C800 Supplementary Conditions 2018 rev1 (2).pdf

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.

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SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1— Definitions and Terminology

Article 2— Preliminary Matters

Article 3— Contract Documents: Intent, Requirements, Reuse

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

Article 8— Other Work at the Site

Article 9— Owner’s Responsibilities

Article 10— Engineer’s Status During Construction

Article 11— Changes to the Contract

Article 12— Claims

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

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

Article 15— Payments to Contractor, Set Offs; Completions; Correction Period

Article 16— Suspension of Work and Termination

Article 17— Final Resolutions of Disputes

Article 18— Miscellaneous

Exhibit A— Software Requirements for Electronic Document Exchange

Exhibit B— Foreseeable Bad Weather Days

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

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

SC-1.01 Amend General Conditions 1.01.A definition 22 by adding the following language at the end of the sentence “as deemed by Owner as Owner’s Representative or Designee”.

ARTICLE 2—PRELIMINARY MATTERS

2.01 Delivery of Bonds and Evidence of Insurance

SC-2.01 Amend the first sentence of Paragraph 2.01.A, by striking out the following language:

A. “When Contractor delivers the signed counterparts of the Agreement to Owner,”

B. Amend the first sentence of Paragraph 2.01.B, by striking out the following language:

“When Contractor delivers the signed counterparts of the Agreement to Owner,

2.02 Copies of Documents

SC-2.02 Amend the first sentence of Paragraph 2.02.A. to read as follows:

C. Owner shall furnish to Contractor one electronic copy of the Contract. Owner will furnish a fully executed counterpart of the agreement via DocuSign process. Four (4) hard copies of the Project Plans and Specifications will be brought to the pre-construction meeting by the Contractor, one for the owner Project Manager, one for the Engineer, and two for the Contractor. Other Contract Documents may be downloaded from the Project Site.

2.03 Before Starting Construction

SC-2.03 Amend the first sentence of Paragraph 2.03.A. by striking through “Effective Date of the Contract” and replace with the following:

“Notice of Award”

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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.

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1) The maximum size of an email attachment for exchange of Electronic Documents under this EDP is 100_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

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

h. The Owner, Engineer and Contractor shall jointly develop protocols for the exchange and storage of Project related communications and information.

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.

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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 $175 per hour) for any engineering costs necessary to create or otherwise prepare the data in a manner deemed appropriate by Engineer.

ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE

3.01 Intent

SC-3.01 Delete Paragraph 3.01.C in its entirety.

ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK

4.01 Commencement of Contract Times: Notice to Proceed

SC-4.01 Amend the first sentence of Paragraph 4.01.A by striking out the following words:

“on the 30th day after the Effective Date of the Contract or, if a Notice to Proceed is given” and modify the 4th sentence of Paragraph 4.01.A. by striking out the following words:

“60th” and replace with “120th” day.

4.04 Progress Schedule

SC-4.04 Add the following new paragraph immediately after Paragraph 4.04.B.

C. The Contractor shall submit to the City on a weekly basis a Schedule of Work to be performed for the next two (2) weeks. The Schedule of Work must be delivered to the City each Thursday no later than 12:00 noon. The Contractor’s Schedule of Work shall be prepared in such form, with such detail, and supported by such data as the City may require. The City reserves the right to prohibit Work on any section of the Project not included in the weekly Schedule of

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Work. The Schedule of Work must accurately represent the intended Work and cannot be vague or broad, such as listing all Work in the Contract. The violation of this provision by that Contractor shall constitute a material breach of this Contract. THE PARTIES SPECIFICALLY

AGREE THAT ANY FLOAT CONTAINED IN THE SCHEDULES SHALL BELONG TO THE PROJECT

AND IN NO EVENT SHALL THE CONTRACTOR MAKE CLAIM FOR ANY ALLEGED DELAY,

ACCELERATION, OR EARLY COMPLETION SO LONG AS THE PROJECT IS COMPLETED WITHIN

THE CONTRACT TIME. Strict compliance with the requirements of this Paragraph is a condition precedent for payment to the Contractor, and failure by the Contractor to strictly comply with said requirements shall constitute a material breach of this Contract.

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”:

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 0.1” 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) Ambient outdoor air temperature at 11:00 a.m. is equal to or less than the following low temperature threshold: 32°F degrees Fahrenheit; or, at 3:00 p.m. the ambient outdoor temperature is equal to or greater than the following high temperature threshold: 95°F degrees Fahrenheit.

