1-2026-IFB-027 CIP-2459 SW2 Crossings Final 5.19.26.pdf

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2026-IFB-027

Beaufort-Jasper Water

& Sewer Authority

Invitation for Bids Construction

Solicitation:

Date Issued:

Procurement Manager:

Phone:

Email:

Office:

2026-IFB-027

05/22/2026 Tammy Holman, NIGP-CPP, CPPB

(843) 987-8087 Bonfire@bjwsa.org BJWSA Procurement Office 6 Snake Rd.

Okatie, SC 29909

Table of Contents

I. TITLE & DESCRIPTION

II. SMWBE GOOD FAITH EFFORT REQUIREMENTS

III. PROJECT TIMELINE/KEY DATES

IV. GENERAL INFORMATION AND INSTRUCTIONS

A. BJWSA Rights/Acceptance of Bids

B. Addenda

C. Submission of Bids

D. Contractor Communications

E. Opening of Bids

F. Construction and Safety Standards

G. Bonds

H. South Carolina Freedom of Information Act

I. Contractor Illegal Immigration Compliance

J. Insurance

K. Artificial Intelligence (AI) Use Policy

V. SCOPE OF WORK/SERVICES

VI. BID REQUIREMENTS AND FORMATTING

VII. EVALUATION CRITERIA AND CONTRACT AWARD

VIII. EXHIBITS

mailto:Tammy.Holman@bjwsa.org

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I. TITLE & DESCRIPTION

Project Title: Great Swamp Effluent Management System Access Road Improvements

Project Description: Construction of three (3) low water crossings over an existing 24-inch diameter effluent pipeline. Each crossing consists of approximately 95 linear feet of partial concrete encasement over the existing pipeline and the placement of precast tied articulated concrete mats above the concrete encasement. The area of the mats varies between 1,500 and 3,050 square feet. The crossings include a 40-ft mid-section that lowers the road grade to allow improved hydraulic conveyance from east to west, with sloped sections to transition back to existing grade.

II. SMWBE GOOD FAITH EFFORT REQUIREMENTS

Bidders must complete BJWSA’s Good Faith Effort packet for Small, Minority and Women- Owned Business (SMWBE) Participation that is provided with this solicitation. If your firm is intending to self-perform 100% of the work/services, you simply need to return the Self-performance Affidavit with your Bid. If you will be utilizing subcontractors, please take special notice that there is a requirement for Bidders to send written notice at least fifteen

(15) calendar days prior to the response due date to the agencies listed in the packet informing them of: (1) your company’s intent to submit a Bid, and (2) request their assistance in the recruitment of small, minority and women-owned businesses as potential subcontractors.

III. PROJECT TIMELINE/KEY DATES

Solicitation Issued: May 22, 2026 8:00 AM EDT

Optional Pre-Bid Conference.

Location: 6 Snake Road, Okatie, SC 29909

June 2, 2026 1:00 PM EDT

Deadline for Good Faith Effort Written Notice Requirement: (see paragraph above)

June 8, 2026

Deadline for Questions: Questions must be submitted electronically at: BJWSA Procurement Portal

June 15, 2026 4:00 PM EDT

Bids Due by: Submit Bids Electronically at:

BJWSA Procurement Portal Responses received after the deadline or at any other location will not be accepted.

June 23, 2026 2:00 PM EDT https://bjwsa.bonfirehub.com/ https://bjwsa.bonfirehub.com/

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IV. GENERAL INFORMATION AND INSTRUCTIONS

The Beaufort Jasper Water & Sewer Authority (“BJWSA”) is soliciting sealed bids from qualified firms (“Bidders or “Contractors”) to perform the scope of work or services in accordance with the terms and conditions as set forth herein. This IFB is referenced on BJWSA’s website and posted to its Procurement Portal. Bidders must log in to the BJWSA Procurement Portal and register (free registration) in order to download the IFB and related documents. IFB copies obtained through any other source are considered unofficial and should not be relied upon.

