9-IFB 2025-23 Pine Island Breakwater 8.12.2025 Final.pdf

TOWN OF HILTON HEAD ISLAND

Bid Transmittal Page

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Date Advertised: August 12, 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 2025-23

Description/Title:

Pine Island Breakwater Project

*Bid Submittal Deadline:

5:00 pm Eastern Time on September 11, 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 September 12, 2025. The link to participate in the virtual opening is provided in Section I of this IFB.

Pre-Bid Conference Information: Mandatory pre-bid meeting will be held at Clubhouse located at 171 Dolphin Head Drive, Hilton Head Island on August 26, 2025 at 11:00am Eastern Time. ***To request a gate pass, please email jessicac@hiltonheadislandsc.gov Town Contact:

Jessica Cummings, Contracts Administrator jessicac@hiltonheadislandsc.gov

(843) 384-5104

Deadline For Questions:

5:00 pm Eastern Time on September 3, 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

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Pine Island Breakwater Project

IFB 2025-23

Table of Contents

BID TRANSMITTAL PAGE

TABLE OF CONTENTS

INVITATION FOR BID: IFB 2025-23:

I. GENERAL INFORMATION AND SUBMITTAL INSTRUCTIONS

II. GENERAL DESCRIPTION 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 A-1: CONTRACTOR QUALIFICATIONS STATEMENT (see separate PDF document)

EXHIBIT B: BID SCHEDULE

EXHIBIT C: SAMPLE TOWN AGREEMENT

EXHIBIT D: GENERAL CONTRACT TERMS AND CONDITIONS

EXHIBIT E: SUPPLEMENTAL CONTRACT TERMS & CONDITIONS

EXHIBIT F: SPECIAL CONDITIONS

EXHIBIT G: TECHNICAL REQUIREMENTS (see separate PDF document)

EXHIBIT H: ENVIRONMENTAL PROTECTION (see separate PDF document)

EXHIBIT I: PLANS AND SPECS (see separate PDF document)

EXHIBIT J: SC ILLEGAL IMMIGRATION ACT AFFIDAVIT

EXHIBIT K: BID SURETY FORM

EXHIBIT L: NON-COLLUSION STATEMENT

EXHIBIT M: CERTIFICATE OF LICENSE

EXHIBIT N: REFERENCES

EXHIBIT O: SMALL & MINORITY BUSINESS GOOD FAITH PACKET (see separate PDF document)

EXHIBIT P: PERMITS (see separate PDF document)

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TOWN OF HILTON HEAD ISLAND

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 construction of six (6) shore-stabilization structures along a segment of north-facing shoreline between Dolphin Head and Pine Island in Hilton Head Plantation on the Port Royal Sound Shoreline of Hilton Head Island, South Carolina, in accordance with the specifications provided herein.

A mandatory pre-bid meeting will be held at 171 Dolphin Head Drive, Hilton Head Island SC 29926 on August 26, 2025 at 11:00 am Eastern Time. Bids will not be considered from those contractors who do not attend the mandatory pre-bid conference.

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. The names of Bidders and pricing information will be shared at that time.

To participate, please use the following meeting link and information.

Virtual Bid Opening Link and Information September 12, 2025 at 9:30 am Eastern Time

Microsoft Teams Join the meeting now Meeting ID: 253 115 461 500 3 Passcode: Y9PC9ap7

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 https://hiltonheadislandsc.bonfirehub.com/portal https://teams.microsoft.com/l/meetup-join/19%3ameeting_NGI0ZWQ4YjItZTEyMC00NmI3LTgxOGEtN2RjZTBiNmY2Mjg4%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 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 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.

No bid shall be withdrawn, modified, or canceled without the consent of the Owner for a period of ninety (90) days after the time designated for receipt of bids. The bid securities of all bidders, except those submitted with the three (3) lowest acceptable bids, will be returned within fifteen (15) days after the time of opening bids. Each bid security accompanying the three (3) lowest acceptable bids may be held by the Owner until a construction Contract has been executed and satisfactory Payment and Performance Bonds in the sum of the full amount of the Contract have been delivered to the Town of Hilton Head Island, SC

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.

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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.

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. GENERAL DESCRIPTION OF WORK

The Pine Island Breakwater Project consists of the construction of six (6) shore-stabilization structures along a segment of north-facing shoreline of between Dolphin Head and Pine Island in Hilton Head Plantation on the Port Royal Sound shoreline of Hilton Head Island, South Carolina. These structures are designed to provide shoreline stability and mitigate sand loss from a beach and renourishment project to be constructed by others along the same reach of shoreline. The beach and dune restoration will be complete prior to the start of this breakwater project.

The breakwater project requires the contractor to furnish all labor, materials, equipment, and services necessary for site preparation; purchase, fabrication, transport and installation of stone-filled marine mattresses; purchase, transport and placement of geogrid composite material;

purchase, transport and placement of armor and chinking stone, and final site restoration.

Construction activities shall be conducted in compliance with all applicable federal, state, and local permits, including those issued by the U.S. Army Corps of Engineers and the South Carolina Department of Environmental Services.

Work will be staged from the Dolphin Head Recreation Area within Hilton Head Plantation, with strict adherence to environmental protection, public safety, and access requirements. The project also includes detailed survey work, vibration monitoring, and the preparation of as-built documentation to ensure contract and regulatory compliance.

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

6 | P a g e their bid the “Checklist of Submittal Requirements”, a copy of which is included in this solicitation as Exhibit A.

1.0 Examination of Contract Documents and Site

1.1 Before submitting a Bid, each Bidder must (a) read, review and examine the Contract Documents thoroughly, (b) attend the mandatory Pre-Bid Meeting, described in Section

22.0 of the Instructions to Bidders, (c) visit the site to familiarize themselves with local conditions and access/staging areas that may in any manner affect cost, progress or performance of the Work, (d) familiarize themselves with federal, state and local laws, ordinances, rules, regulations and project specific Permits that may in any manner affect cost, progress or performance of the Work, and (e) study and carefully correlate Bidder's observations with the Contract Documents.

1.2 Results from and reports of investigations and tests of physical conditions at the fill site and borrow area which have been relied upon by the Engineer in preparing the Contract Documents and may affect project cost as well as the progress or performance of the Work are available to Bidders. The Owner will make electronic PDF copies of such reports available to any Bidder requesting them. Should a Bidder require hardcopies of any of these reports, the Owner will make the hardcopies available for the cost of reproduction and transmittal. Some of these reports, or parts thereof, are provided as Attachments to this document. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents. Before submitting their bid, each Bidder shall, at their own expense, make such additional investigations and tests as the Bidder may deem necessary to determine their Bid for performance of the work in accordance with the terms and conditions of the Contract Documents.

1.3 On request, the Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for preparation of their Bid.

1.4 The lands upon which the work is to be performed, rights-of-way for access thereto and other lands designated for use by the Contractor in performing the Work are identified in the General Conditions, Contract Specifications, or Contract Drawings.

1.5 The submission of a Bid will constitute an incontrovertible representation by the Bidder that they have complied with every requirement of this Article and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work.

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2.0 Easements and Permits

2.1 Owner will provide all easements and rights-of-way necessary for access to the construction site.

2.2 The Contractor shall maintain their access, transport, staging, and storage operations within the presently existing road right-of-way and the easement areas established for this Work throughout the period of construction. In the event the Contractor deems it necessary or advisable to operate beyond the limits of the existing right-of-way and established easements, they shall be responsible for making special agreements with affected property owners. Immediately after Contract Award is made, the Contractor shall submit to the Owner a list of those areas where they plan by special agreement to work outside of the road right-of-way or established easement areas. Copies of all written special agreements shall be provided to the Owner and Engineer. Pre-construction and post-construction site condition photographs shall be provided to the Owner and Engineer. Contractor shall participate in a pre-construction and post-construction site inspection with representatives from the Owner and Engineer.

2.3 The Owner has acquired the requested South Carolina Department of Environmental

Services (SCDES) – Bureau of Coastal Management permit, and United States Department of the Army permit for this project. Copies of the SCDES and USACE permits are provided with this document. No other environmental permits will be required. The Contractor shall understand and abide by all permit terms and conditions.

3.0 Interpretation of Contract Documents

Questions regarding documents, discrepancies, omissions, or intent of the Contract Documents shall be submitted in Bonfire Public Q&A by the deadline stated on IFB Transmittal Page. The Owner will not be responsible for any explanations or interpretations of the Contract Documents other than those formally issued by Addendum.

4.0 Approximate Quantities

On all items for which bids are to be received on a unit price basis, the quantities stated in the bid will not be used in establishing final payment due to the Contractor. The quantities stated, on which

8 | P a g e unit prices are invited, are approximate only. Bids will be compared on the basis of number of units stated in the Bid Schedule. Payment on the Contract unit price items will be based on the actual number of units installed in the completed Work as defined in the Contract Documents. The Owner will retain the option to decrease or increase the number of units stated in the Bid Schedule as necessary to properly implement the Project for shoreline conditions at the time of construction and within the funds available.

5.0 Preparation of Bid

Only bids which are submitted on the Bid Schedule document will be considered. The total bid amount shall be shown in both words and figures. In the case of discrepancy between words and figures, the words shall prevail, unless in the Owner’s opinion it clearly appears that the words rather than the figures are in error. If any portion of the bid is required to be given in unit prices and extended totals and a discrepancy exists between the unit prices and totals, the unit prices shall prevail, unless in the Owners’ opinion it clearly appears that the unit prices rather than the totals are in error. If a discrepancy exists between the total base bid and the true sum of the individual bid items, the true sum shall prevail.

A bid will be rejected if it does not contain a price for each and every item named in the Bid Schedule.

Bidders shall not make any erasures or alterations of any kind on the Bid Schedule. Bids which contain omissions, erasures, conditions, alterations, or additions not called for may be rejected.

6.0 Signing of Bid

If the bidder is a corporation, the legal name of the corporation shall be printed or typed on the Bid Schedule, together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation. If bidder is a co-partnership, the true name of the firm shall be printed or typed on the Bid Schedule. If bidder is an individual, their signature shall be inscribed. If signature is by an agent, other than an officer of a corporation or member of a partnership, a power of attorney must be filed with the bid; otherwise, the bid may be rejected.

7.0 Bid Security

No bid will be considered unless accompanied by proper bid security naming the Town of Hilton Head Island as a guarantee that if the bid is accepted the bidder will execute the Agreement and file Bonds and insurance as required by the Contract Documents within ten (10) days from the date of receipt of a Notice of Contract Award. If a Bid Bond is used, acceptable surety companies shall be determined from the latest United States Treasury Department list of companies holding certificates of authority as acceptable sureties on Federal Bonds. The bid Bond shall be executed by an attorney-in-fact for the

9 | P a g e surety company with a certified copy of their power of attorney attached to the Bond.

8.0 Return of Bid Securities

The Owner may retain the bid security of the apparent three (3) lowest bidders to whom an award may be considered until successful execution of the Contract and Bond, until the specified time for holding bids has elapsed, or until all bids have been rejected.

9.0 Agreement, Bonds, Insurance

The attention of bidders is specifically directed to the forms of Agreement and Bonds to be executed and types and amounts of insurance required in the event a Contract award is to be made.

10.0 Designation of Subcontractors and Business License Requirement

Each bidder shall list on the form included in these documents the names and addresses of all subcontractors who will perform Work or provide labor or render service to the bidder. Each bidder shall show on the form the portion of the Work to be done by each subcontractor. If new subcontractors are required after the Work has commenced, the names and addresses of these subcontractors shall be provided to the Owner via the Engineer as soon as they are known. All subcontractors must make application, obtain and pay for any applicable Town, County, or State licenses prior to commencing Work.

11.0 Bid Submittal

Each bid, properly signed, together with the bid security and all documents bound herewith, shall be enclosed in a sealed envelope addressed and entitled as specified in the Invitation to Bid and delivered to the office designated in the Invitation to Bid. All Addenda issued shall be acknowledged and included with the documents submitted with the bid. Failure to acknowledge Addenda may be cause for bid rejection at the option of Owner.

12.0 Withdrawal of Bid

Any bid may be withdrawn at any time prior to the deadline for bid submittals. The withdrawal of a bid will not prejudice the right of a bidder to file a new bid.

13.0 Qualification of Bidders

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13.1 It is the intention of the Owner to award a Contract only to a bidder who furnishes satisfactory evidence that they have the requisite experience, capability, financial resources, equipment and personnel to enable them to prosecute the Work successfully and promptly and to complete the Work within the time specified in the Contract Documents.

13.2 Each bidder shall prepare and submit with their bid the bidder's qualifications and reference form contained in this document.

13.3 Each bidder shall submit the following information as a part of their bid: A letter from the bidder's insurance representative acknowledging the requirements of these Specifications and its commitment to provide the coverage if awarded a Contract. The required coverage shall be provided by an insurance company having a policy holder's rating of Class A and minimum Class 10 financial rating in the latest edition of "Best's Insurance Guide".

13.4 Subsequent to bid opening, the apparent three lowest bidders shall also submit to the

Owner within five (5) days the following information, if requested:

a.) A certified copy of the most recent financial statement of the bidder.

b.) Information regarding any and all pending civil or criminal litigation against the bidder including but not limited to: style of case; case number; name of court where pending; description of allegations in case and bidder's position in case.

14.0 Disqualification of Bidders

The Owner will not consider more than one bid for the Work described in this document from an individual, firm, partnership, corporation or association of entities using the same or different names. If the Owner has reasonable grounds to believe that any bidder has participated in more than one bid for the Work contemplated, the Owner may reject all bids involving that bidder. If the Owner has reasonable grounds to believe that collusion exists between or among any bidders, the Owner may reject the bids of the participants in the collusion. Bidder may also be disqualified for any of the following reasons: (a) determination of lack of competency as may be revealed by qualification statements, financial statements, experience record or other information; (b) the bidder's uncompleted work load, which, in the opinion of the Owner may prevent prompt completion of this Project; (c) the bidder has defaulted

11 | P a g e on any previous contract or is in arrears on any existing contract.

15.0 Penalty for Collusion

If at any time it shall be found that the person, firm, or corporation to whom the Contract has been awarded has, in presenting any bid or bids, colluded with any other party or parties, then the Contract so awarded shall be null and void, and Contractor and their sureties shall be liable to Owner for all loss or damage which Owner may suffer thereby, and Owner may advertise for new bids for said Work.

16.0 License

All contractors (prime and subs) shall be licensed in accordance with applicable laws. It is noted that the Contractor is not required to be a licensed State of South Carolina General Contractor. Prior to commencement of Work, however, all Contractors (prime and subs) working on the Project will be required to obtain business licenses from the Town of Hilton Head Island to operate within the Town’s Corporate Limits. The Prime Contractor shall ensure that all proper permits and licenses are obtained prior to commencement of work.

17.0 Bid Opening

Bids will be publicly opened via virtual conference at the date and time indicated on the Transmittal Page. The names of Bidders and pricing information will be shared at that time.

18.0 Award of Contract

The award of any Contract by the Owner will be to the lowest most responsible, responsive bidder. In addition to bid price, the Owner reserves the right to consider 1) the bidder’s construction schedule as it relates to impacts to the local tourism industry, 2) the bidder’s methods for Mobilization and Demobilization, 3) the bidder’s personnel and equipment committed to the Project, and 4) the bidder’s qualifications and experience.

The Owner reserves the right to reject any bid for failure to comply with all requirements of this notice or of any provisions of the Contract Documents. The Owner further reserves the right to consider proposals which includes a cost-effective alternate means of construction, payment, or schedule other than that described in the Contract Documents; however, the bidder must assume all responsibility for the acquisition of additional easements, rights-of-way, permits and/or permit modifications required by the alternate means of construction. The Owner reserves the right to reject any or all bids, waive any

12 | P a g e irregularities or informalities at its discretion; or to accept the lowest responsible, responsive bid which, in its judgment, is in the best interest of the Owner.

19.0 Notice of Award

If the Owner intends to award a Contract, the successful bidder, or intended awardee, shall be so notified by formal notice. Intent to Award Notice is publicly posted as a Public Announcement in the Town’s electronic procurement portal.

20.0 Execution of Agreement

Copies of the Agreement in the required number will be forwarded with the Notice of Award and shall be executed and returned by the successful bidder, together with the required Bonds and insurance, within Ten (10) days of receipt of the Notice of Award; the effective date of Bonds shall be the same or later than the date of the Agreement. Upon receipt of the signed and executed Agreement, Bonds, and insurance, the Owner shall sign and thereby execute the Contract. Date of Owner's signature shall be the effective date of Contract, unless otherwise stated in the Agreement.

21.0 Failure to Execute Agreement and File Bonds and Insurance

Failure of a successful bidder to execute the Agreement and file the required Bonds and insurance within the required time shall be deemed just cause for annulment of the intended Contract award and for forfeiture of their bid security to the Owner. Upon annulment of an intended award, Owner may then award a Contract to the next lowest most responsible and responsive bidder.

22.0 Commencement and Completion of Work

Potential bidders are advised that time is of the essence in performing the Work referenced in the Specifications and that time of completion will be an important factor in evaluating bid proposals.

Each bid shall include a project schedule.

The successful bidder shall commence Work no earlier or later than the date specified in the bid schedule and they shall complete all Work in accordance with the terms and conditions of the Contract Documents and permits. The intended Contract timetable is as follows:

Bid Surety

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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 K, which shall be accompanied by an ELECTRONIC COPY, of the 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 A 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 J acknowledging the requirements of the South Carolina Illegal Immigration Reform Act.

IV. EVALUATION CRITERIA AND CONTRACT AWARD

The award of the Contract will be made by the Town of Hilton Head Island, SC to the lowest responsible, responsive bidder. Responsible bidder will be defined as one who furnishes satisfactory evidence that they have the requisite experience, capability, financial resources, facilities, and plant to enable them to prosecute the Work successfully and within the time specified in the Contract Documents. At a minimum, a responsible bidder shall have provided the required bid Bond, have the capability of meeting the construction bonding and insurance requirements, and be in compliance with Federal, State, and local laws, regulations, and permits applicable to the Project.

The Town reserves the right to accept or reject any or all bids and waive formalities as a result of

14 | P a g e this Invitation for Bids. The Town also reserves the right to negotiate with all qualified bidders, or to cancel in part or in its entirety this Invitation for Bids if it is in the best interest of the Town to do so.

This solicitation does not commit the Town to award a contract or to pay for any costs incurred in the preparation of bids; or to procure or contract for any articles of goods or services.

Bids must be signed by a corporate officer authorized to bind the bidder and shall contain a statement that the bid is good for a period of at least 90 days from the date of the bid opening.

V. STANDARD CONTRACT TERMS AND CONDITIONS

Bidder acknowledges it has read and understands the terms and conditions provided in the Sample Town Agreement 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. Signed Bidder Acknowledgement of Exhibit A-1: Contractor Qualifications Statement

4. Completed Bid Form Exhibit B

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

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

7. Completed South Carolina Illegal Immigration Reform Act Affidavit Exhibit J

8. Completed Reference Form Exhibit N

9. Completed Non-Collusion Statement Exhibit L

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

11. All applicable forms from the small & minority business good faith packet Exhibit O.

12. 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

13. 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

14. 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 C

BID FORM

The Town of Hilton Head Island for the Town of Hilton Head Island, SC

Full Name of Bidder: _____________________________________________________

Main Business Address: _____________________________________________________

Place of Business: _____________________________________________________

I. Bid Schedule

Item Estimated Quantity Units Unit Cost Cost

BID

1 Town Business License 1 allowance $ 25,000 $ 25,000

2 Mobilization/Demobilization 1 lump sum $ $

3 Armor Stone 9,870 ton $ $

4 Chinking Stone 1,740 ton $ $

5 Stone-Filled Marine Mattresses - Size 1 (22'x6.5'x0.5') 32,032 sqft $ $

6 Stone-Filled Marine Mattresses - Size 2 (18'x6.5'x0.5') 7,722 sqft $ $

7 Geogrid / Fabric Composite 14,800 sqft $ $

8 Structure Inspection and Vibration Monitoring 1 lump sum $ $

9 Signage 1 lump sum $ $

TOTAL

* Actual quantities to be placed and accepted may vary from Base Bid by +/- 20 percent (%) or less.

BID FORM

for the Town of Hilton Head Island, SC

The total cost is ________________________________________________ dollars and ________________ cents (in writing).

The earliest available date to initiate the Work is _______________________.

Calendar days to complete ____________________________( ).

STATE OF SOUTH CAROLINA )

) AGREEMENT

COUNTY OF BEAUFORT )

THIS AGREEMENT is made this _______ day of ________________ 2025 between ____________________________________________________ (hereinafter called “Contractor") and the Town of Hilton Head Island (hereinafter called "Town" or “Owner”), 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 install six (6) stabilization structures.

WHEREAS, the Town has heretofore solicited bids for all Work and improvements and for the doing of all things included within the hereinafter specified Pine Island Breakwater Project.

WHEREAS, the Town did find that the Contractor was the lowest and most responsible, responsive bidder for the Pine Island Breakwater Project.

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

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:

ARTICLE I - WORK TO BE DONE BY CONTRACTOR

Contractor agrees, at their own cost and expense, to do all the Work and furnish all the labor, materials, equipment, and other property necessary to satisfactorily to, construct, install, and complete all Work and improvements for the Town of Hilton Head Island, SC, for the Pine Island Breakwater Project, all in full accordance with, and in compliance with and as required by the hereinafter specified Contract Documents for said Contract, and to do, at their own cost and expense, all other things required of the Contractor by said Contract Documents for said Work

ARTICLE II - CONTRACT DOCUMENTS

The Contract Documents herein named include all of the following component parts, all of which are as fully a part of this Contract as if herein set out verbatim, subject to all stated exclusions, or, if not attached, as if hereto attached:

1. Invitation to Bid

2. Instructions to Bidders

3. Bid

4. General Conditions

5. Agreement or Contract

6. FEMA Conditions

7. Contract Specifications

8. Contract Drawings

9. All Bonds, Insurance Certificates and Insurance Policies mentioned or referred to in the foregoing documents

10. Any and all other documents or papers included or referred to in the foregoing documents including State and Federal Permits

11. Any and all Addenda to the foregoing all of which are on file with the Town, or at the office of the Engineer, Foth Infrastructure & Environment, LLC.

ARTICLE III - CONTRACT AMOUNT

The Contractor agrees to receive and accept the following unit prices and lump sum prices as full compensation for furnishing all materials and equipment and for doing all Work contemplated and embraced in this Agreement, and for all loss or damage arising out of the nature of the Work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise to be encountered in the prosecution of the Work until its acceptance by the Town, and for all risks of every description connected with the Work, and for well and faithfully completing the whole and entire Work, in the manner and according to and in compliance with the Contract Documents as directed by the Engineer in accordance with these documents, and for any and all other things required by the Contract Documents:

The foregoing quantities and totals on unit price items and the foregoing Total Contract

Amount are approximate only, being herein above inserted for the purpose of establishing the face amount of Bonds to be provided by the Contractor. Payment of Work covered by the above unit price items will be made only on the basis of the actual quantities of Work completed in place as authorized, and as measured and accepted as provided in the Contract Documents.

ARTICLE IV - CONFLICT BETWEEN COMPONENT PARTS OF CONTRACT

In the event that any provision in any of the following component parts of this Contract conflicts with any provisions in any other of the following component parts, the provision in the component part first enumerated below shall govern over any other component part which follows it except as may be otherwise specifically stated. Said component parts are as follows:

1) Addendum Numbers ______. _____ and _______

2) General Conditions

3) FEMA Conditions

4) Contract Specifications

5) Contract Drawings

6) Permits

7) Instructions to Bidders

8) Invitation to Bid

9) Bid

10) Agreement (this instrument)

This Agreement has been made and entered 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. This Agreement may not be modified unless such modification is in writing and signed by both parties.

ARTICLE V - STARTING AND COMPLETION

The Contractor shall, and agrees to, commence dredging and fill placement at the Project site no earlier than _____________, and to complete fully all Work required by the Contract Documents to the point of Final Acceptance by the Town by no later than _____________.

Contractor shall, and agrees to, furnish and deliver to Town within ten (10) days after date of award of this Contract, the Faithful Performance Bond and Payment Bond and the insurance certificates and policies required of them by the Contract Documents prerequisite to starting Work. The Contractor may not assign this Contract without the prior written approval of the Town.

ARTICLE VI - LIQUIDATED DAMAGES

The Town and Contractor recognize that time is of the essence in this Agreement and that Town will suffer financial loss if the Work is not completed and finally accepted within the time specified. They also recognize delays and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by the Town if the Work is not substantially completed on time.

Accordingly, instead of requiring any such proof, Town and Contractor agree that as liquidated damages (but not as a penalty) Contractor shall pay to the two thousand five hundred dollars ($2,500) per day should construction of all Project elements not be finally accepted before

These remedies are in addition to and supplements any and all other remedies to the Town as set forth in the Contract Documents or at law or in equity for damages other than delay.

ARTICLE VII - PAYMENT TO CONTRACTOR

Town agrees with said Contractor to employ, and does hereby employ, the said Contractor to provide the Material and do all the Work and do all other things herein above mentioned according to the terms and conditions hereinafter contained or referred to, for the prices aforesaid, and hereby contracts to pay Contractor at the time, in the manner and upon the conditions set forth or referred to in the Contract Documents; and the Town and the Contractor for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained.

ARTICLE VIII – INDEMNIFICATION

The Contractor shall defend, indemnify, and hold harmless the Town, its officers, directors, agents, employees and Engineer 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 or their Engineer.

ARTICLE IX – CONTRACT DURATION

The term of this Agreement shall be from the date of execution to satisfactory project completion and determination of Final Acceptance as determined by the Town’s assigned Project Manager, Jeffrey (Jeff) Netzinger, P.E., Engineering & Projects Director.

The Town Manager may terminate this Contract in whole or in part at any time for the convenience of the Town. If the Contract is terminated for convenience, the Town will pay the Contractor for costs incurred to that date of termination.

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.

ARTICLE X-ORDER OF PRECEDENCE

Anything called for by one of the Contract Documents and not called for by the others, shall be of like effect as if required or called for by all, except that a provision clearly designed to negate or alter a provision contained in one or more of the Contract Documents shall have the intended effect. In the event of any conflict, inconsistency, or ambiguity between the documents comprising this Contract, the following order of precedence shall apply unless otherwise expressly stated: (1) the main body of this Contract, including any amendments, addenda, or modifications executed by both Parties; (2) the exhibits, schedules, or attachments referenced in and attached to this Contract, in the following order where applicable: the Supplemental General Conditions, then the General Terms and Conditions, then the Special Conditions; (3) any specifications, drawings, or technical documents incorporated by reference; and (4) any other documents, including purchase orders or correspondence, forming part of this Contract. This order of precedence shall govern the interpretation and resolution of any discrepancies between the Contract documents.

ARTICLE XI – TOWN-CONTRACTOR RELATIONSHIP

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.

ARTICLE XII – CONTRACTOR COMPLIANCE WITH ILLEGAL IMMIGRATION

REFORM ACT

The Contractor, by signing this Contract, 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:

Contractor shall not knowingly or intentionally employ any unauthorized alien and, unless excluded from coverage of the "Act", shall verify the work authorization of all new hirers performing work under the Contract by either:

(a) registering and participating in the Federal Work Authorization Program (E-verify) and verifying the work authorization of every new employee within five (5) business days after employing employee; or

(b) employing only workers who, at the time of said employment:

1. possess a valid South Carolina driver's license or identification card; or

2. are eligible to obtain a South Carolina driver's license or identification card by providing proof of name, social security number and date and place of birth; or

3. possess a valid driver's license or identification card from another state deemed by the Executive Director Department of Motor Vehicles to have requirements at least as strict as those in South Carolina.

Contractor may choose either option (a) or option (b) but acknowledges that Contractor cannot use both.

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

(a) the applicability of the South Carolina Illegal Immigration Reform Act to Contractor; or

(b) compliance with the South Carolina Illegal Immigration Reform Act by Contractor.

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 of the South Carolina Code of Laws; 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 of the South Carolina Code of Laws.

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.

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 caused this Instrument to be executed in four original counterparts the day and year first above written. 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.

By: ________________________ (Contractor)

Its:_________________________

TOWN OF HILTON HEAD

By: ________________________ (Town)

Its: Town Manager

IMPORTANT NOTE: If the Contractor is a corporation, the legal name of the corporation shall be set forth above together with a signature of the officer or officers authorized to sign Contracts on behalf of the corporation; if Contractor is a co-partnership, the true name of the firm shall be set forth above together with the signatures of all the partners; and if Contractor is an individual, their signatures shall be placed above. If signature is by an agent other than an officer of a corporation or a member of a partnership, a power-of-attorney must be attached hereto. Signature of Contractor shall also be acknowledged before a Notary Public or other person authorized by law to execute such acknowledgment.

SPECIFIC FEMA CONDITIONS

PROJECT: PINE ISLAND BREAKWATER PROJECT

PROVISION 1 – REMEDIES

1.1 Standard. Contracts for more than the simplified acquisition threshold, currently set at

$250,000, must address…