2) Determination of actual bad weather days during performance of the Work will be based on the weather records measured and recorded by USGS monitoring gauge #02335790 weather monitoring station at Willeo Creek at GA 120, Near Roswell, GA.

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

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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.

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

CONDITIONS

5.02 Use of Site and Other Areas

SC-5.02 Amend the sixth sentence of Paragraph 5.02.A.2 by striking out the following words:

“or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or in a court of competent jurisdiction; ”

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:

Report Title Date of Report Technical Data

NONE

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

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 the City’s Designated Website where bid documents are posted during regular business hours, or may request copies from Engineer.

5.06 Hazardous Environmental Conditions

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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

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

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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 (2010, 2013, or 2018 edition).

2. Required Payment Bond Form: The payment bond that Contractor furnishes will be in the form of EJCDC® C-615, Payment Bond (2010, 2013, or 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 Final 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 15 percent of the final Contract Price. The warranty bond period will extend to a date 2 years after Final 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

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****** OPTION 1 ******

STANDARD INSURANCE GUIDELINES

(For projects less than $1,000,000)

1. Statutory Workers' Compensation Insurance

(a) Employers Liability:

✓ Bodily Injury by Accident - $100,000 each accident

✓ Bodily Injury by Disease - $500,000 policy limit

✓ Bodily Injury by Disease - $100,000 each employee

2. Commercial General Liability Insurance

(a) $500,000 limit of liability per occurrence for bodily injury and property damage

(b) The following additional coverage must apply:

✓ 1986 (or later) ISO Commercial General Liability Form

✓ Dedicated Limits per Project Site or Location (CG 25 03 or CG 25 04)

✓ Additional Insured Endorsement (Form B CG 20 10 with a modification for completed operations or a separate endorsement covering Completed Operations)

✓ Blanket Contractual Liability

✓ Broad Form Property Damage

✓ Severability of Interest

✓ Underground, explosion, and collapse coverage

✓ Personal Injury (deleting both contractual and employee exclusions)

✓ Incidental Medical Malpractice

✓ Hostile Fire Pollution Wording

3. Auto Liability Insurance

(b) Comprehensive form covering all owned, non-owned, leased, hired, and borrowed vehicles

(c) Additional Insured Endorsement

(d) Contractual Liability

4. Umbrella Liability Insurance - $1,000,000 limit of liability

(a) The following additional coverage must apply

✓ Additional Insured Endorsement

✓ Concurrency of Effective Dates with Primary

✓ Blanket Contractual Liability

✓ Drop Down Feature

✓ Care, Custody, and Control - Follow Form Primary

✓ Aggregates: Apply Where Applicable in Primary

✓ Umbrella Policy must be as broad as the primary policy

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5. Environmental Liability Insurance- $1,000,000 [if applicable]

6. City of Roswell should be shown as an additional insured on General Liability, Auto Liability and

Umbrella Liability policies.

7. The cancellation should provide 10 days notice for nonpayment and 30 days notice of cancellation.

8. Certificate Holder should read:

City of Roswell

38 Hill Street

Roswell, GA 30075

9. Insurance Company, except Worker' Compensation carrier, must have an A.M. Best Rating of A-5 or higher.

Certain Workers' Comp funds may be acceptable by the approval of the Insurance Unit. European markets including those based in London and domestic surplus lines markets that operate on a non-admitted basis are exempt from this requirement provided that the contractor’s broker/agent can provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the A.M. Best’s rating of

A-5 or better.

10. Insurance Company must be licensed to do business by the Georgia Department of Insurance.

11. Certificates of Insurance, and any subsequent renewals, must reference specific bid/contract by project name and project/bid number.

12. The Contractor shall agree to provide complete certified copies of current insurance policy (ies) or a certified letter from the insurance company (ies) if requested by the City to verify the compliance with these insurance requirements.

13 All insurance coverages required to be provided by the Contractor will be primary over any insurance program carried by the City.

14. Contractor shall incorporate a copy of the insurance requirements as herein provided in each and every subcontract with each and every Subcontractor in any tier, and shall require each and every Subcontractor of any tier to comply with all such requirements. Contractor agrees that if for any reason Subcontractor fails to procure and maintain insurance as required, all such required Insurance shall be procured and maintained by

Contractor at Contractor's expense.

