6-Addendum No. 1 2026-RFP-008.pdf

6 SNAKE ROAD, OKATIE, SC 29909-3937

Phone 843.987.8100 | Fax 843.548.0096

Customer Service 843.987.9200 Operations & Maintenance 843.987.8046

Engineering 843.987.8065 www.bjwsa.org

Our mission: Provide quality water and wastewater services to our current and future customers in the Lowcountry

VERNA ARNETTE, GENERAL MANAGER

GREGORY A. PADGETT

CHAIR

ANDERSON M. KINGHORN, JR

VICE CHAIR

WILLIAM SINGLETON, Ed. D

SECRETARY/TREASURER

JAMES E. BAKER, JR

IMMEDIATE PAST CHAIR

JEFFERSON P. ACKERMAN, P. E.

R. THAYER RIVERS, JR

MICHAEL L. BELL

GERALD H. SCHULZE

LORRAINE W. BOND

DAVID R. STRANGE

J. ROBERT McFEE, P. E.

ADDENDUM #1 for 2026-RFP-008

CONTRACT FORMAT

DATE: 09/18/2025

PROJECT: CIP-2501 Islands of Beaufort Bridge Crossings Water and Sewer Line Replacement

Please be advised that the contract template document included in the original RFP was in error. The correct contract template is attached hereto as Attachment 1.

http://www.bjwsa.org/

{00557913.}

ATTACHMENT 1

AGREEMENT

FOR

ENGINEERING/DESIGN SERVICES FOR

BETWEEN

BEAUFORT-JASPER WATER AND SEWER AUTHORITY

AND

This Agreement is for the provision of engineering/design services for Islands of Beaufort Bridge Crossings Water and Sewer Line Replacement (“Project”) pursuant to 2026-RFP-008 and CIP- 2501 to be provided by (“Engineer”) to Beaufort-Jasper Water and Sewer Authority (“Owner”) which is entered into this day of , 2025 (“Effective Date”). The parties intend for this Agreement to govern the relationship between the parties as set forth herein. In consideration of the mutual promises contained herein, Owner and Engineer agree as follows:

Article 1 Scope of Services

1.1 Engineer shall provide engineering/design services for the Project as set forth in the Scope of Services detailed in Exhibit ___ which is attached hereto as and made part of this Agreement. .

Article 2 Compensation

2.1 Engineer shall be compensated for all services provided to the Owner in accordance with the terms set forth in the fee schedule which is attached hereto as Exhibit ___ and made part of this Agreement.

2.2 Engineer shall submit invoices for services rendered on a monthly basis which invoices are due and payable within thirty (30) days of receipt by Owner.

Article 3 Term

3.1 This Agreement shall for a period of _______ (#) years from the Effective Date this Agreement. Any extension of the term of this Agreement is effective only by written amendment.

3.2 Engineer acknowledges that the services required by Owner are time-sensitive and that time is of the essence in the performance of those services.

The required schedule for the performance of the services is set forth in Exhibit ___.

Article 4 Owner Responsibilities

4.1 Upon execution of this Agreement Owner shall designate in writing a person who will act as Owner’s representative with authority to receive information and requests from Engineer. This designated person shall also have authority to provide instruction and clarification to Engineer as required through the Request for Information (RFI) process.

4.2 Owner shall make available to Engineer any pre-existing reports, studies or other information regarding the project which are reasonably available to the Owner and which relate to the services to be provided by the Engineer.

4.3 Owner shall provide all project criteria and information regarding Owner’s requirements for the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. Owner shall also provide copies of any design or construction standards which are required for the work performed by Engineer.

4.4. Owner shall be responsible for obtaining all approvals and permits from governmental authorities having jurisdiction over the work, with reasonable assistance from Engineer as required to obtain such approvals or permits.

Article 5 Standard of Care

5.1 Engineer warrants that all services provided under this Agreement shall be performed with the standard of care exercised by competent and prudent engineers ordinarily practicing in the specific field within the state of South Carolina.

Article 6 Engineer Responsibilities

6.1 Engineer shall be responsible for exercising the standard of care set forth above in performing all services under this Agreement.

6.2 Engineer shall complete all services required under this Agreement in a timely manner and in accordance with all specific time requirements set forth by Owner.

6.3 Engineer shall assist Owner, at Owner’s request, with services necessary to obtain approval and permits from governmental authorities having jurisdiction over the project.

6.4 If Construction Administration services are required, Engineer shall visit the project site at intervals sufficient to be familiar with the progress and quality of the work being performed which shall be, at a minimum, two

(2) times per month with such visits increased on a case-by-case basis dependent on the complexity of the project and as specified in the Scope of Services.

Article 7 Ownership of Plans

7.1 Owner acknowledges that any plans or drawings produced by Engineer are instruments of service for use on this specific Project. Engineer retains ownership of all such plans and drawings but does hereby grant to Owner an unlimited license to use all such plans and drawings on this Project.

Article 8 Insurance

8.1 Engineer shall procure and maintain during the life of this contract, whether such operation be by itself or by a subcontractor or anyone directly or indirectly employed by either of them, such insurance as required by statute and/or ordinance to adequately protect BJWSA from any claims or damages, including bodily injury or death, which may arise from them during operations of this contract.

