal to access and review all vendor Q&A. Addendums may still be issued for other information, and although addendums are sent to all Offerors via public notice, it is still the Offeror’s responsibility to check the procurement portal for any issued addendums.

The Town reserves the right to accept or reject any or all bids received as a result of this solicitation, or to negotiate with all qualified bidders, or to cancel in part or in its entirety this

Virtual Bid Opening Link and Information October 3, 2025 at 9:30 am Eastern Time.

Microsoft Teams Need help?

Join the meeting now Meeting ID: 290 369 836 255 4 Passcode: TA2tY7qF https://hiltonheadislandsc.bonfirehub.com/portal https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_NjMxOTFlMTAtM2Y0NC00YTVkLWFjODEtNmY1NTE3OTZmMzg4%40thread.v2/0?context=%7b%22Tid%22%3a%220532dcac-ed77-486e-9810-63efa5ac7c95%22%2c%22Oid%22%3a%22beedccd4-39ef-4a07-99dc-b2b276b52c4d%22%7d

4 | P a g e invitation for bids, if it is in the best interests of the Town. The Town reserves the right to refuse any and all bids and to waive any technicalities and formalities. The Town reserves the right to waive any mandatory requirements in this solicitation if such requirement is unmet by all Bidders, and, such a waiver is determined to be in the best interest of the Town.

This solicitation does not commit the Town to award a contract or to procure for any articles of goods or services. The Town shall not incur or pay for any costs associated with the preparation of bids.

Bids must be signed by an official of Bidder authorized to bind Bidder. Electronic signature using secure signature software is acceptable. By submitting a bid, Bidder agrees that its bid shall be good and held open for a period of at least sixty (60) days from the Bid Submittal Deadline.

The Town does not discriminate on the basis of race, color, national origin, sex [including pregnancy and childbirth (or related medical conditions)], religion, age or disability in employment or in the provision of goods and services.

The Town recognizes that small businesses enterprises as well as businesses enterprises owned and operated by women and/or minority persons (collectively “disadvantaged business”) have historically faced challenges resulting in less than full participation in the free enterprise system to a degree disproportionate to other businesses. Therefore, the Town is committed to ensuring that such disadvantaged business enterprises are afforded every opportunity to fully and fairly participate in the Town’s procurement process for goods and services. In the event of a tied bid involving a certified disadvantaged Bidder and a non-disadvantaged Bidder, the Town will award the contract to the certified disadvantaged Bidder. Tied bids involving two certified disadvantaged Bidders will be settled with a random selection method chosen by the Town. It is the obligation of the disadvantaged business to submit proof of current certification from a governmental entity in the United States at the time they submit their bid in order for the certification to be considered by the Town in determining an award as described above. Tied bids involving two non-disadvantaged Bidders will be settled with a random selection method chosen by the Town.

The Town offers a Local Vendor Certification whereby such certified vendors will be granted a preference by having their bid price reduced by five percent (5%), up to a maximum reduction of ten thousand dollars ($10,000). The reduction in price is only for evaluation purposes, and if such a vendor is awarded a contract, the final contract price will reflect the original bid amount before the local vendor preference was applied. To receive the local vendor preference, Bidder must be certified by the Town prior to the submittal deadline and submit a copy of their certification with their bid. Bidders submitting a local vendor form with their bid which has not been certified by the Town, will not be eligible to have the local vendor preference applied to their bid. A copy of the Local Vendor Certification Form can be found in the Supporting Documentation section for this solicitation on the Procurement Portal.

5 | P a g e

The Town is required under the South Carolina Freedom of Information Act, to upon request, make public and disclose all documents of, and documents incidental to, executed contractual arrangements. Therefore, Bidders, by submitting a bid in response to this solicitation, are acknowledging that all materials submitted in their response may be subject to such disclosure, regardless of any labeling of materials as “confidential” or “proprietary” or other similar notations.

