27691_0081B _ Addendum 4 with attachments.pdf

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BRYAN–BULLOCH COUNTY TRANSMISSION MAIN – PHASE II

RFP NO. 27691.0081B

PREPARED FOR:

BRYAN COUNTY BOARD OF COMMISSIONERS

THOMAS & HUTTON PROJECT NO.

J–27691.0081B

ADDENDUM NO. 4 October 31, 2023

GENERAL

This Addendum has been issued on behalf of Bryan County. The following information should be considered by prospective bidders in preparation of their proposals and are hereby incorporated into the Proposal Documents. Bidders shall be responsible for acknowledging receipt of this addendum in the Bid Form, Document 00 41 43. Failure to do so will result in the proposal being considered nonresponsive.

PART I – QUESTIONS AND CLARIFICATIONS:

1. Q: The Supplementary Conditions are calling for $25M Temporary Storage insurance.

We believe this limit is in excess of the maximum exposure on the project. Anything stored onsite would be covered under the Builders Risk so this only covers materials temporarily stored offsite.

A: The Supplementary Conditions have been revised to indicate $10M Temporary

Storage insurance.

2. Q: The Supplementary Conditions are calling for $3M Property in Transit insurance. This is another limit that is in excess of what we believe to be the maximum exposure.

Can you advise if the full $3M limit is needed?

A: The Supplementary Conditions have been revised to indicate $1M Property in

Transit insurance.

3. Q: The Supplementary Conditions are calling for $2M Professional Liability insurance.

Since the Contractor has no design responsibility, is this necessary?

A: The minimum requirement for professional liability insurance has been revised in the Supplementary Conditions to $500,000 per claim and $1,000,000 annual aggregate.

4. Q: Specification Section 2.10 Chlorination System, C. Chlorine Gas Flow Meter calls for a Wallace & Tiernan S–10K with SCU. The S10K with SCU is an automatically controlled chlorinator with a flow proportional controller (SCU) utilizing a flow signal from a SCADA System or flow meter. Drawing C3.4 shows two (2) Manual Chlorine

Flow Rate Controllers, each connected to a separate injector/eductor. Is the

Process Flow Diagram Drawing C3.4 the intended control plan for the chlorination system? No automatic control of chlorine feed rate is required?

A: The process flow diagram has been revised and included with this Addendum. The intent is for automatic control of chlorine feed via SCADA.

5. Q: If there are two application points for chlorine solution, should an additional chlorine solution injector/check valve be included for the injection point near the hydropneumatic tank?

Bryan–Bulloch County Transmission Main – Phase II

Addendum No. 4

October 31, 2023

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A: Yes. See the revised site plan and process flow diagram, attached with this

Addendum.

6. Q: The pipe bedding detail on C4.2 shows either stone or select bedding is to be used.

Can some clarity be provided on what material should be used for bidding purposes given the difference in price and availability of the two products?

A: Please reference the geotechnical reports, which may be provided upon request.

7. Q: Can a bid extension be provided to allow for extra time to price the architectural drawings that were provided in addendum 2?

A: Addendum 3 was issued on October 26 to extend the bid.

8. Q: Can a basis of design product be specified for the 20,000 Gallon Hydropneumatic

Water Tank?

A: The tank shall be designed to the plans and specifications. Additional detail has been added to sheets C3.5 and C3.6 of the plans.

9. Q: We have reached out to the GA Power contact, who was listed on the drawings with a phone number. He had no knowledge of the project or how to get power to the site, and says he does not have a number for the primary power proportion of work or a ballpark to get power back there to the well. Please consider adding an allowance for this scope of work.

A: The appropriate power company and representative have been contacted.

Payment for the electrical shall be split between the “1,800 GPm Wellhead Pump &

Piping”, “Well #1 Treatment Building”, “Generator – Complete”, and “SCADA

System”, depending on which the item pertains, as outlined in Section 01 22 00 –

Unit Prices.

PART II – CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS:

SECTION 00 73 00 – SUPPLEMENTARY CONDITIONS

1. SC–6.03.N has been revised. Contractor’s Professional Liability has been revised to $500,000 per claim and $1,000,000 annual aggregate.

2. SC–6.06.F.4 has been revised. Temporary storage insurance has been revised to

$10,000,000.

3. SC–6.06.F.5 has been revised. Transit insurance has been revised to $1,000,000.

Bryan–Bulloch County Transmission Main – Phase II

Addendum No. 4

October 31, 2023

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PART III – DRAWINGS:

The following sheets have been revised and attached with this Addendum:

#1 SHEET REVISION C1.9

Revised Sheet C1.9 is attached to this Addendum. This includes an existing Georgia Transmission

Corporation easement parallel to Highway 280.