15. No Contractor or Subcontractor shall commence any work of any kind under this Contract until all insurance requirements contained in this Contract have been complied with and until evidence of such compliance satisfactory to City as to form and content has been filed with City. The Acord Certificate of Insurance or a preapproved substitute is the required form in all cases where reference is made to a Certificate of

Insurance or an approved substitute.

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16. The Contractor shall agree to waive all rights of subrogation against the City, the City Council, its officers, officials, employees, and volunteers from losses arising from work performed by the contractor for the City.

17. Special Form Contractors’ Equipment and Contents Insurance covering owned, used, and leased equipment, tools, supplies, and contents required to perform the services called for in the Contract. The coverage must be on a replacement cost basis. The City will be included as a Loss Payee in this coverage for City owned equipment, tools, supplies, and contents.

18. The Contractor shall make available to the City, through its records or records of their insurer, information regarding a specific claim related to any City project. Any loss run information available from the contractor or their insurer relating to a City project will be made available to the City upon their request.

19. Compliance by the Contractor and all subcontractors with the foregoing requirements as to carrying insurance shall not relieve the Contractor and all Subcontractors of their liability provisions of the Contract.

The Contractor and all Subcontractors are to comply with the Occupational Safety and Health Act of 1970, Public Law 91-956, and any other laws that may apply to this Contract.

Cyber Liability Insurance [Applicable to data information and security sensitive technology projects]

(a) $3,000,000 Limit for Network Security or Privacy Liability

(b) $3,000,000 Limit for Data Recovery

22. The Contractor shall at a minimum apply risk management practices accepted by the contractors’ industry.

Rev 10/2020

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****** OPTION 2 ******

(FOR PROJECTS OVER $1,000,000 BUT LESS THAN $2,000,000)

MINOR CONSTRUCTION INSURANCE GUIDELINES

(For projects over $1,000,000 but less than $2,000,000)

Construction projects that are over $1,000,000 but less than $2,000,000 but involve vicarious or inherently dangerous activities, i.e. blasting, applying toxic chemicals, etc., may be evaluated using the major construction insurance requirements.

✓ Bodily Injury by Accident - $100,000 each accident

(a) $1,000,000 limit of liability per occurrence for bodily injury and property damage

(b) The following additional coverage must apply:

✓ 1986 (or later) ISO Commercial General Liability Form

✓ Dedicated Limits per Project Site or Location (CG 25 03 or CG 25 04)

✓ Additional Insured Endorsement (Form B CG 20 10 with a modification for completed operations or a separate endorsement covering Completed Operations)

✓ Blanket Contractual Liability

✓ Broad Form Property Damage

✓ Severability of Interest

✓ Underground, explosion, and collapse coverage

✓ Personal Injury (deleting both contractual and employee exclusions)

(b) Comprehensive form covering all owned, non-owned, leased, hired, and borrowed vehicles

4. Umbrella Liability Insurance - $1,000,000 limit of liability

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(a) The following additional coverage must apply

✓ Additional Insured Endorsement

✓ Concurrency of Effective Dates with Primary

✓ Blanket Contractual Liability

✓ Drop Down Feature

✓ Care, Custody, and Control - Follow Form Primary

5. Builder's Risk Insurance or Installation Floater Insurance required on all new structures, bridges, overpasses, culverts and railroad crossings - limit at least as broad as contract amount

6. City of Roswell should be shown as an additional insured on General Liability, Auto Liability and Umbrella Liability policies.

9. Insurance Company, except Worker' Compensation carrier, must have an A.M. Best Rating of A-5 or higher.

Certain Workers' Comp funds may be acceptable by the approval of the Insurance Unit. European markets including those based in London and domestic surplus lines markets that operate on a non-admitted basis are exempt from this requirement provided that the contractor’s broker/agent can provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the A.M. Best’s rating of A-5 or better.

11. Certificates of Insurance, and any subsequent renewals, must reference specific bid/contract by project name and project/bid number.

12. The Contractor shall agree to provide complete certified copies of current insurance policy (ies) or a certified letter from the insurance company (ies) if requested by the City to verify the compliance with these

13. All insurance coverage required to be provided by the Contractor will be primary over any insurance

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14. Contractor shall incorporate a copy of the insurance requirements as herein provided in each and every subcontract with each and every Subcontractor in any tier, and shall require each and every Subcontractor of any tier to comply with all such requirements. Contractor agrees that if for any reason Subcontractor fails to procure and maintain insurance as required, all such required Insurance shall be procured and maintained by Contractor at Contractor's expense.

15. No Contractor or Subcontractor shall commence any work of any kind under this Contract until all insurance requirements contained in this Contract have been complied with and until evidence of such compliance satisfactory to City as to form and content has been filed with City. The Acord Certificate of Insurance or a preapproved substitute is the required form in all cases where reference is made to a Certificate of

16. The Contractor shall agree to waive all rights of subrogation against the City, the City Council, its officers, officials, employees, and volunteers from losses arising from work performed by the contractor for the City.

17. Special Form Contractors’ Equipment and Contents Insurance covering owned, used, and leased equipment, tools, supplies, and contents required to perform the services called for in the Contract. The coverage must be on a replacement cost basis. The City will be included as a Loss Payee in this coverage for City owned equipment, tools, supplies, and contents.

18. The Contractor shall make available to the City, through its records or records of their insurer, information regarding a specific claim related to any City project. Any loss run information available from the contractor

19. Compliance by the Contractor and all subcontractors with the foregoing requirements as to carrying insurance shall not relieve the Contractor and all Subcontractors of their liability provisions of the Contract.

20. The Contractor and all Subcontractors are to comply with the Occupational Safety and Health Act of 1970,

21. The Contractor shall at a minimum apply risk management practices accepted by the contractors’ industry.

Surety Bonds (If Required)

All of the surety requirements will stay the same except the Surety Company must have the same rating as item 9 above.

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****** OPTION 3 ******

(FOR PROJECTS OVER $2,000,000 BUT LESS THEN $5,000,000)

MAJOR CONSTRUCTION INSURANCE GUIDELINES

(For projects more than $2,000,000 but less than $5,000,000)

✓ Bodily Injury by Accident - $100,000 each accident

(b) Separate Owner's and Contractor's Protective policy with City of Roswell as Named Insured

(c) The following additional coverages must apply:

✓ 1986 (or later) ISO Commercial General Liability Form

✓ Dedicated Limits per Project Site or Location (CG 25 03 or CG 25 04)

✓ Additional Insured Endorsement (Form B CG 20 10 with a modification for completed operations or a separate endorsement covering Completed Operations)

✓ Blanket Contractual Liability

✓ Broad Form Property Damage

✓ Severability of Interest

✓ Underground, explosion, and collapse coverage

✓ Personal Injury (deleting both contractual and employee exclusions)

(b) Comprehensive form covering all owned, non-owned, leased, hired, and borrowed vehicles

4. Umbrella Liability Insurance - Minimum $1,000,000 limit of liability

(Higher limit may be required depending on the extent of contract)

(a) The following additional coverages must apply

✓ Additional Insured Endorsement

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✓ Concurrency of Effective Dates with Primary

✓ Blanket Contractual Liability

✓ Drop Down Feature

✓ Care, Custody, and Control - Follow Form Primary

5. Builder's Risk Insurance or Installation Floater Insurance required on all new structures, bridges, overpasses, culverts and railroad crossings - limit at least as broad as contract amount

6. City of Roswell should be shown as an additional insured on General Liability, Auto Liability and Umbrella

7. The cancellation provision should provide 30 days notice of cancellation.

9. Insurance Company, except Worker' Compensation carrier, must have an A.M. Best Rating of A-6 or higher.

Certain Workers' Comp funds may be acceptable by the approval of the Insurance Unit. European markets including those based in London and domestic surplus lines markets that operate on a non-admitted basis are exempt from this requirement provided that the contractor’s broker/agent can provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the A.M. Best’s rating of A-6 or better.