II. SCOPE OF WORK / SPECIFICATIONS

The Town of Hilton Head Island is soliciting sealed proposals from qualified and properly licensed contractors to provide site demolition services at the Jonesville Road Stables Site located at 200, 223 and 234 Jonesville Road, Hilton Head Island, SC 29926 See Exhibit G (separate pdf document) for additional details on the plans and specifications for this project.

Any prospective bidder is invited to visit the site for the purposes of preparing their proposal.

A. General Requirements Contractor will be responsible for the removal and legal disposal of all debris. The closest landfill is Oakview Landfill in Ridgeland, SC. Contractor shall call and confirm their receipt of commercial solid waste.

Contractor shall provide all necessary equipment, materials, transportation, and labor for the requested demolition and debris removal.

The Town shall be responsible for securing all required permits. Contractor is responsible for ensuring compliance with all requirements of the Town and State codes for land disturbance, stormwater management, and sediment and erosion control. If permits have not been issued at the time of contract negotiation, the Town will wait to issue the Notice to Proceed until receipt of all permits.

Contractor shall be responsible for maintaining site closure during performance of contracted work based on the project Traffic Control Plan. Site shall remain closed to thru traffic for the duration of the contracted work period.

Appropriate work zone safety provisions shall be made at all times for the protection of residents, motorists, pedestrians, and workers.

All work shall be performed during hours specified in section SC-32 in the town of Hilton Head Island Special Conditions in Exhibit F of this IFB.

Contractor shall be responsible for any repair/replacement for any damage caused by Contractor’s equipment or workmanship.

Existing trees shall be protected to the extent necessary as required in the Land Management Ordinance (LMO) to avoid potential damage.

6 | P a g e

A work plan and sequence of work shall be developed by the successful contractor.

The project shall commence within seven (7) calendar days from date of Notice To Proceed, and shall be completed by the agreed upon project schedule end date in the resulting contract.

If contract negotiations conclude before receipt of all project permits, the Town shall wait to release the Notice to Proceed upon receipt of all permits from jurisdictional agencies.

Contractor shall be a state licensed contractor as recorded with the South Carolina Department of Labor, Licensing and Regulation.

Contractor is required to maintain appropriate levels of insurance as specified in section SC- 5 in the Town of Hilton Head Island Special Conditions in Exhibit F of this IFB.

The requirements of The Code of Laws Of South Carolina, "An Act To Regulate The Practice Of General And Mechanical Contracting In South Carolina (1997)", Chapter 11, Title 40, Section 40-11-S through Section 40-11-430 and The Rules And Regulations Of The South Carolina Licensing Board For Contractors, Chapter 29, Articles 1, 2, 3, 4, 29-1 through 29-19, will be strictly enforced. All Contractors and Subcontractors must be properly licensed in the Group, Classification, and/or Sub Classification as required by the South Carolina Licensing Board for Contractors. Proposals will not be accepted from improperly licensed or unlicensed Contractors and/or Subcontractors.”

B. Utilities Contractor shall call South Carolina 811 “No Cuts” to identify underground utilities prior to commencing work.

All water lines and sanitary sewer lines associated with former site structures were capped at the time of the building demolition.

Any and all existing storm drains shall remain in place.

C. Plans See Exhibit G (separate document) for additional details on the plans and specifications for this project.

III. BID REQUIREMENTS AND FORMATTING

Bidders are REQUIRED to submit all requested information and/or documentation outlined in this solicitation. Any Bidder failing to do so may have their bid rejected as being non-responsive making them ineligible for contract award. Bidder must complete and return with their bid the “Checklist of Submittal Requirements”, a copy of which is included in this solicitation as Exhibit A.

7 | P a g e

Bid Surety If the Offeror’s proposed cost exceeds One Hundred Thousand Dollars ($100,000), Offeror must submit with their proposal a completed Bid Surety form, attached hereto as Exhibit H, which shall be accompanied by a PHOTO COPY of Bid Bond in an amount equal to at least five percent (5%) of the amount of the proposed cost, made payable to the Town.

Performance and Payment Bonds If the proposed cost exceeds One Hundred Thousand Dollars ($100,000), the successful Contractor shall deliver to the Town within ten (10) business days from the commencement date of this Agreement, the following bonds which shall become binding on the parties and must be in place before a Notice to Proceed is issued:

1. A performance bond satisfactory to the Town, executed by a surety company authorized to do business in South Carolina, for the faithful performance of the contract in strict conformity with the plans, specifications and conditions of the contract. The bond shall be in an amount equal to 100% of the price specified in the contract; and

2. A payment bond satisfactory to the Town, executed by a surety company authorized to do business in South Carolina, for the protection of all persons supplying labor and material to the Contractor or its subcontractors for the performance of the work provided for in the contract. Labor and materials shall include public utility services and reasonable rentals of equipment, but only for the periods when the equipment rented is actually used at the site. The bond shall be in an amount equal to 100% of the price specified in the contract.

Bidders shall submit their response on the form provided in Exhibit B (see separate Excel document), including acknowledging receipt of any addendums issued in the space provided.

Failure to do so may subject the Bidder to disqualification.

Bidders shall complete and return Exhibit D acknowledging the requirements of the South Carolina Illegal Immigration Reform Act.

IV. EVALUATION CRITERIA AND CONTRACT AWARD

If a contract is awarded as result of this solicitation, such award will be made to the responsive and responsible Bidder whose bid results in the lowest cost to the Town. Responsiveness is defined as satisfactorily meeting the requirements specified in this solicitation. Responsibility will be determined by the Town’s direct experience with Bidder’s past performance, as well as the response of client references provided by Bidder. Contract award, as well as contract continuation of the contract in subsequent fiscal periods, is subject to availability of Town funds. The Town shall not incur or pay for any costs associated with the preparation of bids.

8 | P a g e

V. STANDARD CONTRACT TERMS AND CONDITIONS

Bidder acknowledges it has read and understands the terms and conditions provided in the Town’s standard contract clauses attached hereto as Exhibit C, and Bidder also agrees that such clauses shall substantially form the basis for a contract between Bidder and Town. Bidder also acknowledges that terms and conditions provided in this IFB, either in their entirety or relevant portions thereof, may be included and become part of any resulting contract.

All relevant portions of the exhibits of this IFB shall apply as appropriate.

EXHIBIT A

Checklist of Submittal Requirements

The following checklist is intended to advise the Bidder of all items or information that must be included with their submittal. Bidders shall provide:

1. Completed Bid Transmittal Page (page 1 of this IFB)

2. Signed Bidder Acknowledgement on this Exhibit A below

3. Completed Price Form, Exhibit B (see separate Excel document)

4. Completed Bid Surety Form, Exhibit H (only if bid exceeds $100,000)

5. Bid Bond (only if bid exceeds $100,000)

6. Completed South Carolina Illegal Immigration Reform Act Affidavit, Exhibit D

7. Completed Reference Form, Exhibit K

8. Completed Non-Collusion Statement, Exhibit I

9. Completed Certificate of License, Exhibit J with a Copy of South Carolina Contractor’s License

10. All applicable forms from the small & minority business good faith packet (Exhibit L).

11. Certificate(s) of Insurance as evidence that Contractor meets the insurance requirements specified in SC-5 of the Special Conditions, Exhibit F. Town of Hilton Head Island shall be added as an Additional Insured on Contractor’s Insurance upon contract award

12. Optional: Bidder shall include current Town business license with their bid if they have one. If not, Bidder will be required to obtain one prior to commencing any work if awarded the contract

13. Optional: Local Vendor Certification Form Pre-Approved by the Town (if applicable)

Bidder Acknowledgements:

In the space provided, Bidder shall acknowledge receipt and review of the following addendums issued for this solicitation.

Addendum #’s:

I have read the above checklist of submittal requirements as well as this solicitation in its entirety, and understand that failure to submit any item, document, form or information identified as being required in either document, may result in the rejection of our submittal and eliminate our company from consideration for contract award.

Bidder/Company:

Signature:

Name:

Title:

EXHIBIT B

PRICING FORM

We have reviewed the specifications for this project and can comply with all requirements therein. If selected by the Town of Hilton Head Island, we shall provide the specified services for the Lump Sum Bid Amount of $________________________.

This Pricing is all-inclusive, including applicable sales taxes. No additional compensation will be paid by Town to Contractor.

This bid is valid and in effect for sixty (60) days following the bid opening date

Company: ____________

Owner/Manager: ____________

Signature: ____________

Date: ____________

EXHIBIT C

STATE OF SOUTH CAROLINA )

) AGREEMENT

COUNTY OF BEAUFORT )

THIS AGREEMENT (“Agreement”) is made this day of , 2024 (“Effective Date”) between <<Company Name>> (hereinafter called “Contractor") and the Town of Hilton Head Island (hereinafter called "Town"), a municipal corporation organized and existing under the laws of the State of South Carolina.

WHEREAS, the Town has a need for a qualified contractor to provide site demolition services at the Jonesville Road Stables Site located at 200, 223 and 234 Jonesville Road, Hilton Head Island, SC 29926; and

WHEREAS, the Town and the Contractor desire to enter into an Agreement wherein the Contractor shall provide such services as set forth herein below.

NOW, THEREFORE, for and in consideration of the mutual promises, undertakings and covenants set forth herein, the receipt and sufficiency of which is acknowledged and affirmed by the Town and the Contractor, the parties hereto agree as follows:

1. The Contractor shall provide site demolition services at the Jonesville Road

Stables Site located at 200, 223 and 234 Jonesville Road, Hilton Head Island, SC 29926, in accordance with the Scope of Work

2. (Exhibit ), the General Conditions (Exhibit ), the Special Conditions (Exhibit ), and the Plans & Specifications (Exhibit ), all of which are incorporated herein by reference and made part of this Agreement.

3. The Contractor shall complete the entire Scope of Work including demobilization no later than (TBD) days from the date of Notice to Proceed (Performance Period)

4. The Town shall pay Contractor in accordance with the Fee Schedule attached as Exhibit , and made part of this Agreement. Contractor shall submit monthly progress billings to Town for approval and payment. Town shall withhold ten percent (10%) as retainage from the payment otherwise due. Retainage amount will be released to Contractor once Town has determined that the Contractor’s has satisfactorily completed all contracted work.

In the event that any assigned work and deliverables are not completed within the contract performance period outlined herein, such failure will result in a material breach of this Agreement. The Contractor shall be assessed liquidated damages of two hundred fifty dollars ($250) per calendar day for any additional days beyond the Performance Period required to achieve substantial completion of the work.

Changes to the Fee Schedule or the performance period may be required to account for changes in the work if requested by the Town, or as a result of conditions Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated at the time of contract execution. Such changes shall be made via a written change order approved by both parties.

5. The term of this Agreement shall be for a period commencing on the

Effective Date and expiring upon both parties completing the full obligations as provided herein.

6. The Contractor shall not commence work under this Agreement until it has obtained all the insurance required Contractor as specified in section SC-5 in the Special Conditions in Exhibit of this Agreement. Contractor shall not allow any Subcontractor to commence work under this Agreement until they also obtain the coverages specified in section SC-5 in the Special Conditions in Exhibit of this Agreement.

7. Within ten (10) business days from the commencement date of this

Agreement, the Contractor shall deliver to the Town, the following bonds, which must be in place before a notice to proceed is issued:

7.1 A performance bond satisfactory to the Town, executed by a surety company authorized to do business in South Carolina, for the faithful performance of the contract in strict conformity with the plans, specifications and conditions of the contract. The bond shall be in an amount equal to 100% of the Project Cost; and

7.2 A payment bond satisfactory to the Town, executed by a surety company authorized to do business in South Carolina, for the protection of all persons supplying labor and material to the Contractor or its subcontractors for the performance of the work provided for in the contract. Labor and materials shall include public utility services and reasonable rentals of equipment, but only for the periods when the equipment rented is actually used at the site. The bond shall be in an amount equal to 100% of the Project Cost.

8. Termination.

8.1 The Town may terminate this Agreement in whole or in part at any time for the convenience of the Town by delivery of a written notice to the Contractor of the Town's election to terminate this Agreement for the convenience of the Town. If this Agreement is terminated for the convenience of the Town, the Town will pay the Contractor only for those services rendered by the Contractor up to the date of termination, based on the existing rates of this Agreement, and prorated to the date of termination.

8.2 The Town may also terminate this Agreement if funds are not appropriated or otherwise made available to support continuation of this Agreement in subsequent fiscal years. In such event, the Town shall deliver a written notice to the Contractor that this Agreement is terminated effective the last day of the then current fiscal year due to the lack of appropriated funds, and the Town will pay the Contractor only through the end of the then current fiscal year at the existing rates in this Agreement.

8.3 If the Town is made to stop work on any work undertaken under this Agreement because of an order from a Court or State Department, the Agreement may be terminated. Payment will be made for work completed, with an appropriate pro-rated payment made for any incomplete work that is in progress, and for the overhead and profit of the completed work and work in progress. Payment will not be made for anticipated profit and overhead on work not completed nor in progress.

9. Should any part of this Agreement be rendered void, invalid, or unenforceable by any court of law, such a determination shall not render void, invalid, or unenforceable any other part of this Agreement.

10. This Agreement has been made and entered into in the State of South

Carolina, and the laws of South Carolina shall govern the validity and interpretation of this Agreement in the performance due hereunder.

11. This Agreement may not be modified unless such modification is in writing and signed by both parties.

12. The Contractor may not assign this Agreement without the prior written approval of the Town.

13. The Contractor shall defend, indemnify, and hold harmless the Town, its officers, directors, agents, and employees from and against any and all actions, costs, claims, losses, expenses, and/or damages, including attorney’s fees, whether incurred prior to the institution of litigation, during litigation, or on appeal arising out of or resulting from the conduct of any activity hereby authorized or the performance of any requirement imposed pursuant by this Agreement, however caused or occasioned, unless caused by the willful misconduct or gross negligence of the Town.

14. The parties hereto intend that no master/servant, employer/employee, or principal/agent relationship will be created by this Agreement. Nothing contained herein creates any relationship between the Town and the Contractor other than that which is expressly stated herein. The Town is interested only in the results to be achieved under this Agreement, and the conduct and control of the agents and employees of the Contractor and the methods utilized by the Contractor in fulfilling its obligations hereunder shall lie solely and exclusively with the Contractor and its agents and employees shall not be considered agents or employees of the Town for any purpose. No person employed by the Contractor shall have any benefits, status, or right of employment with the Town.

15. The Contractor, by signing this Agreement, hereby certifies that

Contractor shall comply with all applicable requirements of the South Carolina Illegal Immigration Reform Act, S.C. Code Ann. §41-8-10 (2007) et seq., (the "Act"), and that Contractor covenants and agrees as follows:

14.3 Contractor shall not knowingly or intentionally employ any unauthorized alien and, unless excluded from coverage of the "Act", shall verify the work authorization of newly hired employees performing work under the Agreement by registering and participating in the Federal Work Authorization Program (E- verify) and verifying the work authorization of every new hired employee within three (3) business days after employing employee.

14.4 Contractor agrees to provide to the Town all documentation requested by it to establish either:

14.4.1 the applicability of the South Carolina Illegal Immigration Reform Act to Contractor; or

14.4.2 compliance with the South Carolina Illegal Immigration Reform Act by Contractor.

14.5 Contractor agrees to include in any contracts with its sub-contractors language requiring its sub-contractors to:

14.5.1 comply with the applicable requirements of Title 8, Chapter 14 of the South Carolina Code of Laws; and

14.5.2 include in their contracts with the sub-subcontractors language requiring the sub-subcontractors to comply with the applicable requirements of Title 8, Chapter 14 of the South Carolina Code of Laws.