#2 SHEET REVISION C1.23 AND C1.24

Revised Sheet C1.23 and C1.24 are attached to this Addendum. This includes a delineated wetland that previously was not shown on the plans.

#3 SHEET REVISION C3.1 – C3.5

Revised Sheets C3.1 – C3.5 are attached to this Addendum. These include a new chlorine injection point downstream of the hydropneumatic tank, updated section views, and an updated process flow diagram.

#4 SHEET REVISION EC1.0 – EC1.2, EC1.5, EC2.1 – EC2.12

Revised Sheets EC1.0 – EC1.2, EC1.5, EC2.1 – EC2.12 are attached to this Addendum. These sheets have been revised to reflect previous alignment shifts and minor erosion control revisions.

All other aspects of the project remain unchanged.

THOMAS & HUTTON ENGINEERING CO.

Samuel Dodd, PE

Project Manager

END OF ADDENDUM NO. 4

EJCDC® C–800, Supplementary 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.

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

SUPPLEMENTARY CONDITIONS

OF THE CONSTRUCTION CONTRACT

Prepared By

Endorsed By

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

Copyright© 2018

National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314–2794

(703) 684–2882 www.nspe.org

American Council of Engineering Companies

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

(202) 347–7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191–4400

(800) 548–2723 www.asce.org

The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above.

http://www.nspe.org/ http://www.acec.org/ http://www.asce.org/ http://www.ejcdc.org/

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 1

SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1— Definitions and Terminology

Article 2— Preliminary Matters

Article 3— OMITED ........................................................................................ Error! Bookmark not defined.

Article 4— Commencement and Progress of the Work

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

Article 6— Bonds and Insurance

Article 7— Contractor’s Responsibilities ....................................................... Error! Bookmark not defined.

Article 8— OMITTED

Article 9— OMITTED

Article 10— Engineer’s Status During Construction

Article 11— OMITTED .................................................................................... Error! Bookmark not defined.

Article 12— OMITTED

Article 13— Cost of Work; Allowances, Unit Price Work ............................... Error! Bookmark not defined.

Article 14— OMITTED .................................................................................... Error! Bookmark not defined.

Article 15— OMITTED

Article 16— OMITTED .................................................................................... Error! Bookmark not defined.

Article 17— Final Resolutions of Disputes

Article 18— OMITTED

Exhibit A— Software Requirements for Electronic Document Exchange

Exhibit B— Foreseeable Bad Weather Day

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

Revised per Addendum #4 dated October 31st, 2023

SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT

These Supplementary Conditions amend or supplement EJCDC® C–700, Standard General Conditions of the Construction Contract (2018). The General Conditions remain in full force and effect except as amended.

The terms used in these Supplementary Conditions have the meanings stated in the General Conditions.

Additional terms used in these Supplementary Conditions have the meanings stated below, which are applicable to both the singular and plural thereof.

The address system used in these Supplementary Conditions is the same as the address system used in the General Conditions, with the prefix "SC" added—for example, “Paragraph SC–4.05.”

ARTICLE 1—DEFINITIONS AND TERMINOLOGY

No suggested Supplementary Conditions in this Article.

ARTICLE 2—PRELIMINARY MATTERS

2.01 Delivery of Bonds and Evidence of Insurance

SC–2.01 Delete Paragraphs 2.01.B. and C. in their entirety and insert the following in their place:

B. Evidence of Contractor’s Insurance: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner copies of the policies (including all endorsements, and identification of applicable self–insured retentions and deductibles) of insurance required to be provided by Contractor in this Contract. Contractor may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision.

C. Evidence of Owner’s Insurance: After receipt from Contractor of the signed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor copies of the policies of insurance to be provided by Owner in this Contract (if any). Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision.

2.02 Copies of Documents

SC–2.02 Delete Paragraph 2.02.A in its entirety and insert the following new paragraph in its place:

A. Owner shall furnish to Contractor two (2) printed copies of conformed Contract Documents incorporating and integrating all Addenda and any amendments negotiated prior to the Effective Date of the Contract (including one fully signed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies of the conformed Contract Documents will be furnished upon request at the cost of reproduction.

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

Revised per Addendum #4 dated October 31st, 2023

2.06 Electronic Transmittals

SC–2.06 Delete Paragraphs 2.06.B and 2.06.C in their entirety and insert the following in their place:

B. Electronic Documents Protocol: The parties shall conform to the following provisions in Paragraphs 2.06.B and 2.06.C, together referred to as the Electronic Documents Protocol (“EDP” or “Protocol”) for exchange of electronic transmittals.

1. Basic Requirements

a. To the fullest extent practical, the parties agree to and will transmit and accept Electronic Documents in an electronic or digital format using the procedures described in this Protocol. Use of the Electronic Documents and any information contained therein is subject to the requirements of this Protocol and other provisions of the Contract.

b. The contents of the information in any Electronic Document will be the responsibility of the transmitting party.

c. Electronic Documents as exchanged by this Protocol may be used in the same manner as the printed versions of the same documents that are exchanged using non–electronic format and methods, subject to the same governing requirements, limitations, and restrictions, set forth in the Contract Documents.

d. Except as otherwise explicitly stated herein, the terms of this Protocol will be incorporated into any other agreement or subcontract between a party and any third party for any portion of the Work on the Project, or any Project–related services, where that third party is, either directly or indirectly, required to exchange Electronic Documents with a party or with Engineer. Nothing herein will modify the requirements of the Contract regarding communications between and among the parties and their subcontractors and consultants.

e. When transmitting Electronic Documents, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the receiving party’s use of software application packages, operating systems, or computer hardware differing from those established in this Protocol.

f. Nothing herein negates any obligation 1) in the Contract to create, provide, or maintain an original printed record version of Drawings and Specifications, signed and sealed according to applicable Laws and Regulations; 2) to comply with any applicable Law or Regulation governing the signing and sealing of design documents or the signing and electronic transmission of any other documents; or

3) to comply with the notice requirements of Paragraph 18.01 of the General Conditions.

2. System Infrastructure for Electronic Document Exchange

a. Each party will provide hardware, operating system(s) software, internet, e–mail, and large file transfer functions (“System Infrastructure”) at its own cost and sufficient for complying with the EDP requirements. With the exception of minimum standards set forth in this EDP, and any explicit system requirements specified by attachment to this EDP, it is the obligation of each party to determine, for itself, its own System Infrastructure.

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

Revised per Addendum #4 dated October 31st, 2023

1) The maximum size of an email attachment for exchange of Electronic Documents under this EDP is five (5) MB. Attachments larger than that may be exchanged using large file transfer functions or physical media.

2) Each Party assumes full and complete responsibility for any and all of its own costs, delays, deficiencies, and errors associated with converting, translating, updating, verifying, licensing, or otherwise enabling its System Infrastructure, including operating systems and software, for use with respect to this EDP.

b. Each party is responsible for its own system operations, security, back–up, archiving, audits, printing resources, and other Information Technology (“IT”) for maintaining operations of its System Infrastructure during the Project, including coordination with the party’s individual(s) or entity responsible for managing its System Infrastructure and capable of addressing routine communications and other IT issues affecting the exchange of Electronic Documents.

c. Each party will operate and maintain industry–standard, industry–accepted, ISO– standard, commercial–grade security software and systems that are intended to protect the other party from: software viruses and other malicious software like worms, trojans, adware; data breaches; loss of confidentiality; and other threats in the transmission to or storage of information from the other parties, including transmission of Electronic Documents by physical media such as CD/DVD/flash drive/hard drive. To the extent that a party maintains and operates such security software and systems, it shall not be liable to the other party for any breach of system security.

d. In the case of disputes, conflicts, or modifications to the EDP required to address issues affecting System Infrastructure, the parties shall cooperatively resolve the issues; but, failing resolution, the Owner is authorized to make and require reasonable and necessary changes to the EDP to effectuate its original intent. If the changes cause additional cost or time to Contractor, not reasonably anticipated under the original EDP, Contractor may seek an adjustment in price or time under the appropriate process in the Contract.

e. Each party is responsible for its own back–up and archive of documents sent and received during the term of the contract under this EDP, unless this EDP establishes a Project document archive, either as part of a mandatory Project website or other communications protocol, upon which the parties may rely for document archiving during the specified term of operation of such Project document archive. Further, each party remains solely responsible for its own post–Project back–up and archive of Project documents after the term of the Contract, or after termination of the Project document archive, if one is established, for as long as required by the Contract and as each party deems necessary for its own purposes.

f. If a receiving party receives an obviously corrupted, damaged, or unreadable Electronic Document, the receiving party will advise the sending party of the incomplete transmission.

g. The parties will bring any non–conforming Electronic Documents into compliance with the EDP. The parties will attempt to complete a successful transmission of the

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

Revised per Addendum #4 dated October 31st, 2023

Electronic Document or use an alternative delivery method to complete the communication.

h. OMITTED

C. Software Requirements for Electronic Document Exchange; Limitations

1. Each party will acquire the software and software licenses necessary to create and transmit Electronic Documents and to read and to use any Electronic Documents received from the other party (and if relevant from third parties), using the software formats required in this section of the EDP.

a. Prior to using any updated version of the software required in this section for sending Electronic Documents to the other party, the originating party will first notify and receive concurrence from the other party for use of the updated version or adjust its transmission to comply with this EDP.