8.2 Limits of Liability: Insurance shall be maintained for not less than:

Coverage

Limits Not Less Than

Commercial General Liability Products/Completed Operation

$1,000,000*

Automobile Liability $1,000,000* Workers’ Compensation $500,000 Employers Liability 500/500/500* Waiver of Subrogation on WC Required if available Umbrella /Liability N/A Professional Liability $1,000,000*

* - Additional Limits may be requested depending on size of the project.

8.3 Certificates of Insurance: The Contractor shall furnish to BJWSA, certificates showing the type, amount, class of operations covered, effective dates and expiration dates of all policies.

BJWSA, its officers, officials, agents and employees shall be named as Additional Insureds on every required policy of insurance (except Workers' Compensation and Professional Liability) and shall provide the Owner with a copy of the necessary Certificate of Insurance which reflects the designation of BJWSA, its officers, officials, agents and employees as an Additional Insured under the policy.

Contractor shall also provide, upon request, a copy of the Declarations Page of the applicable policy also noting BJWSA, its officers, officials, agents and employees as Additional Insureds under the policy.

This Additional Insured coverage shall be primary and noncontributory over Owners own policies of insurance and shall include both ongoing and completed operations coverage for a period of Eight (8) years beyond substantial completion.

8.4 No services shall be provided by Engineer and no payment shall be due from Owner to Engineer for services rendered pursuant to this Agreement until Engineer has provided Owner a Certificate of Insurance indicating that the insurance coverages required in this Agreement are in full force and effect. Engineer is required to provide a new Certificate of Insurance on at least an annual basis, or more frequently as requested by Owner.

Article 9 Indemnity

9.1 Engineer agrees to defend, indemnify and hold harmless the Owner from any losses, damages, liabilities or expenses, including attorney’s fees resulting from or arising out of the negligence or willful misconduct of the Engineer provided that any such claims, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting there from; and is caused in whole or in part by any negligent or willful act of omission of the Engineer and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.

Article 10 Termination

10.1 Engineer may terminate this Agreement for cause in the event of a material breach by the Owner including the repeated and persistent failure of Owner to pay undisputed invoices in a timely manner.

10.2 Owner may terminate this Agreement for cause in the event that Engineer fails to properly perform its services, fails to perform its services in a timely manner or in accordance with the schedule agreed to by the parties, or commits significant or repeated errors in its’ work product.

10.3 Owner may terminate this Agreement for convenience, without any cause, upon thirty (30) days’ written notice to Engineer.

10.4 Upon termination of this Agreement for cause, Owner shall have no obligation to pay Engineer any additional compensation until such time as all engineering services required of Engineer have been properly performed.

If those services are provided by a third party, then the cost paid by Owner for those services shall be deducted from any remaining balance due to Engineer under a lump sum contract or shall be equitably set off against any balance due under a time and materials agreement and any balance remaining shall then be paid to Engineer.

10.5 In the event of termination by the Owner for convenience, Owner shall make payment to Engineer for all undisputed amounts due within forty-five

(45) days of the date of notice of the termination.

Article 11 Dispute Resolution

11.1 The parties shall attempt to resolve any dispute involving this Agreement by first utilizing direct negotiations between senior management from each party.

11.2 In the event that initial efforts at resolving any dispute arising under this Agreement are unsuccessful, then it shall be a condition precedent to initiating litigation that the parties shall engage in mediation with a mediator certified in the State of South Carolina, or any other person mutually agreed to by the parties. In the event that the parties are unable to agree on a mediator, either party may apply to the resident judge of the Court of Common Pleas in Beaufort County, South Carolina for the appointment of a mediator. All mediation costs and expenses shall be born equally between the parties.

11.3 In the event that any disputes remain unresolved after mediation, the parties agree that the venue for litigation shall be the Court of Common Pleas in Beaufort County, South Carolina.

Article 12 General Provisions

12.1 The nature of this Agreement is one that requires the Engineer to provide specialized professional services. There can be no assignment of the rights and obligations under this Agreement by either party without the express written consent of the other party.

12.2 Any notice required to be sent in accordance with this Agreement shall be delivered by United States Postal Service to the address provided below the signatures for each party.

12.3 This Agreement shall be interpreted in accordance with the provisions of South Carolina law.

12.4 This is the entire agreement between the parties and incorporates and supersedes all prior discussions and negotiations.

12.5 Any change to this Agreement must be in writing, signed by both parties, in order to be effective.

12.6 The relationship between Owner and Engineer shall be that of an independent contractor as defined under the laws of the State of South Carolina. Nothing in this agreement shall convert the relationship between the Owner and Engineer into an employer/employee relationship.

12.7 The Engineer and all covered subcontractors shall abide by the requirements of 29 CFR Part 741, 41 CFR § 60-1.4(a), Appendix A to Subpart A, 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or national origin.

Moreover, these regulations require that covered Engineers and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability.

IN WITNESS WHEREOF, the parties hereto do sign and seal this Agreement effective as of the date shown above.

(OWNER)

BEAUFORT-JASPER WATER AND

SEWER AUTHORITY

ATTEST: By:

(Printed Name)

Title:

Address: Beaufort-Jasper Water and Sewer Authority 6 Snake Road Okatie, South Carolina 29909

(ENGINEER)

ATTEST: By:

(Printed Name)

Title:

Address: