Bid Package - 2023-014AB Heritage Shores Nature Preserve Walkway and Dock Repair.pdf

INVITATION TO BID

Heritage Shores Nature Preserve Walkway and Dock Repair

City of North Myrtle Beach, Horry County, SC

2023-014AB

The City of North Myrtle Beach is soliciting competitive bids from licensed and qualified marine construction contractors to rebuild/repair hurricane-damaged wooden dock structure located at the Heritage Shores Nature Preserve Walkway and Dock in the City of North Myrtle Beach, Horry County, SC as specified per enclosed specifications, conditions and provisions as applicable to this bid invitation.

Optional Pre-Bid Meeting: Tuesday, July 25, 2023 at 8:00 AM ET The City of North Myrtle Beach Fleet-Facilities-Purchasing Offices Conference Room 106 1120-A 2nd Avenue South North Myrtle Beach, SC 29582

Questions Due: Tuesday, August 1, 2023, at 3:00 PM ET

Bid Packages Due: Tuesday, August 8, 2023, at 3:00 PM ET

The City of North Myrtle Beach reserves the right to waive informalities and to accept or reject any or all Bids, and to award the contract in its best interests. For bid documents register FREE at www.BidNetDirect.com

For bid documents or information, register FREE at:

https://www.bidnetdirect.com/public/user-registration

2023-014AB Heritage Shores Nature Preserve Walkway and Dock Repair Page 1 of 32 http://www.bidnetdirect.com/ https://www.bidnetdirect.com/public/user-registration

City of North Myrtle Beach Procurement Office

Invitation to Bid & Contractual Requirements

HERITAGE SHORES NATURE PRESERVE WALKWAY

AND DOCK REPAIR

BID NUMBER 2023-014AB

Optional Pre-Bid Meeting: Tuesday, July 25, 2023 at 8:00 AM ET

The City of North Myrtle Beach Fleet-Facilities-Purchasing Offices Conference Room 106 1120-A 2nd Avenue South North Myrtle Beach, SC 29582

Questions Due: Tuesday, August 1, 2023, at 3:00 PM ET

Bid Packages Due: Tuesday, August 8, 2023, at 3:00 PM ET

Virtual Bid Submission Portal: www.BidNetDirect.com

NAME AND ADDRESS OF BIDDER:

Name of Bidder:

Address:

City, State, Zip Code Phone Number:

Email Address:

BID DOCUMENT MUST BE SUBMITTED IN ITS ENTIRETY. DO NOT REMOVE OR

ADD PAGES TO THIS DOCUMENT. DOCUMENT MUST BE RECEIVED THROUGH

THE VIRTUAL BIDDING PLATFORM KNOWN AS BIDNET DIRECT AT

WWW.BIDNETDIRECT.COM. NO OTHER FORMS OF SUBMISSION WILL BE

CONSIDERED.

2023-014AB Heritage Shores Nature Preserve Walkway and Dock Repair Page 2 of 32

CITY OF NORTH MYRTLE BEACH

2023-014AB

BIDDER REGISTRATION FORM

Interested parties are required to register with a virtual solicitations management platform known as BidNet Direct. Visit www.BidNetDirect.com for more information. Vendor Registration ensures receipt of proper bid documentation and any further communications and/or amendments to the solicitation referenced above.

(Optional) If you would like to receive a Vendor Registration email invitation from BidNet Direct, please complete the Bidder Registration form fields (below) and email the completed form to acbell@nmb.us

FIRM NAME:

CONTACT PERSON:

ADDRESS:

TELEPHONE NO.:

EMAIL:

DATE:

2023-014AB Heritage Shores Nature Preserve Walkway and Dock Repair Page 3 of 32 mailto:acbell@nmb.us

“NO BID” RESPONSE FORM

If you will not be submitting a bid on this project, please complete this form for your company and submit to Bid Net Direct prior to the bid due date:

Please check statement(s) applicable to your “No Bid” response:

___ Specifications are restrictive, i.e., geared toward one brand or manufacturer only (explain below).

___ Specifications are ambiguous (explain below).

___ We are unable to meet specifications.

___ Insufficient time to respond to solicitation.

___ Our schedule would not permit us to perform.

___ We are unable to meet bond requirements.

___ We are unable to meet insurance requirements.

___ We do not offer this product or service.

___ Other (specify below).

Comments:

Firm Name:

Contact Person:

Address:

Telephone:

Email Address:

Date:

2023-014AB Heritage Shores Nature Preserve Walkway and Dock Repair Page 4 of 32

BID INSTRUCTIONS AND REQUIREMENTS

1. Bids, amendments thereto or withdrawal requests must be received by the bid opening time and date. It is the vendor’s sole responsibility to insure that the Procurement Office receives these documents at the time indicated in the bid document.

2. Competition. This bid is intended to promote competition, but the City reserves the right to waive informalities and to accept or reject any or all bids and to award the contract in its best interest. If any language, specifications, terms and conditions, or any combination thereof restricts or limits the requirements in this bid to a single source, it shall be the responsibility of the interested contracted supplier to notify the Procurement Office in writing within five (5) days prior to the opening date. The bid may or may not be changed, but a review of such notification will be made prior to the award.

3. Bid Forms. Bid must be submitted on these forms and submitted through the virtual bid platform known as BidNet Direct to be considered.

a. All bids shall be submitted through the BidNet Direct website

(www.BidNetDirect.com) no later than the date and time specified on the cover sheet.

Faxed or emailed bids are not acceptable.

b. Bids will be opened at The City of North Myrtle Beach, Fleet-Facilities-Purchasing Offices, Conference Room 106, 1120A Second Avenue South, North Myrtle Beach, SC 29582 at the date and time on the cover sheet. You can also join virtually through Microsoft Teams on a computer or mobile device:

Click here to join the meeting Meeting ID: 242 392 011 063

Passcode: taPj9k Download Teams | Join on the web | Learn More | Meeting options

c. All prices and notations shall be printed in ink or typewritten. Errors should be crossed out, corrections entered and initialed by the person signing the bid. Erasure or use of correction fluid may be cause for rejection. No bid shall be altered or amended after specified time for opening.

d. Bids shall be properly signed by an authorized party, who shall indicate the capacity in which the signature is executed. An 8% South Carolina sales tax will be added to all orders as applicable. Lump sum bids shall include sales tax. By submission of a signed bid, you are certifying, under penalties of perjury, that you comply with Title 12, Chapter 36, Article I of the South Carolina Code of Laws relating to payment of any applicable taxes. This will certify to the County your compliance. Forms to register for all taxes administered by the South Carolina Department of Revenue may be obtained by calling the License and Regulation Section at (803) 896-1350, or by writing to the South Carolina Department of Revenue, Registration Unit, Columbia, South Carolina 29214-0140.

2023-014AB Heritage Shores Nature Preserve Walkway and Dock Repair Page 5 of 32 https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDA4MThlN2ItMTFhOC00ZDg0LTg4YmQtMmQzY2UxMWVjMjNj%40thread.v2/0?context=%7b%22Tid%22%3a%22894b608a-49de-4b36-b8a3-c996f207e284%22%2c%22Oid%22%3a%22cfb8cb34-e429-449d-94f8-1eb9e6a6e2c3%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting https://aka.ms/JoinTeamsMeeting https://teams.microsoft.com/meetingOptions/?organizerId=cfb8cb34-e429-449d-94f8-1eb9e6a6e2c3&tenantId=894b608a-49de-4b36-b8a3-c996f207e284&threadId=19_meeting_NDA4MThlN2ItMTFhOC00ZDg0LTg4YmQtMmQzY2UxMWVjMjNj@thread.v2&messageId=0&language=en-US

e. By submission of a bid, you are guaranteeing that all goods and services meet the requirements of the solicitation during the contract period.

4. This solicitation does not commit the owner to award a contract, to pay any cost incurred in the preparation of the bid, or to procure or contract for goods or services listed herein.

5. Alternate Bids. Alternate bids are invalid unless invited and covered by the specifications.

6. Bid Security. { X } Required { } Not Required

If required, bid security approved by the City must accompany the bid, in the amount of 5% of the total amount of the bid. Bid security can be in the form of a cashier’s check, certified check, or a bid bond from a surety company authorized to do business in the State of South Carolina. Please include a copy of the Bid Security within your bid submission.

Original bid securities will be requested and required for the three lowest bidders within ten (10) days after the opening of bids. The bid security of the two unsuccessful bidders will be returned after the successful bidder has executed the contract. Bid security of the successful bidder will be returned when the contract is signed and all other contract award requirements have been met.

7. Rejection of Bids. The City reserves the right to reject any and all bids, to cancel a solicitation, and to waive any technicality if deemed to be in the best interest of the City.

The City reserves the right to reject any bid that contains prices for individual items or services that are inconsistent or unrealistic when compared to other prices in the same or other bids or ambiguous bids which are uncertain as to terms, delivery, quantity, or compliance with specifications.

8. Waiver. The City reserves the right to waive any Instruction to Bidders, General or Special

Provisions, General or Special Conditions, or specification deviation, if deemed to be in the best interest of the City.

9. Quality of Product. Unless otherwise indicated in this bid, it is understood and agreed that any items offered or shipped on this bid shall be new and in first-class condition unless otherwise indicated herein. Used, re-manufactured, shopworn, demonstrator, prototype, or discontinued models are not acceptable unless otherwise stipulated herein.

10. “Or Approved Equal”. Certain processes, types of equipment or kinds of material are described in the specifications and/or on the drawings by means of trade/brand names and catalog numbers. In each instance where this occurs, it is understood and inferred that such description is followed by the words “or approved equal.” Such method of description is intended merely as a means of establishing a standard of comparability. However, the City reserves the right to select the terms that, in the judgment of the City, are best suited to the needs of the City based on price, quality, service, availability, and other relative factors.

Bidders should indicate brand name, model, model number, size, type, weight, color, etc., of the item bid, if not exactly the same as the item specified. Vendor’s stock number or catalog number is not sufficient to meet this requirement. If any bidder desires to furnish

2023-014AB Heritage Shores Nature Preserve Walkway and Dock Repair Page 6 of 32 an item different from the specifications, vendor should submit, along with the bid, the information, data, pictures, designs, cuts, etc., of the material they plan to furnish so as to enable the City to compare the material specified; and, such material shall be given due consideration. The City reserves the right to insist upon, and receive items as specified, if the submitted items do not meet the City’s standards for acceptance. Bid requirements on the products specified are not intended to be restrictive to potential bidders, but indicate the required features for satisfactory performance. The City will determine if minor deviations from these features are acceptable.

11. Deviations from Specifications. Any deviation from specifications indicated herein must be clearly pointed out; otherwise, it will be considered that items offered are in strict compliance with these specifications, and, therefore, the successful bidder will be held responsible. Deviations must be explained in detail on separate attached sheets(s). The listing of deviations, if any, is required but will not be construed as waiving any requirements of the specifications. Deviations found in the evaluation of the bid and not listed may be cause for rejection. Bidders offering substitute or equal items must provide information sufficient enough to determine acceptability of item offered.

12. Performance and Payment Bonds. { X } Required { } Not Required

If required, the successful bidder shall furnish Performance and Payment Bonds, each in an amount of 100% of the contract price as security for the faithful performance and payment of all contractors’ obligations under the contract documents. These bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the contract documents.

All bonds shall be in the form prescribed by the contract documents, except as provided by laws or regulations, and shall be executed by such sureties as are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of such agent’s authority to act. Each bond shall be accompanied by a certified power of attorney authorizing the attorney-in-fact to bind the surety including the date of the bond.

If the surety on any bond furnished by the successful bidder is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state where any part of the project is located, or it ceases to meet the requirements of the above paragraph, successful bidder shall, within ten (10) days thereafter, substitute another bond and surety, both of which must be acceptable to the City.

All bonds and insurance required by the contract documents to be purchased by the bidder and maintained by the City shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the project is located to issue bonds or insurance policies for the limits and coverages so required.

2023-014AB Heritage Shores Nature Preserve Walkway and Dock Repair Page 7 of 32

Successful bidder will be required to execute the contract and obtain the performance and payment bonds within ten (10) days from the date the Notice of Award is received. Bonds must not be dated prior to contract date. If successful bidder is a partnership, all partners should execute bonds.

13. Payment Discounts. Payment discounts offered for payment in less than twenty (20) days will not be considered as a basis of award. Payment discounts offered for payment in twenty (20) or more days will be subtracted from the total bid price for the purposes of bid evaluation. Any payment discount offered by the successful bidder will be accepted by the City, whether or not it was considered as a basis of award.

14. Pre-Bid Conference. If a mandatory pre-bid conference is indicated on the cover sheet, all bidders are required to attend the conference. Failure to attend a mandatory conference will result in rejection of your bid. If a mandatory pre-bid conference is indicated on the cover sheet, bid packages will be made available only through the time and date of the conference. Subsequent addenda, if applicable, will be furnished only to those bidders who attended the pre-bid conference.

15. Amendments. All amendments to and interpretations of this solicitation shall be in writing and issued by the City’s Procurement Manager. The City shall not be legally bound by any amendment or interpretation that is not in writing.

16. Bid Inquiries. ALL QUESTIONS REGARDING THIS BID MUST BE DIRECTED TO the BidNet Direct Website (www.BidNetDirect.com). DO NOT CONTACT ANY CITY EMPLOYEE ABOUT THIS BID OR YOU WILL BE DISQUALIFIED. These inquiries must be submitted at least five ( 5 ) business days prior to the bid due date and time listed on the cover page of the bid document. Any interpretations by the City will be made in the form of a written amendment. The receipt of such an amendment must be acknowledged in accordance with the directions on the amendment. Oral explanations or instructions given before the award of the contract will not be binding.

17. Bidder’s Responsibility. Each bidder shall fully acquaint himself with conditions relating to the scope and restrictions attending the execution of the work under the conditions of this bid. It is expected that this will sometimes require on-site observation. The failure or omission of a bidder to acquaint himself with existing conditions shall in no way relieve him of any obligation with respect to this bid or to the contract.

18. Bid Evaluation. In determining the amount bid by each bidder, the City shall disregard mathematical errors in addition, subtraction, multiplication, and division that appear obvious on the face of the bid. When such a mathematical error appears on the face of the bid, the City shall have the right to correct such error and to compute the total amount bid by the bidder on the basis of the corrected figure or figures.

When an item price is required to be set forth in the bid and the total for the item set forth separately does not agree with a figure which is derived by multiplying the item price times the City’s estimate of the quantity to be provided or performed for said item, the item price

2023-014AB Heritage Shores Nature Preserve Walkway and Dock Repair Page 8 of 32 shall prevail over the sum set forth as the total for the item unless, in the sole discretion of the City, such a procedure would be inconsistent with the intent of the bid process. The total paid for each such item of work shall be based upon the item price and not the total price.

Should the bid contain only a total price for the item and the item price is omitted, the City shall determine the item price by dividing the total price for the item by the City’s estimate of the estimated quantities to be provided or performed.

If the bid contains neither the item price nor the total price for the item, then it shall be deemed incomplete and the bid shall be disregarded.

19. Determination of Lowest responsible bidder. The lowest responsible bidder shall be determined as follows: In determining whether a bidder is responsible, consideration shall be given to: (1) the quality and performance of the supplies to be provided by the bidder;

(2) the ability, capacity and skill of the bidder to perform the contract or effectuate the transaction; (3) the ability of the bidder to perform the contract or effectuate the transaction within the time specified, without delay; (4) the character, integrity, reputation, judgment, experience, and efficiency of the bidder; (5) the quality of the bidder’s performance on previous purchases by, or contracts with the City; (6) the ability of the bidder to provide future maintenance, repair parts, and services for the supplies provided.

20. Pre-Award Conference. The apparent lowest responsible bidder may be required to attend a pre-award conference at a mutually acceptable time, at which requirements of the contract will be reviewed. At that time, samples of forms, reports, etc. will be submitted by the contractor for final approval, if applicable.

21. Award by Item or Group. The City reserves the right to make separate awards for any item or category/group of items to the lowest responsible bidders for such items or category/groups of items.

22. Multiple Awards. The City reserves the right to make multiple awards in order to provide for back-up, to insure continuity of supply if meeting the City’s requirements within an acceptable time period exceeds the capacity or capability of the primary contractor(s).

23. Contract Award. Within thirty (30) days after the bid opening, a contract will be awarded by the City to the responsive and lowest responsible bidder, subject to the right of the City to reject all bids or waive informalities or minor irregularities, as it may deem proper. The time for awarding a contract may be extended in the sole discretion of the City, if required to evaluate bids or for such other purposes as the City may determine, unless the bidder objects to such extension in writing with his/her bid.

24. Bidding Condition of Price. All bid prices submitted shall remain effective for a minimum period of sixty (60) days, or until evaluation of bids is complete and award is made.

Thereafter, the contract prices shall remain effective for the term of the contract.

2023-014AB Heritage Shores Nature Preserve Walkway and Dock Repair Page 9 of 32

25. Business License. { X } Required { } Not Required

26. License, Permits, Insurance & Taxes. All costs for required licenses, insurance, and taxes shall be borne by the contractor. Any company that performs service work of any kind within City limits is required to obtain a business license and building permits to do business in the City of North Myrtle Beach. All subcontractors hired by the contractor must also be licensed with the City. All vendors that sell to the City must have a City of North Myrtle Beach business license. NOTICE: Contractor must obtain a City of North Myrtle Beach business license from the Revenue Department and obtain building permits from the Planning and Development Department before any work is to be performed.

27. Building Permit. (Fees Waived) { X } Required { } Not Required

28. Right to Protest. Any prospective bidder, offeror, or contractor, who is aggrieved in connection with the solicitation of a contract shall protest in writing to the Procurement Manager/Support Services Supervisor within ten (10) calendar days of the date of issuance of Invitation to Bid, Requests for Proposals, or other solicitation documents, whichever is applicable, or any amendment thereto, if the amendment is at issue. Any actual bidder, offeror, or contractor who is aggrieved in connection with the intended award or award of a contract shall protest in writing to the procurement manager within ten (10) calendar days of the notification of intent to award or statement of award.

29. Protest Procedure. A protest shall be in writing, submitted to the procurement manager and shall set forth the specific grounds of the protest with enough particularity to give notice of the issues to be decided.

GENERAL CONDITIONS

1. Indemnity.

a. Indemnity. Contractor shall fully indemnify and save harmless, the City, its officers and employees, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, judgments, penalties and expenses of every type and description, including, but not limited to any fees and/or costs reasonably incurred by the City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), to which any or all of them may be subjected, to the extent such liabilities are caused by or result from any negligent act or omission or willful misconduct of Contractor, its subcontractors or agents, and their respective officers and employees, in connection with the performance or nonperformance of this contract, whether or not the City, its officers or employees reviewed, accepted or approved any work performed or materials provided by the contractor, and whether or not such liabilities are litigated, settled, or reduced to judgment.

2023-014AB Heritage Shores Nature Preserve Walkway and Dock Repair Page 10 of 32

b. Obligation to Defend. Contractor shall, upon the City’s request, defend at contractor’s sole cost any action, claim, suit, cause of action or portion thereof which asserts or alleges liabilities to the extent such liabilities are caused by or result from any negligent act or omission or willful misconduct of contractor, its subcontractors or agents, and their respective officers and employees, in connection with the performance or nonperformance of this contract, whether such action, claim, suit, cause of action or portion thereof is well founded or not.

2. Inspection. Merchandise will be inspection before acceptance by an authorized representative of the City of North Myrtle Beach for workmanship, appearance, proper functioning of all equipment and systems and conformance to all other requirements of the contract. If deficiencies are found, it shall be the responsibility of the contractor to pick up the merchandise, make necessary correction and redeliver the merchandise for re-inspection and acceptance. Payment and/or commencement of discount period (if applicable) will not be made until corrective action has been made.

3. Safety Data Sheets (SDS). It is mandatory for a manufacturer, contractor, or distributor to supply a SDS with the first shipment of any hazardous material. Also, at any time the content of an SDS is revised, the contractor shall provide new information relevant to the specific material.

4. Notification of Material Changes in Business. Contractor agrees that if it experiences any material changes in its business including, without limitation, a reorganization, refinancing, restructuring, leveraged buyout, bankruptcy, loss of key personnel, etc., it will immediately notify the City of the changes. Contractor also agrees to immediately notify the City of any condition that may jeopardize the scheduled delivery or fulfillment of contractor’s contractual obligations to the City. Upon filing for any bankruptcy or insolvency proceedings by or against the contractor, whether voluntary or involuntary, or upon the appointment of a receiver, trustee, or assignee for the benefit of creditors, the City reserves the right, at its sole discretion, to terminate the contract either for cause or for convenience as provided in Section 22 of these General Conditions.

5. Entire Agreement, Order of Precedence. The purchase order and contract documents contain the entire agreement between the parties and supersede whatever oral or written understanding they may have had prior to the execution of this contract. No alteration to the terms of this contract shall be valid unless approved in writing by the contractor, and by the City, in accordance with applicable provisions of the City of North Myrtle Beach Code. In the event of any conflict among the provisions of different contract documents, the conflict shall be resolved by giving precedence to the contract documents in the following order:

a. Post-Award Amendments

b. Pricing Schedule(s), as correct by City, if applicable

c. Pre-Award Addenda

d. Special Provisions

e. Bid Instructions and Requirements

2023-014AB Heritage Shores Nature Preserve Walkway and Dock Repair Page 11 of 32

f. General Conditions and Provisions

g. Technical Specifications and/or Plans

6. Waiver. Neither City acceptance of, nor payment for, any work performed or material supplied by contractor, nor any waiver by either party of any default, breach or condition precedent, shall be construed as a waiver of any provision of this contract, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.

7. Enforcement of Contract. This contract shall be governed, construed and enforced in accordance with the laws of the State of South Carolina. Venue of any litigation arising out of or connect with this contract shall lie exclusively in the courts located in Horry County in the State of South Carolina, and the parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.

8. Assignment Prohibited. The expertise and experience of contractor are material considerations for this contract. The City has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on contractor under this contract. In recognition of this interest, contractor shall not assign any right or obligation pursuant to this contract without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect.

9. Binding Effect. This contract shall be binding on the heirs, executors, administrators, successors, and assigns of the parties, subject to the provisions herein.

10. Force Majeure. The contracted supplier shall not be liable for any excess costs if the failure to perform the contract arises out of causes beyond the control and without fault or negligence of the contracted supplier. If the failure to perform is caused by the default of a subcontracted supplier, and if such default arises out of causes beyond the control of both the contracted supplier and subcontracted supplier, and without the fault or negligence of either of them, the contracted supplier shall not be liable for any excess costs for failure to perform, unless the supplies or services to be furnished by the subcontracted supplier were obtainable from other sources in sufficient time to permit the contracted supplier to meet the required delivery schedule.

11. Warranties. Contracted supplier warrants that (1) the supplies to be provided to the City pursuant to this agreement are fit and sufficient for the purpose intended; (2) the supplies are merchantable, of good quality, and free from defects, whether patent or latent, in material or workmanship, and (3) the supplies sold to the City pursuant to the contract conform to the standards required by the contract. The contracted supplier further warrants that the contracted supplier has title to the supplies provided, in that the supplies are free and clear of all liens, encumbrances, and security interests. All warranties made in this agreement, together with service warranties and guarantees, shall run to the City and its successors and assigns. If contract provides for construction or installation services, contractor shall guarantee workmanship for a period of twelve months upon completion of work.

2023-014AB Heritage Shores Nature Preserve Walkway and Dock Repair Page 12 of 32

12. Independent Contractor.

a. It is understood and agreed that contractor (including contractor’s employees) is an independent contractor and that no relationship of employer-employee exists between the parties hereto for any purpose whatsoever. Neither contractor nor contractor’s assigned personnel shall be entitled to any benefits payable to employees of City. City is not required to make any deductions or withholdings from the compensation payable to contractor under the provisions of this contract, and contractor shall be issued a Form 1099 for its services hereunder. As an independent contractor, contractor hereby agrees to indemnify and hold City harmless from any and all claims that may be made against City based upon any contention by any of contractor’s employees or by an third party, including but not limited to any state or federal agency, that an employer-employee relationship or a substitute therefore exists for any purpose whatsoever by reason of this contract or by reason of the nature and/or performance of any work and/or the furnishing of any materials under this contract.

b. It is further understood and agreed by the parties hereto that contractor, in the performance of its obligations hereunder, is subject to the control and direction of City as to the designation of tasks to be performed and the results to be accomplished, but not as to the means, methods, or sequence used by contractor for accomplishing such results. To the extent that contractor obtains permission to, and does, use City facilities, space, equipment or support services in the performance of this contract, this use shall be at the contractor’s sole discretion based on the contractor’s determination that such use will promote contractor’s efficiency and effectiveness. Except as may be specifically provided elsewhere in this contract, the City does not require that contractor use City facilities, equipment or support services or work in City locations in the performance of this contract.

c. If, in the performance of this contract, any third persons are employed by contractor, such persons shall be entirely and exclusively under the direction, supervision, and control of contractor. Except as may be specifically provided elsewhere in this contract, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by contractor. It is further understood and agreed that contractor shall issue W-2 or 1099 forms for income and employment tax purposes, for all of contractor’s assigned personnel and subcontractors.

d. The provisions of this Section 1 shall survive any expiration or termination of this contract. Nothing in this contract shall be construed as to create an exclusive relationship between City and contractor.

13. Licenses, Permits, Etc. Contractor represents and warrants that contractor has all licenses, permits, qualifications, and approvals of whatsoever nature that is legally required for contractor to perform any work or furnish any materials under the contract. Contractor represents and warrants that contractor shall, at its sole cost and expense, keep in effect, or obtain at all times during the term of this contract, any legally required licenses, permits

2023-014AB Heritage Shores Nature Preserve Walkway and Dock Repair Page 13 of 32 and approvals. Without limiting the generality of the foregoing, if contractor is an out-of-state corporation, contractor warrants and represents that it possesses a valid certificate of qualification to transact business in the State of South Carolina.

14. Bidders Qualifications. The owner may make such investigations as deemed necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the owner all such information and date for this purpose as the owner may request. The owner reserves the right to reject any bid if the evidence submitted by, or investigations of, such bidder fails to satisfy the owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. At a minimum, bidder may be required to produce conclusive evidence that they can meet the following requirements:

a. Adequate capital and credit rating sufficient to complete all operations under this contract in a satisfactory manner.

b. An efficient office force with satisfactory record in expediting delivery of materials to field force, and capable of fulfilling proper liaison service with mechanical trade.

c. An adequate and efficient field force with extensive knowledge of all types of work involved under this contract.

d. A record of amicable relations with labor.

e. An adequate supply of applicable equipment in good operating condition to fulfill the contract.

15. Contractor Not Agent. Except as City may specify in writing, contractor and contractor’s personnel shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent. Contractor and contractor’s personnel shall have no authority, express or implied, to bind City to any obligations whatsoever.

16. Confidentiality of City Information. During performance of this contract, contractor may gain access to and use City information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, customer lists, product design, copyright, data, and other vital information (hereafter collectively referred to as “City Information”) which are valuable, special and unique assets of the City. Contractor agrees to protect all City Information and treat it as strictly confidential, and further agrees that contractor shall not, at any time, either directly or indirectly, divulge, disclose or communicate in any manner, any City Information to any third party without the prior written consent of City.

17. Insurance Requirements. The contractor shall not commence work under this bid until he has obtained all insurance under this section and the city manager, and city attorney of the City have approved such insurance coverage. Insurance certificates are required from the general contractor or service providers and all subcontractors before any work can begin.

WORKERS’ COMPENSATION INSURANCE. The contractor shall provide and maintain during the life of this contract, the statutory Workers’ Compensation Insurance as required by all applicable Federal, State, Maritime or other laws including Employers’

2023-014AB Heritage Shores Nature Preserve Walkway and Dock Repair Page 14 of 32

Liability for all of his employees to be engaged in work on the project under this contract, and in case any such work is sublet, the contractor shall require the subcontractor similarly to provide Statutory Workers’ Compensation and Employers’ Liability Insurance for all of the latter’s employees to be engaged in such work. Out of state contractor’s workers’ compensation insurance coverage must extend to South Carolina or have an all states endorsement. The requirements for Workers’ Compensation Insurance coverage will not be waived.