2. The parties agree not to intentionally edit, reverse engineer, decrypt, remove security or encryption features, or convert to another format for modification purposes any Electronic Document or information contained therein that was transmitted in a software data format, including Portable Document Format (PDF), intended by sender not to be modified, unless the receiving party obtains the permission of the sending party or is citing or quoting excerpts of the Electronic Document for Project purposes.

3. Software and data formats for exchange of Electronic Documents will conform to the requirements set forth in Exhibit A to this EDP, including software versions, if listed.

SC–2.06 Supplement Paragraph 2.06 of the General Conditions by adding the following paragraph:

D. Requests by Contractor for Electronic Documents in Other Formats

1. Release of any Electronic Document versions of the Project documents in formats other than those identified in the Electronic Documents Protocol (if any) or elsewhere in the Contract will be at the sole discretion of the Owner.

2. To extent determined by Owner, in its sole discretion, to be prudent and necessary, release of Electronic Documents versions of Project documents and other Project information requested by Contractor (“Request”) in formats other than those identified in the Electronic Documents Protocol (if any) or elsewhere in the Contract will be subject to the provisions of the Owner’s response to the Request, and to the following conditions to which Contractor agrees:

a. The content included in the Electronic Documents created by Engineer and covered by the Request was prepared by Engineer as an internal working document for Engineer’s purposes solely, and is being provided to Contractor on an “AS IS” basis without any warranties of any kind, including, but not limited to any implied warranties of fitness for any purpose. As such, Contractor is advised and acknowledges that the content may not be suitable for Contractor’s application, or may require substantial modification and independent verification by Contractor.

The content may include limited resolution of models, not–to–scale schematic representations and symbols, use of notes to convey design concepts in lieu of accurate graphics, approximations, graphical simplifications, undocumented intermediate revisions, and other devices that may affect subsequent reuse.

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

Revised per Addendum #4 dated October 31st, 2023

b. Electronic Documents containing text, graphics, metadata, or other types of data that are provided by Engineer to Contractor under the request are only for convenience of Contractor. Any conclusion or information obtained or derived from such data will be at the Contractor’s sole risk and the Contractor waives any claims against Engineer or Owner arising from use of data in Electronic Documents covered by the Request.

c. Contractor shall indemnify and hold harmless Owner and Engineer and their subconsultants from all claims, damages, losses, and expenses, including attorneys' fees and defense costs arising out of or resulting from Contractor’s use, adaptation, or distribution of any Electronic Documents provided under the Request.

d. Contractor agrees not to sell, copy, transfer, forward, give away or otherwise distribute this information (in source or modified file format) to any third party without the direct written authorization of Engineer, unless such distribution is specifically identified in the Request and is limited to Contractor’s subcontractors.

Contractor warrants that subsequent use by Contractor’s subcontractors complies with all terms of the Contract Documents and Owner’s response to Request.

3. In the event that Owner elects to provide or directs the Engineer to provide to Contractor any Contractor–requested Electronic Document versions of Project information that is not explicitly identified in the Contract Documents as being available to Contractor, the Owner shall be reimbursed by Contractor on an hourly basis (at $150 per hour) for any engineering costs necessary to create or otherwise prepare the data in a manner deemed appropriate by Engineer.

ARTICLE 3—OMITTED

ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK

4.05 Delays in Contractor’s Progress

SC–4.05 Amend Paragraph 4.05.C by adding the following subparagraphs:

5. Weather–Related Delays

a. If “abnormal weather conditions” as set forth in Paragraph 4.05.C.2 of the General Conditions are the basis for a request for an equitable adjustment in the Contract Times, such request must be documented by data substantiating each of the following: 1) that weather conditions were abnormal for the period of time in which the delay occurred, 2) that such weather conditions could not have been reasonably anticipated, and 3) that such weather conditions had an adverse effect on the Work as scheduled.

b. The existence of abnormal weather conditions will be determined on a month–by– month basis in accordance with the following:

1) Every workday on which one or more of the following conditions exist will be considered a “bad weather day”:

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

Revised per Addendum #4 dated October 31st, 2023

i) Total precipitation (as rain equivalent) occurring between 7:00 p.m. on the preceding day (regardless of whether such preceding day is a workday) through 7:00 p.m. on the workday in question equals or exceeds 0.5 inches of precipitation (as rain equivalent, based on the snow/rain conversion indicated in the table entitled Foreseeable Bad Weather Days; such table is hereby incorporated in this SC–4.05.C by reference.

ii) OMITTED

2) Determination of actual bad weather days during performance of the Work will be based on the weather records measured and recorded by National Oceanic and Atmospheric Administration (NOAA) weather monitoring station at The Savannah/Hilton Head Airport.

3) Contractor shall anticipate the number of foreseeable bad weather days per month indicated in the table in Exhibit B—Foreseeable Bad Weather Days.

4) In each month, every bad weather day exceeding the number of foreseeable bad weather days established in the table in Exhibit B—Foreseeable Bad Weather Days will be considered as “abnormal weather conditions.” The existence of abnormal weather conditions will not relieve Contractor of the obligation to demonstrate and document that delays caused by abnormal weather are specific to the planned work activities or that such activities thus delayed were on Contractor’s then–current Progress Schedule’s critical path for the Project. At the end of each month the contractor shall submit to the Owner’s Representative and Engineer documentation of the total abnormal weather days along with data/documentation to substantiate precipitation (e.g. rain gauge data, etc.) as well as an updated Project schedule showing impact, if any to the Project’s critical path. Contractor shall also be responsible for including in the monthly schedule submittal how the Project’s schedule and critical path has been improved during month’s where the number of abnormal weather days are less than those presented in the Exhibit B. Only the documented and substantiated net effect of increase/decrease in total abnormal weather days to the Project’s critical path over the entire construction process shall be considered in potential Contract Time adjustment.

ARTICLE 5—SITE, SUBSURFACE AND PHYSICAL CONDITIONS, HAZARDOUS ENVIRONMENTAL

CONDITIONS

5.03 Subsurface and Physical Conditions

SC–5.03 Add the following new paragraphs immediately after Paragraph 5.03.D:

E. The following table lists the reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data, and specifically identifies the Technical Data in the report upon which Contractor may rely:

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

Revised per Addendum #4 dated October 31st, 2023

Report Title Date of Report Technical Data

Bryan-Bulloch County Regional Water Supply & Transmission Main

11/16/2022

Report represents findings of subsurface exploration and provides geotechnical recommendations concerning earthwork and the design and construction of foundations and floor slabs for the proposed project.

The scope of this report covers a portion of this project.

Bryan-Bulloch County Water Transmission Main

06/23/2023

Report represents findings of subsurface exploration and provides geotechnical recommendations concerning earthwork and the design and construction of foundations and floor slabs for the proposed project.

The scope of this report covers a portion of this project.

F. The following table lists the drawings of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data, and specifically identifies the Technical Data upon which Contractor may rely:

Drawings Title Date of Drawings Technical Data

None N/A N/A

G. Contractor may examine copies of reports and drawings identified in SC–5.03.E and SC– 5.03.F that were not included with the Bidding Documents at Bryan County Engineering Office, 66 Captain Matthew Freeman Drive, Richmond Hill, Georgia 31324 or the office of Thomas & Hutton, 50 Park of Commerce Way, Savannah, Georgia 31405, during regular business hours, or may request copies from Engineer.

5.06 Hazardous Environmental Conditions

SC–5.06 Add the following new paragraphs immediately after Paragraph 5.06.A.3:

4. The following table lists the reports known to Owner relating to Hazardous Environmental Conditions at or adjacent to the Site, and the Technical Data (if any) upon which Contractor may rely:

Report Title Date of Report Technical Data

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

Revised per Addendum #4 dated October 31st, 2023

5. The following table lists the drawings known to Owner relating to Hazardous Environmental Conditions at or adjacent to the Site, and Technical Data (if any) contained in such Drawings upon which Contractor may rely:

Drawings Title Date of Drawings Technical Data

ARTICLE 6—BONDS AND INSURANCE

6.01 Performance, Payment, and Other Bonds

SC–6.01 Add the following paragraphs immediately after Paragraph 6.01.A:

1. Required Performance Bond Form: The performance bond that Contractor furnishes will be in the form of EJCDC® C–610, Performance Bond (2018 edition).

2. Required Payment Bond Form: The payment bond that Contractor furnishes will be in the form of EJCDC® C–615, Payment Bond (2018 edition).

SC–6.01 Add the following paragraphs immediately after Paragraph 6.01.B:

1. The correction period specified as one year after the date of Substantial Completion in Paragraph 15.08.A of the General Conditions is hereby revised to be 2 years after Substantial Completion.

2. After Substantial Completion, Contractor shall furnish a warranty bond issued in the form of EJCDC® C–612, Warranty Bond (2018). The warranty bond must be in a bond amount of 10 percent of the final Contract Price. The warranty bond period will extend to a date 3 years after Substantial Completion of the Work. Contractor shall deliver the fully executed warranty bond to Owner prior to or with the final application for payment, and in any event no later than 11 months after Substantial Completion.