11. Certificates of Insurance, and any subsequent renewals, must reference specific bid/contract by project

12. The Contractor shall agree to provide complete certified copies of current insurance policy (ies) or a certified

13. All insurance coverages required to be provided by the Contractor will be primary over any insurance

14. Contractor shall incorporate a copy of the insurance requirements as herein provided in each and every subcontract with each and every Subcontractor in any tier, and shall require each and every Subcontractor of any tier to comply with all such requirements. Contractor agrees that if for any reason Subcontractor

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

fails to procure and maintain insurance as required, all such required Insurance shall be procured and

15. No Contractor or Subcontractor shall commence any work of any kind under this Contract until all insurance requirements contained in this Contract have been complied with and until evidence of such compliance satisfactory to City as to form and content has been filed with City. The Acord Certificate of Insurance or a preapproved substitute is the required form in all cases where reference is made to a Certificate of

16. The Contractor shall agree to waive all rights of subrogation against the City, the City Council, its officers, officials, employees, and volunteers from losses arising from work performed by the contractor for the City.

equipment, tools, supplies, and contents required to perform the services called for in the Contract. The coverage must be on a replacement cost basis. The City will be included as a Loss Payee in this coverage

18. The Contractor shall make available to the City, through its records or records of their insurer, information regarding a specific claim related to any City project. Any loss run information available from the contractor

19. Compliance by the Contractor and all subcontractors with the foregoing requirements as to carrying insurance shall not relieve the Contractor and all Subcontractors of their liability provisions of the Contract.

20. The Contractor and all Subcontractors are to comply with the Occupational Safety and Health Act of 1970,

21. The Contractor shall at a minimum apply risk management practices accepted by the contractors’ industry.

All of the surety requirements will stay the same except the Surety Company must have the same rating as item 9 above.

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

PROFESSIONAL SERVICES INSURANCE GUIDELINES

(For projects less than $5,000,000)

Statutory Workers' Compensation Insurance

✓ Bodily Injury by Accident - $100,000 each accident

Commercial General Liability Insurance

(b) The following additional coverage must apply:

✓ 1986 (or later) ISO Commercial General Liability Form

✓ Dedicated Limits per Project Site or Location (CG 25 03 or CG 25 04)

✓ Additional Insured Endorsement (Form B CG 20 10 with a modification for completed operations or a separate endorsement covering Completed Operations)

✓ Blanket Contractual Liability

✓ Broad Form Property Damage

✓ Severability of Interest

✓ Underground, explosion, and collapse coverage

✓ Personal Injury (deleting both contractual and employee exclusions)

Auto Liability Insurance

(b) Comprehensive form covering all owned, nonowned, leased, hired, and borrowed vehicles

4. Professional Liability Insurance - $1,000,000 (project specific for the City project) limit of liability per claim/aggregate or a limit of $1,000,000 per occurrence and $2,000,000 aggregate.

✓ Insurance company must be authorized to do business in the State of Georgia.

✓ Dedicated Limits per Project Site or Location (CG 25 03 or CG 25 04 or some other form)

5. City of Roswell should be shown as an additional insured on General Liability and Auto Liability policies.

6. The cancellation should provide 10 days notice for nonpayment and 30 days notice of cancellation.

7. Certificate Holder should read:

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

City of Roswell

8. Insurance Company, except Worker' Compensation carrier, must have an A.M. Best Rating of A-5 or higher.

Certain Workers' Comp funds may be acceptable by the approval of the Insurance Unit. European markets including those based in London and domestic surplus lines markets that operate on a non-admitted basis are exempt from this requirement provided that the contractor’s broker/agent can provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the A.M. Best’s rating of A-5 or better.

9. Insurance Company must be licensed to do business by the Georgia Department of Insurance.

*See above note regarding Professional Liability

10. Certificates of Insurance, and any subsequent renewals, must reference specific bid/contract by project

11. The Contractor shall agree to provide complete certified copies of current insurance policy (ies) or a certified

12. All insurance coverages required to be provided by the Contractor will be primary over any insurance

13. Contractor shall incorporate a copy of the insurance requirements as herein provided in each and every subcontract with each and every Subcontractor in any tier, and shall require each and every Subcontractor of any tier to comply with all such requirements. Contractor agrees that if for any reason Subcontractor fails to procure and maintain insurance as required, all such required Insurance shall be procured and

14. No Contractor or Subcontractor shall commence any work of any kind under this Contract until all insurance requirements contained in this Contract have been complied with and until evidence of such compliance satisfactory to City as to form and content has been filed with City. The Acord Certificate of Insurance or a preapproved substitute is the required form in all cases where reference is made to a Certificate of

15. The Contractor shall agree to waive all rights of subrogation against the City, the City Council, its officers, officials, employees, and volunteers from losses arising from work performed by the contractor for the City.

16. Special Form Contractors’ Equipment and Contents Insurance covering owned, used, and leased equipment, tools, supplies, and contents required to perform the services called for in the Contract. The coverage must be on a replacement cost basis. The City will be included as a Loss Payee in this coverage

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

17. The Contractor shall make available to the City, through its records or records of their insurer, information regarding a specific claim related to any City project. Any loss run information available from the contractor

18. Compliance by the Contractor and all subcontractors with the foregoing requirements as to carrying insurance shall not relieve the Contractor and all Subcontractors of their liability provisions of the Contract.

19. The Contractor and all Subcontractors are to comply with the Occupational Safety and Health Act of 1970,

20. The Contractor shall at a minimum apply risk management practices accepted by the contractors’ industry.

All of the surety requirements will stay the same except the Surety Company must have the same rating as item 8

REV 10/2020

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, ****** OPTION 4 ******

(FOR PROJECTS MORE THAN $5,000,000 BUT LESS THAN $10,000,000)

LARGE MAJOR CONSTRUCTION INSURANCE GUIDELINES

(For projects more than $5,000,000 but less than $10,000,000)

✓ Bodily Injury by Accident - $100,000 each accident

(b) Separate $1,000,000 Owner's and Contractor's Protective policy with City of Roswell as Named Insured

(c) The following additional coverage must apply:

✓ 1986 (or later) ISO Commercial General Liability Form

✓ Dedicated Limits per Project Site or Location (CG 25 03 or CG 25 04)

✓ Additional Insured Endorsement (Form B CG 20 10 with a modification for completed operations or a separate endorsement covering Completed Operations)

✓ Blanket Contractual Liability

✓ Broad Form Property Damage

✓ Severability of Interest

✓ Underground, explosion, and collapse coverage

✓ Personal Injury (deleting both contractual and employee exclusions)

(b) Comprehensive form covering all owned, non-owned, leased, hired, and borrowed vehicles

(e) Contractual Liability

4. Umbrella Liability Insurance - Minimum $5,000,000 limit of liability

(Higher limit may be required depending on the extent of contract)

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

(a) The following additional coverage must apply

✓ Additional Insured Endorsement

✓ Concurrency of Effective Dates with Primary

✓ Blanket Contractual Liability

✓ Drop Down Feature

✓ Care, Custody, and Control - Follow Form Primary

5. Builder's Risk Insurance or Installation Floater Insurance required on all new structures, bridges, overpasses, tunnels, culverts and railroad crossings - limit at least as broad as contract amount

6. City of Roswell should be shown as an additional insured on General Liability, Auto Liability and Umbrella

9. Insurance Company, except Worker' Compensation carrier, must have an A.M. Best Rating of A-10 or higher.

Certain Workers' Comp funds may be acceptable by the approval of the Insurance Unit. European markets including those based in London and domestic surplus lines markets that operate on a non-admitted basis are exempt from this requirement provided that the contractor’s broker/agent can provide financial data to establish that a market is equal to or exceeds the financial strengths associated with the A.M. Best’s rating of A-10 or better.

11. Certificates of Insurance, and any subsequent renewals, must reference specific bid/contract by project

12. The Contractor shall agree to provide complete certified copies of current insurance policy(ies) or a certified letter from the insurance company(ies) if requested by the City to verify the compliance with these

13. All insurance coverages required to be provided by the Contractor will be primary over any insurance

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

14. Contractor shall incorporate a copy of the insurance requirements as herein provided in each and every subcontract with each and every Subcontractor in any tier, and shall require each and every Subcontractor of any tier to comply with all such requirements. Contractor agrees that if for any reason Subcontractor fails to procure and maintain insurance as required, all such required Insurance shall be procured and

15. No Contractor or Subcontractor shall commence any work of any kind under this Contract until all insurance requirements contained in this Contract have been complied with and until evidence of such compliance satisfactory to City as to form and content has been filed with City. The Acord Certificate of Insurance or a preapproved substitute is the required form in all cases where reference is made to a Certificate of

16. The Contractor shall agree to waive all rights of subrogation against the City, the City Council, its officers, officials, employees, and volunteers from losses arising from work performed by the contractor for the City.

equipment, tools, supplies, and contents required to perform the services called for in the Contract. The coverage must be on a replacement cost basis.