EMPLOYERS’ LIABILITY $1,000,000 Per Person $1,000,000 Per Occurrence $1,000,000 Aggregate

LIABILITY INSURANCE. The contractor shall provide and maintain during the performance of work under this bid, general liability and property damage insurance coverage in the following amounts to protect himself, his agents, and his employees from claims for damage for personal injury, including wrongful and accidental death and property damage, which may arise from operations under this bid, whether such operations be performed by himself or his employees. Additional insurance coverage may be required depending on the nature of the contract. The amount of any additional coverage will be determined by the City.

GENERAL LIABILITY $1,000,000 Per Person $1,000,000 Each Occurrence

PROPERTY DAMAGE $1,000,000 Each Occurrence

COMPREHENSIVE AUTOMOBILE LIABILITY. The contractor shall provide and maintain, during the performance of work under this bid, comprehensive automobile liability insurance, including protection for liability arising out of owned, non-owned and hired vehicles. The policy shall be extended to provide contractual coverage for the Hold Harmless Agreement, which is part of these Instructions to Bidders. The limits of liability shall be as follows:

BODILY INJURY $1,000,000 Per Person $1,000,000 Each Occurrence

PROPERTY DAMAGE $1,000,000 Each Occurrence

EXCESS OR UMBRELLA LIABILITY with a limit of not less than $1,000,000 per occurrence and aggregate.

Said insurances shall be written by a company or companies approved to do business in the State of South Carolina and acceptable to the City of North Myrtle Beach. Before commencing any work hereunder, certificates evidencing the maintenance of said insurances shall be furnished to the City.

2023-014AB Heritage Shores Nature Preserve Walkway and Dock Repair Page 15 of 32

The City of North Myrtle Beach, including its officials, employees and volunteers, is to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the contractor, including the insured’s general supervision of the contract;

products and completed operations of the contractor; premises owned, occupied or used by the contractor; or automobiles owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the owner, its officials, employees or volunteers and, it shall be stated on the insurance certificate with the provision that this coverage is primary to all other coverage the owner may possess.

Each insurance required by the owner shall be endorsed to state that coverage shall not be suspended, voided, or cancelled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice has been given to the owner.

All certificates and endorsements must be received and approved by the owner within five

(5) days after notification of award. It is required that the Procurement Office at 1120A Second Avenue South, North Myrtle Beach, SC 29582, receives a certificate of insurance.

If you have any questions, please call 843-280-5696 or email acbell@nmb.us. The City shall withhold payments to Contractor if the certificates of insurance and endorsements required above are canceled or Contractor otherwise ceases to be insured as required herein.

The CERTIFICATE OF LIABILITY INSURANCE CERTIFICATE HOLDER section should read as follows:

The City of North Myrtle Beach 1018 Second Avenue South

North Myrtle Beach SC 29582

18. Equal Employment Opportunity. During the performance of this contract, contractor, for itself, its assignees and successors in interest, agree as follows:

a. Compliance with Regulations: Contractor shall comply with the Executive Order

11246 entitled “Equal Opportunity in Federal Employment,” as amended by Executive Order 11375 and 12086, and as supplemented in Department of Labor regulations (41 CFR Chapter 60), hereinafter collectively referred to as the “Regulations.”

b. Nondiscrimination: Contractor, with regard to the work performed by it after award and prior to completion of the work pursuant to this contract, shall not discriminate on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation in selection and retention of subcontractors, including procurement of materials and leases of equipment. Contractor shall not participate either directly or indirectly in discrimination prohibited by the regulations.

2023-014AB Heritage Shores Nature Preserve Walkway and Dock Repair Page 16 of 32 mailto:acbell@nmb.us

c. Solicitations for Subcontractors, including Procurement of Materials and Equipment:

In all solicitations either by competitive bidding or negotiations made by contractor for work to be performed under any subcontract, including all procurement of materials or equipment, each potential subcontractor or supplier shall be notified by contractor of contractor’s obligation under this contract and the regulations relative to nondiscrimination on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation.

d. Title VI Compliance: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.

e. Sanctions for Noncompliance: In the event of noncompliance by contractor with the nondiscrimination provisions of this contract, the City shall impose such sanctions as it may determine to be appropriate including, but not limited to:

1. Withholding of payments to contractor under this contract until contractor complies;

2. Cancellation, termination, or suspension of the contract, in whole or in part.

This section is intentionally blank.

2023-014AB Heritage Shores Nature Preserve Walkway and Dock Repair Page 17 of 32

19. Compliance with Laws. The contractor shall be responsible for strict compliance with all applicable laws, regulations, court orders and other legal requirements applicable to the work to be accomplished pursuant to the contract, including without limitation the South Carolina Occupational Safety and Health Act and all applicable safety orders issued by the Division of Occupational Safety and Health, State of South Carolina, and all applicable requirements of Underwriters’ Laboratories and the Federal Communication Commission.

Pursuant to the Code of Laws of South Carolina, Section 8-14-10 et seq.

____ Contractor agrees to register and participate in the Federal Work Authorization

Program 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 of employment authorization of all new employees (e-verify).

____ Contractor is exempt from compliance as authorized in Section 8-14-20(D)

____ Contractor agrees to provide The City of North Myrtle Beach with any documentation required to establish either (a) the applicability of Section 8-14- 10 et seq. to the contractor, subcontractor, and sub-subcontractor, or (b) the compliance with Section 8-14-10 et seq. by the contractor and any subcontractor or sub-subcontractor.

Contractor Name:

Authorized Signature:

Name & Title:

The contractor who is awarded this bid will be required to sign the above form.

20. Fund Availability.

a. The contract is subject to the budget and fiscal provisions of the City of North Myrtle Beach.

b. The City’s payment obligation under the contract shall not at any time exceed the amount of funds appropriated and approved for such purpose by the North Myrtle Beach City Council.

c. The contract shall terminate without penalty at the end of the fiscal year in the event funds to make payment under the contract are not appropriated and approved for such

2023-014AB Heritage Shores Nature Preserve Walkway and Dock Repair Page 18 of 32 purpose City Council for the succeeding fiscal year. If such funds are appropriated for only a portion of the fiscal year, this contract shall terminate, without penalty, at the end of the term for which funds have been appropriated.

d. Notwithstanding any provision of the contract documents to the contrary, this section shall govern over any other provision of the contract.

21. Liquidated Damages. The Company acknowledges that delayed performance will damage the City, but by their nature, such damages are difficult to ascertain. Accordingly, the liquidated damages provisions stated in the Contract documents will apply.

Liquidated damages are not intended to be a penalty and are solely intended to compensate for damages. If proper authority is given to proceed, the work shall commence on the designated start date, and the work shall be completed by or before the designated completion date, approximately 90 days after the designated start date, with a $500.00 (Five Hundred 00/100 US Dollars) per day in liquidated damages for exceeding the schedule will apply. The expected time frame start date is after Labor Day, September 4, 2023, and the expected completion date is December 4, 2023.

22. Protection of Existing Facilities. Contractor shall take every precaution to protect all public and private property during the performance of the contract. Any damages caused by contractor’s personnel or equipment will be promptly repaired to the condition existing before the damage or be replaced. All such costs for such repairs or replacement shall be the sole responsibility of the contractor.

23. Termination.

a. Termination for Cause. If the purchasing agent determines that the contractor’s performance is not satisfactory, and notifies the contractor of such determination in writing, the contractor shall correct the unsatisfactory condition(s) within five (5) days after receiving such notification. If the contractor fails to correct the unsatisfactory condition(s) within five (5) days, the purchasing agent may declare the contract terminated upon thirty (30) days written notice and may, in the purchasing agent’s sole discretion, demand performance by the contractor’s surety, if any, or contract for performance of all or part of the remainder of contract with another contractor. In the event two such notices of unsatisfactory performance are given in any calendar year, and in the event that contractor shall again fail to satisfactorily perform pursuant to the contract, City may thereupon terminate the contract immediately, with no prior notice.

In the event of termination hereunder, the contractor and/or its surety shall be liable and assessed for any and all costs for re-procurement and completion of the contract.

b. Termination for Convenience. The City may terminate the contract, in whole or in part, for its convenience and without cause upon giving written notice to the contractor. The City shall pay all reasonable costs associated with the Contract that the contractor has incurred up to the date of termination and all reasonable costs associated with such termination of the contract. However, the contractor shall not be reimbursed for any

2023-014AB Heritage Shores Nature Preserve Walkway and Dock Repair Page 19 of 32 anticipatory profits which have not been earned, or any other costs which have not been incurred as of the date of termination.

c. Termination After Completion Date. If the contractor fails to complete its performance of the contract within the time specified in the contract (including any approved extension of such time), if any, the contract may be terminated and, in the event of such termination, the contractor shall not be paid or allowed any further compensation for any costs incurred after such termination. The City may thereafter proceed to complete the contract either by rebidding or otherwise, and the contractor and its surety, if any, shall be liable to the City for all loss or damage that the City may suffer on account of the contractor’s failure to complete the contract on time.

24. Freedom of Information Act. All proprietary and other information received from contractor by City, whether received in connection with contractor’s bid to City or in connection with any services performed by contractor, will be disclosed upon receipt of a request for disclosure, pursuant to the South Carolina Freedom of Information Act;

provided, however, that, if any information is set apart and clearly marked “trade secret” when it is provided to City, City shall give notice to contractor of any request for the disclosure of such information.