3. The warranty bond must be issued by the same surety that issues the performance bond required under Paragraph 6.01.A of the General Conditions.

6.02 Insurance—General Provisions

SC–6.02 Add the following paragraph immediately after Paragraph 6.02.B:

1. Contractor may obtain worker’s compensation insurance from an insurance company that has not been rated by A.M. Best, provided that such company (a) is domiciled in the state in which the Project is located, (b) is certified or authorized as a worker’s compensation insurance provider by the appropriate state agency, and (c) has been accepted to provide worker’s compensation insurance for similar projects by the state within the last 12 months.

6.03 Contractor’s Insurance

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

Revised per Addendum #4 dated October 31st, 2023

SC–6.03 Supplement Paragraph 6.03 with the following provisions after Paragraph 6.03.C:

D. OMITTED

E. Workers’ Compensation and Employer’s Liability: Contractor shall purchase and maintain workers’ compensation and employer’s liability insurance, including, as applicable, United States Longshoreman and Harbor Workers’ Compensation Act, Jones Act, stop–gap employer’s liability coverage for monopolistic states, and foreign voluntary workers’ compensation (from available sources, notwithstanding the jurisdictional requirement of Paragraph 6.02.B of the General Conditions).

Workers’ Compensation and Related Policies Policy limits of not less than:

Workers’ Compensation

State Statutory

Applicable Federal (e.g., Longshoreman’s) Statutory

Foreign voluntary workers’ compensation (employer’s responsibility coverage), if applicable

Statutory

Employer’s Liability

Each accident $ 1,000,000

Each employee $ 1,000,000

Policy limit $ 2,000,000

F. Commercial General Liability—Claims Covered: Contractor shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Contractor, on an occurrence basis, against claims for:

1. damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees,

2. damages insured by reasonably available personal injury liability coverage, and

3. damages because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom.

G. Commercial General Liability—Form and Content: Contractor’s commercial liability policy must be written on a 1996 (or later) Insurance Services Organization, Inc. (ISO) commercial general liability form (occurrence form) and include the following coverages and endorsements:

1. Products and completed operations coverage.

a. Such insurance must be maintained for three years after final payment.

b. Contractor shall furnish Owner and each other additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract) evidence of continuation of such insurance at final payment and three years thereafter.

2. Blanket contractual liability coverage, including but not limited to coverage of Contractor’s contractual indemnity obligations in Paragraph 7.18.

3. Severability of interests and no insured–versus–insured or cross–liability exclusions.

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

Revised per Addendum #4 dated October 31st, 2023

4. Underground, explosion, and collapse coverage.

5. Personal injury coverage.

6. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together). If Contractor demonstrates to Owner that the specified ISO endorsements are not commercially available, then Contractor may satisfy this requirement by providing equivalent endorsements.

7. For design professional additional insureds, ISO Endorsement CG 20 32 07 04 “Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named Insured” or its equivalent.

H. Commercial General Liability—Excluded Content: The commercial general liability insurance policy, including its coverages, endorsements, and incorporated provisions, must not include any of the following:

1. Any modification of the standard definition of “insured contract” (except to delete the railroad protective liability exclusion if Contractor is required to indemnify a railroad or others with respect to Work within 50 feet of railroad property).

2. Any exclusion for water intrusion or water damage.

3. Any provisions resulting in the erosion of insurance limits by defense costs other than those already incorporated in ISO form CG 00 01.

4. Any exclusion of coverage relating to earth subsidence or movement.

5. Any exclusion for the insured’s vicarious liability, strict liability, or statutory liability (other than worker’s compensation).

6. Any limitation or exclusion based on the nature of Contractor’s work.

7. Any professional liability exclusion broader in effect than the most recent edition of ISO form CG 22 79.

I. Commercial General Liability—Minimum Policy Limits

Commercial General Liability Policy limits of not less than:

General Aggregate $ 2,000,000

Products—Completed Operations Aggregate $ 1,000,000

Personal and Advertising Injury $ 1,000,000

Bodily Injury and Property Damage—Each Occurrence $ 2,000,000

J. Automobile Liability: Contractor shall purchase and maintain automobile liability insurance for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy must be written on an occurrence basis.

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

Revised per Addendum #4 dated October 31st, 2023

Automobile Liability Policy limits of not less than:

Bodily Injury

Each Person $ 1,000,000

Each Accident $ 2,000,000

Property Damage

Each Accident $ 1,000,000

[or]

Combined Single Limit

Combined Single Limit (Bodily Injury and Property Damage) $ 2,000,000

K. Umbrella or Excess Liability: Contractor shall purchase and maintain umbrella or excess liability insurance written over the underlying employer’s liability, commercial general liability, and automobile liability insurance described in the Paragraphs above. The coverage afforded must be at least as broad as that of each and every one of the underlying policies.

Excess or Umbrella Liability Policy limits of not less than:

Each Occurrence $ 10,000,000

General Aggregate $ 10,000,000

L. Using Umbrella or Excess Liability Insurance to Meet Other Policy Limit Requirements:

Contractor may meet the policy limits specified for employer’s liability, commercial general liability, and automobile liability through the primary policies alone, or through combinations of the primary insurance policy’s policy limits and partial attribution of the policy limits of an umbrella or excess liability policy that is at least as broad in coverage as that of the underlying policy, as specified herein. If such umbrella or excess liability policy was required under this Contract, at a specified minimum policy limit, such umbrella or excess policy must retain a minimum limit of $ 5,000,000 after accounting for partial attribution of its limits to underlying policies, as allowed above.

M. Contractor’s Pollution Liability Insurance: Contractor shall purchase and maintain a policy covering third–party injury and property damage, including cleanup costs, as a result of pollution conditions arising from Contractor’s operations and completed operations. This insurance must be maintained for no less than three years after final completion.

Contractor’s Pollution Liability Policy limits of not less than:

Each Occurrence/Claim $ 1,000,000

General Aggregate $ 1,000,000

N. Contractor’s Professional Liability Insurance: If Contractor will provide or furnish professional services under this Contract, through a delegation of professional design services or otherwise, then Contractor shall be responsible for purchasing and maintaining applicable professional liability insurance. This insurance must cover negligent acts, errors, or omissions in the performance of professional design or related services by the insured or others for whom the insured is legally liable. The insurance must be maintained throughout the

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

Revised per Addendum #4 dated October 31st, 2023 duration of the Contract and for a minimum of two years after Substantial Completion. The retroactive date on the policy must pre–date the commencement of furnishing services on the Project.

Contractor’s Professional Liability Policy limits of not less than:

Each Claim $ 500,000

Annual Aggregate $ 1,000,000

O. OMITTED

P. Unmanned Aerial Vehicle Liability Insurance: If Contractor uses unmanned aerial vehicles (UAV—commonly referred to as drones) at the Site or in support of any aspect of the Work, Contractor shall obtain UAV liability insurance in the amounts stated; name Owner, Engineer, and all individuals and entities identified in the Supplementary Conditions as additional insureds; and provide a certificate to Owner confirming Contractor’s compliance with this requirement. Such insurance will provide coverage for property damage, bodily injury or death, and invasion of privacy.

Unmanned Aerial Vehicle Liability Insurance Policy limits of not less than:

Each Claim $ 2,000,000

General Aggregate $ 2,000,000

6.04 Builder’s Risk and Other Property Insurance

SC–6.04 Supplement Paragraph 6.04 of the General Conditions with the following provisions:

F. Builder’s Risk Requirements: The builder’s risk insurance must:

1. be written on a builder’s risk “all risk” policy form that at a minimum includes insurance for physical loss or damage to the Work, temporary buildings, falsework, and materials and equipment stored and in transit, and must not exclude the coverage of the following risks: fire; windstorm; hail; flood; earthquake, volcanic activity, and other earth movement; lightning; riot; civil commotion; terrorism; vehicle impact; aircraft; smoke;

theft; vandalism and malicious mischief; mechanical breakdown, boiler explosion, and artificially generated electric current; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; and water damage (other than that caused by flood).

a. Such policy will include an exception that results in coverage for ensuing losses from physical damage or loss with respect to any defective workmanship, methods, design, or materials exclusions.

b. If insurance against mechanical breakdown, boiler explosion, and artificially generated electric current; earthquake, volcanic activity, and other earth movement; or flood, are not commercially available under builder’s risk policies, Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Revised per Addendum #4 dated October 31st, 2023 by endorsement or otherwise, such insurance will be provided through other insurance policies acceptable to Owner and Contractor.

2. cover, as insured property, at least the following: (a) the Work and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into or used in the preparation, fabrication, construction, erection, or completion of the Work, including Owner–furnished or assigned property; (b) spare parts inventory required within the scope of the Contract;

and (c) temporary works which are not intended to form part of the permanent constructed Work but which are intended to provide working access to the Site, or to the Work under construction, or which are intended to provide temporary support for the Work under construction, including scaffolding, form work, fences, shoring, falsework, and temporary structures.

3. cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of contractors, engineers, and architects).

4. extend to cover damage or loss to insured property while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier). If this coverage is subject to a sublimit, such sublimit will be a minimum of $10,000,000.00.

5. extend to cover damage or loss to insured property while in transit. If this coverage is subject to a sublimit, such sublimit will be a minimum of $1,000,000.00.

6. allow for the waiver of the insurer’s subrogation rights, as set forth in this Contract.

7. allow for partial occupancy or use by Owner by endorsement, and without cancellation or lapse of coverage.

8. include performance/hot testing and start–up, if applicable.

9. be maintained in effect until the Work is complete, as set forth in Paragraph 15.06.D of the General Conditions, or until written confirmation of Owner’s procurement of property insurance following Substantial Completion, whichever occurs first.

10. include as named insureds the Owner, Contractor, Subcontractors (of every tier), and any other individuals or entities required by this Contract to be insured under such builder’s risk policy. For purposes of Paragraphs 6.04, 6.05, and 6.06 of the General Conditions, and this and all other corresponding Supplementary Conditions, the parties required to be insured will be referred to collectively as “insureds.” In addition to Owner, Contractor, and Subcontractors of every tier, include as insureds the following:

11. OMITTED

12. OMITTED

13. OMITTED

SC–6.04 Supplement Paragraph 6.04 of the General Conditions with the following provisions:

H. Builder’s Risk and Other Property Insurance Deductibles: The Contractor will be solely responsible for all policy deductible costs.

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

Revised per Addendum #4 dated October 31st, 2023

ARTICLE 7—OMITTED

ARTICLE 8—OMITTED

ARTICLE 9—OMITTED

ARTICLE 10—ENGINEER’S STATUS DURING CONSTRUCTION

SC–10.03 Add the following new paragraphs immediately after Paragraph 10.03.B:

C. The Resident Project Representative (RPR) will be Engineer's representative at the Site. RPR's dealings in matters pertaining to the Work in general will be with Engineer and Contractor.

RPR's dealings with Subcontractors will only be through or with the full knowledge or approval of Contractor. The RPR will:

1. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences, and other Project–related meetings (but not including Contractor’s safety meetings), and as appropriate prepare and circulate copies of minutes thereof.

2. Safety Compliance: Comply with Site safety programs, as they apply to RPR, and if required to do so by such safety programs, receive safety training specifically related to RPR’s own personal safety while at the Site.

3. Liaison

a. Serve as Engineer’s liaison with Contractor. Working principally through Contractor’s authorized representative or designee, assist in providing information regarding the provisions and intent of the Contract Documents.

b. Assist Engineer in serving as Owner’s liaison with Contractor when Contractor’s operations affect Owner’s on–Site operations.

c. Assist in obtaining from Owner additional details or information, when required for Contractor’s proper execution of the Work.

4. Review of Work; Defective Work

a. Conduct on–Site observations of the Work to assist Engineer in determining, to the extent set forth in Paragraph 10.02, if the Work is in general proceeding in accordance with the Contract Documents.

b. Observe whether any Work in place appears to be defective.

c. Observe whether any Work in place should be uncovered for observation, or requires special testing, inspection or approval.

5. Inspections and Tests

a. Observe Contractor–arranged inspections required by Laws and Regulations, including but not limited to those performed by public or other agencies having jurisdiction over the Work.

b. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Work.

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

Revised per Addendum #4 dated October 31st, 2023

6. Payment Requests: Review Applications for Payment with Contractor.

7. Completion

a. Participate in Engineer’s visits regarding Substantial Completion.

b. Assist in the preparation of a punch list of items to be completed or corrected.

c. Participate in Engineer’s visit to the Site in the company of Owner and Contractor regarding completion of the Work, and prepare a final punch list of items to be completed or corrected by Contractor.

d. Observe whether items on the final punch list have been completed or corrected.

D. The RPR will not:

1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or–equal” items).

2. Exceed limitations of Engineer’s authority as set forth in the Contract Documents.

3. Undertake any of the responsibilities of Contractor, Subcontractors, or Suppliers.

4. Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction.

5 Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor.

6. Participate in specialized field or laboratory tests or inspections conducted off–site by others except as specifically authorized by Engineer.

7. Authorize Owner to occupy the Project in whole or in part.

ARTICLE 11—OMITTED

ARTICLE 12—COST OF WORK; ALLOWANCES, UNIT PRICE WORK

Cost of the Work

12.01 Cost of the Work

12.03 Unit Price Work

SC–13.03 Delete Paragraph 13.03.E in its entirety and insert the following in its place:

E. Adjustments in Unit Price

1. Contractor or Owner shall be entitled to an adjustment in the unit price with respect to an item of Unit Price Work if:

a. the extended price of a particular item of Unit Price Work amounts to 10 percent or more of the Contract Price (based on estimated quantities at the time of Contract formation) and the variation in the quantity of that particular…