A. BJWSA Rights/Acceptance of Bids

It shall be understood that this Invitation for Bid (IFB) is a request for information only and is not to be construed as an instruction or agreement to execute the work. BJWSA reserves the right to accept or reject any or all bids, to award multiple contracts for all or part of the scope of work, or to cancel in part or in whole this solicitation, if in the best interests of BJWSA. BJWSA reserves the right to refuse any and all bids and to waive any technicalities and formalities. BJWSA reserves the right to waive any requirement in this solicitation including material requirements, if such material requirement is unmet by all Bidders, and a waiver is determined to be in the best interests of BJWSA. Should BJWSA choose to proceed with this scope of work, a contract and/or purchase order will be awarded to the responsive and responsible Bidder whose Bid has the lowest total cost.

B. Addenda

No oral or written statements made by Authority personnel shall be considered addenda to this IFB unless the statement is confirmed in writing and identified as a written addendum to this IFB. BJWSA requires that all issued addenda be acknowledged in the Contractor’s Bid submission to be considered responsive.

C. Submission of Bids

BIDS FOR THIS PROJECT WILL BE ACCEPTED ONLY ON THE BONFIRE PROCUREMENT

PLATFORM PRIOR TO THE BID DUE DATE/TIME. Please login to the following website to register (free registration) to submit a Bid for this project. Each Bid must be submitted electronically via the BJWSA Procurement Portal and include all required documents https://bjwsa.bonfirehub.com/

Page | 4 and information. In the event you are having technical issues with your submission, Bonfire Support can be found at Technical Support.

BJWSA will not be liable for any expenses incurred by Bidders in the preparation of Bids.

All Bids become the property of BJWSA once submitted.

D. Contractor Communications

Commencing on the date of this IFB is issued and until BJWSA makes public notice of contract award, Contractor communications with any BJWSA staff or Board member regarding this IFB is expressly prohibited, except communications occurring during a scheduled pre-Bid conference or through the submission of questions via the BJWSA Procurement Portal. Failure to comply with this restriction may result in the disqualification of the offending Contractor from consideration for contract award under this IFB, and exclusion from future BJWSA business opportunities.

E. Opening of Bids

There will be no onsite meeting for the opening of Bids. Instead the opening of Bids will be held virtually. A public link for live video and audio access to virtual opening is available BJWSA Virtual Openings. Only the names of Bidders will be shared during the opening and no other information will be shared that time. This virtual opening will go active for registration and log-in starting at 1:45 PM with the actual reading or Bidders to commence at 2:00 PM. The video and communication stream will be one-way.

BJWSA reserves the right to seek clarification from any Bidder to assist in making decisions.

F. Construction and Safety Standards

For all construction related projects, the standards of construction shall be in accordance with all applicable specifications and details provided in the BJWSA Technical Specifications. Contractors shall submit with their Bid their Experience Modifier Rate as well as their Health and Safety Plan. This information will be reviewed by BJWSA’s Safety Division and may factor into the determination of Bidder’s responsibility for purposes of contract award.

https://bjwsa.bonfirehub.com/portal/support https://bjwsa.bonfirehub.com/ https://bjwsa.org/241/Bid-Openings https://bjwsa.org/172/Technical-Specifications

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G. Bonds If Contractor bid is $100,000 or more, Contractor shall meet the bonding requirements as follows:

A. Bid Bond - Contractor shall submit a Bid Bond for 5% of the bid amount provided on the Bid Form (Exhibit H).

B. Performance & Payment Bonds - The awarded Contractor shall furnish a 100 percent performance bond and a 100 percent payment bond as security for the faithful performance of this contract, as security for payment of all persons performing labor under this contract and furnishing materials in connection with this contract. The performance bond and payment bond shall be in separate instruments. Before final acceptance, each bond must be approved by BJWSA.