14.6 Contractor acknowledges and agrees that it shall comply with requirements of the Immigration Reform and Control Act of 1986 including the non-discrimination provisions thereof, and shall complete all required I-9 documentation for all workers employed by it.

16. Contractor certifies it shall comply with all state, federal, and local laws, rules, regulations and orders applicable to it in performance of work under the contract.

IN WITNESS WHEREOF, the parties hereto have affixed their signatures hereto the date first written hereinabove. The parties agree that an electronic copy, including facsimile copy, email, or scanned copy of the executed Agreement, shall be deemed, and shall have the same legal force and effect as, an original document.

<< CONTRACTOR NAME>>

By:

Its:

By:

Marc Orlando, ICMA-CM Town Manager

EXHIBIT D

Construction

By signing its bid or proposal, Contractor certifies that it will comply with the applicable requirements of Title 8, Chapter 14 of the South Carolina Code of Laws and agrees to provide to the Town of Hilton Head Island upon request any documentation required to establish either: (a) that Title 8, Chapter 14 is inapplicable both to Contractor and its subcontractors or sub-subcontractors; or (b) that Contractor and its subcontractors or sub-subcontractors are in compliance with Title 8, Chapter 14. Pursuant to Section 8-14-60, "A person who knowingly makes or files any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony, and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both." Contractor agrees to include in any contracts with its subcontractors language requiring its subcontractors to (a) comply with the applicable requirements of Title 8, Chapter 14, and (b) include in their contracts with the sub-subcontractors language requiring the sub-subcontractors to comply with the applicable requirements of Title 8, Chapter 14.

Non-Construction

By signing your offer, you certify that you will comply with the applicable requirements of Title 8, Chapter 14 of the South Carolina Code of Laws and agree to provide to the Town of Hilton Head Island upon request any documentation required to establish either: (a) that Title 8, Chapter 14 is inapplicable to you and your subcontractors or sub-subcontractors; or (b) that you and your subcontractors or sub-subcontractors are in compliance with Title 8, Chapter 14. Pursuant to Section 8-14-60, "A person who knowingly makes or files any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony, and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both." You agree to include in any contracts with your subcontractors language requiring your subcontractors to (a) comply with the applicable requirements of Title 8, Chapter 14, and (b) include in their contracts with the sub-subcontractors language requiring the sub-subcontractors to comply with the applicable requirements of Title 8, Chapter 14.

EXHIBIT D

CONTRACTOR AFFIDAVIT

SOUTH CAROLINA ILLEGAL IMMIGRATION REFORM ACT

In accordance with the requirements of the South Carolina Illegal Immigration Reform Act, ("Contractor") hereby certifies that it is currently in compliance with the requirements of Title 8, Chapter 14 of the South Carolina Code Annotated and will remain in compliance with such requirements throughout the term of its contract with the Town of Hilton Head Island, South Carolina

The Contractor hereby acknowledges that in order to comply with requirements of S. C. Code Annotated Section 8-14-20(B), it will register and participate in the federal work authorization program (E-verify) to verify the employment authorization of all new employees; and require agreement from its subcontractors, and through the subcontractors, the sub-subcontractors, to register and participate in the federal verification employment authorization of all new employees.

The Contractor agrees to provide to the Town of Hilton Head Island upon request any documentation required to establish the applicability of the South Carolina Illegal Immigration Reform Act to the contractor, subcontractor or sub-subcontractor. The Contractor further agrees that it will, upon request, provide the Town of Hilton Head Island with any documentation required to establish that the contractor and any subcontractors or sub-subcontractors are in compliance with the requirements of Title 8, Chapter 14 of the S. C. Code Annotated.

Date: By:

Name:

Title:

EXHIBIT F

RFP 2025-27

STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

Prepared by

ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE

and

Issued and Published Jointly by

AMERICAN COUNCIL OF ENGINEERING COMPANIES

ASSOCIATED GENERAL CONTRACTORS OF AMERICA

AMERICAN SOCIETY OF CIVIL ENGINEERS

PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE

A Practice Division of the

NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS

and

Amended by the Town of Hilton Head Island February, 2013

Endorsed by

This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations.

CONSTRUCTION SPECIFICATIONS INSTITUTE

STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

Copyright © 2007 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882 www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347-7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20201-4400

(800) 548-2723 www.asce.org

Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308

(703) 548-3118 www.agc.org

The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE.

These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other.

Comments concerning their usage are contained in the Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition).

http://www.nspe.org/ http://www.acec.org/ http://www.asce.org/ http://www.agc.org/ i

STANDARD GENERAL CONDITIONS OF THE

CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1 – Definitions and Terminology

1.01 Defined Terms

1.02 Terminology

Article 2 – Preliminary Matters

2.01 Delivery of Bonds and Evidence of Insurance

2.02 Commencement of Contract Times; Notice to Proceed

2.03 Starting the Work

2.04 Before Starting Construction

2.05 Preconstruction Conference; Designation of Authorized Representatives

2.06 Initial Acceptance of Schedules

Article 3 – Contract Documents: Intent, Amending, Reuse

3.01 Intent

3.02 Reference Standards

3.03 Reporting and Resolving Discrepancies

3.04 Amending and Supplementing Contract Documents

3.05 Reuse of Documents

3.06 Electronic Data

Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points

4.01 Availability of Lands

4.02 Subsurface and Physical Conditions

4.03 Differing Subsurface or Physical Conditions

4.04 Underground Facilities

4.05 Reference Points

4.06 Hazardous Environmental Condition at Site

Article 5 – Bonds and Insurance ii

5.01 Performance, Payment, and Other Bonds

5.02 Licensed Sureties and Insurers

5.03 Certificates of Insurance

5.04 Contractor’s Insurance (DELETED)

This section has been deleted – refer to the Special Conditions for Contractor’s Insurance requirements

5.05 Owner’s Liability Insurance (DELETED)

This section has been deleted – refer to the Special Conditions for Contractor’s Insurance requirements

5.06 Property Insurance (DELETED)

This section has been deleted – refer to the Special Conditions for Contractor’s Insurance requirements

5.07 Waiver of Rights

5.08 Receipt and Application of Insurance Proceeds

5.09 Acceptance of Bonds and Insurance; Option to Replace

5.10 Partial Utilization, Acknowledgment of Property Insurer

Article 6 – Contractor’s Responsibilities

6.01 Supervision and Superintendence

6.02 Labor; Working Hours

6.03 Services, Materials, and Equipment

6.04 Progress Schedule

6.05 Substitutes and “Or-Equals”

6.06 Concerning Subcontractors, Suppliers, and Others

6.07 Patent Fees and Royalties

6.08 Permits

6.09 Laws and Regulations

6.10 Taxes

6.11 Use of Site and Other Areas

6.12 Record Documents

6.13 Safety and Protection

6.14 Safety Representative

6.15 Hazard Communication Programs

6.16 Emergencies

6.17 Shop Drawings and Samples

6.18 Continuing the Work

iii

6.19 Contractor’s General Warranty and Guarantee

6.20 Indemnification

6.21 Delegation of Professional Design Services

Article 7 – Other Work at the Site

7.01 Related Work at Site

7.02 Coordination

7.03 Legal Relationships

Article 8 – Owner’s Responsibilities

8.01 Communications to Contractor

8.02 Replacement of Engineer

8.03 Furnish Data

8.04 Pay When Due

8.05 Lands and Easements; Reports and Tests

8.06 Insurance

8.07 Change Orders

8.08 Inspections, Tests, and Approvals

8.09 Limitations on Owner’s Responsibilities

8.10 Undisclosed Hazardous Environmental Condition

8.11 Evidence of Financial Arrangements

8.12 Compliance with Safety Program

Article 9 – Engineer’s Status During Construction

9.01 Owner’s Representative

9.02 Visits to Site

9.03 Project Representative

9.04 Authorized Variations in Work

9.05 Rejecting Defective Work

9.06 Shop Drawings, Change Orders and Payments

9.07 Determinations for Unit Price Work

9.08 Decisions on Requirements of Contract Documents and Acceptability of Work

9.09 Limitations on Engineer’s Authority and Responsibilities

9.10 Compliance with Safety Program

Article 10 – Changes in the Work; Claims

10.01 Authorized Changes in the Work

10.02 Unauthorized Changes in the Work

iv

10.03 Execution of Change Orders

10.04 Notification to Surety

10.05 Claims

Article 11 – Cost of the Work; Allowances; Unit Price Work

11.01 Cost of the Work

11.02 Allowances

11.03 Unit Price Work

Article 12 – Change of Contract Price; Change of Contract Times

12.01 Change of Contract Price

12.02 Change of Contract Times

12.03 Delays

Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work

13.01 Notice of Defects

13.02 Access to Work

13.03 Tests and Inspections

13.04 Uncovering Work

13.05 Owner May Stop the Work

13.06 Correction or Removal of Defective Work

13.07 Correction Period

13.08 Acceptance of Defective Work

13.09 Owner May Correct Defective Work

Article 14 – Payments to Contractor and Completion

14.01 Schedule of Values

14.02 Progress Payments

14.03 Contractor’s Warranty of Title

14.04 Substantial Completion

14.05 Partial Utilization

14.06 Final Inspection

14.07 Final Payment

14.08 Final Completion Delayed

14.09 Waiver of Claims

Article 15 – Suspension of Work and Termination (Deleted) This section has been deleted – refer to the Contract for termination conditions

Article 16 – Dispute Resolution (Deleted) v

This section has been deleted – refer to the Contract for dispute resolution conditions Article 17 – Miscellaneous

17.01 Giving Notice

17.02 Computation of Times

17.03 Cumulative Remedies

17.04 Survival of Obligations

17.05 Controlling Law

17.06 Headings

General Conditions page 5

ARTICLE 1 - DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

Wherever used in the Proposal Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

1. Addenda—Written or graphic instruments issued prior to the opening of Proposal which clarify, correct, or change the Proposal Requirements or the proposed Contract Documents.

2. Agreement—The written instrument which is evidence of the agreement between Owner and Contractor covering the Work.

3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration.

5. Proposal—The offer or proposal of a Proposer submitted on the prescribed form setting forth the prices for the Work to be performed.

6. Proposer—The individual or entity who submits a Proposal directly to Owner.

7. Proposal Documents—The Proposal Requirements and the proposed Contract Documents (including all Addenda).

8. Proposal Requirements—The advertisement or invitation to Proposal, Instructions to Proposers, Proposal security of acceptable form, if any, and the Proposal Form with any supplements.

9. Change Order—A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement.

10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim.

11. Contract—The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral.

General Conditions page 6

12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents.

13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work).

14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer’s written recommendation of final payment.

15. Contractor—The individual or entity with whom Owner has entered into the Agreement.

16. Cost of the Work—See Paragraph 11.01 for definition.

17. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined.

18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver.

19. Engineer—The individual or entity named as such in the Agreement.

20. Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times.

21. General Requirements—Sections of Division 1 of the Specifications.

22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto.

23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time.

24. Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.

25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property.

26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work.

General Conditions page 7

27. Notice of Award—The written notice by Owner to the Successful Proposer stating that upon timely compliance by the Successful Proposer with the conditions precedent listed therein, Owner will sign and deliver the Agreement.

28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents.

29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed.

30. PCBs—Polychlorinated biphenyls.

31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils.

32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times.

33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part.

34. Project Manual—The bound documentary information prepared for Proposal and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents.

35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.

36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof.

37. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged.

38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities.

39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment.

40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.

General Conditions page 8

41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor.

42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto.

43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site.

44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended.

The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof.

45. Successful Proposer—The Proposer submitting a responsive Proposal to whom Owner makes an award.

46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions.

47. Supplier—A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor.

48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable…