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C-1.5

accordance with the Contract Documents, so that the Project or specified part can be
utilized for the purposes for which it is intended.

2.25 “Supplemental General Conditions’ means modifications to these general
conditions required by a Federal agency for participation in the PROJECT and approved
by the agency in writing prior to inclusion in the CONTRACT DOCUMENTS, or such
documents that may be imposed by applicable State laws.

2.26 “Supplier” means any person or organization who supplies materials or equipment
for the Work, including that fabricated to a special design, but who does not perform
labor at the site.

2.27 “Work” means all labor necessary to produce the construction required by the
contract documents, and all materials and equipment incorporated or to be incorporated
in the project.

2.28 “Written Notice” means any notice to any party of the Agreement relative to any
part of this Agreement in writing and considered delivered and the service thereof
completed, when posted by certified or registered mail to the said party at his last given
address, or delivered in person to said party or his authorized representative on the Work.

Additional Instructions and Detail Drawings. The Contractor may be furnished
additional instructions and detail drawings as necessary to carry out the work included in
the contract. The additional drawings and instructions thus supplied to the Contractor
will coordinate with the contract documents and will be so prepared that they can be
reasonably interpreted as part thereof.

Shop or Setting Drawings. Shop or setting drawings shall be in accordance with the
following:

4.1 The Contractor shall furnish 6 copies of the manufacturer's shop drawings,
specific design data as required in the detailed specifications, and technical literature
covering all equipment and fabricated materials which he proposes to furnish under this
contract in sufficient detail to indicate full compliance with the specifications. Shop
drawings shall indicate the method of installing, the exact layout dimensions of the
equipment or materials, including the location, size and details of valves, pipe
connections, etc.

4.2. No equipment or materials shall be shipped until the manufacturer's shop
drawings and specifications or other identifying data, assuring compliance with these
specifications, are approved by the Engineer.

4.3 The Contractor shall check and verify all field measurements and shall be
responsible for the prompt submission of all shop and working drawings so that there
shall be no delay in the work.

4.4 Regardless of corrections made in or approval given to such drawings by the
Engineer, the Contractor will nevertheless be responsible for the accuracy of such

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drawings and for their conformity to the plans and specifications. The Contractor shall
notify the Engineer in writing of any deviations at the time he furnishes such drawings.
He shall remain responsible for the accuracy of the drawings showing the deviations but
not for the acceptance of the deviations from the original design shown in the plans and
specification. Approval by the Engineer and the Owner of any deviation in material,
workmanship or equipment proposed subsequent to approval of the shop drawings or
design data, shall be requested in writing by the Contractor.

4.5 When submitted for the Engineer's review, Shop Drawings shall bear the
Contractor's certification that he has reviewed, checked and approved the Shop Drawings
and that they are in conformance with the requirements of the Contract Documents.

Materials, Services, Facilities and Workmanship shall be furnished as follows:

5.1 Except as otherwise specifically stated in the contract documents, the Contractor
shall provide and pay for all materials, labor, tools, equipment, water, light, power,
transportation, superintendence, temporary construction of every nature, and all other
services and facilities of every nature whatsoever necessary to execute, complete, and
deliver the work within the specified time.

5.2. Unless otherwise specifically provided for in the specifications, all workmanship,
equipment, materials and articles incorporated in the work shall be new and the best
grade of the respective kinds for the purpose.

5.3 The Contractor shall furnish to the Engineer for approval the manufacturer's
detailed specifications for all machinery, mechanical and other special equipment, which
he contemplates installing together with full information as to type, performance
characteristics, and all other pertinent information as required.

5.4. Materials which are specified by reference to the number or symbol of a specific
standard, such as an ASTM standard, a federal specification or other similar standard,
shall comply with requirements in the latest revision thereof and any amendment or
supplement thereto in effect on the date of the advertisement for bids, except as limited to
type, class or grade, or modified in such reference. The standards referred to shall have
full force and effect as though printed therein.

5.5 For equipment or for materials, when requested by the Engineer, the Contractor
shall submit certificates of compliance from the manufacturer, certifying that the
equipment or the materials comply with the requirements of the specifications or the
standards.

5.6 Manufactured articles, materials, and equipment shall be applied, installed,
connected, erected, used, cleaned and conditioned as directed by the manufacturer.

5.7. Materials, supplies, and equipment shall be in accordance with samples submitted
by the Contractor and approved by the Engineer.

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Contractor's Title To Materials. No material, supplies, or equipment to be installed or
furnished under this contract shall be purchased subject to any chattel mortgage or under
a conditional sale, lease purchase or other agreement by which an interest therein or in
any part thereof is retained by the seller or supplier. The Contractor shall warrant good
title to all materials, supplies, and equipment installed or incorporated in the work and
upon completion of all work, shall deliver the same together with all improvements and
appurtenances constructed or placed thereon by him to the Owner free from any claims,
liens, or charges. Neither the Contractor nor any person, firm or corporation furnishing
any material or labor for any work covered by this contract shall have any right to a lien
upon any improvement or appurtenance thereon. Nothing contained in this paragraph,
however, shall defeat or impair the right of persons furnishing materials or labor to
recover under any bond given by the Contractor for their protection or any rights under
any law permitting such persons to look to funds due the Contractor in the hands of the
Owner. The provisions of this paragraph shall be inserted in all subcontracts and material
contracts and notice of its provisions shall be given to all persons furnishing materials for
the work when formal contract is entered into for such materials.

Inspection and Testing of Materials shall be as follows:

7.1 All materials and equipment used in the construction of the project shall be
subject to inspection and testing by the Engineer in accordance with accepted standards at
any and all times during manufacture or during the project construction and at any or all
places where such manufacture 1s carried on.

7.2. The Contractor shall furnish promptly upon request by the Engineer, all materials
required to be tested. All tests made by the Engineer shall be performed in such manner
and ahead of scheduled installation, as not to delay the work of the Contractor. When
required, testing of concrete, masonry, soils, pipe and pipe materials will be made in
accordance with provisions in the specifications.

7.3. Material required to be tested which is delivered to the job site shall not be
incorporated into the work until the tests have been completed and approval or
acceptance given in writing by the Engineer.

7.4 Each sample submitted by the Contractor for testing shall carry an identification
label containing such information as is requested by the Engineer. It shall also include a
statement that the samples are representative of the remaining materials to be used on the
project.

7.5. Approval of any materials shall be general only and shall not constitute a waiver
of the Owner's right to demand full compliance with the contract requirements.

7.6 The Engineer may, at his own discretion, undertake the inspection of materials at
the source. In the event plant inspection is undertaken, the following conditions shall be
met:

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a. The Engineer shall have the cooperation and assistance of the Contractor
and the producer with whom he has contracted for materials.

b. The Engineer shall have full entry at all reasonable times to such areas as
may concern the manufacture or production of the materials being furnished.

c. If required, the Contractor shall arrange for a building for the use of the
inspector; such building to be located near the plant, independent of any building
used by the material producer, in which to house and use the equipment necessary
to carry on the required tests. Cost for such arrangement shall be paid by the
Owner as a stated allowance in the bid.

d. Adequate safety measures shall be provided and maintained at all times.

Except as otherwise specifically stated in the contract, the costs of sampling and

testing will be divided as follows:

7.8

a. The Contractor shall furnish the Engineer, without extra cost, all samples
required for testing purposes. All sampling and testing including the number and
selection of samples shall be determined by the Engineer for his own information
and use.

b. When testing of materials is specified in the appropriate section of the
specifications, the cost of the same shall be charged to the Owner or Contractor,
as detailed in the specifications. However, costs of equipment performance tests
shall be borne by the Contractor, as detailed in the appropriate section of the
specifications.

c. When the Contractor proposes a material, article or component as equal to
the ones specified, reasonable tests may, or may not, be required by the Engineer.
If the Engineer requires tests of a proposed equal item, the Contractor will be
required to assume all costs of such testing.

d. Any material, article or component which fails to pass tests required by
the Engineer or by the specifications, will be rejected and shall be removed from
the project site. However, if, upon request of the Contractor, retesting or further
tests are permitted by the Engineer, the Contractor shall assume all costs related to
such retesting or further tests.

e. Neither the Owner nor the Engineer will in any way be charged for the
manufacturer's costs in supplying certificates of compliance.

If the Contract Documents, laws, ordinances, rules, regulations or orders of any

public authority having jurisdiction require any Work to specifically be inspected, tested
or approved by someone other than the Contractor, the Contractor will give the Engineer

C-1.9

timely notice of readiness. The Contractor will then furnish the Engineer with the
required certificates of inspection, testing or approval.

7.9 Inspections, tests, or approvals by the engineer or others shall not relieve the
Contractor from obligations to perform the Work in accordance with the requirements of

the Contract Documents.

“Or Equal” Clause, Substitutions and Contractor Options.

8.1 | Whenever a material, article, or piece of equipment is identified on the plans or in
the specifications by reference to manufacturer's or vendor's names, trade names,
catalogue numbers, etc., it is intended merely to establish a standard of quality and
performance. Any material, article, or equipment of other manufacturers and vendors,
which will perform satisfactorily the duties imposed by the general design, shall be
considered equally acceptable provided the material, article, or equipment so proposed is,
in the opinion of the Engineer, of equal quality and function. The Engineer shall
determine equality based on such information, tests, or other supporting data that may be
required of the Contractor.

8.2 Upon acceptance and approval by the Engineer of an equal product, it shall
remain the responsibility of the Contractor to coordinate installation of the item with all
other items to be furnished to assure proper fitting together of all items. Similar
responsibility applies to items which are left to the Contractor's option. Any additional
cost of equal items and any additional cost incidental to the coordination and/or fitting
together of such items shall be borne by the Contractor at no extra cost to the Owner.

8.3 If a specified or equal item is not available to meet the construction schedule, the
Contractor may propose a substitute item of less than equal performance and quality. If
this substitute is acceptable to the Engineer, any difference in purchase cost or costs
incidental to the installation of such item will be negotiated between the parties to the
contract.

8.4 Neither equal nor substitute items shall be installed without written approval of
the Engineer.

8.5 The Contractor shall warrant that if substitutes are approved, no major changes in
the function or general design of the Project will result.

Patents. Patent information is as follows:

9.1 The Contractor shall hold and save the Owner and its officers, agents, servants,
and employees harmless from liability of any nature or kind, including cost and expenses
for, or on account of, any patented or unpatented invention, process, article, or appliance
manufactured or used in the performance of the contract, including its use by the Owner,
unless otherwise specifically stipulated in the contract documents.

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9.2 License and/or royalty fees for the use of a process used in wastewater plant
design which is authorized by the Owner for the project, must be reasonable, and paid to
the holder of the patent, or his authorized licensee.

9.3 If the Contractor uses any design, device or materials in the construction methods
for the project covered by patents or copyrights, he shall provide for such use by suitable
agreement with the owner of such patented or copyrighted design, device or material. It
is mutually agreed and understood, that, without exception, the contract prices shall
include all royalties or costs arising from the use of such design, device or materials, in
any way involved in the work. The Contractor and/or his sureties shall indemnify and
save harmless the Owner of the project from any and all claims for infringement by
reason of the use of such patented or copyrighted design, device or materials or any
trademark or copyright in connection with work agreed to be performed under this
contract, and shall indemnify the Owner for any cost, expense or damage which it may be
obliged to pay by reason of such infringement at any time during the construction of the
work or after completion of the work.

Surveys. Surveys of land, property and construction shall be as follows:

10.1. The Owner will provide all land surveys and will establish and locate all property
lines relating to the project.

10.2. For structures, the Engineer will establish and stake out one or more base lines as
needed and will establish bench marks in and around the project site for the use of the
Contractor and for the Engineer's own reference in checking the work in progress. For
structures such as pipelines, the Engineer will establish the location of the pipe, manholes
and other appurtenances, and will establish bench marks along the route of the pipeline at
intervals for the using of the Contractor and for his own reference in checking the pipe
and manhole inverts and other elevations throughout the project. The Contractor shall
utilize the lines and bench marks established by the Engineer to set up whatever specific
detail controls he may need for establishing location, elevation lines and grades of all
structures. All this work is subject to checking, approval, and continuous surveillance by
the Engineer to avoid error. The Contractor shall provide the Engineer with a qualified
man or men to assist in this checking as needed and on request of the Engineer.

10.3. For construction other than pipelines and appurtenances in roadways and cross
country, the Contractor shall be responsible for the location and setting lines and grades.
The Contractor shall establish the location for pump station and wastewater treatment
facility structures, associated yard piping including electrical conduits, internal piping
and all equipment. Base lines and benchmarks for setting of the lines and grades for the
above shall be provided by the Engineer.

10.4 Protection of stakes. The Contractor shall protect and preserve all of the
established baseline stakes, bench marks, or other controls placed by the Engineer. Any
of these items destroyed or lost through fault of the Contractor will be replaced by the
Engineer at the Contractor's expense.

11.

12.

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Contractor's Obligations are as follows: The Contractor shall and in good workmanlike
manner, do and perform all work and furnish and pay for all supplies and materials,
machinery, equipment, facilities and means, except as herein otherwise expressly
specified, necessary or proper to perform and complete all the work required by this
contract, within the time stated in the proposal in accordance with the plans and drawings
covered by this contract, and any and all supplemental plans and drawings, in accordance
with the directions of the Engineer as given from time to time during the progress of the
work, whether or not he considers the direction in accordance with the terms of the
contract. He shall furnish, erect, maintain and remove such construction plant and such
temporary works as may be required. The Contractor shall observe, comply with, and be
subject to all terms, conditions, requirements, and limitations of the contract documents,
and shall do, carry on and complete the entire work to the satisfaction of the Engineer and
Owner.

Contractor shall carry on the work and adhere to the progress schedule during all
disputes, disagreements or unresolved claims with the Owner. No work shall be delayed
or postponed pending the resolution of any disputes, disagreements, or claims except as
the Owner and Contractor may otherwise agree in writing.

Weather Conditions. In the event of temporary suspension of work, or during inclement
weather, or whenever the Engineer shall direct, the Contractor and his Subcontractors
shall protect their work and materials against damage or injury from the weather. If, in
the opinion of the Engineer, any work or material shall have been damaged or injured by
reason of failure on the part of the Contractor or any of his Subcontractors to so protect
his work, such materials shall be removed and replaced at the expense of the Contractor.

Protection of Work and Property shall be provided as follows:

13.1. The Contractor shall at all times safely guard the Owner's property from injury or
loss in connection with this contract. He shall at all times safely guard and protect his
own work, and that of adjacent property, from damage. The Contractor shall replace or
make good any such damage, loss or injury unless caused directly by errors contained in
the contract, or by the Owner, or his authorized representatives. The Contractor will
notify owners of adjacent utilities when prosecution of the Work may affect them.

13.2 The Contractor shall take all necessary precautions for the safety of employees on
the work site, and shall comply with all applicable provisions of federal, state and
municipal safety laws and building codes to prevent accidents or injury to persons on,
about or adjacent to the premises where the work is being performed. He shall erect and
properly maintain at all times, as required by the conditions and progress of the work, all
necessary safeguards for the protection of the workmen and the public and shall post
danger signs warning against the hazards created by such features of construction as
protruding nails, hoists, well holes, elevator hatchways, scaffolding, window openings,
stairways, trenches and other excavations, and falling materials, and he shall designate a
responsible member of his organization on the work, whose duty shall be the prevention
of accidents. The name and position of any person so designated shall be reported to the

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Engineer by the Contractor. The person so designated shall be available by phone during
nonworking hours.

13.3. In case of emergency which threatens loss or injury of property, and/or safety of
life, the Contractor is allowed to act, without previous instructions from the Engineer. He
shall notify the Engineer immediately thereafter. Any claim for compensation by the
Contractor due to such extra work shall be promptly submitted in writing to the Engineer
for approval.

13.4 When the Contractor has not taken action but has notified the Engineer of an
emergency threatening injury to persons or damage to the work or any adjoining
property, he shall act as instructed or authorized by the Engineer.

13.5. The intention is not to relieve the Contractor from acting, but to provide for
consultations between Engineer and Contractor in an emergency which permits time for
such consultations.

13.6 The amount of reimbursement claimed by the Contractor on account of any
emergency action shall be determined in the manner provided in Article 17 (extra work
and change orders) of the general conditions.

Inspection of work for conformance with plans and specifications.

14.1. For purposes of inspection and for any other purpose, the Owner, the Engineer,
and agents and employees of the Division or of any funding agency may enter upon the
work and the premises used by the Contractor, and the Contractor shall provide safe and
proper facilities therefore. The Engineer shall be furnished with every facility for
ascertaining that the work is in accordance with the requirements and intention of this
contract, even to the extent of uncovering or taking down portions of finished work.

14.2 During construction and on its completion, all work shall conform to the location,
lines, levels and grades indicated on the drawings or established on the site by the
Engineer and shall be built in a workmanlike manner, in accordance with the drawings
and specifications and the supplementary directions given from time to time by the
Engineer. In no case shall any work which exceeds the requirements of the drawings and
specifications be paid for as extra work unless ordered in writing by the Engineer.

14.3. Unauthorized work and work not conforming to plans and specifications shall be
handled as follows:

a. Work considered by the Engineer to be outside of or different from the
plans and specifications and done without instruction by the Engineer, or in
wrong location, or done without proper lines or levels, may be ordered by the
Engineer to be uncovered or dismantled.

15.

16.

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b. Work done in the absence of the Engineer or his agent may be ordered by
the Engineer to be uncovered or dismantled.

c. Should the work thus exposed or examined prove satisfactory, the
uncovering or dismantling and the replacement of material and rebuilding of the
work shall be considered as “Extra Work” to be processed in accordance with
article 17.

d. Should the work thus exposed or examined prove to be unsatisfactory the
uncovering or dismantling and the replacement of material and rebuilding of the
work shall be at the expense of the Contractor.

Reports, Records and Data shall be furnished as follows: The Contractor shall submit to
the Owner such schedule of quantities and costs, progress schedules, payrolls, reports,
estimates, records and other data as are required by the Contract Documents or as the
Owner, Division or any funding agency may request concerning work performed or to be
performed under this contract.

Superintendence by Contractor shall be furnished as follows: At the site of the work, the
Contractor shall employ a competent construction superintendent or foreman who shall
have full authority to act for the Contractor. The superintendent or foreman shall have
been designated in writing by the Contractor as the Contractor's representative at the site.
It is understood that such representative shall be acceptable to the Engineer and shall be
the one who can be continued in that capacity for the particular job involved unless he
ceases to be on the Contractor's payroll. Such representative shall be present on the site
at all times as required to perform adequate supervision and coordination of the Work.

Extra Work and Change Orders shall be processed as follows:

17.1. The Engineer may at any time by written order and without notice to the sureties
require the performance of such extra work or changes in the work as may be found
necessary. The amount of compensation to be paid to the Contractor for any extra work
so ordered shall be made in accordance with one or more of the following methods in the
order of precedence listed below:

a. A price based on unit prices previously approved; or

b. A lump sum price agreed upon between the parties and stipulated in the
order for the extra work;

c. A price determined by adding 15 percent to the “reasonable cost” of the
extra work performed, such “reasonable cost” to be determined by the Engineer in
accordance with the following paragraph.

17.2 The Engineer shall include the reasonable cost to the Contractor of all materials
used, of all labor, both common and skilled, of foreman, trucks, and the fair-market rental
rate for all machinery and equipment for the period employed directly on the work. The
reasonable cost for extra work shall include the cost to the Contractor of any additional

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insurance that may be required covering public liability for injury to persons and
property, the cost of workmen's compensation insurance, federal social security, and any
other costs based on payrolls, and required by law. The cost of extra work shall not
include any cost or rental of small tools, buildings, or any portion of the time of the
Contractor, his project supervisor or his superintendent, as assessed upon the amount of
extra work, these items being considered covered by the 15 percent added to the
reasonable cost. The reasonable cost for extra work shall also include the premium cost,
if any, for additional bonds and insurance required because of the changes in the work.

17.3. In the case of extra work which is done by Subcontractors under the specific
contract, or otherwise if so approved by the Engineer, the 15 percent added to the
reasonable cost of the work will be allowed only to the Subcontractor. On such work an
additional percentage of the reasonable cost (before addition of the 15 percent) will be
paid to the Contractor for his work in directing the operations of the Subcontractor, for
administrative supervision, and for any overhead costs. Such percentage shall be in
accordance with the following schedule: reasonable cost up to and including $50,000—
10 percent; next $50,000 to and including $100,000—7™% percent; greater than
$100,000—5 percent.

17.4 The Engineer may authorize minor changes or alterations in the work not
involving extra cost and not inconsistent with the overall intent of the contract
documents. These shall be accomplished by a written field order. However, if the
Contractor believes that any minor change or alteration authorized by the Engineer
entitles him to an increase in the contract price, he may make a claim therefore as
provided in article 21.

Time For Completion and Liquidated Damages. The following paragraphs address time
for completion and liquidated damages:

18.1. It is hereby understood and mutually agreed, by and between the Contractor and
the Owner, that the date of beginning and the time for completion as specified in the
contract of the work to be done hereunder are Essential Conditions of this contract; and it
is further mutually understood and agreed that the work embraced in this contract shall be
commenced on a date to be specified in the “Notice to Proceed.”

18.2 The Contractor agrees that said work shall be pursued regularly, diligently and
continuously at such rate of progress as will insure full completion thereof within the
time specified. It is expressly understood and agreed, by and between the Contractor and
the Owner, that the time for the completion of the work described herein is a reasonable
time, taking into consideration the average climatic range and usual industrial conditions
prevailing in this locality.

18.3 If the Contractor shall neglect, fail or refuse to complete the work within the time
herein specified, or any proper extension thereof granted by the Owner, then the
Contractor does hereby agree, as a part consideration for the awarding of this contract, to
pay to the Owner the amount specified in the contract, not as a penalty but as liquidated
damages for such breach of contract as hereinafter set forth, for each and every calendar
day that the Contractor shall be in default after the time stipulated in the contract for
completing the work.

18.4 The liquidated damages amount is fixed and agreed upon by and between the
Contractor and the Owner because of the impracticability and extreme difficulty of fixing