H. South Carolina Freedom of Information Act BJWSA is a political subdivision of the State of South Carolina. As such, BJWSA is subject to the South Carolina Freedom of Information Act (“FOIA, SC Code Ann.

Section 30-4-10, et seq). Under SC Code Ann. Section 30-4-40(5), documents incidental to proposed contractual arrangements are exempt from disclosure UNTIL such time as a contract has been entered into. Accordingly, once a contract has been executed, all submitted Bids are subject to disclosure by BJWSA upon receipt of a FOIA request. Regardless of materials that may be marked as “Confidential”, “Proprietary” or other similar labeling, only materials that meet the criteria established by SC Code Ann. Section 30-4-40 can be exempted from disclosure in response to a FOIA request. BJWSA, in consultation with its legal counsel, shall sole determiner of which materials and information satisfy the exemption criteria under Section 30-4-40.

I. Contractor Illegal Immigration Compliance Each Contractor shall submit a completed and signed Contractor Illegal Immigration Compliance Affidavit, attached as Exhibit B, and remain in compliance with the requirements of the Affidavit throughout the term of its contract with BJWSA.

J. Insurance

Refer to EJCDC Supplementary Conditions (C-800) for insurance requirements.

https://www.scstatehouse.gov/code/t30c004.php

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K. Artificial Intelligence (AI) Use Policy

Each Contractor shall submit a completed and signed Vendor Artificial Intelligence (AI) Use Attestation, attached as Exhibit I, and remain in compliance with the requirements of the Affidavit throughout the term of its contract with BJWSA.

V. SCOPE OF WORK/SERVICES

A detailed Scope of Work/Services is provided in Exhibit G.

All work must be completed by November 30, 2026 and billed by December 31, 2026. All invoices must be emailed to invoices@bjwsa.org.

VI. BID REQUIREMENTS AND FORMATTING

Bidder shall provide the following and comply with any formatting restrictions stated herein.

BJWSA requests Bidders to provide a list of at least 3 client references for which they have provides similar services.

Pricing shall be submitted as a separate electronic file using the Bid Form, Exhibit H. All Bid fees and pricing shall be valid and honored for a period of at least sixty (60) days from the Bid Submittal Deadline. Contractor’s license number shall be included on the Bid Form as evidence of that it has the proper South Carolina State Contractor’s License.

VII. EVALUATION CRITERIA AND CONTRACT AWARD

Bids will be reviewed to determine which Bidders are responsive and responsible. If a contract and/or purchase is awarded, it will be awarded to the responsive and responsible Bidder whose bid has the lowest total cost.

The resulting contract will utilize EJCDC C-Series Contract Documents as modified by BJWSA which have been included Exhibit A of this IFB, adjusted by project specifics and contract negotiations.

VIII. EXHIBITS

EXHIBIT A: CONTRACT TERMS AND CONDITIONS

EXHIBIT B: SC ILLEGAL IMMIGRATION ACT AFFIDAVIT

mailto:invoices@bjwsa.org

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EXHIBIT C: ACKNOWLEDGEMENT OF ADDENDA

EXHIBIT D: NON-COLLUSION STATEMENT

EXHIBIT E: SMALL & MINORITY BUSINESS GOOD FAITH PACKET

EXHIBIT F: SUBMITTAL CHECKLIST

EXHIBIT G: SCOPE OF WORK/SERVICES

EXHIBIT H: BID FORM

EXHIBIT I: ARTIFICIAL INTELLIGENCE (AI) USE ATTESTATION

EXHIBIT J: PLANS (included as a separate document)

EXHIBIT K: SPECIFICATIONS

EXHIBIT L: CHECKLIST FOR 2021 NATIONWIDE PERMIT REVIEW

EXHIBIT A: CONTRACT TERMS & CONDITIONS

EJCDC® C-520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

AGREEMENT BETWEEN OWNER AND CONTRACTOR

FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

This Agreement is by and between Beaufort-Jasper Water & Sewer Authority (“Owner”) and [name of contracting entity] (“Contractor”).

Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary Conditions.

Owner and Contractor hereby agree as follows:

ARTICLE 1—WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Construction of three (3) low water crossings over an existing 24-inch diameter effluent pipeline. Each crossing consists of approximately 95 linear feet of partial concrete encasement over the existing pipeline and the placement of precast tied articulated concrete mats above the concrete encasement. The area of the mats varies between 1,500 and 3,050 square feet. The crossings include a 40-ft mid-section that lowers the road grade to allow improved hydraulic conveyance from east to west, with sloped sections to transition back to existing grade.

ARTICLE 2—THE PROJECT

2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Great Swamp Effluent Management System Access Road Improvements.

ARTICLE 3—ENGINEER

3.01 The Owner has retained Wetland Solutions, Inc. (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities of Engineer, and have the rights and authority assigned to Engineer in the Contract.

3.02 The part of the Project that pertains to the Work has been designed by Engineer

ARTICLE 4—CONTRACT TIMES

4.01 Time is of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Contract Times: Dates

A. The Work will be substantially complete on or before November 30, 2026, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before December 31, 2026.

4.05 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Milestones not achieved within the Contract Times, as duly modified. The parties also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by Owner if the Work is not completed on time.

Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):

1. Substantial Completion: Contractor shall pay Owner $500 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for Substantial Completion, until the Work is substantially complete.

2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $500 for each day that expires after such time until the Work is completed and ready for final payment.

3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive, and will not be imposed concurrently.

4.06 Special Damages

A. Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor’s failure to attain Substantial Completion according to the Contract Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is substantially complete.

B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, Contractor shall reimburse Owner for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Work to be completed and ready for final payment (as duly adjusted pursuant to the Contract), until the Work is completed and ready for final payment.

C. The special damages imposed in this paragraph are supplemental to any liquidated damages for delayed completion established in this Agreement.

ARTICLE 5—CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents, the amounts that follow, subject to adjustment under the Contract:

A. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit.

ARTICLE 6—PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

6.02 Progress Payments; Retainage

A. Owner shall make progress payments on the basis of Contractor’s Applications for Payment on or about the last day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract.

1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract.

a. Ninety percent (90%) of the value of the Work completed (with the balance being retainage).

1) If 50 percent or more of the Work has been completed, as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage;

and

b. Ninety percent (90%) percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage).

B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to one hundred (100%) percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less two hundred (200%) percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment.

6.03 Final Payment

A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the Contract Price in accordance with Paragraph 15.06 of the General Conditions.

6.04 Consent of Surety

A. Owner will not make final payment, or return or release retainage at Substantial Completion or any other time, unless Contractor submits written consent of the surety to such payment, return, or release.

6.05 Interest

A. All amounts not paid when due will bear interest at the rate of three percent (3%) per annum.

ARTICLE 7—CONTRACT DOCUMENTS

7.01 Contents

A. The Contract Documents consist of all of the following:

1. This Agreement.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

2. Bonds:

a. Performance bond (together with power of attorney).

b. Payment bond (together with power of attorney).

3. General Conditions.

4. Supplementary Conditions.

5. Specifications as listed in the table of contents of the project manual (copy of list attached).

6. Drawings (not attached but incorporated by reference) consisting of 9 sheets with each sheet bearing the following general title: Great Swamp EMS SW-2 Low Water Crossings.

7. Drawings listed on the attached sheet index.

8. Documents required per Owner’s Development Policy & Procedure Manual.

8. Addenda (numbers [number] to [number], inclusive).

9. Exhibits to this Agreement (enumerated as follows):

a. Artificial Intelligence Policy Compliance Affidavit Exhibit [ ].

10. Applicable Chapters of BJWSA’s Technical Specifications.

11. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto:

a. Notice to Proceed.

b. Work Change Directives.

c. Change Orders.

d. Field Orders.

e. Warranty Bond, if any.

f. Certificates of Insurance.

B. The Contract Documents listed in Paragraph 7.01.A are attached to this Agreement (except as expressly noted otherwise above).

C. There are no Contract Documents other than those listed above in this Article 7.

D. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract.

ARTICLE 8—REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS

8.01 Contractor’s Representations

A. In order to induce Owner to enter into this Contract, Contractor makes the following representations:

1. Contractor has examined and carefully studied the Contract Documents, including Addenda.

https://bjwsa.org/DocumentCenter/View/151/Development-Policy-and-Procedure-Manual-PDF?bidId=

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.

4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.

5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.

6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.

7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

8. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work to the standard required of BJWSA.

11. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

8.02 Contractor’s Certifications

A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 8.02:

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner,

(b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

8.03 Standard General Conditions

A. Owner stipulates that if the General Conditions that are made a part of this Contract are EJCDC® C-700, Standard General Conditions for the Construction Contract (2018), published by the Engineers Joint Contract Documents Committee, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or “track changes” (redline/strikeout), or in the Supplementary Conditions.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.

This Agreement will be effective on [indicate date on which Contract becomes effective].

Owner: Contractor:

Beaufort-Jasper Water & Sewer Authority (typed or printed name of organization) (typed or printed name of organization)

By: By:

(individual’s signature) (individual’s signature) Date: Date:

(date signed) (date signed) Name: Name:

(typed or printed) (typed or printed)

Title: Title:

(typed or printed) (typed or printed)

(If [Type of Entity] is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest: Attest:

(individual’s signature) (individual’s signature) Title: Title:

Address for giving notices: Address for giving notices:

Designated Representative: Designated Representative:

Name: Name:

(typed or printed) (typed or printed)

Title: Title:

Address: Address:

Phone: Phone:

Email: Email:

(If [Type of Entity] is a corporation, attach evidence of authority to sign. If [Type of Entity] is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.)

License No.:

(where applicable)

State:

EJCDC® C-700, Standard General Conditions of the Construction Contract.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

TOC Page 1 of 5

STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

General Conditions Intentionally Provided in Redline Format

TABLE OF CONTENTS

Page

Article 1—Definitions and Terminology

1.01 Defined Terms

1.02 Terminology

Article 2—Preliminary Matters

2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance

2.02 Copies of Documents

2.03 Before Starting Construction

2.04 Preconstruction Conference; Designation of Authorized Representatives

2.05 Acceptance of Schedules

2.06 Electronic Transmittals

Article 3—Contract Documents: Intent, Requirements, Reuse

3.01 Intent

3.02 Reference Standards

3.03 Reporting and Resolving Discrepancies

3.04 Requirements of the Contract Documents

3.05 Reuse of Documents

Article 4—Commencement and Progress of the Work

4.01 Commencement of Contract Times; Notice to Proceed

4.02 Starting the Work

4.03 Reference Points

4.04 Progress Schedule

4.05 Delays in Contractor’s Progress

Article 5—Site; Subsurface and Physical Conditions; Hazardous Environmental Conditions

5.01 Availability of Lands

5.02 Use of Site and Other Areas

5.03 Subsurface and Physical Conditions

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

TOC Page 2 of 5

5.04 Differing Subsurface or Physical Conditions

5.05 Underground Facilities

5.06 Hazardous Environmental Conditions at Site

Article 6—Bonds and Insurance

6.01 Performance, Payment, and Other Bonds

6.02 Insurance—General Provisions

6.03 Contractor’s Insurance

6.04 Builder’s Risk and Other Property Insurance

6.05 Property Losses; Subrogation

6.06 Receipt and Application of Property Insurance Proceeds

Article 7—Contractor’s Responsibilities

7.01 Contractor’s Means and Methods of Construction

7.02 Supervision and Superintendence

7.03 Labor; Working Hours

7.04 Services, Materials, and Equipment

7.05 “Or Equals”

7.06 Substitutes

7.07 Concerning Subcontractors and Suppliers

7.08 Patent Fees and Royalties

7.09 Permits

7.10 Taxes

7.11 Laws and Regulations

7.12 Record Documents

7.13 Safety and Protection

7.14 Hazard Communication Programs

7.15 Emergencies

7.16 Submittals

7.17 Contractor’s General Warranty and Guarantee

7.18 Indemnification

7.19 Delegation of Professional Design Services

Article 8—Other Work at the Site

8.01 Other Work

8.02 Coordination

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

TOC Page 3 of 5

8.03 Legal Relationships

Article 9—Owner’s Responsibilities

9.01 Communications to Contractor

9.02 Replacement of Engineer

9.03 Furnish Data

9.04 Pay When Due

9.05 Lands and Easements; Reports, Tests, and Drawings

9.06 Insurance

9.07 Change Orders

9.08 Inspections, Tests, and Approvals

9.09 Limitations on Owner’s Responsibilities

9.10 Undisclosed Hazardous Environmental Condition

9.11 Evidence of Financial Arrangements

9.12 Safety Programs

Article 10—Engineer’s Status During Construction

10.01 Owner’s Representative

10.02 Visits to Site

10.03 Resident Project Representative

10.04 Engineer’s Authority

10.05 Determinations for Unit Price Work

10.06 Decisions on Requirements of Contract Documents and Acceptability of Work

10.07 Limitations on Engineer’s Authority and Responsibilities

10.08 Compliance with Safety Program

Article 11—Changes to the Contract

11.01 Amending and Supplementing the Contract

11.02 Change Orders

11.03 Work Change Directives

11.04 Field Orders

11.05 Owner-Authorized Changes in the Work

11.06 Unauthorized Changes in the Work

11.07 Change of Contract Price

11.08 Change of Contract Times

11.09 Change Proposals

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

TOC Page 4 of 5

11.10 Notification to Surety

Article 12—Claims

12.01 Claims

Article 13—Cost of the Work; Allowances; Unit Price Work

13.01 Cost of the Work

13.02 Allowances

13.03 Unit Price Work

Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work

14.01 Access to Work

14.02 Tests, Inspections, and Approvals

14.03 Defective Work

14.04 Acceptance of Defective Work

14.05 Uncovering Work

14.06 Owner May Stop the Work

14.07 Owner May Correct Defective Work

Article 15—Payments to Contractor; Set-Offs; Completion; Correction Period

15.01 Progress Payments

15.02 Contractor’s Warranty of Title

15.03 Substantial Completion

15.04 Partial Use or Occupancy

15.05 Final Inspection

15.06 Final Payment

15.07 Waiver of Claims

15.08 Correction Period

Article 16—Suspension of Work and Termination

16.01 Owner May Suspend Work

16.02 Owner May Terminate for Cause

16.03 Owner May Terminate for Convenience

16.04 Contractor May Stop Work or Terminate

Article 17—Final Resolution of Disputes

17.01 Methods and Procedures

Article 18—Miscellaneous

18.01 Giving Notice

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TOC Page 5 of 5

18.02 Computation of Times

18.03 Cumulative Remedies

18.04 Limitation of Damages

18.05 No Waiver

18.06 Survival of Obligations

18.07 Controlling Law

18.08 Assignment of Contract

18.09 Successors and Assigns

18.10 Headings

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

ARTICLE 1—DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

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

2. Agreement—The written instrument, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents.

3. Application for Payment—The document prepared by Contractor, in a form acceptable to Engineer, to request progress or final payments, and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

4. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

5. Bidder—An individual or entity that submits a Bid to Owner.

6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda.

7. Bidding Requirements—The Advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments.

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

9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents;

challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract.

10. Claim

a. A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment of Contract Price or Contract Times; contesting an initial decision by Engineer concerning the

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requirements of the Contract Documents or the acceptability of Work under the Contract Documents; contesting Engineer’s decision regarding a Change Proposal;

seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract.

b. A demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer’s decision regarding a Change Proposal, or seeking resolution of a contractual issue that Engineer has declined to address.

c. A demand or assertion by Owner or Contractor, duly submitted in compliance with the procedural requirements set forth herein, made pursuant to Paragraph 12.01.A.4, concerning disputes arising after Engineer has issued a recommendation of final payment.

d. A demand for money or services by a third party is not a Claim.

11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), lead-based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material.

12. Contract—The entire and integrated written contract between Owner and Contractor concerning the Work.

13. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract.

14. Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents.

15. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work.

16. Contractor—The individual or entity with which Owner has contracted for performance of the Work.

17. Cost of the Work—See Paragraph 13.01 for definition.

18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor.

19. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective.

20. Electronic Document—Any Project-related correspondence, attachments to correspondence, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format.

21. Electronic Means—Electronic mail (email), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by the

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recipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by this Contract. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents.

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

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

24. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto.

a. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated into the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, is not a Hazardous Environmental Condition.

b. The presence of Constituents of Concern that are to be removed or remediated as part of the Work is not a Hazardous Environmental Condition.

c. The presence of Constituents of Concern as part of the routine, anticipated, and obvious working conditions at the Site, is not a Hazardous Environmental Condition.

25. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction in State of South Carolina.

26. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property.

27. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date, or by a time prior to Substantial Completion of all the Work.

28. Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the Bid.

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

30. Owner—The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract.

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

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32. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part.

33. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative (RPR) includes any assistants or field staff of Resident Project Representative.

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

35. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer’s review of the submittals.

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

37. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents.

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

39. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work.

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

41. Submittal—A written or graphic document, prepared by or for Contractor, which the Contract Documents require Contractor to submit to Engineer, or that is indicated as a Submittal in the Schedule of Submittals accepted by Engineer. Submittals may include Shop Drawings and Samples; schedules; product data; Owner-delegated designs;

sustainable design information; information on special procedures; testing plans; results of tests and evaluations, source quality-control testing and inspections, and field or Site quality-control testing and inspections; warranties and certifications; Suppliers’ instructions and reports; records of delivery of spare parts and tools; operations and maintenance data; Project photographic documentation; record documents; and other such documents required by the Contract Documents. Submittals, whether or not approved or accepted by Engineer, are not Contract Documents. Change Proposals, Change Orders, Claims, notices, Applications for Payment, and requests for interpretation or clarification are not Submittals.

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

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Work (or a specified part thereof) can be utilized for the purposes for which it is intended.

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

43. Successful Bidder—The Bidder to which the Owner makes an award of contract.

44. Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions.

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

46. Technical Data

a. Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (1) existing subsurface conditions at or adjacent to the Site, or existing physical conditions at or adjacent to the Site including existing surface or subsurface structures (except Underground Facilities) or (2) Hazardous Environmental Conditions at the Site.

b. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then Technical Data is defined, with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06, as the data contained in boring logs, recorded measurements of subsurface water levels, assessments of the condition of subsurface facilities, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical, environmental, or other Site or facilities conditions report prepared for the Project and made available to Contractor.

c. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data, and instead Underground Facilities are shown or indicated on the Drawings.

47. Underground Facilities—All active or not-in-service underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site, including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. An abandoned facility or system is not an Underground Facility.

48. Unit Price Work—Work to be paid for on the basis of unit prices.

49. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction; furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents.

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50. Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work.

1.02 Terminology

A. The words and terms discussed in Paragraphs 1.02.B, C, D, and E are not defined terms that require initial capital letters, but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning.

B. Intent of Certain Terms or Adjectives: The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer.