FIXED-PRICE DESIGN-BUILD PROCUREMENT

Part 1

Request for Qualifications

COLLEGE CREEK WATERLINE REPLACEMENT

February 2022

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A Virtual Non-Mandatory Pre-Qualification Conference will be held via ZOOM on February 28, 2022 at 9:00 am. Attendance is non-mandatory for all offerors. Offerors must be present in the virtual waiting room prior to the beginning of the conference, and admitted to the meeting. Late entry(ies) to the Pre-Qualification Conference will not be admitted. Discussions that occur during the non-mandatory pre-bid meetings are not binding on the contract unless contained in an Addendum issued by the County.

* Contact Kitty Hall via email to request the ZOOM meeting invite.

The Request for Qualifications packet and required forms may be downloaded from DemandStar. There is no cost for these documents. (See Instructions to register on Demand Star-Attachment 1)

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Competitive sealed bidding is not practical or fiscally advantageous for obtaining utility water main replacement design and construction services for a project with an expedited timeline due to bond requirements. More information than total base bid and a prospective bidder’s responsibility and responsiveness needs to be considered in order to obtain the best value and best vendor/product match for the JCSA and its customers. A design-build RFP with criteria assessing items such as vendor experience, proposed methodology, and cost should be used in making the award decision and is more advantageous for the JCSA because the process allows detailed review and consideration of more of the factors that will contribute to a successful job such as design expertise, construction ability and team structure that promotes a collaborative project approach and expedited project completion. The design-build RFP process will allow the process to incorporate these criteria. The best value will be obtained from a contractor with proven experience who can develop a design, receive timely feedback from the Authority and promptly execute the construction. Professional engineering, legal and purchasing staff researched possible procurement methods that will best meet the JCSA’s needs. The design-build RFP process will benefit the JCSA because incorporating the design and build responsibilities with one vendor will promote efficient owner/contractor relations to deliver a quality product in a shorter time period than the traditional design/bid/build process.

JAMES CITY COUNTY, VIRGINIA REQUEST FOR QUALIFICATIONS No. 9-2022865

Title:

Issue Date:

Due Date: at

College Creek Waterline Replacement

February 11, 2022

March 31, 2022, not later than 2:00 pm local time (EST)

Submit Completed Qualifications packet on Demand Star (See Instructions in Attachments).

Inquiries: Kitty Hall, VCO, Purchasing Director, (757) 253-6644 Kitty.Hall@jamescitycountyva.gov

Questions must be submitted not later than 2 pm on March 7, 2022, in writing via email: kitty.hall@jamescitycountyva.gov Attn: Kitty Hall

This public body does not discriminate against faith-based organizations.

In compliance with this Request for Qualifications and subject to all the conditions thereof, the undersigned offers to furnish the goods/services requested and certifies he/she has read, understands, and agrees to all terms, conditions and requirements of this proposal and is authorized to contract on behalf of the firm named below. By my signature on this solicitation, I certify that this firm/individual is properly licensed for providing the goods/services specified. The Undersigned certifies that he (they) are the only person (persons) interested in said project and that it is made without connection with other persons submitting a proposal on the same scope of services; that the proposal is made without collusion, fraud, or reservation; that no official or employee of the Owner is directly or indirectly interested in said proposal, or any portion thereof.

PROPRIETARY INFORMATION YES ( ) NO ( )

Trade secrets or proprietary information is hereby submitted and identified. Reasons for protection and exclusion from the Virginia Freedom of Information Act (2.2 et seq.) is set forth below. (Additional sheet may be added if necessary.) _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________

Offerors should indicate on the Cover Sheet the portions of their packet that are proprietary. Please list the page numbers and the reason(s). Do not mark the whole qualifications packet proprietary. If Proprietary information is stated, Offerors shall submit One (1) Original and One (1) Redacted copy (removing any proprietary data or material. Clearly identify on the Cover Sheet the “Original” and “Redacted” copy, as “Redacted Copy of Original ” RFQ# 9-2022865.

James City County Purchasing Office 101-F Mounts Bay Road, Suite 300

PO Box 8784 Williamsburg, VA 23187-8784

Phone: (757) 253-6644/6646 Fax: (757) 253-6753

Kitty.Hall@jamescitycountyva.gov h ttps://j amescit ycount yva.gov/

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Company Name:____________________________________________________________________

Contractor License#______________________________Type:_______________________________

*State Corporation Commission ID #______________________________

Address:_____________________________________________________________________

City/State/Zip:_________________________________________________________________

Telephone:___________________________________FAX:____________________________

Email Address:_____________________________________________________________________

Federal Tax ID:_______________________________________________________________________

Print Name:___________________________________Title:________________________________

Signature_____________________________________Date____________________________

Acknowledgement of Addendums: #1________________ #2________________

*State Corporation Commission Requirement per the Virginia Public Procurement Act, VPPA:

§ 2.2-4311.2. Compliance with state law; foreign and domestic businesses authorized to transactbusiness in the Commonwealth. -- A. All public bodies shall include in every written contract a provision that a contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law.

B. Pursuant to competitive sealed bidding or competitive negotiation, all public bodies shall include in the solicitation a provision that requires a bidder or offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1 or Title 50 to include in its bid or proposal the identification number issued to it by the State Corporation Commission. Any bidder or offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or as otherwise required by law shall include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized.

C. Any bidder or offeror described in subsection B that fails to provide the required information shall not receive an award unless a waiver of this requirement and the administrative policies and procedures established to implement this section is granted by the Director of the Department of General Services or his designee or by the chief executive of a local governing body.

D. Any business entity described in subsection A that enters into a contract with a public body pursuant to this chapter shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract.

E. A public body may void any contract with a business entity if the business entity fails to remain in compliance with the provisions of this section.

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*Virginia State Corporation Commission (“SCC”) registration information: The undersigned Offeror:

is a corporation or other business entity with the following SCC identification number: ____________ -OR-

is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust -OR-

is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the Offeror in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from bidder’s out-of-state location) -OR-

is an out-of-state business entity that is including with this bid an opinion of legal counsel which accurately and completely discloses the undersigned Offeror’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of § 13.1-757 or other similar provisions in Titles 13.1 or 50 of the Code of Virginia.

**NOTE** >> Check the following box if you have not completed any of the foregoing options but currently have pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for proposals (the Commonwealth reserves the right to determine in its sole discretion whether to allow such waiver):

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NON COLLUSION AFFIDAVIT

James City Service Authority, project: RFQ No. # 9-2022865

Date: _____________

COMMONWEALTH OF VIRGINIA (City/County)

This day personally appeared before the undersigned, a Notary Public in and for the City/County and State aforesaid,

who having been first duly sworn according to law, did depose and aver as follows:

(a) That he/she is___________________________________________________________ (Owner, Partner, President, etc.)

of _______________________________________________________________

(insert name of Bidder)

(b) That he/she is personally familiar with the bid ______________________________ submitted in connection with the above captioned Owner’s project.

(c) That said Bid was formulated and submitted in good faith as the true Bid of said Bidder.

1. In preparation and submission of this Bid, the Bidder did not either directly orindirectly, enter into any combination or agreement with any person, firm orcorporation or enter into any agreement, participate in any collusion, or otherwisetake any action in the restraint of free, competitive bidding in violation of theSherman act (15 U.S.C. Section 1) or sections 59.1-9.1 through 59.1-9.17 orsections 59.1-68.6 through 59.1-68.8 of the Code of Virginia.

2. The undersigned Bidder hereby certifies that neither this Bid nor any claimresulting therefrom, is the result of, or affected by, any act of collusion with, orany act of another person or persons, firm or corporation engaged in the sameline of business or commerce; and that no person acting for or employed by theOwner has any personal interest in this Bid.

3. The undersigned hereby further agrees that upon request of the Owner, the recordsand books pertaining to this Bid shall be voluntarily supplied, furnished, and released to the Owner.

4. The undersigned hereby further certifies that the Bidder has not knowinglyfalsified, concealed, misled, or covered up by any trick, scheme, or device amaterial fact in connection with this bid. The undersigned also certifies that theBidder has not made any false, fictitious or fraudulent statements orrepresentations or made or used any false writing or documents knowing thesame to contain any false, fictitious or fraudulent statement or entry inconnection with this Bid.

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5. The undersigned further agrees that the Bidder shall comply with section 2.2-4374of the Code of Virginia, 1950, as amended, and has not bought or purchased anyequipment from any person employed by the Owner as an independent contractorto furnish architectural or engineering services for this Project, nor from anypartnership, association or corporation in which such architect or engineer has apecuniary interest.

6. The undersigned further agrees to require all subcontractors, consultants, sub-consultants, or any other persons, corporations, or legal entities providing orfurnishing labor, material, equipment or work related to this project to executethis anti-collusion statement as a condition of payment. This paragraph isexpressly limited to those in a direct contractual relationship with theundersigned of over $10,000 except those persons whose only direct contractualagreement with the undersigned is an employment contract.

7. All Covenants and Agreements made by the Contractor are made by it on behalfof the Contractor and its successors, personal representatives and assigns, thesame as if they had been specifically named in each instance.

And further this deponent saith not.

Subscribed and sworn to before me this day of , 20___

My commission expires: 20

______________________________________ Notary Public

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CERTIFICATION REGARDING DEBARMENT

This is to certify that this person/firm/corporation is not now debarred or enjoined

by the Federal Government or by the Commonwealth of Virginia or by any other

state, or by any town, city, or county, from submitting Bids on contracts for

construction covered by this solicitation, nor are they an agent of any person or entity

that is now so debarred or enjoined.

________________________ Name of Official

________________________ Title

________________________ Firm or Corporation

________________________ Date

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LITIGATION DISCLOSURE FORM

Respond to each of the questions below by checking the appropriate box. Failure to fully and truthfully disclose the information required by this Litigation Disclosure Form may result in the disqualification of your bid or proposal from consideration or termination of the contract, once awarded. For purposes of this disclosure form, “you” means the individual or entity in whose name the bid or proposal is submitted.

1. Have you or any principal, officer or director of your company, or any individual who will be assignedto work under any contract awarded pursuant to this solicitation, been terminated (for cause from anywork being performed for any governmental or nongovernmental contracting? Circle response

Yes No

2. Is any officer, director or owner thereof currently debarred pursuant to an established debarmentprocedure from bidding or contracting by any public body, agency of another state or agency of thefederal government; during the last seven (7) years? Circle response

Yes No

3. Have you or any principal, officer or director of your company, or any individual who will be assignedto work any contract awarded pursuant to this solicitation, been involved in any claim or litigation orbeen convicted within the past ten years of a crime related to governmental or nongovernmentalconstruction or contracting, including, but not limited to, a violation of (i) Article 6 (§ 2.2-4367 etseq.) of the Code of Virginia, (ii) the Virginia Governmental Frauds Act (§ 18.2-498.1 et seq.), (iii)Chapter 4.2 (§ 59.1-68.6 et seq.) of Title 59.1, or (iv) any substantially similar law of the United Statesor this or another state during the last seven (7) years? Circle response

Yes No

If you answered “Yes” to any of the above questions, please state the name(s) of the person(s), the nature, and the status and/or outcome of the conviction, termination, claim or litigation, as applicable. Any such information should be provided on a separate page, attached to this form and submitted with your bid or proposal.

Reference Code of Virginia § 2.2-4317

Revised 9/11/2020

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CERTIFICATION OF COMPLIANCE WITH IMMIGRATION LAWS AND REGULATIONS Section 40.1-11.1 of the James City County Code requires that any person or entity doing business with the County of James City, including its boards and commissions, shall include a sworn certification by the Contractor of compliance with all federal immigration laws and regulations. These laws include the Federal Immigration Reform and Control Act, which makes it unlawful for a person or other entity to hire, recruit or refer for a fee for employment in the United States, an alien knowing the alien is unauthorized, and Section 40.1-11.1 of the Code of Virginia, which makes it unlawful for any employer to knowingly employ an alien who cannot provide documents indicating that he or she is legally eligible for employment in the United States. The state law, in particular, places an affirmative duty on employers to ensure that aliens have proof of eligibility for employment.

Accordingly this certification shall be completed and attached to all contracts and agreements for goods and services made by the County of James City or any of its boards and commissions. Failure to attach a completed certification shall render the contract or agreement void.

Type or print legibly when completing this form. Legal Name of Contractor: (Note: This is your name as reported to the IRS. This should match your Social Security card or Federal ID Number.)

Type of Business Entity:

Sole proprietorship (Provide full name and address of owner):

Limited Partnership (Provide full name and address of all partners):

General Partnership (Provide full name and address of all partners):

Limited Liability Company (Provide full name and address of all managing members):

Corporation (Provide full name and address of all officers):

Doing Business As: If Applicable (Note: This is the name that appears on your invoices but is not used as your reporting name.)

Name and Position of Person Completing this Certificate:

Physical Business Address:

Primary Correspondence Address (If different from physical address):

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Number of Employees:

Are all Employees Who Work in the United States Eligible for Employment in the United States?

Under penalties of perjury, I declare on behalf of the Contractor listed above that to the best of my knowledge and based upon reasonable inquiry, each and every one of the Contractor’s employees who work in the United States are eligible for employment in the United States as required by the Federal Immigration Reform and Control Act of 1986 and Section 40.1-11.1 of the Code of Virginia. I further declare on behalf of the Contractor that it shall use due care and diligence to ensure that all employees hired in the future who will work in the United States will be eligible for employment in the United States. I affirm that the information provided herein is true, correct, and complete.

Sworn this ____ day of ________________, 202_ on behalf of ________________________as evidenced by

the following signature and seal:

Name of Contractor: __________________________________

Printed Name of Signatory: ___________________________________

Signature: ________________________________________________

Date: _______________

COMMONWEALTH OF VIRGINIA: CITY/COUNTY OF____________________________, to-wit:

The foregoing instrument was acknowledged before me this ___ day of ______________, 202__, by _______________________.

_________________________ Notary Public

Registration No.:_________________

RETURN SIGNED COVER SHEET (ALL PAGES) WITH PROPOSAL

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PART 1 DESIGN-BUILD DELIVERY OF THE COLLEGE CREEK WATER MAIN REPLACEMENT

SECTION/TITLE PAGE

1.0 PURPOSE .......................................................................................................................................13 2.0 COMPETITION INTENDED ...................................................................................................... 14 3.0 PROJECT OVERVIEW ............................................................................................................... 14 4.0 OFFEROR’S MINIMUM QUALIFICATIONS ......................................................................... 15 5.0 SCOPE OF SERVICES ................................................................................................................. 16 6.0 PROCUREMENT PROCESS OVERVIEW ............................................................................... 16 7.0 CONTENTS OF THE STATEMENT OF QUALIFICATIONS ............................................. 17 8.0 EVALUATION ............................................................................................................................ 20 9.0 INSTRUCTIONS FOR SUBMITTING STATEMENT OF QUALIFICATIONS ................ 22 10.0 RIGHTS AND OBLIGATIONS OF THE AUTHORITY .........................................................27

Definition of Terms

The definitions of some of the capitalized terms used in this RFQ are presented below:

Builder – The Design-Builder or other firm (such as a subcontractor or joint venture partner) that will provide construction services and have responsible charge of construction of the Project.

Designer – The Design-Builder or other firm (such as a subconsultant or joint venture partner) that will provide professional design services and have responsible charge of the design, including preparation of the construction documents.

Design-Builder – The entity that will enter into the Fixed-Price Design-Build Contract with the Owner and that will be the single point of accountability to the Owner for delivering the services and the Project.

Key Personnel – The individuals, employed by Design-Builder or other firm included on the Project Team, who would fill certain key roles in delivery of the Project and related services by the Design-Builder, including the following positions: project manager, safety manager, design manager, construction manager, and [additional positions, as applicable to the proposed design-build team composition].

Minimum Qualification Requirements – The requirements set forth in the RFQ section that, at a minimum, must be satisfied (or waived by the Owner) in order for the SOQ to be evaluated and ranked according to the comparative evaluation criteria.

Owner – James City Service Authority

Project – Design-Build Delivery of the College Creek Water Main Replacement

Project Team – The Design-Builder, Key Personnel and any additional firms (such as subcontractors and subconsultants) included in the SOQ.

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PART 1 DESIGN-BUILD DELIVERY OF A WATER MAIN REPLACEMENT ALONG JACK L. MASSIE

BRIDGE AT COLLEGE CREEK

1.0 PURPOSE

The intent of this Request for Qualifications (RFQ) is to identify the most qualified design-build teams with successful experience in the design and construction of water main replacements attached to bridge structures. This project will employ the design-build procurement process to encourage a creative, problem solving approach through interactive efforts of an experienced, highly motivated public-private partner Design-Build Team. The design-build process will foster a cooperative owner-designer-contractor effort, allow for a focus on constructability, and identify potential value enhancement concepts throughout the design and construction process.

Design-build teams (“Offerors”) identified as most qualified (shortlisted) will be issued a Request for Proposal (RFP) at the conclusion of the RFQ selection process and requested to provide a binding lump sum cost proposal and project schedule. The lump sum cost proposal, the project approach and design recommendations and schedule will be utilized to determine the design-build team that provides the best value for the James City Service Authority (“JCSA” or the “Authority”). Please refer to RFQ Section 7– Contents of the Statement of Qualifications (SOQ).

Successful Offerors will demonstrate excellent management skills and technical expertise in order to: • Produce detailed and fully coordinated civil and structural designs, construction drawings and

specifications• Obtain any necessary approvals from James City County, Virginia Department of

transportation (VDOT), and all other authorities having jurisdiction, to include environmentalpermits required by the US Army Corps of Engineers and the Virginia Department ofEnvironmental Quality, if needed.

• Construct project improvements in a manner acceptable to VDOT, James City County and theJames City Service Authority.

• Provide quality assurance and quality control per the Minimum Requirements for QualityAssurance and Quality Control on Design-Build Projects.

• Provide overall project management and coordination necessary to accomplish these tasks• Perform these tasks in compliance with the established project schedule.

JCSA owns a 16” diameter steel water main attached to bridge pile bents along the north face of the Jack L. Massie Bridge in James City County, Virginia. The water main is not insulated and has a total span of approximately 710 feet. It is supported on the pile caps of the bridge bents with galvanized brackets, with approximately 70’ between each support. In 2018, JCSA replaced all of the couplings with Hymax Versa couplings. However, the water main is approaching 50 years in service and is in need of rehabilitation or replacement. The current pipe installation does not meet current VDOT standards for utility installations along bridges, therefore, at VDOT’s recommendation, JCSA first pursued in-place pipe rehabilitation.

JCSA retained a consultant to identify alternatives for in-place pipe rehabilitation of the water main (Attachment 3). The detailed technical memo identified six technologies for pipe rehabilitation, as well as recommendations from a structural engineer for the replacement of the water main supports. Pipe rehabilitation had a high construction cost as well as structural limitations. Due to the length of the pipe spans, a Class IV (structurally independent) lining was deemed to not be feasible. Therefore, the pipe

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can only be rehabilitated with a Class III Lining, which is identified as a semi-structural system. These lining systems are not intended to provide sufficient reinforcement should the host pipe fail. As part of any rehabilitation method, it was recommended that a condition assessment be conducted on the existing pipe to ensure it was a suitable candidate for rehabilitation. In order to rehabilitate the pipe supports, the structural engineer developed two feasible options for using temporary brackets that would be bolted to the pile cap to enable the steel pipe to be elevated enough for the removal and replacement of the pipe saddles. This would require additional bolts and subsequent repairs to the pile caps.

Based on the costs and structural limitations of pipe rehabilitation, JCSA evaluated several options for pipe replacement in addition to in-kind pipe replacement. These alternatives were: a directionally drilled water main, a new water main installed on a stand-alone bridge structure, and a water main installation under the current bridge deck per current VDOT standards. This evaluation of the alternatives is provided as Attachment 4. JCSA concluded that an in-kind pipe replacement is the best option for maintaining JCSA system reliability, limiting impacts to the VDOT bridge structure, and avoiding extensive environmental impacts. Although the pipe installation does not meet current VDOT utility standards, VDOT had provided JCSA with concurrence that an in-kind pipe replacement is the most desirable option and would be accepted by the Structure and Bridge division upon the development and approval of engineering plans.

Because the proposed project requires specialty planning, VDOT coordination, and construction activities around the bridge structure, JCSA desires to use the design-build approach to ensure that the plans presented to and approved by VDOT are acceptable to the contractor and that the contractor has the means and methods for following the exact plans. Contractor input in plan development will be critical to ensure the pipe can be replaced per VDOT requirements and also within the specified timeframe.

Photographs of the project are available upon request. Please send a request on company letterhead requesting the file for the photo library, including the (company certified employee) contact name/email address. Send the letter via email to: Kitty.Hall@jamescitycountyva.gov. Thumb drives will be provided for mailing or customer pickup at the JCSA, 119 Tewning Road, Wmbg. VA 23188.

2.0 COMPETITION INTENDED

It is the County’s intent that this Request for Qualifications (RFQ) permit competition. It shall be the Offeror’s responsibility to advise the Purchasing Director in writing if any language, requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this RFQ to a single source. The Purchasing Director must receive such notification not later than five (5) business days after solicitation release date.

3.0 PROJECT OVERVIEW

The selected design/builder shall complete all work necessary to adequately complete the design, permitting and construction phase services for the project. As a minimum, the following shall be included in the scope of services:

• All land survey work as necessary to adequately complete the design and permit applications and providereference points for construction layouts. As a minimum, property lines, right-of-ways, easements,topographic information, location of existing landmarks (e.g. edge of road, sidewalks, buildings, trees,valves, meter boxes and manhole structures with inverts, etc.) and underground utility locations are to beincluded. The engineer shall coordinate with VDOT and other utility owners to have the underground

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utility marked out prior to the survey.

• Environmental activities as necessary to adequately complete the design and file permit applications. Theengineer shall determine environmental impacts, delineate RPA/wetlands as required, and on behalf ofJCSA apply for all permits as required to complete the project.

• Determine which Local, Commonwealth, and Federal permits are required for the project, prepare andsubmit the necessary applications, and provide technical input as required in securing these permits. TheDesign/Builder shall also provide Owner with information regarding the approximate length of review timefor each permit, and any special requirements that could delay this process. JCSA will pay for anysubmission fees associated with permit applications.

• Prepare design drawings and project specifications with an adequate level of detail for review/approval bypermitting agencies and for bidding and construction purposes. It is anticipated that design submittals willbe required at the 50% and 100% stages of the design.

• Prepare drawings and technical specifications utilizing HRPDC Regional Construction Standards and JCSA Design and Acceptance Criteria. Provide project specific supplemental information as required.

• Prepare and submit an opinion of probable cost with each design progress submittal.

• Replacement of approximately 710 feet of 16” steel water main piping, including, but not limited to:o Replacement of support saddleso Rehabilitation of concrete support pierso Traffic controlo Disinfection and testing of new water main piping

• The design/build approach has been selected to facilitate a partnership between JCSA and thedesign/builder’s team. Through this interactive approach, JCSA expects to gain efficiencies by minimizingconstruction related issues that might normally occur during the construction phase of the project.Involving the construction contractor throughout the design phase will help to identify constructabilityissues before construction begins. In addition, it is anticipated that the design/build approach will reducethe time required to complete the project.

4.0 OFFEROR’S MINIMUM QUALIFICATIONS Offerors must demonstrate that they have the resources and capability to provide the materials and services as described herein. All Offerors must submit the documentation indicated below with their proposal. Failure to provide any of the required documentation shall be cause for proposal to be deemed non-responsible and rejected.

4.1 Offeror must demonstrate successful experience utilizing the design-build delivery system in the delivery of a utility water main replacement project and have experience replacing/installing utilities on a bridge structure. Refer to Sections 7 and 8 for specific requirements.

4.2 Debarment: By signing and submitting the Debarment Form with its proposal, Offeror’s certify that they are not currently debarred by any local or state government or the Federal Government.

4.3 Provide evidence of a contractor’s certificate of registration, whether resident or nonresident of Commonwealth of Virginia, as required by the following:

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A. Registered Commonwealth of Virginia Contractor: Class A. Include a copy of the Class A Contractors license with your qualifications.

5.0 SCOPE OF SERVICES 5.1 General:

All Offerors must be able to provide professional civil, and structural engineering services to design the water main replacement, structural supports, and associated infrastructure. Specialists may include architectural, civil, structural, geotechnical, environmental, cost estimating services, traffic engineering and landscape consultants, and others as needed to fulfill the requirements of the project.

Offerors shall note that the Preliminary Scope of Work being provided is for informational purposes only and other than documents already approved, all documents included therein are subject to change; therefore, these documents shall not be relied upon for the purposes of developing a proposal.

6.0 PROCUREMENT PROCESS OVERVIEW The Authority will use a two-phase selection process for the selection of the Design Builder for this Project. This RFQ represents the first phase in the selection process. T h e Authority intends to shortlist 3-5 highest ranked firms. Only the short-listed Offerors will receive the RFP (Part 2) and be allowed to submit proposals. Submission of a sealed technical proposal and a sealed cost proposal are required. The technical proposals are not scored and ranked; the technical proposals are evaluated for compliance with the requirements of the RFP. JCSA will only open cost proposals from offerors with technical proposals that conform to the RFP requirements.

After review of the technical proposals, JCSA can amend the design requirements of the RFP and request adjustments to the technical proposals (Offerors will be allowed to amend their cost proposals at that time, if they choose). After the technical proposals are finalized, JCSA will open the cost proposals and evaluate by cost, the fixed cost proposal to complete the project.

Offerors are on notice that the Authority may, in its sole discretion, negotiate and award a design build contract to an Offeror if, upon a written determination, the Authority determines that such Offeror is the only Offeror fully qualified to perform the proposed design-build contract, or that such Offeror is clearly more highly qualified than the others under consideration.

6.1 Schedule:

The Authority currently anticipates conducting this design-build procurement in accordance with the following list of milestones. This schedule is subject to revision and the Authority reserves the right to modify this schedule as it finds necessary, in its sole discretion.

A. Issue or Advertise RFQ: February 11, 2022

B. Mandatory Pre-Qualification Meeting (virtual): February 28, 2022

C. Deadline to Submit Questions: March 7, 2022

D. Statement of Qualifications Due: March 18, 2022

E. Short List Announcement: March 31, 2022

F. RFP Issued (Tentative) April 15, 2022

G. Cost & Schedule Proposals Due May 15, 2022

H. Interviews/Presentations May 23-26, 2022

I. Anticipated Notice of Award June 1, 2022

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7.0 CONTENTS STATEMENT OF QUALIFICATIONS

This Section describes specific information that must be included in the SOQ.

7.1 General

The RFQ phase of the procurement process is intended to enable Offerors to demonstrate their qualifications to perform the Project, and to enable the Authority to evaluate those qualifications in arriving at a short-list. Offerors are advised that the SOQ should include specific information that will demonstrate the qualifications and experience required by this RFQ.

Offerors should note that it is not the intent of the Authority to receive project-specific designs or engineering recommendations as part of this RFQ. The request for project-specific information will be part of the Request for Proposal (RFP) process.

Offerors shall be aware that the Authority reserves the right to conduct an independent investigation of any information, including prior experience, identified in a SOQ by contacting project references, accessing public information, contacting independent parties, or any other means. The Authority also reserves the right to request additional information from an Offeror during the evaluation of that Offeror’s SOQ.

If the Offeror has concerns about information included in its SOQ that may be deemed confidential (or proprietary), the Offeror shall adhere to the requirements set forth by Section 8.17.

Failure to comply with the law with regard to those legal requirements in Virginia (whether federal or state) regarding your organizational structure, any required registration with governmental agencies and/or entities, and any required governmental licensure, whether business, individual, or professional in nature may render your proposal, in the sole and reasonable discretion of the Authority, non-responsive and in that event your proposal may be returned without any consideration or evaluation.

7.2 Statement of Qualifications Format

• Offerors shall provide each of the following items below in the order presented. Failure to includeany of the requested information may be cause for the SOQ to be considered non-responsive andrejected.

• Do not include cost information your SOQ. This information will be requested from the short-listed Offerors only during Part 2-Request for Proposals.

• Do not use Federal Government forms such as Standard Form 330; Architect – EngineerQualifications in your proposal response.

7.3 Statement of Qualifications Required Information

1. Provide a Letter of Submittal on the Offeror’s letterhead and identify the full legal name andaddress of the Offeror. The Offeror is defined as the legal entity who will execute the Contractwith the Authority.

2. The Letter of Submittal shall be signed by an authorized representative of Offeror’s

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organization. All signatures on the Letter of Submittal shall be original and signed in ink.

3. Identify the name, title, address, phone and fax numbers, and e-mail address of an individual

who will serve as the Point Of Contact for the Offeror.

4. Identify the name, address and telephone number of the individual who will serve as the Principal Officer of the Offeror. (e.g., President, Treasurer, Chairperson of the Board of Directors, etc.).

5. Identify whether the Offeror will be structured as a corporation, Limited Liability Company,

general partnership, joint venture, limited partnership or other form of organization. Identify the team members who will undertake financial responsibility for the Project and describe any liability limitations. If the Offeror is a limited liability company, partnership or joint venture, describe the bonding approach that will be used and the members of such organizations who will have joint and several liability for the performance of the work required for the Project. A single 100% performance bond and a single 100% payment bond shall be provided regardless of any co-surety relationship.

6. Identify the full legal name of both the Lead Contractor and the Lead Designer for this Project.

The Lead Contractor is defined as the Offeror that will serve as the prime/general contractor responsible for overall construction of the Project and will serve as the legal entity who will execute the Contract with the Authority. The Lead Designer is defined as the prime design consulting firm responsible for the overall design of this Project.

7. Provide the full legal name and address of all affiliated and/or subsidiary companies of the

Offeror. Indicate which companies are affiliates and which companies are subsidiaries. An affiliate shall be considered as any business entity which is closely associated to another business entity so that one entity controls or has power to control the other entity either directly or indirectly; or, when a third party has the power to control or controls both; or where one business entity has been so closely allied with another business entity through an established course of dealings, including but not limited to the lending of financial wherewithal, engaging in joint ventures, etc. as to cause a public perception that the two firms are one entity. Firms which are owned by a holding company or a third party, but otherwise meet the above conditions and do not have interlocking directorships or joint officers serving, are not considered to be affiliates.

If the Offeror does not have any affiliated and/or subsidiary companies, other than the Offeror’s legal business entity, indicate this in the proposal. The Offeror shall not submit more than one SOQ for this Project. If more than one SOQ is submitted by an individual, partnership, Corporation, or any party of a Joint Venture, then all SOQs submitted by that individual, partnership, Corporation or Joint Venture shall be disqualified. If more than one SOQ is submitted by an affiliate or subsidiary company of an individual, partnership, Corporation or any arty of a Joint Venture, then all SOQs submitted by that individual, partnership, Corporation or Joint Venture shall be disqualified.

8. Execute and return all Forms in the Cover Sheet (see pg. 2 for list) for the Offeror and any subconsultant, subcontractor, or any other person or entity on the Offeror’s organizational chart included in the SOQ.

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If the Offeror and any subconsultant, subcontractor, or any other person or entity are unable to execute the certification, then prospective participant shall attach an explanation to its Certification Regarding Debarment Form. Failure to execute the certification will not necessarily result in denial of award but will be considered in determining the Offeror’s responsibility. Providing false information may result in federal criminal prosecution or administrative sanctions.

9. Include a letter from a surety or insurance company (with a Best’s Financial Strength Rating of A and Financial Size Category VII or better by A.M. Best Co.) in the appendix of the SOQ stating that the Offeror is capable of obtaining a $1.25 million performance and payment bond based on the current estimated contract value which bonds will cover the Project and any warranty periods. The letter of surety shall clearly state the rating categorization noted above and reference the estimated contract value, in a manner similar to the notation provided below: “As surety for [the above named Contractor], [XYZ Company] with A.M. Best Financial Strength Rating [rating] and Financial Size Category [Size Category] is capable of obtaining 100% Performance Bond and 100% Labor and Materials Payment Bond in the amount of the anticipated cost of construction, and said bonds will cover the Project and any warranty periods as provided for in the Contract Documents on behalf of the Contractor, in the event that such firm be the successful bidder and enter into a contract for this Project.”

10. All business entities on the Offeror’s proposed team must comply with the law with regard to their organizational structure, any required registration with governmental agencies and/or entities, and any required governmental licensure, whether business, commercial, individual, or professional in nature, and nothing herein is intended to contradict, nor to supersede, State and Federal laws and regulations regarding the same. All business entities on the Offeror’s proposed team shall be eligible at the time of their SOQ submittal, under the law and relevant regulations, to offer and to provide any services proposed or related to the Project. All business entities on the Offeror’s proposed team shall satisfy all commercial and professional registration requirements, including, but not limited to those requirements of the Virginia State Corporation Commission (SCC) and the Virginia Department of Professional and Occupational Regulations (DPOR). Full size copies of DPOR licenses and SCC registrations, or evidence indicating the same, should be included in the SOQ. Additionally, the following information should be provided: • For this Project, the DPOR license detailing for each Key Personnel practicing or offering

to practice professional services in Virginia. Provide the name, the address, type, the registration number, expiration date and the office location where each Key Personnel member is offering to practice professional services in Virginia.

• For this Project, the DPOR license detailing for those services not regulated by the Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers, and Landscape Architects (i.e. real estate appraisal). Provide the name, address, type, the registration number, and the expiration date of the individual offering services in Virginia.

11. Provide qualifications and technical information as outlined in Section 8.3 below.

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12. References: All Offerors shall include with their proposals a minimum of three (3) current references. At least one (1) reference must be for a project. This list shall include company name, person to contact, address, telephone number, fax number, e-mail address, and the nature of the work performed. Failure to include references may be cause for rejection of the proposal as non-responsive. Offeror hereby releases listed references from all claims and liability for damages that may result from the information provided by the reference.

8.0 EVALUATION

8.1 Evaluation Team: The Evaluation Team will consist of JCSA Staff members. The Authority may use any appropriate technical resources to provide assistance in evaluating the SOQs.

8.2 Evaluation Process:

Part 1: Statement of Qualifications (SOQ) Part 1 will consist of the development of a SOQ in response to this RFQ. Each SOQ will be evaluated by the Evaluation Team and assigned points based on the criteria set forth within this RFQ. Once the Evaluation Team has evaluated each SOQ, a composite scoring will be developed which indicates the group’s collective ranking of the SOQ. The ranking will be used to select 3-5 design-build teams for further consideration – the short-list. Thereafter, in its sole discretion, the Authority may hold interviews, ask questions, seek written clarifications, and conduct discussions on the SOQ from only the short-listed design-build teams. After the interviews and discussions are completed, the Evaluation Team will finalize the scoring and issue a Request for Proposal (RFP) to the short-listed design-build teams only.

Part 2: Request for Proposals (RFP)

Part 2 will consist of a Proposal submission in response to the RFP. Proposals will be evaluated by the Evaluation Team and assigned points based on the criteria set forth in the RFP. After the Evaluation Team has evaluated each Proposal, the Evaluation Team will finalize the rankings and select a top ranked design-build team based on the scoring of the Proposals. If a contract acceptable to the Authority cannot be negotiated at a price considered fair and reasonable, negotiations shall be terminated with the top-ranked design-build team and negotiations will be conducted with the next-ranked design-build team, and so on. The Evaluation Team will conduct all subsequent negotiations and will make a recommendation to the Board of Directors for the resulting contract award.

8.3 Criteria for Evaluation (TOTAL POSSIBLE POINTS= 100)

A. General Team Information (25 points)

Address the Offeror’s ability, capacity, and skill to fully and satisfactorily provide the services and/or items required in this RFQ. Summarize the background, education, licenses, and experience of the Offeror and Team in providing similar services or items elsewhere, including the level of experience in working with municipalities and the quality of services performed or items supplied. At a minimum, include the following:

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1. The Design-Build Team members (Architect or Engineer, General Contractor, and the firm

that provides utility water main subject matter expertise and consulting support) must have a minimum of five years of experience in delivering projects of similar size and complexity.

2. Demonstrated experience in the successful management of design and construction on

Design-Build projects. Provide sufficient information to demonstrate a well-integrated organization with proven cooperative work history, teaming experience and complementary skills and experience, resulting in relevant and verifiable evidence of good performance on relevant projects demonstrating the Offeror’s firm, lead design firm qualifications to successfully construct and design this Project.

3. Credentials and structure of the project team. Furnish an organizational chart showing the

“chain of command” of all companies, including individuals responsible for pertinent disciplines, proposed on the Offeror’s team. Identify major functions to be performed and their reporting relationships in managing, designing and constructing the Project.

4. Contractor must have a Class A Virginia Contractors License. 5. Design-Build Teams must have an Architect or Engineer registered in the Commonwealth

of Virginia. 6. Demonstrate experience, relevant to the complexity and composition of the anticipated

project for key personnel to include project manager, designers, communications specialist, construction manager, quality control/operations manager and the like.

7. Provide references as described in Section 7.3.

B. Relevant Project Experience (30 points)

Demonstrate the quality of Offeror’s performance in comparable and/or similar projects. Offeror must provide substantial evidence of prior work experience of a similar nature. Demonstrate record of performance, including completion schedule, quality of work, completion within budget, claims history, record of termination for cause and defaults, and client references. At a minimum, Offerors shall provide examples of three (3) comparable projects with scopes similar to the College Creek water main replacement in the past ten (10) years. Two (2) projects must be completed as of the due date of this RFQ and one (1) may be in progress but construction must have started. Documentation confirming that the Offeror meets these minimum qualifications shall be provided.

C. Understanding of Project and Requirements (30 points)

Include as a minimum: 1. A project description to include a brief statement of key issues and challenges

in the project.

2. Work Flow Diagram: to include major elements of project, major milestones and sequencing of work. Confirm that required completion of the project can be met.

3. Table reflecting all federal, state and local permit and approvals required for the project,

a schedule for obtaining such permits and approvals, and how any regulatory issues will

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be addressed. Identify which, if any, permits or approvals are to be obtained by the other governmental entities and have specific oversight requirements

4. How the Offeror can provide the services in a prompt and timely fashion.

5. Identify and discuss critical risks for this Project, focusing on what the Offeror’s team considers the most relevant and critical to the success of this Project. Provide a narrative for each risk that describes why the risk is critical, indicates the impact the risk will have on the Project and discusses the mitigation strategies the Offeror’s team may implement to address the risk. Describe the role that the Offeror expects the Authority or other agencies may have in addressing these Project risks.

6. Identify any value engineering opportunities or opportunities for enhanced project delivery, per the Scope.

7. Identify any innovative and unique mitigation strategies to address issues identified by the Offeror regarding this project.

D. Overall Quality, completeness, responsiveness and compliance with the RFQ requirements. (15 points)

8.4 Qualification/Selection

Pursuant to Section 2.2-4308 of the Code of Virginia and James City County’s written procedures governing the selection, evaluation, and award of design-build contracts, the process for Offeror qualification and selection is as follows:

1. An Evaluation Committee comprised of a minimum of three (3) and a maximum of five (5) voting members, including a Virginia Licensed Architect and/or Engineer, shall be responsible for evaluating the qualifications of Offerors responding to the design-build solicitation.

2. The Evaluation Committee shall evaluate each responding Offeror’s SOQ and any other relevant information and shall determine which Offerors are fully qualified and suitable for the project.

3. The Purchasing Director shall advise each Offeror in writing as to whether that Offeror has been prequalified. In the event that an Offeror is denied prequalification, the written notice shall state the reasons for the denial of prequalification and the factual basis for such reasons. Prequalified Offerors that are not selected for the short list shall likewise be provided the reasons for such decision.

4. Prequalified Offerors that are selected for the short list will be invited to respond to a Request for Proposal (RFP).

9.0 INSTRUCTIONS FOR SUBMITTING STATEMENTS OF

QUALIFICATIONS 9.1 Preparation and Submission of SOQ

• Before submitting your SOQ, read the ENTIRE solicitation. Failure to read any part of this solicitation will not relieve an Offeror of the Contractual obligations.

• All SOQs must be submitted to the Authority via DemandStar.

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• All SOQs shall be signed by the individual or authorized principals of the firm.

• All attachments to the RFQ requiring execution by the Offeror are to be returned with the SOQ.

• The Authority may request additional information, clarification, or presentations from any of the Offerors after review of the SOQs.

9.2 The Authority may make investigations to determine the ability of the Offeror to perform or supply the services and/or items as described in this RFQ. The Authority reserves the right to reject any SOQ if the Offeror fails to satisfy the Authority that it is qualified to carry out the obligations of the proposed project.

9.3 Questions and Inquiries Questions and inquiries, will be accepted from any and all Offerors. and shall be submitted in writing.

The Division of Procurement is the sole point of contact for this solicitation unless otherwise instructed herein. Unauthorized contact with other County or Authority staff regarding the RFQ may result in the disqualification of the Offeror. Material questions will be answered in writing with an Addendum provided, however, that all questions are received by 2 pm, March 7, 2022.

It is the responsibility of all Offerors to ensure that they have received all Addenda and to include signed copies with their proposal. Posted addenda can be downloaded from DemandStar.

9.4 Inspection of Site

It is strongly recommended that all Offerors make an on-site inspection of the location where the work will be performed to become completely familiar with the existing conditions. Failure to comply with this requirement will not relieve the successful Offeror of their obligation to carry out the scope of the resulting contract

9.5 Firm Pricing for Authority Acceptance

RFP pricing provided in Step 2 of this solicitation must be firm for Authority acceptance for a minimum of one hundred and twenty (120) days from RFP receipt date. The JCSA will request that the RFP responses submitted contain a price for design and a price for total construction.

9.6 Unit Price

N/A

9.7 Authority to Bind Firm in Contract

SOQs MUST give full firm name and address of Offeror. Failure to manually sign proposal may disqualify it. Person signing proposal will show TITLE or AUTHORITY TO BIND THE FIRM IN A CONTRACT. Firm name and authorized signature must appear on proposal in the space provided on the pricing page. Those authorized to sign are as follows:

If a sole proprietorship, the owner may sign. If a general partnership, any general partner may sign. If a limited partnership, a general partner must sign. If a limited liability company, a “member” may sign or “manager” must sign if so specified by the articles or organization. If a regular corporation, the CEO, President or Vice-President must sign. Others may be granted authority to sign but the Authority requires that a corporate document

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authorizing him/her to sign be submitted with proposal. 9.8 Withdrawal of Statement of Qualifications

• All SOQs submitted shall be valid through the Notice to Award.

• SOQs may be withdrawn on written request from the Offeror at the address shown in the solicitation prior to the time of acceptance.

• Negligence on the part of the Offeror in preparing the SOQs confers no right of withdrawal after the time fixed for the acceptance of the proposals.

9.9 Late Statements of Qualifications and Requests for Proposals

LATE Statements of Qualifications or LATE Requests for Proposals will not be opened or retrieved from the Demand Star site.

9.10 Authority Not Obligated for Costs of Proposing

The Authority assumes no obligations, responsibilities, and liabilities, fiscal or otherwise, to reimburse all or part of the costs incurred or alleged to have been incurred by parties considering a response to and/or responding to this RFQ, or the subsequent RFP. All of such costs shall be borne solely by each Offeror and its team members.

9.11 Miscellaneous Requirements

• All Statements of Qualifications shall provide a straight-forward, concise delineation of the Offeror’s capabilities to satisfy the requirements of this request. Emphasis should be on completeness and clarity of content.

• Offerors who submit an SOQ in response to this RFQ may be required to make an oral presentation of their SOQ. The Purchasing Office will schedule the time and location for this presentation.

• Selected contents of the SOQ submitted by the successful Offeror and this RFQ will become part of any contract awarded as a result of the Scope of Services contained herein. The successful Offeror will be expected to sign a contract with the Authority.

• The Authority reserves the right to reject any and all SOQs received by reason of this request, or to negotiate separately in any manner necessary to serve the best interests of the Authority.

9.12 Notice of Award

A Notice of Award will be posted on the County’s web site at the conclusion of the two-phase selection process for the selection of the Design-Builder for this Project.

9.13 Protest

Offerors may refer to §§ 2.2-4357 through 2.2-4364 of the Code of Virginia to determine their remedies concerning this competitive process. Protests shall be submitted to the Purchasing Director.

9.14. Debarment

By submitting a proposal, and signing the Debarment Form, the Offeror is certifying that Offeror is not currently debarred by the County, or in a procurement involving federal funds, by the Federal Government.

9.15 Proof of Authority to Transact Business in Virginia

An Offeror organized or authorized to transact business in the Commonwealth pursuant to Title 13.1

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or Title 50 of the Code of Virginia shall include in its bid or proposal the identification number issued to it by the State Corporation Commission. Any Offeror that is not required to be authorized to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 of the Code of Virginia or as otherwise required by law shall include in its bid or proposal a statement describing why the Offeror is not required to be so authorized. Any Offeror described herein that fails to provide the required information shall not receive an award unless a waiver of this requirement and the administrative policies and procedures established to implement this section is granted by the Purchasing Agent or his designee. The SCC may be reached at (804) 371-9733 or at http://www.scc.virginia.gov/default.aspx.

9.16 W-9 Form Required

Each Offeror shall submit a completed W-9 form with their SOQ. In the event of contract award, this information is required in order to issue purchase orders and payments to your firm. A copy of this form can be downloaded from http://www.irs.gov/pub/irs-pdf/fw9.pdf.

9.17 Insurance Coverage Offerors shall include with their SOQ a copy of their current Certificate of Insurance that illustrates the current level of coverage the Offeror carries. The Certificate can be a current file copy and does not need to include any “additional insured” language for the Authority.

9.18 Virginia Freedom of Information Act

As this is an RFQ, no information regarding the SOQ records or the contents of responses will be released except in accordance with Section 2.2-4342 of the Code of Virginia. Once an award has been made from the resulting RFP, all SOQ documents will be open to public inspection subject to the provisions set forth in this Code section. All SOQs submitted to the Authority become the property of the Authority and are subject to the disclosure requirements of Section 2.2-4342 of the Virginia Public Procurement Act and the Virginia Freedom of Information Act (FOIA). Offerors are encouraged to familiarize themselves with the provisions of the Act and Code Section referenced herein to ensure that documents identified as confidential will not be subject to disclosure under FOIA. In no event shall the Authority be liable to an Offeror for the disclosure of all or a portion of a SOQ submitted pursuant to this request not properly identified as confidential.

Blanket designations that do not identify the specific information shall not be acceptable and may be cause for the Authority to treat the entire SOQ as public information. Nothing contained in this provision shall modify or amend requirements and obligations imposed on the Authority by applicable law, and the applicable law(s) shall control in the event of a conflict between the procedures described above and any applicable law(s).

In the event the Authority receives a request for public disclosure of all or any portion of a SOQ identified as confidential, the Authority will attempt to notify the Offeror of the request, providing an opportunity for such Offeror to assert in further detail, in writing, claimed exemptions under the FOIA or other Virginia law. The Authority will come to its own determination whether or not the requested materials are exempt from disclosure. In the event the Authority elects to disclose the requested materials, it will provide the Offeror advance notice of its intent to disclose.

Because of the confidential nature of the evaluation and negotiation process associated with this Project, and to preserve the propriety of each Offeror’s SOQ, it is the Authority’s intention, subject to applicable law, not to consider a request for disclosure until after the Authority’s issuance of a Notice of Intent to Award or Notice of Award. Offerors are on notice that once a Design-Build Contract is executed, some or all of the information submitted in the SOQ may lose its protection

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under the applicable Virginia law.

9.19 Conflict of Interest

a. Each Offeror shall require its proposed team members to identify potential conflicts of interest or a real or perceived competitive advantage relative to this procurement. Offerors are notified that prior or existing contractual obligations between a company and a federal or state agency relative to the Project may present a conflict of interest or a competitive advantage. If a potential conflict of interest or competitive advantage is identified, the Offeror shall submit in writing the pertinent information to the Authority’s point of contact in the Division of Procurement.

b. The Authority, in its sole discretion, will make a determination relative to potential organizational conflicts of interest or a real or perceived competitive advantage, and its ability to mitigate such a conflict. An organization determined to have a conflict of interest or competitive advantage relative to this procurement that cannot be mitigated, shall not be allowed to participate as a Design-Build team member for the Project. Failure to abide by the Authority’s determination in this matter may result in a proposal being declared non-responsive.

c. Conflicts of interest and a real or perceived competitive advantage are described in state and federal law, and, for example, may include, but are not limited to the following situations:

d. An organization or individual hired by the Authority to provide assistance in development of instructions to Offerors or evaluation criteria for the Project.

e. An organization or individual hired by the Authority to provide assistance in development of instructions to Offerors or evaluation criteria as part of the programmatic guidance or procurement documents for the Authority’s Design-Build program, and as a result has a unique competitive advantage relative to the Project.

f. An organization or individual with a present or former contract with the Authority to prepare planning, environmental, engineering, or technical work product for the Project, and has a potential competitive advantage because such work product is not available to all potential Offerors in a timely manner prior to the procurement process.

g. An organization or individual with a present contract with the Authority to provide assistance in

Design-Build contract administration for the Project.

h. The Authority reserves the right, in its sole discretion, to make determinations relative to potential conflicts of interest on a project specific basis.

9.20 Compliance with the Law in Virginia

Failure to comply with the law with regard to those legal requirements in Virginia (whether federal or state) regarding your ability to lawfully offer and perform any services proposed or related to the Project may render your SOQ submittal or RFP submittal, in the sole and reasonable discretion of the Authority, non-responsive and/or non-responsible, and in that event your SOQ submittal or RFP submittal may be returned without any consideration or evaluation for selection of contract award.

All Offerors and Submittals must at the time of their SOQ submittal comply with the law and nothing herein is intended to contradict, nor supersede, any applicable State and Federal laws and regulations. All Offerors shall be eligible at the time of their SOQ submittal, under the law and relevant regulations, to offer and to provide all services proposed and related to the Project. Unless exempted by §§ 54.1-401, 54.1-402, or 54.1-402.1 of the Code of Virginia, any person, partnership, corporation, or other entity offering or practicing architecture, engineering, or land surveying shall be registered or licensed in accordance with the provision of Chapter 4, Title 54.1 of the Code of Virginia. Offerors shall satisfy at the time of their SOQ submittal all commercial and professional registration requirements,

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including, but not limited to the requirements of the State Corporation Commission and the Department of Professional and Occupational Regulations.

10.0 RIGHTS AND OBLIGATIONS OF THE AUTHORITY 10.1 Rights of Authority

The Authority reserves the right to accept or reject all or any part of any SOQ, waive informalities, and award the contract to best serve the interest of the Authority. Informality shall mean a minor defect or variation of a proposal from the exact requirements of the Request for Proposal which does not affect the price, quality, quantity, or delivery schedule for the goods, services or construction being procured.

10.2 Reservation of Rights

In connection with this procurement, the Authority reserves to itself all rights (which rights shall be exercisable by the Authority in its sole discretion) available to it under applicable law, including without limitation, the following, with or without cause and with or without notice:

A. The right to cancel, withdraw, postpone or extend this RFQ or the subsequent RFP in whole or in part at any time prior to the execution by the Authority of a design-build contract, without incurring any obligations or liabilities.

B. The right to issue a new RFQ.

C. The right to reject any and all submittals, responses and proposals received at any time.

D. The right to modify all dates set or projected in this RFQ.

E. The right to terminate evaluations of responses received at any time.

F. The right to suspend and terminate the procurement process for the Project, at any time.

G. The right to waive or permit corrections to data submitted with any response to this RFQ until such time as the Authority declares in writing that a particular stage or phase of its review of the responses to this RFQ has been completed and closed.

H. The right to issue addenda, supplements, and modifications to this RFQ, including but not limited to modifications of evaluation criteria or methodology and weighting of evaluation criteria.

I. The right to permit submittal of addenda and supplements to data previously provided with any response to this RFQ until such time as the Authority declares in writing that a particular stage or phase of its review of the responses to this RFQ has been completed and closed.

J. The right to hold meetings and conduct discussions and correspondence with one or more of the Offerors responding to this RFQ to seek an improved understanding and evaluation of the responses to this RFQ.

K. The right to seek or obtain data from any source that has the potential to improve the understanding and evaluation of the responses to the RFQ, including the right to seek clarifications from Offerors.

L. The right to permit Offerors to add or delete firms and/or key personnel until such time as the Authority declares in writing that a particular stage or phase of its review has been completed and closed.

M. The right to add or delete Offeror responsibilities from the information contained in this RFQ or the subsequent RFP.

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N. The right to appoint and change appointees of any Evaluation Team.

O. The right to use assistance of technical and legal experts and consultants in the evaluation process.

P. The right to waive deficiencies, informalities and irregularities in an SOQ, accept and review a non-conforming SOQ or seek clarifications or supplements to an SOQ.

Q. The right to disqualify any Offeror that changes its submittal without the Authority’s approval.

Attachments:

Attachment 1: Demand Star Instructions (Register, Submit a Bid, Search for a Bid) Attachment 2: General Conditions Attachment 3: College Creek Water Main Rehabilitation Study Attachment 4: JCSA Letter to VDOT with Replacement Alternative Options

*Due to the COVID-19 National Emergency declaration, James City County/James CityService Authority will now only accept electronic copies of the requested proposal (bid). To maintain the integrity of the sealed bid/proposal process, vendors must sign up and register with DemandStar (See ATTACHMENT 1 for instructions) prior to the due date and time specified in the RFP documents, including any addenda issued, in order to submit their bids/proposals. The date/time stamp on the proposal attachment when submitted through DemandStar is considered the delivered date and time. James City County personnel will not be able to access the electronic lockbox until after the due date and time specified in the RFQ/RFP, as amended. Do not send routine correspondence to DemandStar, only the bid/proposal files. Routine correspondence shall be emailed to the point of contact specified on the cover page of this solicitation. Do not send hard copies of the proposal.

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We are pleased to announce our membership in the DemandStar network. DemandStar is an online marketplace that connects our suppliers directly to the bids, quotes and RFPs that matter to them.

DemandStar is open and accessible to all businesses and provides instant access to our solicitations. By registering for your complimentary DemandStar account, you will receive:

• Instant access to bids, quotes and RFPs

• Automatic notifications, right to you inbox, of bids that match the commodity codes you select

• The ability to quickly view the contractual terms and scope of work

• All the forms and documents you need in one place

• Access to more government bids in neighboring cities, counties and states

It’s EASY! Get started with these 3 easy steps!

REGISTERGo to: https://www.demandstar.com/registration

Registering for DemandStar

1

2019 DemandStar® Corporation. All Rights Reserved.206.940.0305

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CHOOSE YOUR FREE AGENCYType in the name of the government agency you’d like to add, for example “City of Metropolis” in the Search Box

SIGN UP

Visit www.demandstar.com

CHECK OUTCheck out with your FREE AGENCY Registration by clicking “Skip for now” on the page where it gives you options to add additional counties and States

2019 DemandStar® Corporation. All Rights Reserved.206.940.0305

2

3

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Responding to an Electronic Bid5 Step Instructions

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Step 1

Many governments are moving toward requiring bid responses electronically. Here are the steps to respond to a bid Electronically.

• Click on the solicitation name

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Step 2

Once you are in the solicitation, you will see the Bid Details page that is standard for all solicitations

• When you are ready to submityour bid, click on “Submit E-BidProposal”

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Step 3

Enter information requested page-by-page and you can see what will come next via the menu bar on the left under “E-Bid Progress”

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Step 4

After you click NEXT on the Contact Information page, you will be directed to enter the documents required. In this example, they only ask for one document, however, in others, they may ask for multiple documents that each need to uploaded separately.

TIP:There is a place for you to add “Supplemental”, i.e. non-required, documents.

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Step 4 continued

TIP:There is a place for you to add “Supplemental”, i.e. non-required, documents.

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Step 5

Review Your E-Bid Response, and if everything is correct, then press “Submit Response”

You are done! And the government to which you’ve submitted this will download your responses and documents and see the day and time upon which you submitted your proposal.

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Searching for BidsWe recommend using the following steps to create a broad search in DemandStar. This will

allow you to “see” how our government partners classify and name the types of projects you are most interested in.

After doing a few broad searches, you may want to try using the additional filters beyond these mentioned below:

Included in the instructions are how to search for bids published by a specific agency.

1. Log In2. Once your logged in and on your Dashboard Homepage - Click on “Bids” at the top of

the screen

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3. On the left side of the screen use the filter “Show bids” and select “All bids in thesystem” from the drop-down options

4. On the left side of the screen use the filter “Bid Name” to enter in a keyword and click

“Search”

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5. Review your results

Or search by specific government “Agency” instead of “Bid Name”

After step 3 instead of using the “Bid Name” Filter use the “Agency” Filter to type the name of

the government you are looking for then click “Search”

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JAMES CITY SERVICE AUTHORITY

GENERAL CONDITIONS OF THE DESIGN-BUILD CONTRACT

TABLE OF CONTENTS

SECTION 1. DEFINITIONS

SECTION 2. INDEMNITY PROVISION

SECTION 3. LAWS, REGULATIONS, PERMITS, AND IMMIGRATION LAW

SECTION 4. CONTRACTORS’ AND SUBCONTRACTORS’ INSURANCE

SECTION 5. “ALL RISK” BUILDER’S RISK INSURANCE

SECTION 6. CONTRACT SECURITY

SECTION 7. ARCHITECT/ENGINEER’S STATUS

SECTION 8. EMPLOYMENT AND CONDUCT OF PERSONNEL

SECTION 9. EMPLOYMENT DISCRIMINATION BY CONTRACTOR PROHIBITED

SECTION 10. SUBCONTRACTORS

SECTION 11. CONDITIONS AT SITE

SECTION 12. SURVEYS AND LAYOUT

SECTION 13. DRAWINGS AND SPECIFICATIONS

SECTION 14. SCHEDULE OF THE WORK

SECTION 15. PROJECT MEETINGS

SECTION 16. TIME FOR COMPLETION

SECTION 17. SUPERINTENDENCE BY CONTRACTOR

SECTION 18. CONSTRUCTION SUPERVISION

SECTION 19. ACCESS TO WORK

SECTION 20. STANDARDS FOR MATERIAL INSTALLATION AND WORKMANSHIP

SECTION 21. SUBMITTALS

SECTION 22. EQUALS

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SECTION 23. INSPECTION AND INDEPENDENT TESTING

SECTION 24. USE OF PREMISES AND REMOVAL OF DEBRIS

SECTION 25. PROTECTING PERSONS AND PROPERTY

SECTION 26. DAMAGES TO THE WORK AREA

SECTION 27. CHANGES IN THE WORK

SECTION 28. PAYMENT FOR WORK

SECTION 29. LIQUIDATED DAMAGES

SECTION 30. INSPECTION FOR SUBSTANTIAL COMPLETION AND FINAL ACCEPTANCE

SECTION 31. WARRANTY OF MATERIAL AND WORKMANSHIP

SECTION 32. GUARANTEE OF WORK

SECTION 33. STOP WORK ORDER

SECTION 34. TERMINATION OF CONTRACT FOR CAUSE

SECTION 35. TERMINATION FOR CONVENIENCE OF JCSA

SECTION 36. PROJECT SIGN(S)

SECTION 37. ASSIGNMENTS

SECTION 38. CONTRACTUAL DISPUTES

SECTION 39. PATENTS

SECTION 40. ASBESTOS

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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JAMES CITY SERVICE AUTHORITY

GENERAL CONDITIONS OF THE DESIGN-BUILD CONTRACT SECTION 1. DEFINITIONS Whenever used in these General Conditions of the Design-Build Contract or in the Contract Documents, the following terms have the meanings indicated, which are applicable to both the singular and plural and the male and female gender thereof, and where applicable to any other legal entity such as a corporation, partnership, limited liability company, etc. The section and paragraph headings are inserted for convenience only. Architect, Engineer, Architect/Engineer or A/E: The term used to designate the duly Virginia licensed persons or entities designated by the Contractor to perform and provide the Architectural and Engineering design and related services in connection with the Work. Authority or JCSA or Owner: The James City Service Authority, or its authorized representative. Change Order: A document issued by the JCSA on or after the effective date of the Contract which is agreed to by the Contractor and approved by the JCSA, and which authorizes an addition, deletion, or revision in the Work, including any adjustment in the GMP and/or the Time for Completion. County: Refers to the County of James City, Virginia. County Code: Refers to the Code of the County of James City, as amended. JCSA Engineer: The JCSA Engineer or his authorized representative. Code of Virginia: Refers to the Code of Virginia (1950), as amended. (Sometimes referred to as Va. Code or Virginia Code.) Construction: The term used to include new construction, reconstruction, renovation, restoration, major repair, demolition and all similar work upon JCSA water infrastructure, including any draining, dredging, excavation, grading or similar work upon real property. Contract: The written agreement between the JCSA and Design-Build Contractor concerning the performance of the Work and consisting of the Contract Documents. Contract Documents: The Contract between JCSA and Design-Build Contractor signed by the JCSA and the Contractor and any documents expressly incorporated therein. These documents include, but are not limited to, the Request for Proposal, the Contract, the Bonds or other Security, the Escrow Agreement, the General Conditions, Supplemental General Conditions, Special Conditions, the Specifications, Addenda or Change Orders, the Plans and Drawings, any Supplemental Drawings, and any additional documents incorporated by reference in the above. In the event of conflicts among the Contract Documents, the Contract Documents shall take precedence in the following order: the Contract between JCSA and Contractor; the Supplemental General Conditions; the General Conditions; the Special Conditions; the approved specifications with attachments; and the approved plans. Contract Completion Date: The date by which the Work must be Substantially Complete. The Contract Completion Date is customarily established in the Notice to Proceed, based on the Time for

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Completion. In some instances, however, the Contract contains a mandatory Contract Completion Date, which shall be stated in the Request for Proposal. Contractor or Design-Build Contractor: The person or entity with whom the JCSA has entered into a contract to do the Work on a design-build basis. Contract Price: The total compensation payable to the Contractor for performing the Work, subject to modification by Change Order. [Not used in Contract with GMP.] Date of Commencement: The date as indicated in the written Notice to Proceed, the receipt of the earliest Building Permit, or a date mutually agreed to between the JCSA and Contractor in writing, whichever is the latest. Day(s): Calendar day(s) unless otherwise noted. Defect, Defective, or Deficient: An adjective or noun which when modifying or referring to the word Work refers to Work or any part thereof that is improper, unsatisfactory, faulty, does not conform to the Contract Documents, or does not meet the requirements of any inspections, standards, tests, or approvals referred to in the Contract Documents. Design-Build Proposal: The Technical Proposal and the Cost Proposal including modifications submitted by the Design-Build Contractor in response to the JCSA’s RFP setting forth the design concepts, design criteria, pricing requirements, and other conditions of the Work to be performed. Document(s): This term includes, but is not limited to: writings, drawings, items on which words, symbols, or marks are recorded; electronic data of any type; videotapes, recordings, photographs and negatives, digital or otherwise; and any other form of data, writing, or information compilation, however recorded or stored, and regardless of physical form or characteristics. Drawing: A page or sheet of the Plans which presents a graphic representation, usually drawn to scale, showing the technical information, design, location, and dimensions of various elements of the Work. The graphic representations include, but are not limited to, plan views, elevations, transverse and longitudinal sections, large and small scale sections and details, isometrics, diagrams, schedules, tables and/or pictures. Emergency: Any unforeseen situation, combination of circumstances, or a resulting state that poses imminent danger to health, life, or property. Field Order: A written order issued by the A/E that clarifies the requirements of the Contract by giving a more complete expression of the drawings or specifications or other documents without any change in the design, the GMP, or the Time for Completion. Final Acceptance: The JCSA’s acceptance of the project from the Contractor upon confirmation from the JCSA Engineer and the Contractor that the project is apparently complete in accordance with the Contract requirements. General Manager: The Authority’s General Manager or authorized representative. Guaranteed Maximum Price (“GMP”): The amount established as the total maximum amount payable to the Contractor absent a Change Order. HRSD: The Hampton Roads Sanitation District.

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Notice: All written notices, demands, instructions, claims, approvals, and disapprovals required to obtain compliance with the Contract requirements. Any written notice by either party to the Contract shall be sufficiently given if delivered to or at the last known business address of the person, firm, or corporation constituting the party to the Contract, or to his, her, their, or its authorized agent, representative, or officer. Notice to Proceed: A written notice given by the JCSA at the JCSA’s discretion to the Contractor (with a copy to A/E) fixing the date on which the Contract time will commence for the Contractor to begin the prosecution of the Work in accordance with the requirements of the Contract Documents. Person: This term includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. Plans: The term used to describe the group or set of project-specific drawings prepared by the A/E and acceptable to the JCSA that describe the proposed Work in sufficient detail and provide sufficient information for the Building Official to determine code compliance and for the Contractor to perform the Work and which are included in the Contract Documents. Project Inspector: One or more individuals employed by the JCSA to inspect the Work and/or to act as Resident Inspector to the extent required by the JCSA. The JCSA shall notify the Contractor of the appointment of such Project Inspector(s). Project Manager: The JCSA’s designated representative on the Project. The Project Manager shall be the person through whom the JCSA generally conveys written decisions and notices. Provide: Shall mean to furnish and install ready for its intended use. Purchasing Office: The County’s purchasing department, which handles procurement for the Authority. Site or Jobsite: Shall mean the location or locations at which the Work is performed or is to be performed. Specifications: The part of the Contract Documents prepared by the A/E and acceptable to the JCSA that contain the written design parameters and the technical descriptions of materials, equipment, construction systems, standards, and workmanship describing the Work in sufficient detail and providing sufficient information for the Building Official to determine code compliance and for the Contractor to perform the Work. (The General Conditions, any Supplemental General Conditions, various proposal information and instructions, and blank copies of various forms to be used during the execution of the Work are usually bound with the Specifications.) Subcontractor: A person having a direct contract with the Contractor or with any other Subcontractor for the performance of the Work. It includes one who provides on-site labor, but does not include one who only furnishes or supplies material for the Work. Submittals: All drawings, diagrams, illustrations, brochures, schedules, samples, electronic data and other data required by the Contract Documents that are specifically prepared by or for the Contractor, Subcontractor, or Supplier, and submitted by the Contractor to illustrate the material, equipment, or layouts, or some other portion of the Work. Substantial Completion: The date certified by the JCSA Engineer when construction is sufficiently complete, in accordance with the Contract Documents, so the JCSA can occupy or utilize the Work or designated portion thereof for the purposes for which it is intended.

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Supplemental General Conditions: The part of the Contract Documents that amends or supplements the General Conditions. Supplier: A manufacturer, fabricator, distributor, materialman, or vendor who provides only material or supplies for the project, but does not provide on-site labor. Time for Completion: The number of consecutive calendar days following the Date of Commencement that the Contractor has to substantially complete all Work required by the Contract. Utilities: Utilities include all public and private lines, cables, conduit, pipelines, and appurtenances, whether underground, on the surface, and/or aerial, that may exist on the project site and/or adjoining public streets and/or rights-of-way for the purpose of providing communications, gas, petroleum, electricity, water, sanitary sewer, storm sewer, drainage, energy, signals, or lighting service to the site or adjoining properties. VDOT: The Virginia Department of Transportation, or designated representative. Work or Project: The entire completed construction or the various separately identifiable parts thereof as required by the Contract Documents, and all of which shall be provided by Contractor within the GMP. Work is the result of performing services, furnishing labor, and furnishing and incorporating material and equipment into the construction. SECTION 2. INDEMNITY PROVISION 2.1 Indemnity: Contractor shall indemnify and hold harmless JCSA, and its officers, agents,

consultants, representatives, and employees against any and all liability, losses, damages, claims, causes of action, suits of any nature, costs, and expenses, including reasonable attorney’s fees, resulting from or arising out of Contractor’s or its employees, agents, or subcontractors actions, activities, or omissions, negligent or otherwise, on or near JCSA’s property or easement or arising in any way out of or resulting from any of the work to be provided under this Contract, or by or in consequence of any neglect in safeguarding the Work, or through the use of unacceptable materials in the Work, and this includes, without limitation, any fines or penalties, violations of federal, state, or local laws or regulations, personal injury, wrongful death, or property damage claims or suits, breach of contract claims, indemnity claims, and any other damages, losses, and/or claims of any type.

2.2 Hazardous Material: While on JCSA’s property or easement and in its performance of this

Contract, Contractor shall not transport, dispose of or release any hazardous substance, material, or waste, except as necessary in performance of its Work under this Contract and in any event Contractor shall comply with all federal, state, and local laws, rules, regulations, and ordinances controlling air, water, noise, solid wastes, and other pollution, and relating to the storage, transport, release, or disposal of hazardous material, substances or waste. Regardless of JCSA’s acquiescence, Contractor shall indemnify and hold JCSA, and its officers, agents, and employees harmless from all costs, claims, damages, causes of action, liabilities, fines or penalties, including reasonable attorney’s fees, resulting from Contractor’s violation of this paragraph and agrees to reimburse JCSA for all costs and expenses incurred by JCSA in eliminating or remedying such violations. Contractor also agrees to reimburse JCSA and hold JCSA, and its officers, agents, and employees harmless from any and all costs, expenses, attorney’s fees and all penalties or civil judgments obtained against the JCSA as a result of Contractor’s use or release of any hazardous substance or waste onto the ground, or into the water or air from or upon JCSA’s premises. (See also Section 20.2 of these General Conditions.)

2.3 Patents: The Contractor shall protect, indemnify, and hold harmless the JCSA from any and

all demands for fees, claims, suits, actions, causes of action, or judgments based on the

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alleged infringement or violation of any patent, invention, article, trademark, arrangement, or other apparatus that may be used in the performance of the Contract or the Work.

SECTION 3. LAWS, REGULATIONS, PERMITS, AND IMMIGRATION LAW 3.1 Regulations: The Contractor shall fully comply with all local, state, and federal ordinances,

laws, and regulations, including without limitation all applicable building and fire code sections of the Occupational Safety and Health Act (OSHA), and the Virginia Uniform Statewide Building Code, and obtain all required licenses and permits, including business license, building permits, and pay all charges and expenses connected therewith. Contractor further agrees that Contractor does not, and shall not during the performance of this Contract, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986.

3.2 Permits: The Contractor shall, at its sole cost, obtain all required permits from the appropriate

authorities, including a Land Use Permit, or other approval from the Virginia Department of Transportation (VDOT). Contractor shall obtain any additional separate surety in accordance with the requirements of VDOT or other County or JCSA approvals, together with any other documents and/or items that may be required by the County No delay or extension of time or any claim for additional compensation of any type shall be granted for failure to obtain any required permits. The Contractor shall pay for all fees and charges necessary for temporary access and public right-of-way blockage or use, for temporary connections to utilities and for the use of property (other than the Site) for storage of materials and other purposes unless otherwise specifically stated in the Contract Documents.

3.3 Litter: In accordance with the Virginia Anti-Litter Law, receptacles sufficient to contain

workmen’s litter and construction wastes capable of being spread by wind or water shall be located on the construction site. The number and size of receptacles required shall be determined by the Contractor.

3.4 Asbestos License: The Contractor, if not licensed as an asbestos abatement contractor,

shall have all asbestos related work performed by subcontractors who are duly licensed as asbestos contractors as appropriate for the work required.

3.5 If the Contractor violates laws or regulations that govern the Work, the Contractor shall take

prompt action to correct or abate such violation and shall indemnify and hold harmless JCSA, and its officers, agents, and employees against any fines and/or penalties that result from such violation. To the extent that such violation is the result of negligence or other actionable conduct of the Contractor, the Contractor shall indemnify and hold harmless JCSA, and its officers, agents, and employees against any third party claims, suits, awards, actions, causes of action or judgments, including but not limited to attorney’s fees and costs incurred thereunder, that arise or result from such violation.

3.6 It is understood that, except as otherwise specifically stated in the Contract Documents, the

Contractor, either directly or through his Subcontractors, shall provide and pay for all material, labor, tools, equipment, water, light, power, telephone and other services or facilities of every nature whatsoever necessary to execute completely and deliver the Work within the Time for Completion or before the Contract Completion Date.

3.9 The Contractor shall provide temporary facilities including the Contractor’s office space, toilet

facilities, and storage space, as required for the operations and the protection of the material and work. Number, sizes, and locations shall be subject to approval of the JCSA.

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SECTION 4. CONTRACTOR’S AND SUBCONTRACTOR’S INSURANCE Neither the Contractor nor any subcontractor shall commence work under this Contract until the Contractor has obtained and provided proof of the insurance required under this Section to the JCSA, and such proof has been approved by the JCSA. The Contractor warrants to the JCSA that all subcontractors have provided the Contractor with proof of insurance, or will do so prior to commencing any work under this Contract. The Contractor further warrants that proof of coverage as provided to the JCSA responds on a primary basis in the event of an uninsured or underinsured subcontractor. All such insurance shall be primary and non-contributory to any insurance or self-insurance the JCSA may have in force. 4.1 For All Contracts, the following minimum insurance requirements apply:

a. Workers’ Compensation and Employers’ Liability:

The Contractor shall obtain and maintain the following limits:

Workers’ Compensation: Statutory coverage for Virginia

Employers’ Liability: $100,000 Bodily Injury by Accident each occurrence $500,000 Bodily Injury by Disease Policy Limit $100,000 Bodily Injury by Disease each employee

b. Commercial General Liability:

Coverage is to be written on an “occurrence” basis and such coverage shall include broad form extension endorsements for both liability and property damage.

Completed Operations coverage will be required to be maintained for the life of the Contract.

For Limits of Liability see Sections 4.2 and 4.3 of these General Conditions.

c. Automobile Liability:

Limits for vehicles owned, non-owned, hired or borrowed shall not be less than: • $1,000,000 Bodily Injury and Property Damage combined single limit per

occurrence. (add: with applicable endorsement to cover waste cargo, if transporting hazardous materials).

d. Additional Insurance Requirements:

Additional specific insurance coverage minimum requirements to be provided by the Contractor may include the following or as detailed in the Supplemental General Conditions or in other Contract Documents: 1) Builder’s Risk: At the discretion of the JCSA, the Contractor, at its cost, shall

obtain and maintain in the names of the JCSA and the Contractor “all-risk” builders risk insurance (if approved by the JCSA) upon the entire structure or structures on which the Work of this Contract is to be done and upon all

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material in or adjacent thereto or those that are “off-site” but which are intended for use thereon, to one hundred percent (100%) of the completed value thereof.

2) Property Coverage: Installation Floater (and Rigger’s Form, if applicable) will

be required for the installation of contents or equipment, coverage will begin with supplier and continue until equipment/contents has been fully installed. Floater will be valued for the replacement cost value of equipment/contents including all costs. The Contractor shall provide coverage for portions of the work stored off-site after written approval of the JCSA at the value established in the approval and for portions of the work in transit.

3) Special Hazards: In the event special hazards are evident in the work

contemplated, or if required by the Contract Documents, the Contractor shall obtain and maintain during the life of the Contract a rider to the policy or policies required, in an amount not less than that stipulated under the above Paragraphs. Should any unexpected special hazards be encountered during the performance of this Contract, the Contractor shall, prior to performing any work involving the special hazard, immediately obtain this insurance as instructed by the JCSA. In the event the special hazard requiring the additional coverage was not a part of the original proposal, the expense of such insurance shall be reimbursed to the Contractor by the JCSA, otherwise the Contractor shall assume full responsibility for the purchase with no charge back to the JCSA.

4) Term: Insurance shall remain in effect for the term of the Contract and/or until

final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective work.

5) Limit of Liability: Nothing contained in these insurance requirements is to be

construed as limiting the liability of the Contractor or the Contractor’s insurance carriers. The JCSA does not in any way represent that the coverages or the limits of insurance specified is sufficient or adequate to protect the Contractor’s interests or liabilities, but are merely minimums. The obligation of the Contractor to purchase insurance herein shall not in any way limit the obligation of the Contractor in any event and/or in the event that the JCSA should suffer an injury or loss in excess of the amount recoverable through insurance.

6) Asbestos: The Asbestos Contractor or Subcontractor, as the case may be,

shall provide occurrence-based liability insurance with asbestos coverages if not covered by Pollution insurance, in an amount not less than $1,000,000 and shall name the following as additional insureds: The JCSA of James City, Virginia, its officers, and its employees and its agents; the Architect/Engineer (if not the Asbestos Project Designer); and the Contractor (where the asbestos work is being performed by the Asbestos Subcontractor).

4.2 Contracts of $100,000 or More: The following minimum insurance requirements apply in

addition to the above requirements:

a. Limits of Liability: For the Commercial General Liability policy:

• $2,000,000 general aggregate • $1,000,000 products/completed operations aggregate

• $1,000,000 personal and advertising injury • $1,000,000 each occurrence

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Coverage is to be written on an “occurrence” and “per project” basis and such coverage shall include: b. Umbrella Liability Insurance:

This coverage shall be written for minimum limit of:

• $5,000,000 each occurrence for Personal and Bodily Injury and Property Damage This Policy shall apply in excess and follow the form of employer’s liability, commercial general liability, and auto liability.

4.3 Contracts Less Than $100,000: The following minimum insurance limits apply unless

specified otherwise in the Supplemental General Conditions:

a. Limits of Liability: For the Commercial General Liability policy: • $1,000,000 general aggregate

• $1,000,000 products/completed operations aggregate • $1,000,000 personal and advertising injury

• $1,000,000 each occurrence

4.4 The Architect/Engineer responsible for the design portion of the Work shall obtain and maintain in force during the contract period and for a period of 5 years after the final completion of the Work professional liability and errors and omission insurance in the amount of $1,000,000 per claim occurrence and $3,000,000 aggregate combined claims limit.

4.5 Proof of Insurance Coverage: The policies of insurance required by Sections 4.1, 4.2, 4.3,

or 4.4 shall be purchased from a reputable insurer licensed to do business in Virginia and maintained for the life of the Contract by the Contractor. Other insurance requirements include the following:

a. The Contractor shall furnish the Purchasing Office with the required certificates of

insurance showing the insurer, type of insurance, policy number, policy term, and the amount insured for property coverages and the limits for liability coverages.

b. The Contractor shall not change, cancel, or fail to renew any insurance coverage

without a forty-five (45) day written notice to the Authority. If any insurance coverage is subject to change, cancellation, or non-renewal, the Contractor shall immediately replace such policies and provide documentation of such to the Purchasing Office.

c. The required insurance policies and coverages, excluding those for Workers’

Compensation and Professional Liability, shall name the JCSA and its officers, agents, volunteers and employees as additional insureds, and the certificate of insurance shall show if the policies provide such coverage. Waiver of subrogation is required with respect to any policy of workers’ compensation and employers’ liability insurance required under this Section. The certificate of insurance shall show if the policies provide such waiver. Additional insured and waiver endorsements shall be received by the Purchasing Office from the insurer with the certificate of insurance unless the Purchasing Office agrees to another process. The Purchasing Office may approve other documentation of such insurance coverages. The Certificate Holder should be addressed as follows: JCSA, Attn: General Manager, 119 Tewning Road, Williamsburg, VA 23188.

d. Insurance coverage shall be in a form and with an insurance company approved by

the JCSA which approval shall not be unreasonably withheld. Any insurance company providing coverage under this Contract shall be authorized to do business in Virginia.

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e. Should any required insurance coverage be canceled or materially altered before the

expiration term of the contract, it is the responsibility of the contractor to notify the Purchasing Office of such within thirty (30) days of the effective date of the change.

SECTION 5. “ALL RISK” BUILDER’S RISK INSURANCE 5.1 Contractor-Controlled During Construction: If required by the Contract, the Contractor, at

the Contractor’s cost, shall obtain and maintain in the names of the JCSA and the Contractor “all-risk” builder’s risk insurance (or fire, extended coverage, vandalism and malicious mischief insurance, if approved by the JCSA and the JCSA Engineer) upon the entire building or infrastructure on which the Work of this Contract is to be done and upon all material in or adjacent thereto which is intended for use thereon, to one hundred percent (100%) of the insurable value thereof (i.e. construction costs, soft costs, FF&E, and the residual value of the existing structure to remain). Such insurance may include a deductible provision if the JCSA so provides in the Supplemental General Conditions, in which case the Contractor will be liable for such deductions, whenever a claim arises. The loss, if any, is to be made adjustable with and payable to the JCSA, in accordance with its interests, as they may appear. The JCSA and its officers, employees and its agents, shall be named as an additional insured in any policy of insurance issued. Written evidence of the insurance shall be filed with the Purchasing Office no later than thirty (30) days following the award of the Contract. In the event of cancellation of this insurance, not less than thirty (30) days prior written notice must be sent to the Purchasing Office. A copy of the policy of insurance shall be given to the JCSA or the Purchasing Office upon demand.

5.2 Owner-Controlled During Construction: The JCSA maintains insurance coverage on its

buildings and infrastructure. On re-roofing, renovation, and interior modifications of existing building projects where the Owner continues to occupy the building, or a portion thereof, while the Work is being performed, the Contractor shall provide “all risk” builders risk insurance, as described above, in an amount equal to one hundred percent (100%) of the cost of the Work (i.e. construction costs, soft costs, and FF&E costs). In those instances, the Contract between the Owner and Contractor for the project shall expressly exclude the project from the requirements of Section 5.1. The Contractor is responsible for providing any desired coverage for Contractor’s or Subcontractors’ buildings, equipment, materials, tools or supplies that are on-site.

5.3 The value of the builder’s risk insurance shall exclude the costs of excavations, backfills,

foundations, underground utilities, and sitework. 5.4 Any insurance provided through the JCSA on construction or its infrastructure will not extend

to Contractor’s nor Subcontractors’ buildings, equipment, materials, tools or supplies unless these items are to become property of the JCSA upon completion of the Project and the JCSA has assumed responsibility for such items at the time of the loss.

SECTION 6. CONTRACT SECURITY 6.1 For contracts with a value exceeding five hundred thousand dollars ($500,000), the Contractor

shall deliver to the JCSA or its designated representative, a Contractor’s Performance Bond and a Contractor’s Labor and Material Payment Bond, each fully executed by the Contractor and one or more surety companies legally licensed to do business in Virginia and each in an amount equal to one hundred percent (100%) of the accepted proposal. If more than one Surety executes a bond, each shall be jointly and severally liable to the JCSA for the entire amount of the bond. Sureties shall be selected by the Contractor, subject to approval by the JCSA. No payment on the Contract shall be due and payable to the Contractor until the bonds have been approved by the JCSA. In order to facilitate review of the bonds by the JCSA, the

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power of attorney from the surety company to its agent who executes the bond shall be attached to the bond.

6.2 For the purposes of all Contractor’s Labor and Material Payment Bonds entered into, the term

“subcontractors” as used in § 2.2-4337.A.2. of the Code of Virginia is interpreted to mean any contractors who participated in the prosecution of the Work undertaken by the Contractor (referred to in § 2.2-4337.A.2. of the Code of Virginia as the “prime contractor”), whether such contractor had a direct contract with the Contractor (prime contractor) or whether there were one or more other intervening Subcontractors contractually positioned between it and the Contractor (prime contractor).

6.3 See § 2.2-4338 of the Code of Virginia, for alternative forms of security for payment and/or

performance bonds. 6.4 For contracts with a value of less than five hundred thousand dollars ($500,000), the

Contractor will not be required to provide a Standard Performance Bond and a Standard Labor and Material Payment Bond as described above unless the Request for Proposal states that such bonds will be required.

SECTION 7. ARCHITECT/ENGINEER’S STATUS 7.1 The A/E shall be duly and properly licensed by the Virginia Department of Professional and

Occupational Regulation to provide these services in Virginia. The A/E shall provide the professional services to design the Work in conformance with the applicable standards indicated below.

7.2 The A/E shall have authority to endeavor to secure the faithful performance by the JCSA and

the Contractor of the Work under the Contract. The A/E shall review the Contractor’s Submittals for conformance to the requirements of the Contract Documents and return copies to the Contractor with appropriate notations. The A/E shall interpret the requirements of the plans and specifications and issue Field Orders to the Contractor as may be required. The A/E shall recommend to the JCSA suspension of the Work (in whole or in part) whenever such suspension may be necessary to ensure the proper execution of the Contract. The A/E shall have authority to reject, in writing, Work, including material, installation or workmanship, which does not conform to the requirements of the plans and specifications. The A/E shall determine the progress and quality of the Work, subject to the right of the JCSA to make an overriding decision to the contrary. Upon request by the Contractor, the A/E shall confirm, in writing within fourteen (14) days, any oral order or determination made by him.

7.3 The VDOT “Road & Bridge Specifications,” 2002 edition or later, and VDOT “Road Design

Standards,” 2001 edition or later, are included by reference and shall be used by the Contractor’s A/E as the referenced standards for design of the roads, parking areas, sidewalks, curbs, and other sitework. The latest edition of the HRSD Design and Construction Standards and the JCSA Design and Acceptance Criteria are included by reference and shall be used by the Contractor’s A/E as the referenced standards for design and construction of utility infrastructure.

7.4 The Work shall conform to the requirements of the Virginia Uniform Statewide Building Code,

as adopted and amended by the County Code. The current edition of the Virginia Uniform Statewide Building Code which is in effect at the time the construction documents are submitted to the Building Official for Plumbing Permit shall be the applicable Building Code

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for that phase of the project. 7.5 The A/E shall have no authority to approve or order changes in the Work which alter the

approved plans and specifications which were the basis of the Plumbing Permit without obtaining approval of the Building Official.

7.6 The provisions of this section are included as information only to describe the relationship

between the JCSA, A/E, and Contractor. No failure of the A/E to act in accordance with this section shall relieve the Contractor from the Contractor’s obligations under the Contract or create any rights in favor of the Contractor.

7.7 It is agreed by the A/E and Contractor that five (5) reproducible copies each of the drawings,

tracings, construction plans, specifications, maps, and other documents (including electronic data) prepared or obtained under the terms of the Contract shall be delivered to and become the property of the JCSA, and basic survey notes and sketches, charts, computations, and other data shall be made available, upon request, to the JCSA without restriction or limitation on their use at no additional cost to the JCSA.

SECTION 8. EMPLOYMENT AND CONDUCT OF PERSONNEL 8.1 County Residents: The Contractor is encouraged to try to use County residents, and local,

Small, Minority-Owned, Women-Owned, and Service Disabled Veteran-Owned businesses, when practical.

8.2 Employee Qualifications: Only skilled and reliable workers shall be employed for the Work.

Should any person employed on the Work by the Contractor appear to the JCSA Engineer to be incompetent, unable to perform the Work, or disorderly, such person shall be removed from the Work immediately upon proper notice to the Contractor from the JCSA Engineer and such person shall not again be used for this Contract.

8.3 Superintendence: The Contractor shall have a competent foreman or superintendent,

satisfactory to the JCSA Engineer, on the jobsite at all times during the progress of the Work. The Contractor shall notify the JCSA, in writing, of any proposed change in the foreman or superintendent including the reason therefore prior to making such change.

8.4 Drug-free Workplace: During the performance of this Contract, the Contractor agrees to (i)

provide a drug-free workplace for the Contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Contractor that the Contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purpose of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a Contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the Contract.

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The Contractor shall post a copy of the policy in a conspicuous place at the jobsite and assure that all Contractor, subcontractor, and supplier personnel entering the jobsite are informed of the policy.

SECTION 9. EMPLOYMENT DISCRIMINATION BY CONTRACTOR PROHIBITED Every Contract of over $10,000 to which the JCSA is a party shall contain the provisions in Sections 9.1 and 9.2 herein: 9.1 Nondiscrimination: During the performance of this Contract, the Contractor agrees as

follows:

a. The Contractor will not discriminate against any Subcontractor, employee, or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by State law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

b. The Contractor, in all solicitations or advertisements for employees placed by or on

behalf of the Contractor, will state that such Contractor is an equal employment opportunity employer.

c. Notices, advertisements, and solicitations placed in accordance with federal law, rule,

or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

9.2 Nondiscrimination by Subcontractor or Vendor: The Contractor will include the provisions

of the foregoing Subsections 9.1 (a), (b), and (c) in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor.

SECTION 10. SUBCONTRACTORS 10.1 Licensure: The Contractor shall comply with Title 54.1, Chapter 11, of the Code of Virginia,

with respect to licensure of itself and all subcontractors employed to work on the project. The Contractor warrants that it has verified that all subcontractors hold all required state and local licenses, including State Contractor’s license and County business license. The Contractor shall verify that any additional subcontractors employed to work on the project, subsequent to the initial verification, hold all required state and local licenses, including State Contractor’s license and County business license. Upon request from the JCSA Engineer, the Contractor shall provide documentation of compliance with this Section 10.1. Failure to comply constitutes a material breach of the Contract.

10.2 Change of Subcontractors: Subcontractors shall not be changed without the written

approval of the JCSA Engineer. 10.3 Responsibility for Subcontractors: The Contractor shall not employ any subcontractor that

the JCSA may, within a reasonable time, object to as unsuitable for the project. The Contractor further agrees that it is as fully responsible to the JCSA for the acts and omissions of its subcontractors, suppliers, and invitees on the jobsite and of persons either directly or indirectly

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employed by them, as the Contractor is for the acts and omissions of persons directly employed by it.

10.4 The JCSA shall, on request, furnish to any Subcontractor, if practicable, the amounts of

payments made to the Contractor and Requests for Payment submitted by the Contractor and any other documentation submitted by the Contractor which would tend to show what amounts are due and payable by the Contractor to the Subcontractor.

10.5 The Contractor shall be fully responsible to the JCSA for all acts and omissions of the

Contractor’s agents and employees and all succeeding tiers of Subcontractors and Suppliers performing or furnishing any of the Work. Nothing in the Contract Documents shall create any contractual relationship between the JCSA and any such Subcontractor, Supplier or other person, nor shall it create any obligation on the part of JCSA to pay for or to see to the payment of any moneys due any such Subcontractor, Supplier or other person, except as may otherwise be required by law.

10.6 The Contractor shall be fully responsible for the Contractor’s invitees at the Site and for those

of the Contractor’s Subcontractors, Suppliers, and their employees, including any acts or omissions of such invitees.

10.7 The Contractor agrees that it alone is responsible for all dealings with the Contractor’s

Subcontractors and Suppliers, and their subcontractors, employees and invitees, including, but not limited to, the Subcontractors’ or Suppliers’ claims, demands, actions, disputes and similar matters unless specifically provided otherwise by the Contract or by statute.

10.8 The Contractor shall, as soon as practicable after the signing of the Contract, notify the JCSA

in writing of the names of all Subcontractors proposed for the principal parts of the Work and of such others as the JCSA may direct. Where the specifications establish qualifications or criteria for Subcontractors, manufacturers, or individuals performing Work on the Project, the Contractor shall be responsible for ascertaining that those proposed meet the criteria or qualifications. The Contractor shall not employ any Subcontractor that the JCSA, within a reasonable time, objects to as unsuitable by written notice to the Contractor. The JCSA shall not direct the Contractor to contract with any particular Subcontractor unless provided in the specifications or Request for Proposals.

10.9 The JCSA may select a particular Subcontractor for a certain part of the Work and designate

on the Request for Proposal that the Subcontractor shall be used for the part of the Work indicated and that the Subcontractor has agreed to perform the Work for the subcontract amount stipulated on the proposal form. The Contractor shall include the stipulated amount plus his Contractor markups in the proposal. In such case, the Contractor shall be responsible for that Subcontractor and its work and the Subcontractor shall be responsible to the Contractor for its work just as if the Contractor had selected the Subcontractor. If the Contractor has a reasonable objection to the Subcontractor being assigned, then the Contractor shall note the exception in his bid or proposal and the reason for the exception and maintain appropriate provisions for coordinating the work of the Subcontractor. The JCSA, at its sole discretion, may accept the Contractor’s bid or proposal with the exception noted and contract separately with the Subcontractor or assign a different Subcontractor.

SECTION 11. CONDITIONS AT SITE 11.1 Existing Conditions: The Contractor shall visit the site prior to submitting its proposal and

is responsible for ascertaining pertinent local conditions such as location, accessibility, and general character of the site, and the character and extent of existing improvements and work

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within or adjacent to the site. Claims as a result of failure to do so will not be considered by the JCSA and will be the sole responsibility of the Contractor.

11.2 Hidden Conditions: If, in the performance of the Contract, hidden physical conditions are

exposed revealing unusual or materially different conditions than those ordinarily encountered or inherent in work of this nature, or if subsurface or latent conditions at the site are found which are materially different from those frequently present in the locality, from those indicated in the Contract Documents, or from those inherent in work of the character required by the Contract, the Contractor must report such conditions to the JCSA and to the A/E before the conditions are disturbed. Upon such notice, or upon the A/E’s own observation of such conditions, the A/E will make such changes in the Contract Documents as the A/E finds necessary to conform to the different conditions. Any change in the cost of the Work or the time needed for completion must be requested pursuant to Section 27 of these General Conditions.

11.3 Suspected Hazardous Material: If the Contractor, during the course of the project, observes

the existence of any material that it suspects or knows to be hazardous to human health or the environment, including asbestos cement pipe, the Contractor shall promptly notify the JCSA. The JCSA will provide the Contractor with instructions regarding the situation. The Contractor shall not perform any work involving the material or any work causing the material to be less accessible prior to receipt of special instructions from the JCSA.

SECTION 12. SURVEYS AND LAYOUT 12.1 Surveying Services: All necessary drawings showing as a minimum, property lines, right-of

ways, easements, topographic information, location of existing landmarks (e.g. edge of road, sidewalks, buildings, trees, valves, meter boxes and manhole structures with inverts, etc.) and underground utility locations shall be furnished to the Contractor through the drawings and specifications. The Contractor shall provide competent, licensed surveying and engineering services to verify the given information and to execute the Work in accordance with the Contract requirements and shall be responsible for the accuracy of Contractor’s surveying and engineering services. The Contractor shall immediately notify the A/E and JCSA of any discrepancies and confirm such notice in writing within five (5) calendar days.

12.2 Survey Control: Such general reference points and bench marks on the site as will enable

the Contractor to proceed with the Work will be established in the drawings and specifications. If the Contractor finds that any previously established reference points have been lost or destroyed, the Contractor shall promptly notify the JCSA.

12.3 Damage to Survey Control: The Contractor shall protect and preserve the established

bench marks and monuments and shall make no changes in locations without written notice to and approval from the JCSA. Any of these which may be lost or destroyed or which require shifting because of necessary changes in grades or locations shall, subject to prior approval from the JCSA, be replaced and accurately located by the Contractor.

SECTION 13. DRAWINGS AND SPECIFICATIONS 13.1 The general character and scope of the Work are illustrated by the plans and the specifications

prepared by the A/E. The level of detail shown on the plans and stipulated in the specifications shall be sufficient to clearly demonstrate to the Building Official that the design conforms to the requirements of the VUSBC and CPSM, and the JCSA that the design conforms to the latest edition of the HRSD Design and Construction Standards and the JCSA Design and Acceptance Criteria for utility infrastructure. The Contractor shall carry out the Work in accordance with the plans and specifications and any additional detail drawings and instructions provided by the A/E.

13.2 Measurements or dimensions shown on the drawings for Site features, utilities and structures

shall be verified at the Site by the Contractor before commencing the Work. The Contractor

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shall not scale measurements or dimensions from the drawings. If there are discrepancies, the A/E shall be consulted. If new Work is to connect to, match with or be provided in existing Work, the Contractor shall verify the actual existing conditions and necessary dimensions prior to ordering or fabrication.

13.3 As-Built Drawings: The Contractor shall maintain at the site for the JCSA one copy of all

drawings, specifications, addenda, approved shop or setting drawings, Change Orders, and other modifications (collectively referred to herein as “As-Built Drawings”) in good order and marked to record all changes as they occur during construction. These shall be available to the JCSA, the Project Inspector, the JCSA’s other inspectors, and to the JCSA’s testing personnel. The drawings shall be neatly and clearly marked in color during construction to record all variations made during construction. The representation of such variations shall include such supplementary notes, symbols, legends, and details as may be necessary to clearly show the as-built construction.

13.4 Record Drawings: Upon completion of the Work and prior to the final inspection, the

Contractor shall deliver to the JCSA one complete set of “As-Built Drawings” in reproducible form and in electronic format (AutoCAD or Revit) and PDF format.

SECTION 14. SCHEDULE OF THE WORK 14.1 Scheduling: The Contractor is responsible for the sequencing, scheduling, and coordinating

of the Work, for monitoring the progress of the Work, and for taking appropriate action to keep the Work on schedule. The Contractor is responsible for coordinating the Contractor’s work on the Project with any other work being carried on by the JCSA or by other JCSA consultants or contractors at the site or for the Project. The Contractor shall prepare and submit to the JCSA Engineer a schedule for accomplishing the Work based upon the completion time stated in the Contract and submit such to the JCSA Engineer at the pre-construction conference. No progress payments will be made to the Contractor until after Contractor has submitted a schedule which is acceptable to the JCSA Engineer. All schedules under Section 14 shall be in both paper and electronic form unless otherwise directed by the JCSA Engineer.

14.2 Within two (2) weeks after the Contractor signs the Contract, unless otherwise extended by

the JCSA at the time of the signing, the Contractor shall prepare and submit to the JCSA a preliminary bar graph schedule for accomplishing the Work based upon the Time for Completion. The preliminary schedule shall be in sufficient detail to show the sequencing of the Work. The JCSA will notify the Contractor of its acceptance of or objections to the preliminary schedule within fifteen (15) days of receipt by the JCSA. A fully complete Project schedule for accomplishing the Work must be submitted in like manner no later than sixty (60) days after the Contract is signed by the JCSA.

14.3 The JCSA’s failure to reject, or its acceptance of, any schedule, graph, chart, recovery

schedule, updated schedule, plan of action, etc. shall not constitute a representation or warranty by the JCSA, including but not limited to a representation or warranty that the schedule is feasible or practical nor shall any such acceptance or failure to reject relieve the Contractor from sole responsibility for completing the Work within the time allowed.

14.4 No progress payments will be payable to the Contractor until after it has submitted a

preliminary schedule that is accepted by the JCSA. Neither the second progress payment nor any subsequent payment shall be payable to the Contractor until it has submitted a fully complete Project schedule accepted by the JCSA. Nor shall subsequent progress payments be payable to the Contractor unless and until it submits the monthly bar graphs or status reports required by Section 14.9 herein or unless and until he provides any recovery schedule pursuant to Section 14.10 herein.

14.5 Failure to provide a satisfactory preliminary or fully complete Project schedule within the time

limits stated above shall be a breach of the Contract for which the JCSA may terminate the Contract in the manner provided in Section 34 of these General Conditions.

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14.6 The fully complete Project schedule for accomplishing the Work shall be of the type set forth

in subparagraph (1) or (2) below, as appropriate:

(1) For Contracts with a price of $1,500,000 or less, a bar graph schedule will satisfy the above requirement. The schedule shall indicate the estimated starting and completion dates for each major element of the work. See (14.7) below.

(2) For Contracts with a price over $1,500,000, a Critical Path Method (CPM) schedule shall be utilized to control the planning and scheduling of the Work. The CPM schedule shall be the responsibility of the Contractor and shall be paid for by the Contractor. See (14.8) below.

14.7 Bar Graph Schedule: Where a bar graph schedule is required, it shall be time-scaled in

weekly increments, shall indicate the estimated starting and completion dates for each major element of the Work by trade and by area, level, or zone, and shall schedule dates for all salient features, including but not limited to the placing of orders for materials, submission of shop drawings and other Submittals for approval, approval of shop drawings by the A/E, the manufacture and delivery of material, the testing and the installation of materials, supplies and equipment, and all Work activities to be performed by the Contractor. The Contractor shall allow sufficient time in his schedule for the A/E to conduct whatever associated reviews or inspections may be required under the A/E’s contract with the Contractor. Each Work activity will be assigned a time estimate by the Contractor. One day shall be the smallest time unit used. It is the Contractor’s responsibility to submit a schedule that shows Substantial Completion of the Work by the Time for Completion or the Contract Completion Date and any interim deadlines established by the Contract.

14.8 CPM Schedule: Where a CPM schedule is required, it shall be in the time-scaled precedence

format using the Contractor’s logic and time estimates. The CPM schedule shall be drawn or plotted with activities grouped or zoned by Work area or subcontract as opposed to a random (or scattered) format.

The CPM schedule shall be time-scaled on a weekly basis and shall be drawn or plotted at a level of detail and logic that will schedule all salient features of the Work, including not only the design and permitting activities and actual construction for each trade, but also the submission of shop drawings and other Submittals for approval, approval of shop drawings by the A/E, placing of orders for materials, the manufacture and delivery of materials, the testing and installation of materials and equipment, and all Work activities to be performed by the Contractor. Failure to include any element of the Work required for the performance of this Contract shall not excuse the Contractor from completing all work required within the Time for Completion, Contract Completion Date, and any interim deadlines established by the Contract.

The Contractor shall allow sufficient time in the schedule for the A/E to conduct all associated reviews or inspections as may be required. Each Work activity will be assigned a time estimate by the Contractor. One day shall be the smallest time unit used.

It is the Contractor’s responsibility to submit a schedule that shows Substantial Completion of the Work by the Time for Completion or the Contract Completion Date, and any interim deadlines established by the Contract.

When completed, the CPM schedule shall be submitted to the JCSA for review and approval. The CPM schedule will identify and describe each activity, state the duration of each activity, the calendar dates for the early and late start and the early and late finish of each activity, and clearly highlight all activities on the critical path.

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14.9 Progress: The Contractor shall review the progress of the Work not less than each month, but as often as necessary to properly manage the Work and stay on schedule. The Contractor shall collect and preserve information on Change Orders, including extensions of time. The Contractor shall evaluate this information and update the schedule monthly to finish within the contractually allowed time. The Contractor shall submit the updated schedule with each progress payment request. The scheduled completion date shall be within the period of time allowed by the Contract for completion of construction, except as amended by any Change Orders. Where applicable, the Contractor shall submit to the JCSA a copy of the bar graph schedule annotated to show the current progress along with the monthly request for payment. For projects requiring a CPM schedule, the Contractor shall submit a monthly report of the status of all activities. The bar graph schedule or monthly status report submitted with each periodic request for payment shall show the Work completed to date in comparison with the Work scheduled for completion, including but not limited to the dates for the beginning and completion of the placing of orders, and the manufacture, testing, and installation of materials, supplies, and equipment. The form shall be approved by the JCSA; however, a bar graph or a CPM schedule marked, colored, or annotated to reflect the above will usually satisfy this requirement. If any elements of the Work are behind schedule, regardless of whether they may prevent the Work from being completed on time, the Contractor must indicate in writing in the report what measures it is taking and plans to take to bring each such element back on schedule and to ensure that the Time for Completion or Contract Completion Date is not exceeded.

14.10 Delay and Recovery Schedule: Should there be any delay, the JCSA Engineer may require

the Contractor to prepare, without increase to the GMP, a plan of action and a recovery schedule for completing the Work by the Time for Completion or the Contract Completion Date. Any of the following shall constitute a delay requiring a plan of action and recovery schedule:

(1) The Contractor’s monthly project report indicates delays that are, in the opinion of the

JCSA, of sufficient magnitude that the Contractor’s ability to complete the Work by the Time for Completion or the Contract Completion Date is brought into question;

(2) The CPM schedule, sorted by early finish, shows the Contractor to be thirty (30) or more days behind the critical path schedule at any time during construction up to thirty (30) days prior to scheduled Substantial Completion date;

(3) The Contractor desires to make changes in the logic (sequencing of Work) or the planned duration of future activities of the CPM schedule which, in the opinion of the A/E or the JCSA, are of a major nature.

The plan of action and recovery schedule shall explain and display how the Contractor intends

to regain compliance with the original schedule. The plan of action and recovery schedule, when required, shall be submitted to and approved by the JCSA Engineer prior to the Contractor’s submission of the next monthly construction estimate. The JCSA may withhold progress payments until such schedule is submitted and approved.

14.11 Early Completion of Project: The Contractor may attempt to achieve Substantial Completion

on or before the Time for Completion or the Contract Completion Date. However, such planned early completion shall be for the Contractor’s convenience only and shall not create any additional rights of the Contractor or obligations of the JCSA under this Contract, nor shall it change the Time for Completion or the Contract Completion Date. The Contractor shall not be required to pay damages to the JCSA because of its failure to achieve Substantial Completion by its planned earlier date. Likewise, the JCSA shall not pay the Contractor any additional compensation for achieving Substantial Completion early nor will the JCSA owe the Contractor any compensation should the JCSA, its officers, employees, or agents cause the

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Contractor not to achieve Substantial Completion earlier than the date required by the Contract Documents.

If the Contractor seeks to change the Time for Completion or the Contract Completion Date

to reflect an earlier completion date, he may request or propose such a change. The JCSA may, but is not required to, accept such proposal. However, a change in the Time for Completion or the Contract Completion Date shall be accomplished only by Change Order. If the Contractor’s proposal to change the Time for Completion or the Contract Completion Date is accepted, a Change Order will be issued stating that all references in the Contract, including these General Conditions, to the Time for Completion or the Contract Completion Date shall thereafter refer to the date as modified, and all rights and obligations, including the Contractor’s liability for actual damages, delay damages and/or liquidated damages, shall be determined in relation to the date, as modified.

14.12 Blackout Dates. Not used. SECTION 15. PROJECT MEETINGS/COMMUNICATION 15.1 The intention of this Section is that the Contractor and the JCSA have timely exchange of

information and cooperate to accomplish the Work as required by the Contract Documents. The Contractor is responsible for managing the Work, obtaining approvals and requesting clarifications on a timely, reasonable basis. The JCSA is responsible for making a reasonable effort to provide timely responses to the Contractor.

15.2 Preconstruction Meeting: Prior to the start of construction and no later than fourteen (14)

calendar days after the Notice to Proceed, a “Preconstruction” meeting shall be held with attendees to include the Project Manager and Project Inspector, the A/E’s project manager and representatives of each design discipline involved in the Project, the Contractor’s project manager and superintendent (and scheduler, if Contractor desires), and representatives of the Contractor’s major Subcontractors. The purpose of the meeting is to clarify and discuss the specifics related to, but not limited to, the following: (1) Persons involved from each entity and their chain of authority including the names of persons authorized to sign Change Orders and any limits to their authority. Name of Contractor’s on-site certified Responsible Land Disturber.

(2) Names, addresses, telephone numbers and FAX numbers to be used for Requests for Information (RFI), Requests for Clarification (RFC), Requests for Proposals (RFP), shop drawings, Submittals, and notices.

(3) The Contractor’s proposed construction schedule and the JCSA’s sequencing requirements, if any.

(4) Procedures for shop drawings, product data and Submittals. (5) Procedures for handling Field Orders and Change Orders. (6) Procedures for the Contractor’s requests for time extension, if any. (7) Construction Site requirements, procedures and clarifications to include:

- Manner of conducting the Work

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- Site specialties such as dust and erosion control, stormwater management, project signs, clean up and housekeeping, temporary facilities, utilities, security, and traffic

- Quality control, testing, inspections and notices required - Site visits by the A/E and others - Project Inspector duties

(8) Procedures and documentation of differing or unforeseen Site conditions (9) Monthly Pay Requests (10) Assignment of responsibility for generation of meeting minutes of all project meetings. (11) Project Close-Out requirements and procedures (12) Project records

15.3 Bi-weekly Meeting: In addition to the JCSA and Contractor representatives, the following

representatives, at a minimum, should be available to attend portions of the meeting, as applicable or necessary:

o Project Inspector o Contractor’s project superintendent o A/E representative o JCSA Project Manager

The following topics should be included, as a minimum, in the bi-weekly meeting:

(1) Observations of status, quality, and workmanship of Work in progress (2) Conformance with proposed construction schedule (3) Outstanding Requests for Information, Requests for Clarification and Requests for Proposal (4) Submittals with action pending (5) Status of pending Change Orders (6) Status of Running Deficiencies (7) Discussions of any problems or potential problems which need attention

15.4 Other Meetings: Requirements for other meetings, such as progress meetings, coordination

meetings, pre-installation meetings and/or partnering meetings, may be included in the Contract Documents.

15.5 Communications: All notices due the JCSA and all information required to be conveyed to

the JCSA shall be conveyed to the Project Manager. The scope of the Project Manager’s authority is limited to that authorized by the JCSA. The Contractor shall be on notice that it cannot rely on any decisions of the Project Manager outside the scope of his or her authority. Nothing herein shall be construed to prevent the JCSA from issuing any notice directly to the

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Contractor. The JCSA may change the Project Manager from time to time and may, in the event that the Project Manager is absent, disabled or otherwise temporarily unable to fulfill his or her duties, appoint an interim Project Manager.

SECTION 16. TIME FOR COMPLETION 16.1 The Time for Completion for the project including any dates for completion of any designated

Phase or Sub-phase shall be as stated in the Design-Build Contract as agreed upon by the JCSA and Contractor, subject to Change Orders or written mutual agreement of JCSA and Contractor. The Work must be substantially completed by the Time for Completion or the Contract Completion Date. Unless otherwise specified, the Contractor shall achieve Final Completion within thirty (30) days after the date of Substantial Completion.

16.2 The Time for Completion shall be stated in the Contract between JCSA and Design-Build

Contractor and shall become a binding part of the Contract upon which the JCSA may rely in planning the use of the facilities to be constructed and for all other purposes. If the Contractor fails to substantially complete the Work within the Time for Completion or Contract Completion Date, as set forth in the Contract, the Contractor shall be subject to payment of actual damages incurred by the JCSA or liquidated damages, if provided for in the Contract.

16.3 The Contractor, in submitting the Contractor’s proposal, acknowledges that the Contractor

has taken into consideration normal weather conditions. Normal weather does not mean statistically average weather, but rather means a range of weather patterns which might be anticipated based on weather data for the past ten (10) years, (i.e., conditions which are not extremely unusual). Normal weather conditions shall be determined from the public historical records available, including the U.S. Department of Commerce, Local Climatological Data Sheets, National Oceanic and Atmospheric Administration / Environmental Data and Information Service, National Climatic Center and National Weather Service. The data sheets to be used shall be those for the locality or localities closest to the site of the work. No additional compensation will be paid to the Contractor because of adverse weather conditions; however, an extension of time for abnormal weather will be considered by the JCSA under the following conditions, all of which must be strictly complied with by the contractor:

a. The request for additional time shall be further substantiated by weather data collected

during the period of delay at the Site. Said data must demonstrate that an actual departure from normal weather occurred at the Site during the dates in question.

b. The extension requested must be supported by a delay in completion of the entire Project shown on the Project Schedule. Extensions will be granted only for delays in completion of the Project.

c. A request for extension of time based on abnormal weather must be made in writing within

fourteen (14) calendar days of the completion of the calendar month during which abnormal weather is claimed at the Site.

d. All of the evidence and data supporting the request (including both historical data and the

recordings at the Site during the time of delay) must be furnished to the JCSA before any consideration will be given to the request. That supporting data shall be submitted by the end of the calendar month following the month for which the request is made.

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16.4 The failure by the Contractor to comply with any and all of the conditions in Section 16.3 shall constitute a waiver of claims for the extension of time for abnormal weather.

16.5 The Contractor represents and agrees that the Contractor has taken into account in the

Contractor’s proposal the requirements of the proposal documents, the Contract Documents, local conditions, availability of materials, equipment, and labor, and any other factors that may affect the performance of the Work. The Contractor agrees and warrants that the Contractor will achieve Substantial Completion of the Work by the Time for Completion or the Contract Completion Date. The Contractor agrees and warrants that the Contractor will achieve Final Completion of the Work (the entire completion of all Work, including “punch list” items), not later than thirty (30) days after achieving Substantial Completion.

SECTION 17. SUPERINTENDENCE BY CONTRACTOR 17.1 The Contractor shall have a competent foreman or superintendent, satisfactory to the JCSA,

on the site at all times during the progress of the Work. The superintendent or foreman shall be familiar with and be able to read and understand the plans and specifications, and be capable of communicating orally and in writing with the JCSA’s inspectors and the Contractor’s workers. The Contractor shall be responsible for all construction means, methods, techniques, sequences and procedures, for coordinating all portions of the Work under the Contract except where otherwise specified in the Contract Documents, and for all safety and worker health programs and practices. The Contractor shall notify the JCSA, in writing, of any proposed change in superintendent, including the reason therefore, prior to making such change.

17.2 The Contractor shall, at all times, enforce strict discipline and good order among the workers

on the Project, and shall not employ on the Project, or contract with, any unfit person, anyone not skilled in the Work assigned to him, or anyone who will not work in harmony with those employed by the Contractor, the Subcontractors, the JCSA, or the JCSA’s separate contractors and their subcontractors.

17.3 The JCSA may, in writing, require the Contractor to remove from the site any employee or

Subcontractor’s employee the JCSA deems to be incompetent, careless, not working in harmony with others on the site, or otherwise objectionable, but the JCSA shall have no obligation to do so.

SECTION 18. CONSTRUCTION SUPERVISION 18.1 The Contractor shall be solely responsible for supervising and directing the Work competently

and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract. The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction and for coordinating all portions of the Work under the Contract, except where otherwise specified in the Contract Documents. The Contractor, in performing as the Design-Build Contractor, shall also be responsible to the JCSA for the design or selection of any specific means, method, technique, sequence or procedure of construction which is indicated in and required by the Contract Documents. The Contractor is solely responsible to the JCSA that the finished Work complies with the Contract Documents.

18.2 The Contractor shall be solely responsible for health and safety precautions and programs for

workers and others in connection with the Work. No inspection by, knowledge on the part of, or acquiescence by the Architect or Engineer, the Project Inspector, the JCSA, the JCSA’s employees and agents, or any other entity whatever shall relieve the Contractor from its sole responsibility for compliance with the requirements of the Contract or its sole responsibility for health and safety programs and precautions.

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18.3 The Contractor shall be fully responsible to the JCSA for all acts and omissions of all

succeeding tiers of A/E’s, Subcontractors, and Suppliers performing or furnishing any of the Work just as the Contractor is responsible for the Contractor’s own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between the JCSA and any Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of the JCSA to pay for or see to payment of any moneys due any such Subcontractor, Supplier, or other person or organization except as may otherwise be required by law.

SECTION 19. ACCESS TO WORK The JCSA, the Project Manager, the JCSA’s inspectors and other testing personnel, inspectors from the County, VDOT, and others authorized by the JCSA, shall have access to the Work at all times. The Contractor shall provide proper facilities for access and inspection. SECTION 20. STANDARDS FOR MATERIAL INSTALLATION AND WORKMANSHIP 20.1 Material and Equipment: Unless otherwise specifically provided in this Contract, all

equipment, material, and accessories incorporated in the Work are to be new and in first class condition. The Contractor shall furnish to the Project Inspector for approval the name of the manufacturer, the model number, and other identifying data and information respecting the performance, capacity, nature, and rating of the machinery and mechanical and other equipment which the Contractor contemplates incorporating in the Work. Machinery, equipment, material, and articles installed or used without required approval may be subject to subsequent rejection by the JCSA.

20.2 Hazardous Substances: Unless specifically approved by the JCSA or required by the

specifications, the Contractor shall not incorporate any material into the Work containing asbestos or any material known by the Contractor to contain a substance known to be hazardous to human health. If the Contractor becomes aware that a material required by the specifications contains asbestos or other hazardous substances, it shall notify the JCSA and the JCSA Engineer immediately and shall take no further steps to acquire or install any such material without first obtaining JCSA approval. (See also Sections 2.2 and 11.3 of these General Conditions.)

20.3 Workmanship: The workmanship shall be of the highest quality found in accordance with

JCSA standards and specifications and the public utility industry generally in every respect. All items of Work shall be done by workmen skilled in the particular task to which they are assigned. In the acceptance or rejection of Work, no allowance will be made for lack of skill on the part of workmen. Poor or inferior workmanship (as determined by the JCSA Engineer, the Project Inspector, or other inspecting authorities) shall be removed and replaced to conform to the highest quality standards of the trades concerned, or otherwise corrected to the satisfaction of the JCSA Engineer, the Project Inspector, or other inspecting authority all at the Contractor’s sole expense.

20.4 Instructions for Installation: Under the various sections of the specifications, where

specified items are supplied with the manufacturer’s printed instructions, recommendations, or directions for installation, or where such instructions, recommendations, or directions are available, installation of the specified items shall be in strict accordance with the manufacturer’s printed instructions unless those instructions contradict the drawings or specifications, in which case the JCSA Engineer will be notified by Contractor for an interpretation and decision.

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20.5 Installation Procedures Without Instructions: Where neither the manufacturer’s printed instructions are available for installation of specific items, nor are specific code or standards given by reference to govern the installation of specific items; and where there is doubt concerning the installation procedures to be followed or the quality of workmanship to be maintained in the installation of specific items, the Contractor shall consult the JCSA Engineer for approval of the installation procedures Contractor proposes to follow or the specific standards governing the quality of workmanship Contractor proposes to maintain during the installation of the items in question.

20.6 Codes and Standards: Under the various sections of the specifications, where reference is

made to specific codes or standards governing the installation of specified items, installation shall in all cases be in strict accordance with the referenced codes and standards. Where no reference is made to specific codes or standards, installation shall conform to the generally recognized applicable standards for first-class installation of the specific item to be installed. Contractors are expected to be proficient and skilled in their respective trades and standards applicable to installations and associated work by its trade and/or that are applicable to the Work.

20.7 Testing: During and/or at the completion of installation of any items, the tests designated in

the plans or specifications necessary to assure proper and satisfactory functioning for its intended purpose shall be performed by the Contractor or by its Subcontractor responsible for the completed installation. All costs for such testing are to be included in the Contract Price. If required by the Contract Documents, the Contractor shall furnish prior to final inspection the manufacturers’ certificates evidencing that products meet or exceed applicable performance, warranty and other requirements, and certificates that products have been properly installed and tested.

SECTION 21. SUBMITTALS 21.1 Electronic copies of all submittals shall be provided to the JCSA when generated. 21.2 Submittals shall be approved by the Design-Build Contractor and its licensed professional

designer for conformance with the required codes, standards, and provisions of the Contract. Three copies of all approved submittals shall be provided to the JCSA. One copy of the “Approved” submittals shall be on file in the construction trailer for use by Project Inspector.

21.3 Any submittal material, assembly, or product which deviates from the approved Construction

Documents shall be submitted to the Project Manager. 21.4 The Work shall be in accordance with approved Construction Documents as detailed by the

approved submittals. SECTION 22. EQUALS 22.1 Brand names: Unless otherwise stated in the Request for Proposals, the name of a certain

brand, make or manufacturer denotes the characteristics, quality, workmanship, economy of operation and suitability for the intended purpose of the article desired, but does not restrict the Contractor to the specific brand, make, or manufacturer; it is set forth to convey to the Contractor the general style, type, character and quality of the article specified.

22.2 Equal materials, equipment or assemblies: Whenever in these Contract Documents, a

particular brand, make of material, device or equipment is shown or specified, such brand, make of material, device or equipment shall be regarded merely as a standard. Any other brand, make or manufacturer of a product, assembly or equipment which in the opinion of the JCSA is the equal of that specified, considering quality, capabilities, workmanship, configuration, economy of operation, useful life, compatibility with design of the Work, and

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suitability for the intended purpose, will be accepted unless rejected by the JCSA as not being equal.

22.3 Substitute materials, equipment or assemblies: The Contractor may propose to substitute

a material, product, equipment, or assembly which deviates from the requirements of the approved plans and specifications but which the Contractor deems will perform the same function and have equal capabilities, service life, economy of operations, and suitability for the intended purpose. The proposal must include any cost differentials proposed. If the proposed substitute is acceptable to the JCSA, a Change Order will be proposed to the Contractor to accept the substitute and to deduct the proposed cost savings from the GMP. The JCSA shall have the right to limit or reject substitutions at its sole discretion.

22.4 The Contractor shall be responsible for making all changes in the Work necessary to adapt

and accommodate any equal or substitute product which it uses. The necessary changes shall be made at the Contractor’s expense.

22.5 Availability of Materials. If a brand name, product, or model number included in the Contract

Documents is not available on the present market, alternate equal products or model numbers may be proposed by the Contractor for approval by the JCSA.

SECTION 23. INSPECTION AND INDEPENDENT TESTING 23.1 Inspection and Testing: All material and workmanship shall be subject to inspection,

examination, and testing by the JCSA Engineer, Project Inspector, Project Manager, authorized inspectors and authorized independent testing entities at any and all times during manufacture and/or construction. The Project Inspector shall have authority to reject defective material and workmanship and require its correction. Rejected workmanship shall be satisfactorily corrected and rejected material shall be satisfactorily replaced with proper material without charge therefore, and the Contractor shall promptly segregate and remove the rejected material from the premises. If the Contractor fails to proceed at once with replacement of rejected material and/or the correction of defective workmanship, the JCSA may, by contract or otherwise, replace such material and/or correct such workmanship and charge the cost to the Contractor, and/or may terminate the right of the Contractor to proceed as provided in Sections 34 or 35 of these General Conditions, the Contractor and surety being liable for any damage to the same extent as provided for in those Sections.

23.2 Payment for Inspection, Testing, and Certification: The Contractor shall pay for all

inspections, tests, and certifications required by the Contract, together with any inspections and tests that it chooses to perform for its own quality control purposes.

23.3 Where Work is related to or dependent on Defective Work, the Contractor shall stop such

related or dependent Work until the Defective Work or deficiency is corrected or an alternative solution is presented that is satisfactory to the JCSA. Where Work is rejected because of Defective material or workmanship, the Contractor shall stop like Work in other areas or locations on the Project until the matter is resolved and the JCSA has approved corrective measures.

23.4 Examination of Completed Work: Should it be considered necessary or advisable by the

JCSA or the JCSA Engineer at any time before final acceptance of the entire Work to make an examination of any part of the Work already completed, by removing or tearing out portions of the Work, the Contractor shall on request promptly furnish all necessary facilities, labor, and material to expose the Work to be tested to the extent required. If such Work is found to be defective in any respect, due to the fault of the Contractor or its Subcontractors, Contractor shall pay for all the expenses of uncovering the Work, of examination and testing, and of satisfactory reconstruction. If, however, such Work is found to meet the requirements of the Contract, the actual cost of the Contractor’s labor and material necessarily involved in uncovering the Work, the cost of examination and testing and Contractor’s cost of material

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and labor necessary for replacement shall be paid to the Contractor and it shall, in addition, if completion of the Work has been delayed thereby, be granted a suitable extension of time. Notwithstanding the foregoing, the Contractor shall be responsible for all costs and expenses in removing and replacing the Work if the Contractor had covered the Work prior to any inspection or test contrary to the instructions of the A/E, JCSA, or Project Inspector.

23.5 Suspension of Work: The JCSA may suspend the Work when in its judgment the drawings

and specifications are not being followed. Any such suspension shall be issued in writing and continued only until the matter in question is resolved to the satisfaction of the JCSA. The cost of any such Work stoppage shall be borne by the Contractor unless it is later determined that no fault existed in the Contractor’s Work.

23.6 Project Inspector: Failure of the Project Inspector to note or require correction of Defective

Work does not relieve the Contractor from its responsibility to correct such Defective Work. The Project Inspector has no authority to and shall not:

a. Authorize deviations from the Contract Documents;

b. Enter into the area of responsibility of the Contractor’s superintendent;

c. Issue directions relative to any aspect of construction means, methods, techniques,

sequences or procedures, or in regard to safety precautions and programs in connection with the Work;

d. Authorize or suggest that the JCSA occupy the Project, in whole or in part; or

e. Issue a certificate for payment. 23.7 The duties of the Project Inspector are for the benefit of the JCSA only and not for the

Contractor. The Contractor may not rely upon any act, statement, or failure to act on the part of the Project Inspector, nor shall the failure of the Project Inspector to properly perform his duties in any way excuse Defective Work or otherwise improper performance of the Contract by the Contractor.

SECTION 24. USE OF PREMISES AND REMOVAL OF DEBRIS 24.1 Jobsite Coordination: The Contractor shall perform the Contract in such a manner as not

to interrupt or interfere with the operation of any existing activity or with the work of any other contractor.

24.2 Storage of Material: The Contractor shall store apparatus, material, supplies, and equipment

in such orderly fashion at the site as will not unduly interfere with the progress of its Work or the work of any other contractor.

24.3 Load: The Contractor shall place upon the Work or any part thereof only such loads as are

consistent with the safety of that portion of the Work. 24.4 The Contractor expressly undertakes, either directly or through his Subcontractor(s), to effect

all cutting, filling or patching of the Work required to make the same conform to the plans and specifications, and, except with the consent of the JCSA, not to cut or otherwise alter the Work of any other separate contractor. The Contractor shall not damage or endanger any portion of the Work or Site, including existing improvements, unless called for by the Contract.

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24.5 Jobsite Appearance: The Contractor expressly undertakes, either directly or through its

Subcontractor(s), to clean up frequently all refuse, rubbish, scrap material, and debris caused by the Contractor’s operations, to the end that at all times the jobsite shall present a neat, orderly, and workmanlike appearance. No such refuse, rubbish, scrap material, and debris shall be left within the completed Work or buried on the site, but shall be properly protected and removed from the site and properly disposed of in a licensed landfill or otherwise as required by law.

24.6 Final Cleaning: The Contractor expressly undertakes, either directly or through its

Subcontractor(s), before final payment, to remove all surplus material, false work, temporary structures, including foundations thereof, and debris of every nature resulting from its operations and to put the site in a neat, orderly condition, to thoroughly clean and leave reasonably dust free all finished surfaces including all equipment, piping, etc. If a Contractor fails to clean up at the completion of the Work, the JCSA may do so and charge for costs thereof to the Contractor in accordance with these General Conditions.

24.7 Erosion Control: During and at completion of the Work, the Contractor shall prevent site soil

erosion, the runoff of silt and/or debris carried by water from the site, and the blowing of dust or debris off the site in accordance with the applicable requirements and standards of the Virginia Erosion and Sediment Control Handbook, latest edition, and of the Contract Documents and the requirements of the County’s Stormwater and Resource Protection (SRP) Division.

SECTION 25. PROTECTING PERSONS AND PROPERTY 25.1 Protection on Site: The Contractor expressly undertakes, both directly and through its

Subcontractor(s), to take every reasonable precaution at all times for the protection of all persons and property which may come on the jobsite or be affected by the Contractor’s operation in connection with the Work.

25.2 Safety and Health Precautions: The Contractor shall be solely responsible for initiating,

maintaining, and supervising all safety and health precautions and programs in connection with the Work, including but not limited to provision of appropriate sanitation facilities, if applicable.

25.3 Protecting the Public: The Contractor shall in all cases protect the public and the Work,

during its execution, by posting and maintaining, at its expense, appropriate signs, barricades, barriers, lights, flagmen, and other safety devices in accordance with the current edition of the “Virginia Work Area Protection Manual.”

25.4 Protecting the Work and Adjacent Property: The Contractor shall continuously maintain

adequate protection of all the Work from damage and shall protect the JCSA’s property from injury or loss arising in connection with this Contract. The Contractor shall adequately protect adjacent property to prevent any damage to it or loss of use and enjoyment by its owners. The Contractor shall provide and maintain all passageways, guard fences, lights, and other facilities for protection required by public authority, local conditions, any of the Contract Documents or erected for the fulfillment of its obligations for the protection of persons and property.

25.5 Emergencies: In an emergency affecting the safety or life of persons or of the Work, or of

the adjoining property, the Contractor, without special instruction or authorization from the JCSA Engineer, shall act, at Contractor’s discretion, to prevent such threatened loss or injury.

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Also, should Contractor, to prevent threatened loss or injury, be instructed or authorized to act by the JCSA Engineer, Contractor shall so act immediately, without appeal. Any additional compensation or extension of time claimed by the Contractor on account of any emergency work shall be determined as provided by Section 27 of these General Conditions.

25.6 The provisions of all rules and regulations governing health and safety as adopted by the Safety and Health Codes Board of the Commonwealth of Virginia, issued by the Department of Labor and Industry under Title 40.1 of the Code of Virginia, shall apply to all Work under this Contract.

25.7 When necessary for the proper protection of the Work, temporary heating of a type compatible with the Work must be provided by the Contractor at the Contractor’s expense, unless otherwise specified.

25.8 The Contractor shall comply with the provisions of the Virginia Underground Utilities Damage Prevention Act, Section 56-265.14 et seq. of the Code of Virginia.

SECTION 26. DAMAGES TO THE WORK AREA

26.1 Damage to the Work: The Contractor shall have charge of and be solely responsible for the entire Work and be liable for all damages to the Work including, but not limited to any of the damages hereafter mentioned, and to any property in the vicinity of the Work, until its completion and acceptance by the JCSA Engineer.

The Contractor shall conduct all operations in such a manner as to avoid damage to existing JCSA infrastructure that is to remain. Any and all damaged work and surfaces shall be repaired, replaced, or restored to their original condition at the time when this work was started, and the expense of such work shall be borne by the Contractor.

26.2 Damage to Utilities: The Contractor shall comply with the provisions of the Virginia Underground Utilities Damage Prevention Act, Section 56-265.14 et seq., of the Code of Virginia. Damages that may occur to the utilities during the Work shall be the sole responsibility of the Contractor.

26.3 Relocation of Utilities: Should any utilities require adjustment during the Work, it shall be the Contractor’s responsibility to have such utilities relocated as a part of the Work and to contact and cooperate with the respective Utility Company in performance of such operations.

26.4 Damage to Other Work and Existing Structures: The Contractor shall take into account all other work which shall be done by other parties on the jobsite, either now known or which may become necessary during the progress of the Work, and shall be responsible for any damage done to the other work. Damage to concrete curbs, gutters, sidewalks, or any existing facility that may occur during the construction shall be repaired or replaced by the Contractor, at its sole expense, as directed by and to the satisfaction of the JCSA Engineer.

26.5 Weather Damage: Damage with respect to the Work caused by the weather shall be the responsibility of the Contractor.

26.6 Blasting: Blasting is not allowed on this Project..

SECTION 27. CHANGES IN THE WORK

27.1 Changes in the Work: No change with respect to the Work, except in an emergency situation threatening life or property, shall be made by the Contractor without the prior written approval of the JCSA. The Contractor shall deliver any request for a change in the Work, GMP, and/or

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completion time in writing to the JCSA Engineer within ten (10) calendar days of the occurrence requiring the change. The Contractor shall be required to certify the cause of the change order and, if appropriate, length of time involved. Payment for such changes approved by the JCSA Engineer shall be as set forth in Section 27.7. This written request is a condition precedent to the consideration of any such request by the JCSA. There will be no monetary adjustment to the GMP under this Contract except when the Scope of Work has been modified by the JCSA by a Change Order and as allowable under the other provisions of this Contract. All other changes required to complete the Work shall be the sole responsibility of the Contractor.

27.2 Delays:

a. In the event a delay is caused by the JCSA, the JCSA Engineer, any other separate contractor employed by the JCSA, or any party for whom the Contractor deems the JCSA responsible, or the agents and employees of any of them, the Contractor shall inform the JCSA and the JCSA Engineer immediately at the time of the occurrence by the fastest means available and shall give written notice within a reasonable time, not to exceed ten (10) calendar days. The Contractor’s notice to the JCSA Engineer shall specify the nature of the delay claimed by the Contractor, the cause of the delay, and the impact of the delay on the Contractor’s work schedule to the fullest extent possible. The JCSA will within a reasonable time, not to exceed ten (10) calendar days, respond to the Contractor’s notice with a resolution, remedy, or direction to alleviate the delay or with a notice rejecting the claim for delay alleged to be caused by the JCSA or parties for whom the JCSA is responsible. If the delay is not then resolved, the Contractor may then submit a request for change order in accordance with Sections 27.1 and 27.3. In the event of other delays, the Contractor shall give the JCSA and JCSA Engineer written notice within ten (10) calendar days of the occurrence causing the delay. If and to the extent that a delay is caused by or due to the JCSA taking any actions permitted or required by the Contract, the Contractor shall be entitled to an extension of time or additional compensation only for the portion of the delay that is unreasonable, if any.

b. No extension of time or compensation shall be allowed for a delay if the Contractor

failed to give notice in the manner and within the time prescribed in Subsection 27.2(a). Furthermore, no extension of time shall be given or additional compensation allowed for any delay unless a claim therefore is made in writing to the JCSA, with a copy to the JCSA Engineer, within ten (10) calendar days of the occurrence causing the delay. The claim shall state the cause of the delay, the number of days of extension requested, and any compensation requested by the Contractor. The Contractor shall report the termination of the delay to the JCSA and JCSA Engineer not less than ten (10) calendar days after such termination. Failure to give notice of either the inception or the termination of the cause of delay or failure to present a claim for extension of time and/or monetary compensation within the times prescribed are conditions precedent to the assertion of any such claims by Contractor and shall constitute a waiver by Contractor of any such claims for compensation or extension based upon that cause.

c. Requests for compensation for delays must be substantiated by itemized data and

records clearly showing that the work delayed was progressing according to the approved schedule and that the costs are directly attributable to the delay in the Work claimed. The Contractor shall provide written schedules demonstrating how the Work being delayed affects the approved schedule.

d. No extension of time, additional compensation, or change in the GMP shall be allowed

for any delays caused in whole or in part by the Contractor, any subcontractors, or any supplier. (For unavoidable justified delays, see Section 27.7 of these General Conditions.)

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27.3 Change Orders: All change orders shall clearly define changes to the Work, the Contract amount or price, and the Time for Completion. Incomplete or partial change order requests may not be considered by the JCSA Engineer. All change orders must indicate that the Time for Completion is not changed or is either increased or decreased by a specific number of days. Any change or requested change in the GMP shall also be included in the change order request. The Contractor must provide written justification for an extension of the Time for Completion to the JCSA Engineer. The written justification must demonstrate an anticipated actual increase in the time required to complete the Work beyond that allowed by the Contract as adjusted by prior change orders or amendments to the Contract, not just an increase or decrease in the time needed to complete some portion of the total Work. JCSA Engineer-approved increases or decreases in time required to complete the Work shall be added or deducted, respectively, to the Time for Completion. The change to time or GMP allowed by each change order shall include all time and monetary impacts of the change, whether the change order is considered alone or with all other changes during the course of the Project. Failure to include a change to time and/or GMP in a change order shall waive any claims the Contractor may have for any change to the time and/or GMP unless the parties mutually agree in writing to postpone a determination of the change to time and price resulting from the change order. However, the Contractor shall continue with the Work as may be directed by the JCSA Engineer and shall not stop work on the Project unless directed to do so by the JCSA Engineer.

27.4 Extra Work: The JCSA reserves the right to make alterations or changes in the Work as the

Work progresses. When any work is necessary to the proper completion of the Project which was not provided for in the Contract, the Contractor shall do such work, but only when and as ordered in writing by the JCSA Engineer. Payment for such extra work shall be made as hereinafter provided in Section 27.5.

27.5 Payment Methods for Extra Work: The extra work done by the Contractor as authorized

and approved by the JCSA Engineer shall be paid for in the manner hereinafter described; and the compensation thus provided shall be accepted by the Contractor as payment in full for all labor, material, tools, equipment, incidentals, all superintendents’ and timekeepers’ services, all insurance, bonds, and all other reasonable overhead expenses incurred in the performance of the extra work. Payment for extra work may be made by one of the following methods, as agreed on in writing by the JCSA Engineer and the Contractor before said extra work is commenced, subject to all other conditions of the Contract:

a. Unit prices; or

b. Lump sum price; or

c. The cost of change in work plus ten percent (10%) of allowable costs. Allowable costs for purposes of this paragraph shall only include labor, material, sales tax, the rental of power tools and equipment actually used, or a reasonable price for the use of power tools and equipment owned by the Contractor based upon their life expectancy and purchase price, utilities, pro rata charges for foremen, and all payroll charges such as employer’s FICA contribution, Public Liability and Workers’ Compensation Insurance, but only if all such costs are incurred as the direct result of the changes in the Work. The change in cost for labor and material bonds and for performance bonds relative to the value of the extra work shall be allowable cost but shall not be marked up.

27.6 Disputed Claims for Extra Work: If one of the payment methods set forth in Section 27.5 is

not agreed on by the JCSA Engineer, the JCSA may retain either an independent contractor to perform such extra work or use its own forces to perform such extra work and the Contractor shall cooperate fully with the independent contractor or JCSA in its performance of the extra work. However, the JCSA Engineer may also direct Contractor to perform such extra work and any dispute will be handled as set forth in Section 38 of these General Conditions.

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27.7 Change in Time for Completion or GMP: The Contractor may request an extension of Time

for Completion or a change in the GMP should the Work be obstructed or delayed by any justified unavoidable delays not caused in whole or in part by the Contractor, any subcontractor, or suppliers. However, delays caused by weather conditions will not be considered justified unavoidable delays unless they are caused by unusual weather as set forth in Section 16.3 of these General Conditions, in which case only an extension of Time for Completion may be considered by JCSA, but no additional compensation will be allowed for unusual weather. Furthermore, the Contractor agrees that for any delays not caused by the JCSA or any delays beyond the control of the JCSA, no additional compensation will be due the Contractor and no change in the GMP will be allowed by the JCSA, only an extension of the Time for Completion will be considered by the JCSA. The Contractor shall deliver requests for changes in the GMP and/or Time for Completion in writing to the JCSA Engineer within ten (10) calendar days of the occurrence requiring the change. Approved changes that alter the Time for Completion shall extend the completion time by a period equivalent to the certified time lost by such occurrence. No change in GMP and/or Time for Completion shall be allowed if the above notice has not been properly given, such notice being a condition precedent to any such request by the Contractor. However, the Contractor shall continue with the Work as may be directed by the JCSA Engineer and shall not stop work on the Project unless directed to do so by the JCSA Engineer.

27.8 Accordingly, the GMP shall only be increased if there is a substantial addition requested by

JCSA to the Scope of Work and increased cost to the Contractor. The GMP shall be decreased for any JCSA requested reduction to the Scope of Work.

27.9 Cost for A/E Services:

a. There will be no monetary adjustment to A/E services under this Contract except where the Scope of Work has been modified by the JCSA as noted above. The A/E component of such Scope of Work changes will only be adjusted when the JCSA-requested change requires a duplication of Work that has already been accomplished, causes an appreciable increase in direct labor, material or other costs to work included under the A/E component, or requires new labor, material or other direct costs of work not included under the existing A/E component. All other changes required to properly complete the Work will be the responsibility of the Contractor.

b. Adjustment in the A/E component will be based upon the extent of change to the Work and not upon a percentage of construction costs. The JCSA will negotiate an adjustment on the basis of the costs per discipline for the production of drawings, calculations, specifications, estimating and other services. Prior to negotiations, the Contractor shall submit an Estimate of Fee for Modification of Design.

27.10 The acceptance by the Contractor of any payment made by the JCSA under a Change Order

shall be and operate as a release to the JCSA of all claims by the Contractor and of all liability owing to the Contractor for all things done or furnished in connection with the Work described in the Change Order. The execution of any Change Order by the JCSA shall not be an acceptance of any Work or materials not in accordance with the Contract Documents, nor shall it relieve the Contractor of responsibility for faulty materials or workmanship or operate to release the Contractor or his surety from any obligation arising under the Contract or the Standard Performance Bond or Standard Labor and Material Payment Bond.

SECTION 28. PAYMENT FOR WORK

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28.1 Monthly Construction Estimates: Monthly construction estimates shall be submitted to the Project Manager via email no more than once every thirty (30) calendar days.

28.2 Preparing Progress Payment Requests: In preparing construction estimates, the

Contractor may request a progress payment based on the actual percentage of Work completed during the preceding month. The estimate shall contain a breakdown of the total Contract amount, to include a separate breakdown of all approved change orders, into principal items of construction, showing the estimated quantity, unit price, and total for each item. In preparing progress payment requests, the material delivered on the site and preparatory work done may be taken into consideration, if properly documented, or as may be required by the JCSA Engineer so that quantities can be verified. In addition to material delivered on the site, material such as large pieces of equipment and items purchased specifically for the Project, but stored off the site, may be considered for payment, provided prior written approval is given by the JCSA Engineer.

28.3 Progress Payments: The JCSA will make a progress payment to the Contractor on the basis

of a duly certified and approved progress payment request for the Work performed under the Contract. In the event that the JCSA disagrees with the monthly construction progress payment request submitted by the Contractor, or in the event the As-Built Drawings are not being kept current, the JCSA may withhold all or a portion of the progress payment until such dispute is resolved to the satisfaction of the JCSA. If there are any objections or problems with the progress payment request, the JCSA will notify the Contractor of such matters. If the progress payment request is approved by the JCSA, payment will be made by the JCSA to the Contractor not more than thirty (30) calendar days after such request has been approved. However, if there is an objection or problem with a progress payment request, the Contractor shall continue with the Work as may be directed by the JCSA Engineer and shall not stop work on the Project unless directed to do so by the JCSA Engineer. Any such disputes shall be handled as set forth in Section 38 of these General Conditions.

28.4 Retainage: To ensure proper performance of the Contract, the JCSA shall retain, unless

stipulated otherwise, five percent (5%) of each progress payment until Final Acceptance of all Work covered by the Contract. The Contractor may request that such retainage be paid into an escrow account on certain Contracts, pursuant to Section 2.2-4334 of the Code of Virginia.

28.5 Ownership of Material and Work: All material covered by progress payments shall become

the property of the JCSA. This provision shall not relieve the Contractor from the responsibility for all material and to maintain all completed Work and to repair all damaged Work. The Contractor shall not deem a progress payment as a waiver to complete the terms of the Contract or shift the risk of loss from the Contractor to the JCSA. The Contractor warrants that it has good title to all material, equipment, and supplies which the Contractor uses in the Work or for which the Contractor accepts payment in whole or in part.

28.6 Payments to Others by Contractor: The Contractor agrees that it will comply with the

requirements of Section 2.2-4354 of the Code of Virginia regarding the Contractor’s payment to other entities and that the Contractor will take one of the two actions permitted therein within seven (7) calendar days after receipt of amounts paid to the Contractor by the JCSA. The Contractor agrees that it shall indemnify and hold the JCSA harmless for any claims resulting from failure of the Contractor to make prompt payments to all persons supplying him equipment, labor, tools, or material in prosecution and completion of the Work provided for in the Contract.

28.7 Final Payment: After the Final Acceptance of the Work by the JCSA, and after final payment

is requested in writing by the Contractor, and the JCSA Engineer has received and approved the items listed below, the JCSA shall pay the Contractor the final payment, less all prior

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payments, damages, setoffs, liquidated damages, any amounts withheld from retainage, or any other amounts the Contractor may owe the JCSA for any reason whatever. If the sum of all progress payments and the final invoice is greater than the GMP, the final invoice shall be adjusted so that the sum of all progress payments and the final payment is not greater than the GMP. Such final payment is subject to the JCSA Engineer receiving and accepting all documents to finalize the Work or Project, such as, but not limited to:

a. As-Built drawings, operation and maintenance manuals, written warranties (if applicable). b. Affidavit of Payment of Claims. c. Certificate of Final Acceptance. d. Such other documents or items as the JCSA Engineer may request in writing from the

Contractor. 28.8 Payment and Acceptance: No payment, final or otherwise, nor partial or entire use,

occupancy, or acceptances of the Work by the JCSA shall be an acceptance of any Work or material not in accordance with the Contract, nor shall the same relieve the Contractor of any responsibility for any errors or omissions or faulty material or workmanship or operate to release the Contractor or its surety from any obligation under the Contract or the Performance Bond or the Labor and Material Payment Bond.

28.9 Right to Audit and Maintenance of Records: The Contractor agrees that the JCSA, and

any approving Federal or State Agency or any of their duly authorized representatives, shall have access to any books, documents, papers, records, schedules and electronic data of the Contractor which are pertinent to this Project for the purpose of making an audit, examinations, excerpts, copies, or transcriptions and that Contractor will provide copies of such items to the JCSA upon the JCSA’s request, at no cost to the JCSA. The Contractor shall maintain all books, records, electronic data, and other documents relating in any way to this Contract or Project for a period of five (5) years after Final Acceptance.

SECTION 29. LIQUIDATED DAMAGES If liquidated damages are provided for by the Contract, the following provisions shall apply: a. Subject to the provisions of the General Conditions for extension of time allowed for

completion of the Work, if the Work is not substantially completed by the date required in the Contract, the Contractor shall owe to the JCSA, not as a penalty but as liquidated damages, the sum stated in the Contract for liquidated damages for each and every calendar day of delay in substantial completion.

b. Once the Work is substantially complete, the accrual of liquidated damages shall stop and the

Contractor shall have thirty (30) calendar days in which to achieve Final Acceptance of the Work.

c. If Final Acceptance of the Work is not achieved by the thirtieth (30th) calendar day after

substantial completion, and if any extension of time is not granted by the JCSA, the Contractor shall owe to the JCSA, not as a penalty, but as additional liquidated damages, the sum stated in the Contract as liquidated damages for each and every calendar day of delay in Final Acceptance. All such liquidated damages set forth in this Section 29 are in addition to any other damages the JCSA may be entitled to recover from the Contractor.

SECTION 30. INSPECTION FOR SUBSTANTIAL COMPLETION AND FINAL ACCEPTANCE 30.1 Substantial Completion: The Contractor shall notify the JCSA, in writing, that the Work will

be ready for inspection to determine if it is substantially complete and ready for testing on or after a certain date, which date shall be stated in the notice. The notice shall be given at least

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ten (10) calendar days in advance of said date and shall be forwarded through the JCSA Engineer. Inspection and testing shall take place at a time mutually agreeable to the Contractor, JCSA, and JCSA Engineer. The inspection and testing shall determine if substantial completion has been accomplished. If so, the JCSA Engineer will issue a Certificate of Substantial Completion and attach a written list of unfinished Work and Defective Work, commonly referred to as a “punch list,” which must be finished and corrected to obtain Final Acceptance.

After successful completion of the inspection and testing and the A/E determines that, in its opinion, the Work, either in whole or in part, is substantially complete, the A/E shall notify the JCSA, in writing that the Work, or a specified portion thereof, is recommended to be declared substantially complete. The JCSA shall notify the Contractor, in writing, of the date the JCSA accepts the Work, or the specified portion thereof, as substantially complete or the JCSA shall notify the Contractor of the deficiencies to be corrected or completed before such Work will be accepted as substantially complete.

30.2 Request for Final Acceptance: The Contractor shall notify the JCSA Engineer, in writing, that the Work will be ready for final inspection and testing on or after a certain date, which date shall be stated in the notice. That inspection and any necessary testing shall be conducted in the same manner as the inspection for substantial completion. When the Work is finally and totally complete, including the elimination of all known deficiencies, the Work shall be finally accepted by the JCSA and final payment shall be made in accordance with Section 28.7 of these General Conditions.

30.3 Final Inspection: The JCSA Engineer will conduct the final inspection, and may elect to have other persons of his/her choosing also participate in the inspection. If one or more reinspection is required, the Contractor shall reimburse the JCSA for all costs of reinspection or, at the JCSA’s option, the costs may be deducted from payments due to the Contractor.

30.4 As-Built Drawings: No Contract retainage will be released prior to receipt of all approved As-Built Drawings.

30.5 Final Acceptance: Upon successful completion of the final inspection and all Work required by the Contract, including, but not limited to, the delivery of the following documents and items where required: As-Built drawings; operation and maintenance manuals; written warranties; Certificate of Substantial Completion; and Affidavit of Payment of Claims; the JCSA Engineer will furnish a written Certificate of Final Acceptance of the Work to the Contractor. The JCSA Engineer may accept the Work for occupancy or use while asserting claims against the Contractor, disputing the amount of compensation due to the Contractor, disputing the quality of the Work, its completion, or its compliance with the Contract Documents, and the like.

30.6 Release By Contractor: The acceptance by the Contractor of the final payment or a payment designated as such shall be and does operate as a release by the Contractor of all claims by the Contractor against JCSA and of all other liability of the JCSA to the Contractor whatever, including liability for all things done or furnished in connection with the Work or the Contract.

SECTION 31. WARRANTY OF MATERIAL AND WORKMANSHIP

31.1 The Contractor warrants that, unless otherwise specified, all material and equipment incorporated in the Work under the Contract shall be new, in first class condition, and in accordance with the Contract Documents. The Contractor further warrants that all workmanship shall be of the highest quality and in accordance with the Contract Documents and shall be performed by persons qualified at their respective trades.

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31.2 Work not conforming to these warranties shall be considered Defective. 31.3 These warranties of material and workmanship are separate and independent from and in

addition to any of the Contractor’s other guarantees or obligations in this Contract, or that may arise by law.

SECTION 32. GUARANTEE OF WORK 32.1 One Year Warranty: The Contractor further guarantees and warrants the Work against

defects or deficiencies in the Work and as to all material, equipment, and workmanship for a period of one (1) year from the date of Final Acceptance. However, any manufacturer’s guarantees or warranties or any other guarantees or warranties required by the Contract Documents shall be for the period of time provided for therein.

32.2 The Contractor shall obtain and furnish to the JCSA any available guarantees and warranties

from manufacturers, installers, subcontractors, or others and any guarantees and warranties called for in the Contract and have such guarantees and warranties issued to the JCSA, or transfer such guarantees and warranties to the JCSA, in a timely manner. All guarantees and warranties shall be subject to the reasonable approval of the JCSA. However, any such approval or disapproval does not relieve the Contractor of any of Contractor’s guarantees and warranties. Contractor shall use its best efforts to ensure that all such guarantees and warranties do not contain any indemnity requirements from the JCSA, any limitation of liability, any reduction of the applicable statute of limitations, any venue or forum selection other than the courts of James City JCSA, Virginia, or any requirement for mediation or arbitration. Any such language in a guaranty or warranty shall be deemed to be void and the Contractor along with the entity providing the guaranty or warranty shall be responsible for such guaranty or warranty with any such items being deemed deleted. All such guaranties or warranties shall be provided to the JCSA before or within ten (10) days after Contractor’s completion of the Work and the JCSA may withhold payments to the Contractor until receipt of all such guaranties and warranties.

32.3 All guarantees and warranties from the Contractor or others, whether set forth above, in other

parts of the Contract or other documents, or that may arise by law, shall be cumulative so as to maximize the JCSA’s guarantee and warranty protection. The JCSA, by accepting any of the guaranties or warranties provided for in the Contract does not waive, and specifically reserves any legal rights and remedies that the JCSA may have for breach of the Contract and/or breach of any such guarantees or warranties.

32.4 Defective Work: The Contractor agrees it shall repair or replace, at the Contractor’s sole

expense, and to the satisfaction of the JCSA Engineer, any work, material, equipment, or part that is found, by the JCSA Engineer, to be Defective.

32.5 Repairs: If, within any guarantee period, defects are noticed by the JCSA Engineer which

require repairs or changes in connection with the guaranteed work, those repairs or changes being in the determination of the JCSA Engineer rendered necessary as the result of the use of material, equipment, or workmanship which is defective, inferior, or not in accordance with the terms of the Contract, then the Contractor shall, promptly upon receipt of notice from the JCSA Engineer, such notice being given not more than four weeks after the expiration of any such guarantee period, and without any expense to the JCSA:

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a. Place in satisfactory condition all guaranteed work and correct all defects therein; and

b. Make good all damage to the infrastructure, site, equipment, or contents thereof, whichin the determination of the JCSA Engineer is the result of the use of material,equipment, or workmanship which are inferior, defective, or not in accordance with theterms of the Contract; and

c. Make good any work or material or the site disturbed in fulfilling any such guarantee.

32.6 Warranty Extension: In any case, where in fulfilling the requirements of the Contract or any guarantee embraced in or required thereby, the Contractor disturbs, damages or repairs any work guaranteed under the Contract, Contractor shall restore such work to a condition satisfactory to the JCSA Engineer and guarantee such restored work to the same extent and for a like additional period of time as it was originally guaranteed under this Contract.

32.7 Correction of Defects: If the Contractor, after notice, fails to proceed promptly, , unless otherwise agreed to by the JCSA Engineer, to comply with the terms of the guarantee and/or correct the Work, the JCSA may have the defects corrected by its own forces or another contractor and the Contractor and its surety shall be liable to the JCSA for all costs and expenses incurred in doing so.

32.8 Nothing contained in this section shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the Contract Documents or the law of Virginia, including liability for defective work.

32.9 The guarantee of this Section shall be in addition to and not in lieu of all other warranties, express or implied, applicable to or arising from this Contract or by law.

SECTION 33. STOP WORK ORDER

In the event that conditions exist such that no work can or should continue, other than the routine closing of the jobsite, the Contractor may submit to the JCSA Engineer a request to stop work or the JCSA Engineer on their own may issue a Stop Work Order. The JCSA Engineer will, if they approve the request or issues the order themselves, deliver a written “Stop Work Order” to the Contractor stipulating the effective date and the Contract time remaining. The Work, other than the routine closing of the site, and Contract time shall not again be started until a written “Resume Work Order” is received by the Contractor from the JCSA Engineer. When the Work is stopped at the request of the Contractor and through no fault of the Contractor, the Contractor may only recover from the JCSA payment for the cost of the Work actually performed, together with reasonable overhead and profit thereon up to that time, but profit shall be recovered only to the extent that the Contractor can demonstrate that it would have had profit on the entire Contract if it had completed the Work. The Contractor may not receive profit or any other type of compensation for parts of the Work not performed, including, but not limited to, home office overhead or any other such costs. The Contractor may also recover the actual cost of physically closing down the jobsite, but no other costs of the Stop Work Order. The JCSA may offset any claims it may have against the Contractor against the amounts due to the Contractor. In no event shall the Stop Work Order to the Contractor relieve in any way the obligations of the Contractor’s surety on its payment and performance bonds. When work is stopped by the JCSA Engineer due to any fault of the Contractor, the Contractor may not recover any of the above costs or items or any other costs, profits, expenses, or damages of any type.

SECTION 34. TERMINATION OF CONTRACT FOR CAUSE

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34.1 Termination for Cause: If the Contractor should file a petition for relief as a debtor under any applicable bankruptcy law or should be adjudged bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, the JCSA may terminate the Contract. If the Contractor should refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper material, or if it should fail to make prompt payment to subcontractors or suppliers of material or labor, or disregard laws, ordinances, or the written instructions of the JCSA Engineer, or otherwise fails to comply with any of the terms or provisions of this Contract including, but not limited to, poor services, work or material, then the JCSA may terminate this Contract. In no event shall termination for cause terminate the obligations of the Contractor’s surety on its payment and performance bonds.

34.2 Possession of Work: Upon termination of the Contract, the JCSA may take possession of the Site and of all material, tools, and appliances thereon and finish the Work by whatever method the JCSA may deem expedient. In such case, the Contractor shall not be entitled to receive any further payment of any type. If the expense of finishing the Work, including compensation for additional managerial and administrative services, shall exceed the unpaid balance of the GMP, the Contractor shall pay the difference to the JCSA, together with any other cost or expenses of terminating the Contract and having it completed by others, together with any and all other damages the JCSA may be entitled to from the Contractor.

34.3 Alternative Termination: If it should be judicially determined that the JCSA improperly terminated this Contract for cause, then the termination shall be deemed to be a termination for the convenience of the JCSA, and the Contractor’s rights and remedies shall be solely limited to those provided by Section 35 of these General Conditions.

34.4 Termination Rights: Termination of this Contract under Section 34 or Section 35 is without prejudice and in addition to any other rights or remedies of the JCSA against the Contractor. Any actions by the JCSA permitted herein shall not be deemed a waiver of any other right or remedy of the JCSA under the Contract or under the law. The JCSA may offset any claims it may have against the Contractor against the amounts due to the Contractor. The provisions of this Section shall survive termination of the Contract.

SECTION 35. TERMINATION FOR CONVENIENCE OF THE JCSA

35.1 Termination for Convenience: The JCSA, at its discretion, may terminate this Contract at any time without cause, in whole or in part, upon giving the Contractor written notice of such termination. Upon such termination, the Contractor shall immediately cease work and remove from the jobsite all of its labor forces, equipment, and material that the JCSA elects not to purchase or to assume in the manner hereinafter provided. Upon such termination, the Contractor shall take such steps as the JCSA may require to assign to the JCSA the Contractor’s interest in all subcontracts and purchase orders designated by the JCSA. After all such steps have been taken to the JCSA’s satisfaction, the Contractor shall receive as full compensation for termination and assignment only the following:

a. All amounts then otherwise due under the terms of this Contract for actual workperformed and approved by the JCSA; and

b. Reasonable compensation for the actual cost of demobilization incurred by theContractor as a direct result of such termination. The Contractor shall not be entitled

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to any compensation for lost profits or for any other type of contractual compensation or damage, other than those provided by the preceding sentence, including any on site or home office overhead. Upon payment of the foregoing, the JCSA shall have no further liabilities or obligations to Contractor of any nature. The JCSA may offset any claims it may have against the Contractor against the amounts due to the Contractor. Upon payment of the foregoing, the JCSA shall have no further obligations to the Contractor of any nature. The Contractor agrees to waive all claims against the JCSA for any consequential damages that may arise from or relate to the JCSA’s termination of the Contract including, but not limited to, damages for loss of revenue, income, profit, business, reputation, or bonding capacity.

35.2 Termination Effect on Surety: In no event shall termination for the convenience of the JCSA terminate the obligation of the Contractor’s surety on its payment and performance bonds.

35.3 Any actions by the JCSA permitted herein shall not be deemed a waiver of any other right or remedy of the JCSA under the Contract or under the law. The provisions of this Section shall survive termination of the Contract.

SECTION 36. PROJECT SIGN(S)

The Contractor shall only display signs on the site required for safety measures. The Contractor shall not display any other signs or advertisements.

SECTION 37. ASSIGNMENTS

The Contractor shall not assign or transfer this Contract in whole or in part except with the prior written consent of the JCSA, which consent shall not be unreasonably withheld. If consent to assign is given, no such assignment shall in any way release or relieve the Contractor from any of the covenants or undertakings contained in this Contract and the Contractor shall remain liable for the Contract during the entire term thereof.

SECTION 38. CONTRACTUAL DISPUTES

38.1 Contractual claims, whether for money or for other relief, including any disputes as to change orders or extra work, shall be submitted, in writing, no later than sixty (60) calendar days after final payment or payment designated by the JCSA as a final payment; however, written notice of the Contractor’s intention to file such claim must be given at the time of the occurrence or beginning of the work upon which the claim is based. Such notice is a condition precedent to the assertion of any such claim by the Contractor. A written decision upon any such claims will be made by the General Manager or his/her designee (hereafter General Manager) within thirty (30) calendar days after submittal of the claim and any practically available additional supporting evidence required by the General Manager. The Contractor may not institute legal action prior to receipt of the JCSA’s decision on the claim unless the General Manager fails to render such decision within one hundred twenty (120) calendar days from submittal of its claim. The decision of the General Manager shall be final and conclusive unless the Contractor within six (6) months of the date of the final decision on a claim or from expiration of the 120 day time limit, whichever occurs first, initiates legal action as provided in Section 2.2-4364, of the Code of Virginia. Failure of the JCSA to render a decision within said one hundred twenty (120) calendar days shall not result in the Contractor being awarded the relief claimed nor shall it result in any other relief or penalty. The sole result of the JCSA’s failure to render a decision within said one hundred twenty (120) calendar days shall be Contractor’s right to immediately institute legal action. No administrative appeals procedure pursuant to

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Section 2.2-4365, of the Code of Virginia, has been established for contractual claims under this Contract.

38.2 In the event that a dispute, claim or controversy between the JCSA and the Contractor arises regarding the requirements of the Contract, the performance of the Work, payment due the Contractor, the terms of any Change Order, or otherwise, the Contractor shall not stop, suspend or delay the Work or any part of the Work to be performed under the Contract, or under any Change Order, or as ordered by the JCSA. The Contractor shall continue to diligently prosecute the Work to completion, including work required in any Change Order or as directed by the JCSA.

38.3 The remedies provided in these General Conditions, including costs, expenses, damages or extensions of time, shall be the Contractor’s sole remedies for the acts, omissions or breaches of the JCSA, which shall survive termination or breach of the Contract.

SECTION 39. PATENTS

The Contractor shall obtain all licenses necessary to use any invention, article, appliance, process, or technique of whatever kind and shall pay all royalties and license fees. The Contractor shall indemnify and hold the JCSA, its officers, agents, and employees, harmless against any loss or liability for or on account of the infringement of any patent rights in connection with any invention, process, technique, article or appliance manufactured or used in the performance of the Contract, including its use by the JCSA, unless such invention, process, technique, article or appliance is specifically named in the specifications or plans as acceptable for use in carrying out the Work. If, before using any invention, process, technique, article or appliance specifically named in the specifications or plans as acceptable for use in carrying out the Work, the Contractor has or acquires information that the same is covered by letters of patent making it necessary to secure the permission of the patentee, or other, for the use of the same, he shall promptly advise the JCSA. The JCSA may direct that some other invention, process, technique, article, or appliance be used. Should the Contractor have reason to believe that the invention, process, technique, article, or appliance so specified is an infringement of a patent, and fail to inform the JCSA, the Contractor shall be responsible for any loss or liability due to the infringement.

SECTION 40. ASBESTOS

40.1 If asbestos abatement is included as a part of the Work, the Contractor shall assure that the asbestos abatement work is accomplished by those duly licensed as described in Section 3 of these General Conditions and in accordance with the specific requirements of the Contract and all applicable laws and regulations.

40.2 If asbestos abatement is included as part of the Work, the licensed asbestos Subcontractor shall obtain the insurance required under Section 4 of these General Conditions.

END OF GENERAL CONDITIONS.

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301 Bendix Road, Suite 400 Virginia Beach, VA 23452-1385

T: 757.518.2400

Letter Report Summary.2021 10 04

October 4, 2021

Letter Report

Karlyn Owens, P.E. James City Service Authority (JCSA) 119 Tewning Road Williamsburg, VA 23185 Project No.: 156820

Subject: College Creek Water Main Rehabilitation Study Executive Summary Letter Report

Dear Karlyn,

At your request, Brown and Caldwell performed a desktop evaluation to recommend rehabilita-tion of the existing 16-inch diameter steel water main that is attached to bridge pile bents along the north face of Jack L. Massie bridge. The intent of this letter is to provide an executive summary of the findings of the evaluation to include a summary of the cost estimates.

Summary of Findings

The findings of this investigation are summarized in the two enclosures. Enclosure A is a Tech-nical Memo (TM) prepared by Brown and Caldwell to summarize the Rehabilitation Technology Evaluation of the water main. Enclosure B is a letter report prepared by Clark Nexsen to sum-marize the conceptual engineering and design of the replacement supports for the water main.

Summary of Technical Memo by Brown and Caldwell

Six trenchless technologies were evaluated for rehabilitation of the existing water main, which included the following: Carbon or Glass Fiber Reinforced Polymer Systems (CFRP/FRP) Cured-in-Place Pipe (CIPP) Slip Lining Close-fit Liners Cementitious Liners – Geopolymer and Cement Mortar Lining (CML) Spray-in-Place Pipe (SIPP) - Polymerics

As concluded in the TM, a Class IV structural class is not achievable due to the inability to pro-vide a 70-foot unsupported span. Therefore, a Class III solution is the maximum structural level of service class that can be provided with the current available technology. If JCSA desires the lowest cost Class III solution, then Slip Lining with Fusible PVC is recommended. In addition to Slip Lining, JCSA expressed interests in further evaluating the costs for the Spray-in-Place Pipe (SIPP) option.

ATTACHMENT 3

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Karlyn Owens, P.E. James City Service Authority October 4, 2021 Page 2

Letter Report Summary.2021 10 04

Summary of Letter Report by Clark Nexsen

Four (4) conceptual design options were considered for the replacement of the water main sup-ports, which included the following. Option 1: Bolting a side saddle bracket to one side of the pier cap Option 2: Bolting a saddle bracket to each side of the pier cap, with one saddle being longer

to allow removal of the cradle and foundation Option 3: Installing a beam across the top of the pile cap between the pipe and the bridge

beam, running parallel to the pipe Option 4: Construction of a temporary structure adjacent to the bridge pier

As concluded in the report, only Options 1 and 2 are viable. Assuming the pipe supports and foundations will be replaced in kind, the estimated construction cost is $50,270 for Option 1 and $57,345 for Option 2.

Summary of Costs

Tables 1 and 2 summarize the Class 5 cost opinions for the Slip Lining and SIPP rehabilitation options assuming that the water main supports will be replaced by bolting a side saddle bracket to one side of the pier cap (Structural Option 1).

Table 1. Class 5 Probable Opinion of Construction Cost for Slip Lining

Description Quantity Unit Unit Price (USD) Total Price (USD)

Mobilization 1 LS $30,000 $30,000

Slip Lining – fPVC® 710 LF $150 $106,500

Access Modifications 1 LS $125,000 $125,000

Pipe Testing of Host Pipe 1 LS $100,000 $100,000

Structural Modifications 1 LS $50,270 $50,270

Exterior Pipe Coating SF 2,840 $20 $56,800

Scaffolding WK 8 $600 $4,800

Articulating Equipment WK 2 $2,500 $5,000

Painting Supports and Envi-ronmental Controls LS 1 $20,000 $20,000

Traffic Control EA/DAY 15 $3,000 $45,000

SUBTOTAL $543,370

CONTINGENCY @ 40% $217,348

SUBTOTAL $760,718

Design Fees $95,000

TOTAL $855,718

Say $860,000

Source of the exterior coating costs: City of Virginia Beach Annual Services Construction Contract for

Aerial Crossing (Project No. PUCN-16-0032)

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Karlyn Owens, P.E. James City Service Authority October 4, 2021 Page 3

Letter Report Summary.2021 10 04

Table 2. Class 5 Probable Opinion of Construction Cost for SIPP

Description Quantity Unit Unit Price (USD) Total Price (USD)

Mobilization 1 LS $30,000 $30,000

SIPP Lining (Class II/III) 710 LF $370 $262,700

Access Modifications 1 LS $80,000 $80,000

Pipe Testing of Host Pipe 1 LS $100,000 $100,000

Structural Modifications 1 LS $50,270 $50,270

Exterior Pipe Coating SF 2,840 $20 $56,800

Scaffolding WK 8 $600 $4,800

Articulating Equipment WK 2 $2,500 $5,000

Painting Supports and Envi-ronmental Controls

LS 1 $20,000 $20,000

Traffic Control EA/DAY 15 $3,000 $45,000

SUBTOTAL $654,570

CONTINGENCY @ 40% $261,828

SUBTOTAL $916,398

Design Fees $95,000

TOTAL $1,011,398

Say $1,010,000

Source of the exterior coating costs: City of Virginia Beach Annual Services Construction Contract for

Aerial Crossing (Project No. PUCN-16-0032)

As a comparison, Table 3 summarizes the Class 5 cost opinion to replace the existing pipe in-kind.

Table 3. Class 5 Probable Opinion of Construction Cost for Replacing 16-Inch Water Main In-Kind

Description Quantity Unit Unit Price (USD) Total Price (USD)

Mobilization 1 LS $40,000 $40,000

16-inch Steel Pipe 710 LF $700 $497,000

Structural Modifications 1 LS $50,270 $50,270

Traffic Control EA/DAY 15 $3,000 $45,000

Crane and Barge 1 LS $40,000 $40,000

SUBTOTAL $672,270

CONTINGENCY @ 40% $268,908

SUBTOTAL $941,178

DESIGN FEES $95,000

TOTAL $1,036,178

Say $1,040,000

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Karlyn Owens, P.E. James City Service Authority October 4, 2021 Page 4

Letter Report Summary.2021 10 04

Therefore, if the existing water main is rehabilitated in-place, slip lining is the least expensive alternative with an estimated cost of $860,000. The SIPP rehabilitation option has an esti-mated cost of $1,010,000.

In comparison, replacing the water main in-kind has a total estimated project cost of $1,040,000. Furthermore, the option to replace the water main in-kind may not be allowed by VDOT and would need their approval prior to further evaluation of an in-kind replacement.

Brown and Caldwell appreciates that James City Service Authority has requested our services in assisting with this project. Should you have any questions, please do not hesitate to call me at 757-279-7051.

Very truly yours, Brown and Caldwell

Jessica M. Kwiatkowski, P.E. Senior Project Manager cc: Chris Garrett, P.E., Brown and Caldwell

David Pryor, P.E., Clark Nexsen Aleta Duff, P.E., Clark Nexsen

Enclosures (2) Enclosure A: Rehabilitation Technology Evaluation Technical Memo prepared by Brown and

Caldwell Enclosure B: Letter Report prepared by Clark Nexsen Limitations: This document was prepared solely for James City Service Authority in accordance with professional standards at the time the services were performed and in accordance with the contract between James City Service Authority and Brown and Caldwell dated May 13, 2021. This document is governed by the specific scope of work authorized by James City Service Authority; it is not intended to be relied upon by any other party except for regulatory authorities contemplated by the scope of work. We have relied on information or instructions provided by James City Service Authority and other parties and, unless otherwise expressly indicated, have made no independent investigation as to the validity, completeness, or accuracy of such information.

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Technical Memorandum

Limitations:This document was prepared solely for James City Service Authority (JCSA) in accordance with professional standards at the time the services were performed and in accordance with the contract between JCSA and Brown and Caldwell dated July 15, 2020. This document is governed by the specific scope of work authorized by JCSA; it is not intended to be relied upon by any other party except for regulatory authorities contemplated by the scope of work. We have relied on information or instructions provided by JCSA and other parties and, unless otherwise expressly indicated, have made no independent investigation as to the validity, completeness, or accuracy of such information.

301 Bendix Road, Suite 400Virginia Beach, VA 23452-1385

T: 757.518.2400

Prepared for: James City Service Authority

Project Title: College Creek Water Main Rehabilitation Study – Rehabilitation Technology Evaluation

Project No.: 156820.300.****

Technical Memorandum [No. 1]

Subject: Rehabilitation Opinion

Date: September 23, 2021

To: Karlyn Owens, PE

From: Jessica Kwiatkowski, PE

Copy to: File

Prepared by:Christopher Garrett, PE – VA 22888

Reviewed by:Jessica Kwiatkowski, PE – Project Manager

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College Creek Water Main Rehabilitation Study – Rehabilitation Technology Evaluation

ii

College Creek WM Rehab Eval.FINAL TM 1.2021 09 23

Table of Contents List of Figures ............................................................................................................................................iiList of Tables.............................................................................................................................................iiiSection 1: Introduction and Background ...................................................................................................11.1 Introduction..........................................................................................................................................11.2 Background .........................................................................................................................................1Section 2: Trenchless Rehabilitation Evaluation .......................................................................................22.1 M28 Structural Classification of Lining Solutions.................................................................................2

2.1.1 Class I Linings ......................................................................................................................22.1.2 Class II and III Linings ..........................................................................................................32.1.3 Class IV Linings ....................................................................................................................3

2.2 Trenchless Rehabilitation Technology Summary ................................................................................42.2.1 Basis of Design.....................................................................................................................42.2.2 Class IV Rehabilitation Limitations .......................................................................................42.2.3 CFRP/FRP............................................................................................................................52.2.4 CIPP .....................................................................................................................................62.2.5 Slip Lining .............................................................................................................................72.2.6 Close-fit Liners......................................................................................................................82.2.7 CML ......................................................................................................................................92.2.8 SIPP - Polymerics...............................................................................................................10

Section 3: Summary and Opinion............................................................................................................11

List of FiguresFigure 1. Project Location (Source: JCSA) ...............................................................................................1Figure 2. Water Main Support System Source: AES Evaluation Report for JCSA (October 2012) ..........2

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College Creek Water Main Rehabilitation Study – Rehabilitation Technology Evaluation

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College Creek WM Rehab Eval.FINAL TM 1.2021 09 23

List of TablesTable 1. Class 5 Probable Opinion of Construction Cost for InfinitPipe® .................................................5Table 2. Class 5 Probable Opinion of Construction Cost for CIPP ...........................................................6Table 3. Class 5 Probable Opinion of Construction Cost for Slip Lining ...................................................7Table 4. Class 5 Probable Opinion of Construction Cost for Close-fit Liners............................................8Table 5. Class 5 Probable Opinion of Construction Cost for Hose Liners.................................................8Table 6. Class 5 Probable Opinion of Construction Cost for CML ............................................................9Table 7. Class 5 Probable Opinion of Construction Cost for SIPP..........................................................10Table 8. Summary of Probable Opinion of Construction Costs for Evaluated Rehabilitation Solutions ..11Table 9. Trenchless Rehabilitation Alternatives Summary......................................................................12

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College Creek Water Main Rehabilitation Study – Rehabilitation Technology Evaluation

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Section 1: Introduction and Background1.1 IntroductionJames City Service Authority (JCSA) owns and maintains a 16-inch diameter steel drinking water transmission main that traverses College Creek in James City County, Virginia. The water main is attached to bridge pile bents along the north face of Jack L. Massie bridge (see Figure 1). The bridge is owned and maintained by the Virginia Department of Transportation (VDOT) and conveys traffic along Route 199 (Humelsine Parkway) over College Creek. JCSA has constructed a new main across College Creek that is not attached to the bridge and proposes to rehabilitate the existing main as an active, redundant transmission main. The intent of this Technical Memorandum (TM) is to evaluate trenchless rehabilitation alternatives that may be suitable for renewing the water main asset.

Figure 1. Project Location (Source: JCSA)

1.2 BackgroundThe 16-inch diameter steel transmission main spans the length of the Route 199 bridge (approximately 710 feet). The water main is supported on the pile bents spaced approximately 70 feet apart that extend beyond the face of the bridge (see Figure 2). The supports generally consist of saddles located on pile bents with localized areas of supplemental steel stiffeners surrounding the steel water main. Pipe sections for the water main are joined by flanged connections with localized flexible connectors. The water main is not protected or insulated and subject to corrosive effects from the tidally-influenced creek and temperature fluctuations throughout the calendar year. It is assumed that the water main was constructed approximately during the same timeframe as the bridge – the early 1970s.

N

Existing 16” Water MainRoute 199

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Figure 2. Water Main Support System Source: AES Evaluation Report for JCSA (October 2012)

Section 2: Trenchless Rehabilitation Evaluation Evaluation of trenchless rehabilitation solutions was based on the AWWA Manual of Water Supply Practices M28, “Rehabilitation of Water Mains,” Third Edition. The M28 standard includes a classification of rehabilitation solutions based on protective and structural capabilities.

2.1 M28 Structural Classification of Lining SolutionsLining systems used to rehabilitate potable water pipelines are classified into four M28 groups (Class I, II, III and IV) according to their effect on the performance of the lined pipe when subjected to operational loadings, including internal operating pressures, transient hydraulics and external loading. Any rehabilitation classification considered for use in potable water systems must be ANSI/NSF 61 approved.

2.1.1 Class I LiningsClass I linings are nonstructural systems used primarily to protect structurally sound pipes from internal corrosion or tuberculation where abatement of current or future leakage is not an issue. They provide no improvement in structural integrity of the host pipe and have a minimal ability to bridge any existing discontinuities, such as corrosion holes or joint gaps.Recommended design objectives for Class I Linings include the following:

Protect the host pipe from internal corrosion and the formation of future corrosion by-products and to be resistant to any deleterious reaction with the fluid being conveyed for the stipulated design life objective.

Confirm that the host pipe provides an industry standard of care factor of safety for anticipated operational loadings. For protective coating systems that mechanically bond to the host pipe wall, confirmation of adhesion is required for polymeric systems and inherent ring stiffness for cementitious or geopolymer systems.

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Confirm that the lining thickness does not reduce hydraulic operating capacity required for the water main asset.

2.1.2 Class II and III LiningsClass II and III linings are both interactive and semi structural systems. When installed, the liners closely fit the host pipe, and any remaining annulus is rapidly eliminated when internal operating pressure expands the lining. The interactive nature of the systems are characterized by the stiffness of the liner being less than that of the host pipe, resulting in internal pressure loads transferred to the host pipe.Class II or III liners have the following operational characteristics:

Long-term (50-year) internal burst strength, when tested independently from the host pipe, is less than the maximum allowable operating pressure (MAOP) of the pipeline to be rehabilitated

Not expected to survive a burst failure of the host pipe, so it cannot be considered as a replacement pipe.

Capable of resisting MAOP when bridging holes and gaps in the host pipe on a long-term basis.The separation of these systems for spanning holes and gaps into two classes is based on their inherent resistance to external buckling forces and dependence on adhesion to the host pipe wall:

Class II systems have minimal inherent ring stiffness and depend entirely on adhesion to the pipe wall to prevent collapse if the pipe is depressurized.

Class III liners have sufficient inherent ring stiffness to be at least self-supporting when depressurized without dependence on adhesion to the pipe wall. Class III liners can also be designed to resist specified external hydrostatic or vacuum loads.

Recommended design objectives for Class II/III Linings include the Class I objectives, plus the capability to resist further external deterioration of the host pipe by providing sufficient hole spanning capability to meet future conditions. However, the lining is not intended to arrest external deterioration of the host pipe or provide sufficient reinforcement to resist a full hoop stress failure of the host pipe.

2.1.3 Class IV LiningsClass IV linings, termed structurally independent, possess the following characteristics:

Long-term (50-year) internal burst strength, when tested independently from the host pipe, equal to or greater than the MAOP of the pipe to be rehabilitated

Capable of surviving anticipated dynamic loading or other short-term effects associated with sudden failure of the host pipe due to internal pressure loads.

Class IV linings are generally considered to be equivalent to a replacement pipe solution, although such linings may not be designed to meet the same requirements for external buckling or longitudinal/bending strength as the original pipe.Recommended design objectives for Class IV Linings include the Class III objectives, plus the capability to resist further external deterioration of the host pipe by providing sufficient reinforcement to resist hoop stress failure of the host pipe as well as other anticipated failure conditions and loads.

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2.2 Trenchless Rehabilitation Technology SummaryTable 9, presented at the end of the TM, provides a summary of technologies that may be considered for rehabilitation of the existing 16-diameter steel water main:

Carbon or Glass Fiber Reinforced Polymer Systems (CFRP/FRP) Cured-in-Place Pipe (CIPP) Slip Lining Close-fit Liners Cementitious Liners - Geopolymer and Cement Mortar Lining (CML) Spray-in-Place Pipe (SIPP) – Polymerics

A planning level, Class 5 probable opinion of construction costs is presented in the following sections for each evaluated technology per the basis of design presented in Section 2.2.1. Planning level costs were confirmed with contractors for the lining alternatives. The cost opinion is limited to Mobilization, Cost for the lining solution, and Access Modifications. The Access Modification cost generally includes asset modifications for construction access; dewatering of the main; traffic control; cleaning; chlorination and testing; annulus grouting; technology-specific connections/connectors; and restoration. It is assumed that JCSA will isolate the main for the work with no requirement for providing temporary water service.Typical accuracy ranges for Class 5 cost opinions are approximately - 20% to -50% on the low side, and +30% to +100% on the high side of actual contractor bid costs. Due to recent construction bidding cost volatility influenced by COVID -19 and supply chain issues, a 40% contingency is included for each cost opinion.

2.2.1 Basis of DesignThe Basis of Design (BOD) was provided by JCSA assuming both the existing 16-inch main and the recently constructed main in service:

Normal day operating pressures = 85 to 95 pounds per square inch gage pressure (psig) Observed transient pressure = 130 psig Vacuum or negative pressures are not anticipated but recommended design pressure by BC = -

10 to -14.7 psig Normal daily distribution demands = 200 to 600 gallons per minute (gpm) Peak daily demand = 1,200 gpm (split between mains) Fire flow demand = 2,000 gpm (split between mains) ANSI/NSF 61 for drinking water applications Class IV rehabilitation with minimum nominal inside diameter as 12 inches

2.2.2 Class IV Rehabilitation LimitationsThe Class IV rehabilitation alternatives presented in Table 9 can satisfy the operational requirements; however, meeting the stiffness requirements to effectively span the 70-foot wide supports with minimal deflection limits the applicability of this standard. For example, PVC C900 DR 18 pipe (thickest pipe wall available for 14-inch pipe) has recommended maximum support spacing as approximately 17 feet. Equivalent HDPE piping has more restrictive support requirements at an approximate 12-foot maximum. CFRP/FRP solutions can theoretically provide this level of stiffness, but the conceptual costs

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associated with the design thickness and perceived associated risk make it cost prohibitive as a solution.It is understood that VDOT will not allow additional pipe supports or replacement of the host pipe as part of an acceptable solution. Therefore, Class IV rehabilitation is not practical with commercially available trenchless solutions.

2.2.3 CFRP/FRPConventional application of CFRP/FRP is not a good fit as a rehabilitation solution for the 16-inch water main. However, QuakeWrap® offers a proprietary, seamless slip line product known as InfinitPipe® (www.infinitpipe.com), which qualifies as a Class III rehabilitation solution with better stiffness than CIPP or other slip line solutions. Product parameters are as follow:

0.3-inch (8 mm) FRP wall thickness suitable for drinking water applications Suitable for pressures up to 900 psi Up to 25 feet unsupported span length with minimal acceptable deflection

Table 1. Class 5 Probable Opinion of Construction Cost for InfinitPipe®

Description Quantity UnitUnit Price

(USD) Total Price (USD)

Mobilization1 LS

Up to 10% Max of Bid

Items$35,000

InfinitPipe 710 LF $400 $284,000

Access Modifications 1 LS $100,000 $100,000

SUBTOTAL $419,000CONTINGENCY @ 40% $167,600

TOTAL $586,600Say $587,000

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2.2.4 CIPPCIPP is considered a Class III solution with Class IV MOAP strength but inadequate stiffness to resist deflection for 70-foot support spans. Product parameters follow ASTM F1216-16 for pressure pipe applications, with a wall thickness of approximately 8 to 14 mm, depending on required unsupported span length.

Table 2. Class 5 Probable Opinion of Construction Cost for CIPP

Description Quantity UnitUnit Price

(USD) Total Price (USD)

Mobilization1 LS

Up to 10% Max of Bid

Items$35,000

CIPP 710 LF $360 $255,600

Access Modifications 1 LS $100,000 $100,000

SUBTOTAL $390,600CONTINGENCY @ 40% $156,240

TOTAL $546,840Say $547,000

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2.2.5 Slip LiningSlip Lining is considered a Class III solution with Class IV MOAP strength but inadequate stiffness to resist deflection for 70-foot support spans. Product parameters are as follow:

13.2-inch outside diameter (11.7-inch inside diameter), DR 18 DIPS Fusible PVC® (fPVC):Maximum Working Pressure = 235 psi; or

14-inch outside diameter (11.7-inch inside diameter), DR 9 DIPS HDPE (butt-fused): MaximumWorking Pressure = 250 psi.

The cost opinion presented below assumes fPVC due to its smaller outside diameter and anticipated resistance to temperature induced creep, compared to HDPE.

Table 3. Class 5 Probable Opinion of Construction Cost for Slip Lining

Description Quantity UnitUnit Price

(USD) Total Price (USD)

Mobilization1 LS

Up to 10% Max of Bid

Items$20,000

Slip Lining – fPVC® 710 LF $150 $106,500

Access Modifications 1 LS $125,000 $125,000

SUBTOTAL $251,500CONTINGENCY @ 40% $100,600

TOTAL $352,100Say $352,000

Note: Pull loads will need to be verified and considered for this alternative. fPVC has an estimated safe pulling force limit of approximately 80,000 lbs. for this alternative. Laydown for butt-fusing and pull-in activities are accounted for with increased Access Modification costs.

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2.2.6 Close-fit LinersClose-fit Liners evaluated include HDPE close-fit, such as swage lining, and flexible reinforced fabric liners (hose style). Both types are considered Class III solutions. Product parameters are as follow:

HDPE close-fit, 16-inch outside diameter, DR 17 that requires no grouting of annulus; 14-inch inside diameter hose liner installed from a reel as a single pull.

Table 4. Class 5 Probable Opinion of Construction Cost for Close-fit Liners

Description Quantity UnitUnit Price

(USD) Total Price (USD)

Mobilization1 LS

Up to 10% Max of Bid

Items$30,000

Clos-fit Liner - HDPE 710 LF $350 $248,500

Access Modifications 1 LS $100,000 $100,000

SUBTOTAL $378,500CONTINGENCY @ 40% $151,400

TOTAL $529,900Say $530,000

Table 5. Class 5 Probable Opinion of Construction Cost for Hose Liners

Description Quantity UnitUnit Price

(USD) Total Price (USD)

Mobilization1 LS

Up to 10% Max of Bid

Items$30,000

Hose Liner 710 LF $350 $248,500

Access Modifications 1 LS $80,000 $80,000

SUBTOTAL $358,500CONTINGENCY @ 40% $143,400

TOTAL $501,900Say $502,000

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2.2.7 CMLCML would be an ideal non-structural, protective coating for an unlined main or a main with a cementitious coating that needs refreshed, where the structural integrity of the pipe is considered satisfactory. It would be considered a Class I solution for the existing 16-inch steel water main. Product parameters follow AWWA C602 (Cement-Mortar Lining of Water Pipelines in Place – 4 in. and Larger) as follow:

3/8-inch (10 mm) coating applied by spincaster method

Table 6. Class 5 Probable Opinion of Construction Cost for CML

Description Quantity UnitUnit Price

(USD) Total Price (USD)

Mobilization1 LS

Up to 10% Max of Bid

Items$15,000

CML Coating(Class I)

710 LF $150 $106,500

Access Modifications 1 LS $80,000 $80,000

SUBTOTAL $201,500CONTINGENCY @ 40% $80,600

TOTAL $282,100Say $282,000

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2.2.8 SIPP - PolymericsSIPP polymerics consist of epoxies, urethanes, polyureas and hybrid formulations. They can be Class I, II or III depending on the formulation and the coating thickness. Polymerics can provide MOAP but do not provide stiffness support, and categorically do not meet Class IV requirements due to adhesion to the host pipe. For the purposes of this evaluation, a minimum liner thickness of 250 mils (1/4-inch) dry film thickness was assumed for a Class II/III semi-structural solution. The actual design thickness could range from approximately 125 to 300+ mils, depending on physical properties of the polymeric and the amount of internal and external host pipe deterioration. Regardless of design thickness, the product would be applied by spincaster method in accordance with AWWA C620-19 (Spray-in-Place Polymeric Lining for Potable Water Pipelines – 4 in. and Larger).

Table 7. Class 5 Probable Opinion of Construction Cost for SIPP

Description Quantity UnitUnit Price

(USD) Total Price (USD)

Mobilization1 LS

Up to 10% Max of Bid

Items$30,000

SIPP Lining(Class II/III)

710 LF $370 $262,700

Access Modifications 1 LS $80,000 $80,000

SUBTOTAL $372,700CONTINGENCY @ 40% $149,080

TOTAL $521,780Say $522,000

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Section 3: Summary and OpinionSix trenchless technologies were evaluated for rehabilitation of the existing 16-inch diameter water transmission main. Table 8 summarizes the probable opinions of construction cost for each.

Table 8. Summary of Probable Opinion of Construction Costs for Evaluated Rehabilitation Solutions

Trenchless Rehabilitation

Technology

M28Structural

ClassCost

(USD)Comments

CFRP/FRP III $587,000 InfinitPipe provides unsupported span up to 25 feet

CIPP

III $547,000

Wall thickness can be increased to provide unsupported span up to 25 feet – cost opinion would increase commensurate with increase in liner thickness

Slip Lining III $352,000 12” nominal diameter based on fPVC®

Close-fit HDPE III $530,000

Close-fit Hose III $502,000

CML I $282,000 Nonstructural solution that may be an alternative if host pipe structural integrity can be confirmed.

SIPPII/III $522,000

Assumes 250 mils. Dry Film Thickness could range from 125 to 300+ mils, depending on structural class and condition of host pipe.

Understanding that a Class IV solution is not attainable because of inability to provide a70-foot unsupported span, Class III structural class is the maximum structural level of service class that can be provided with currently available technologies. If JCSA desires the lowest cost Class III solution, then Slip Lining with Fusible PVC® is recommended. If a Class IV solution is required, then JCSA should seek a waiver from VDOT to allow in-kind replacement of the existing steel water main.

For a Class I or Class II trenchless solution to be considered, then an inline inspection is recommended. The inspection services to confirm wall thickness and structural integrity could be $150,000 or more. The recommended rule-of-thumb is for inspections to cost less than 25% of the repair or replacement solution. Therefore, a viable inspection should cost less than approximately $80,000 for inline inspection to be financially viable. Finally, the comparable costs between Slip Lining and CML suggest that a modest increase in construction costs may provide a substantially improved structural class solution using Slip Lining.

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Table 9. Trenchless Rehabilitation Alternatives Summary

Carbon or Glass Fiber Reinforced Polymer Systems (CFRP/FRP) Cured-in-Place Pipe (CIPP) Slip Lining Close-fit

Liners

Cementitious LinersGeopolymer and Cement Mortar

Lining (CML)Spray-in-Place Pipe (SIPP) - Polymerics

RecommendedApplications

• Structural repair for pipes, and other structures, including access structures, etc.

• Available as internal or external applications – limited internal applications for smaller diameter pipes

• Customization provides options for design service life

• Applicable to pipe materials but not preferred for plastic piping due to host pipe smoothness

• ASTM F1216-16 provides a 50-year design life

• Requires entrance and exit access pits for installation, generally at valve locations

• Applicable to all pipe materials but reduces hydraulic capacity of the system upon rehabilitation

• Requires entrance and exit access pits for installation.

• Swage (compressed fit) lining and hose liners are included in the category

• Applicable to all pipe materials with less hydraulic capacity reduction than slip lining

• Requires entrance and exit access pits for installation, generally at valve locations

• Geopolymer: Applicable to all pipe materials

• Limited site access or installation footprint with ability to small batch mixing for smaller installation window compared to other trenchless technologies

• Polymerics include epoxies, polyureas, polyurethanes and other chemical formulations appropriate as renewal technologies for drinking water assets.

• Design service life based on required dry film thickness

AWWA M28Structural Class

• Up to Class IV• NSF 61 Available

• Up to Class IV• NSF 61 Available• Epoxy resins predominate the market

• Up to Class IV• NSF 61 Available

• Up to Class IV though hose liners, such as Primus Line® W-Liner and Thermopipe®, are generally Class II/III solutions. Primus Line claims to be structural independent.

• NSF 61 Available

• Up to Class III with additional reinforcement but Class I is generally the targeted application

• NSF 61 Available

• Up to Class III based on dry film thickness

• NSF 61 Available

Size Limitation

• Suitable for localized repairs - full-length repairs possible, but considered the most expensive of the trenchless repair options

• 6” to 24+” diameter• Aegion InsituMain offers 6” to 96”

diameter solutions• Pressure rating generally up to 150 psi

with host pipe depressurized. Variable pressure ratings depending on manufacturer.

• 4” to 60” diameter for butt-fused HDPE – reduced operating pressure capacity at larger diameters.

• Fusible PVC® (fPVC) with operating pressures up to 200 psi for diameters up to 36”. 12” diameter available up to 305 psi as DR 14 pipe.

• Significant loss of internal diameter of host pipe

• 4” to 48+” diameter using thermoplastic (PE) pipe, but generally used in 6” to 20” diameter pipe sizes. Thermopipe® maximum size is presently limited12-inch nominal diameter pipes.

• No upper limit• CML: 4” diameter to larger sizes with

spincast capabilities• Geopolymer: Lower limit presently at

36” diameter conduits, but may be able to be used for smaller conduits with specialized application equipment

• Up to 200” in diameter for robotic systems

• No upper limit for man-entry applications

ApplicationDistance

• No limitations on distance for man entry applications

• For internal applications, consult with installer

• 600 to 1,000 feet depending on valving and fittings. Can navigate up to 45-degree bends depending on pipe size and geometry. Navigating bends may result in pressure derating of the CIPP solution.

• Up to 3,000 feet or more using pull in method in any one direction from access pit depending on valving and fittings

• Butt fusion assumed for the 16” water main using either fPVC or HDPE pipe.

• Compressed fit liners similar to slip lining

• 600 to 7,000 feet for hose systems depending on valving and fittings and amount of product if hose reel deployment system is used. Can navigate up to 45-degree bends depending on pipe size and geometry.

• Up to 600 feet in any one direction from install location with spincasting system

• Similar to CML but robotic application advancements may extend range in near future

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4525 Main Street, Suite 1400

Virginia Beach, VA 23462

P: 757.455.5800 | F: 757.455.5638

clarknexsen.com

September 2, 2021

Jessica Kwiatkowski, PE

Brown and Caldwell

301 Bendix Road, Suite 400

Virginia Beach, VA 23452

RE: Water Main Rehabilitation at College Creek Bridge

Dear Ms. Kwiatkowski:

This letter documents the conceptual engineering and design of the replacement of supports for a 16 inch

watermain supported by the Jack L. Massie Bridge on Route 168 in Williamsburg, VA.

Current Conditions

The 16-inch watermain is supported by galvanized steel cradles on each concrete pile bent as is shown in

Figure 1. The cradles are welded to the pipe on one side and a large u-bolt is used to restraint the pipe

vertically on the other side. The steel cradle is bolted to the concrete pile cap on the side and top. A

concrete bridge beam is approximately 8 inches from the outer edge of the watermain.

Figure 1 - Typical Watermain Support

The spacing of the pile caps is approximately 70 feet. The bridge deck appears to extend over the watermain,

however it is not recommended that the bridge deck or soffit is used for support.

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ASSUMPTIONS

The conceptual design options for the replacement of the watermain supports are based on the following

assumptions:

• The pipe supports and foundations will be replaced in kind.

• At the time of replacement, the pipe will be empty.

• The pipe will be jacked 1”–2” to facilitate the removal and installation of new supports and

foundations.

• Any foundation installed to support the pipe during installation will be temporary.

• Concrete and anchor bolts are in sound structural condition. It is recommended that the contractor

verify this assumption prior to installation of brackets.

DESIGN OPTIONS

Four conceptual design options were considered for the replacement of the watermain supports. A brief

description of each, along with benefits and drawbacks, are summarized on the following pages.

Option 1 involves bolting a side saddle bracket to one side of the pier cap; see Figure 2. A hydraulic jack

would be placed between the bracket and the watermain to elevate the pipe for removal of the pipe cradle.

The benefits of this option are that the bracket and jack would be easy to install, and the supports would be

easily accessible for replacement. A drawback for this option is the fact that the pier cap would need to be

drilled into for installation of the bracket, and the cap would then need to be repaired after the support

replacement is complete. Another obstacle is that the jack would increase the span of the main during the

repair. Lastly, if the foundation is removed for a long period of time, a second saddle may be required to be

installed for cribbing since the hydraulic jack cannot be used long term.

Figure 2 – Option 1: Side Saddle

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Option 2 involves bolting a saddle bracket to each side of the pier cap, with one saddle being longer to allow

removal of the cradle and foundation; see Figure 3. A hydraulic jack would be placed on both saddles

between the bracket and the watermain to elevate the pipe. This option allows for more balanced spans of

the watermain during the replacement. The longer saddle also makes the replacement of the supports easily

accessible. Similar to the first option, a drawback for this design is the fact that the pier cap would need to

be drilled into for installation of the bracket, and the cap would then need to be repaired after the support

replacement is complete. Additionally, the longer bracket would be heavier and would have a large moment

arm applied eccentrically to reach the pipe which could make anchoring into the concrete pier cap more

difficult.

Figure 3 – Option 2: Dual Saddles

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Option 3 involves installing a beam across the top of the pile cap between the pipe and the bridge beam,

running parallel to the pipe; see Figure 4. This beam would then have additional support beams installed at

each end running perpendicular to the pipe – one end below the pipe and one end below the bridge beam.

Hydraulic jacks between these support beams and the pipe would elevate the watermain to allow access for

the replacement, while the bridge beam would provide a counterbalance for the jacking force. A benefit of

this option is that the pier cap would not need to be damaged to install the temporary support. However,

after reviewing pictures from the 2012 Watermain Inspection Report, it appears that there may not be

sufficient room for this type of support, as the bridge beam bearings and anchor bolts would be in the way of

the beam that would need to rest on the pier cap as is shown in Figure 5. Therefore, this option may not be

feasible.

Figure 4 – Option 3: Counter-Balance Beam

Figure 5 – Bridge beam bearing and anchor bolts between watermain and bridge beam

A fourth option was briefly considered that involved construction of a temporary structure adjacent to the bridge

pier. Although this option would allow replacement of the supports without damaging the pier cap, the cost with

this option would likely be much higher. Piles would need to be driven into the waterway which would involve

permitting. The increase in cost, anticipated additional labor, and amount of materials required eliminated this

concept as an option.

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COST ESTIMATE

Based on the conceptual designs only Option 1 and 2 are viable. A high-level cost estimate is provided for

these two options with the following assumptions:

• The contractor will replace the pipe cradles one bent at time, therefore only one set of brackets for

either option is fabricated

• The brackets will be installed and removed on each bent

• Average labor cost of $200/person for field work

Option 1

Fabrication

Assume 10 sf of steel at ¾” thick = 306# = 0.153 tons

Steel fabrication cost, nation average = $1843/ton

Fabrication cost = $282/bracket

Shipping cost = $200/bracket

Subtotal = $482/bracket

Profit @ 10% = $ 48/bracket

Subtotal Fabrication cost = $530/bracket

Labor

Installation

3 person crew x 1 day x $200/person/day = $600/bent

Removal

3 person crew x 1 day x $200/person/day = $600/bent

Subtotal/bent =$1,200/bent

11 bents x 11 bents

Subtotal Labor $13,200

Crane and Crane and Float Service

35 ton crane

Mobilization $2,500

Rental Rate $6000/month x 1.07 x 2m $12,840

Operator $400/day x 44 days $17,600

Float $1800/month $ 3,600

Subtotal Crane and Float $36,540

Total Fabrication and Labor $50,270

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Should any of the assumptions on the cost estimates change these cost estimates should be revised as required.

As always, we appreciate the opportunity to provide Brown and Caldwell with professional engineering services.

Please do not hesitate to contact us with any comments or questions.

Sincerely,

CLARK NEXSEN, Inc.

David W. Pryor, PE

Director of Waterfront Engineering

(757) 351-1174

dpryor@clarknexsen.com

Option 2

Fabrication

Assume 20 sf of steel at ¾” thick = 612# = 0.306 tons

Steel fabrication cost, nation average = $1843/ton

Fabrication cost = $564/bracket set

Shipping cost = $250/bracket set

Subtotal = $814/bracket set

Profit @ 10% = $ 81/bracket set

Total Fabrication cost = $1005/bracket set

Labor

Installation

3 person crew x 1.5 day x $200/person/day = $900/bent

Removal

3 person crew x 1.5 day x $200/person/day = $900/bent

Subtotal/bent =$1800/bent

11 bents x 11 bents

Total Labor $19,800

Crane and Crane and Float Service

35 ton crane

Mobilization $2,500

Rental Rate $6000/month x 1.07 x 2m $12,840

Operator $400/day x 44 days $17,600

Float $1800/month $ 3,600

Subtotal Crane and Float $36,540

Total Fabrication and Labor $57,345

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Route 199 College Creek Water Main Project 

Analysis of Pipe Replacement Alternatives 

JCSA considered several alternatives for replacement of the existing 16” steel water main pipe that is 

attached to the bridge pile bents along the north face of Jack L. Massie Bridge in James City County. 

Alternative 1 ‐ Directional Drill 

In March 2021, JCSA completed a project to install a 14” HDPE water main underneath College Creek on 

the south side of the Jack L. Massie Bridge. This directionally drilled water main replaced a 12” water 

main that had been installed in College Creek in the 1980s and has since failed. During construction of 

the new 14” water main, poor soil conditions were encountered as deep as 40’ below the bottom of the 

creek, resulting in several frac‐out events where the drilling fluid was visible coming up through the 

creek.  The directional drill ended up going deeper and taking longer than expected. The poor soil 

conditions encountered during construction likely contributed to the failure of the original 12” pipe.  

Since there are already two water mains installed on the south side of the bridge, there is no more right 

of way available and accessible on the south side of the bridge for a third directionally drilled water 

main. The north side of the bridge appears to not have adequate right of way or access for a directional 

drill. Due to the questionable nature of the soils and lack of additional space, installing another 

directionally drilled water main is not desirable and may not be feasible. Having one water main 

directionally drilled and a second water main attached to the bridge provides two completely 

independent systems that provides JCSA with better system redundancy than two directionally drilled 

mains would provide.   

Alternative 2 – Stand Alone Pipe Bridge 

A stand alone pipe bridge is not a reasonable option for pipe replacement due to the significant amount 

of environmental impacts that would be encountered and the extensive permitting required. A large 

scale engineering analysis, including modeling of the entire watershed, would likely be required in order 

to determine whether the structure would impact the flood plain. This alternative would also have a 

very high construction cost since it requires the most work performed in the water way, and new piles 

would be required across the entire pipe span. 

Alternative 3 – Install Underneath Bridge Deck Per Current VDOT Standards 

Installing the pipe underneath the bridge deck is not a feasible alternative without modifications to the 

bridge structure. There is an existing HRSD sewer line that runs underneath the bridge.  The span where 

the HRSD line is installed has concrete buttress supports that are installed differently than the other 

three spans. The three remaining spans have concrete buttress supports that go low enough that there 

is not adequate room to install a new pipe between them and the support piers. Additionally, the 

location where the existing water pipe transitions from below grade to above grade at the east and west 

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side of the bridge is very close to the bridge itself. In order to re‐route the pipe along the underside of 

the bride, these transitions would need significant modifications which could impact the bridge 

structure/foundation and the roadway/shoulder at the bridge approach. See below for photos of 

underneath the bridge deck as well as where the pipe transitions. 

 HRSD Sewer Pipe Below Bridge Deck  

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 Insufficient Space Between Existing Piers and Concrete Buttress Supports  

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 Limited Space Between Existing Bride Deck and Water Main Pipe Transition (East Side)  

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 Limited Space Between Existing Bride Deck and Water Main Pipe Transition (East Side)  

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 Limited Space Between Existing Bride Deck and Water Main Pipe Transition (East Side)  

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 Limited Space Between Existing Bride Deck and Water Main Pipe Transition (West Side)  

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 View of Pipe Span from West Side  

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