Subcontractors

ADDENDUM XDATE: May 19, 2008TO:FROM:RE:ALL PROSPECTIVE BIDDERSJulie Ann Donahue, CPPBPurchasing AdministratorAddendum X. Bid # 00280, Athens North Oconee Water Reclamation FacilityThe following revisions are made to the Plans and Specifications of BID #00280, Athens NorthOconee Water Reclamation Facility:1. Please find attached document Questions and Responses No. 6.Addeodum No. 31. Pages 3 and 4 of 5. Drawings, Addendum Items 8 through 17,Change,"Standard Detail 2604-443b"To"Standard Detail 2605-443b"Specifications1. Page 00 21 13-4, Article 1.03, Paragraph F.5,d,Add,"If as a part of this Certificate, a corporate resolution and board minutesare provided, they shall be certified by the Corporate Secretary, Typicalwording of the certification shall be: "The undersigned certifies that theabove resolution has not been repealed or amended and remains in fullforce and effect." This statement shall be dated and signed/attested toby the Secretary and affixed with the corporate seal."2. Page 00 73 28-1, Article 1.01, Paragraph A, second sentence,Change,required by all Contractors and Sub-contractors of any tier,"To"..required by Contractor, and where so identified, Subcontractorsof any tier."#00280 Addmndum 10 RID.doe Page I of 3

O3. Page 00 73 28-2, Article 1.02, Paragraph B,Change,"The Contractor shall procure...To"The Contractor and Subcontractor shall procure.."4. Page 00 73 28-3, Article 1.02, Paragraph D,Change,".-Insurance with the same limits as the ComprehensiveGeneral Liability,"To"...Insurance with a limit of $20,000,000."S. Page 00 73 28-4, Article 1.03, Paragraph A, following third sentence,Add,'The costs of implementation of such option will be addressedby a change order."6. Page 01 50 00-4, delete Articles 3.01 and 3.02 in their entireties and renumbersubsequent articles.7. Add Section 01 57 0O included with this addendum.8. Page 32 92 00, Article 1-01, delete Paragraph B.1 in its entirety and replace with thefollowing,11, No bare spots larger than one square foot."9. Page 32 92 00, Article 1.01, following Paragraph B,Add, "C. It shall be the Contractor's responsibility to provide satisfactorygrowth and coverage. Growth and coverage on areas grassedas specified shall be considered to be in reasonably closeconformity with the intent of the Contract when the vegetation,exclusive of that from seed not expected to have germinatedand shown growth at that time, has reached a point of maturitysuch that each area shows a satisfactory visible growth with nobare spots larger than one square foot."This Addendum modifies, adds to, and is hereby part of Bid #00280.conditions remain unchanged,All other terms andAny inquiries concerning this Invitation to Bid should be made to Julie Ann Donahue, CPPB,Purchasing Administrator or Toro Holt, Senior Buyer, (706) 613-3068, fax (706) 613-1975 oremail toroholt@co.clarke-ga.us.#O0280 Addendum 10 81D.dae Page 2 of S

( 0ORO t'The Unified Government of Athens-Clarke County reserves the right to reject any and all bids, towaive any technicalities or irregularities and to award the bid based on the highest and bestinterest of the Unified Government of Athens-Clarke County.t0020 Addendum 10 BID.ddt Page 3 of 3

QUESTIONS AND RESPONSES NO. 6NORTH OCONEE WATER RECLAMATION FACILITYBID #00280UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY, GEORGIAFROM QUESTIONS AND RESPONSES NO. 322. Q: (AW) 1.02.D states OCP with same limit as general liability, GL includes limitsfor Products & Comp Operations and Personal Injury, Fire Damage, MedicalExpense; which do not apply to OCP, so it is not possible to comply.R: Revised Response:See Addendum No, 10FROM QUESTIONS-AND RESPONSES NO. 57, 0: (AG) Large volumes of water will be required for the flushing and testing ofprocess piping and tanks. Please Indicate where water may be obtained andthe cost of the water.R: Revised Response:See Section 01 50 00, Article 1.03, Paragraph E, See also Section 01 10 11,Article 1.07, Paragraph L.QUESTIONS AND RESPONSES NQ,61 Q: Please see attached Letter and Approval Request for McEIroy Metal IncMaxima 218 Metal Roof Panel System for the Athens North Oconee WaterReclamation Job. Several metro Atlanta installers want to bid this roof systemand use it on a regular basis. The Maxima 218 is identical to the specifiedsystems by the approved manufacturers.RPer Section 01 25 00, no consideration or approvals will be made for alternativeproducts until after the Notice to Proceed has been given to the Contractor, andthen the application for such approvals must come through the Contractor.2. Q: (AG) I am confirming the request for a three week extension made in atelephone message to you on Thursday, May 15, 2008. Alberici just receivedAddendum VII this morning. There are seven days remaining until the projectbids. There is a large volume of information to be absorbed and distributed tovendors and suppliers. The portion of the Addenda dealing with the EquipmentAllowance Scope of Work will require that we review each individual scope,contact each vendor for answers to any questions that may come up, obtainpricing for items required and not included in the allowance, and make theappropriate changes to our estimate- Seven days is not enough time for thisprocess to occur, Granting our request for a three week extension will enableus to give the most competitive price possible on this bid.05/19108 02001-158A QR 6-1

R: No change to bid date.3- Q: (AG) Numerous changes have been made to the Bid Form for this project. Inorder to make sure all changes have been incorporated, we request that a newBid Form for the project be issued.R: See Addendum No. 94. 0: (SL) Will there be any problem to cross the Lightolier, Lithonia and Holophanematerial to Daybrite, Williams and Phoenix material to offer competitive pricing?Though I would like to bid the project, I would prefer not to get involved if thematerial needs to go as specified.R: No change to specifications.5, Q: (AG) Are Articles 1.01.A. and 1.01.B. of Section 00 73 28 covering theinsurance requirements to be interpreted as a flow-down of the statedrequirements to include subcontractors of all tiers?R: No. See Addendum No. 106. Q: (AG) Is Article 1.02.C. of Section 00 73 28 revised by Addendum VI intending torequire the General Contractor and subcontractors of all tiers to provide PrimaryGeneral Liability coverage with a $20,000,000 limit? Is it understood thatPrimary General Liability policies typically carry limits varying from $1,000,000to $4,000,000.R: Yes, regarding Contractor.No, regarding subcontractors of all tiers.7. 0: (AG) Is Article 1.02.E. of Section 00 73 28 revised by Addendum VI intending torequire the General Contractor and subcontractors of all tiers to provide ExcessLiability coverage with a $30,000,000 limit? Subcontractors with a $5,000scope are expected to provide evidence of a $30,000,000 Excess Liabilitypolicy? Not only would that requirement be impractical and extremely costineffective, but it is highly doubtful that many subcontractors would even becapable of obtaining that threshold of limit from the insurance market.R: Yes, regarding ContractorNo, regarding subcontractors of all tiers.8. Q: (AG) Would Athens-Clarke County consider the provision of an OCIP or CCIPwith a $50,000,000 combined General Liability and Excess Liability limit to be incompliance with the revised insurance specification presented within AddendumVI, given the limit would be shared by the General Contractor and all tiers ofsubcontractors on-site?R: No.05/19/08 02001-158A OR 6-2

9. 0: (AG) Is Athens-Clarke County contemplating the implementation of an OCIP?R: No.10, 0: (AG) What benefit is to be derived through the provision of an Owner'sProtective Liability policy referenced in Article 1.02.D. of Section 00 73 28 inaddition to the General Liability and corresponding Excess Liability coverageand appropriate Additional Insured requirements under the referenced GeneralLiability policy?R: No change to specifications-11. Q: (AG) Is Athens-Clarke County intending to provide Excess Difference-in-Conditions coverage over the Contractor secured Builder's Risk coverage toaddress exposures for Flood, Earthquake and Windstorm exceeding$20,000,000 as referenced in Article 1 .02.G. of Section 00 73 28R: No.12. Q: (AG) Does Athens-Clarke County intend to absolve the Contractor andsubcontractors of all tiers of risk of loss above the $20,000,000 sub-limits forFlood, Earthquake and Windstorm within the Builder's Risk placement asreferenced in Article 1,02.G. of Section 00 73 28?R: No.13. Q: (AG) Does the Owner understand the potential cost implications of requiring aContractor to eliminate or even reduce retentions or deductibles under aGeneral Contractor's insurance program as referenced in as referenced inArticle 1 .03.A. of Section 00 73 28?R: Yes, see Addendum No. 10.14. 0: (AG) Is a building permit required for this project? If so, whom do I need tocontact to determine the cost of the permit?R: See Section 01 41 00. Contact Doug Hansford of Building Permits & Inspectionat (706) 613-3520Key To Questions:(AG)(SL)Alberici GroupSESCO LightingMay 19, 2008Jordan, Jones & Goulding6801 Governors Lake ParkwayNoroross, Georgia 30071(770) 455-855505/19108 02001-ISSA OR 6-3

Part IGeneralSection 01 57 00Environmental and Property Protection1.01 GeneralThe Contractor shall conduct its operation in a manner to prevent damage to andpollution of the environment and existing property surrounding the area of work byevery means possible and shall be responsible for furnishing all necessary items forfulfilling the work described herein.1.02 Use of ChemicalsAll Chemicals used during construction or furnished for project operation, whetherherbicide, pesticide, disinfectant, polymer, reactant or of other classification, mustshow approval of either EPA or FDA. Use of all such chemicals and disposal ofresidues shall be in conformance with instructions-1.03 Responsibility for Spills and Accidental DischargesIn the event that the Contractor causes or has a spill or accidental discharge for whichthe Owner is fined by the State of Georgia EPD, the Contractor agrees to remediatethe spill or discharge immediately in accordance with current EPD regulations and topay any fines assessed against the Owner and/or Contractor.1.04 Light PollutionThe Contractor is required to shield all sources of construction lighting from residentialstructures, without limitations to structure height or distance from site.1.05 Protection of Work and PropertyA. General:1. Perform Work within right-of-way and easements in a systematic manner thatminimizes inconvenience to property owners and the public.2. No residence or business shall be cut off from vehicular traffic for a periodexceeding 4 hours, unless special arrangements have been made-3. Maintain in continuous service all existing oil and gas pipelines, undergroundpower, telephone or communication cable, water mains, irrigation lines,sewers, poles and overhead power, and all other utilities encountered alongline of the Work, unless other arrangements satisfactory to owners of saidutilities have been made.4. Where completion of the Work requires temporary or permanent removaland/or relocation of existing utility, coordinate all activities with owner of saidutility and perform all work to their satisfaction.05119108 2001-158\XAOO 57 00

01 5700-2Environmental and Property Protection5. Protect, shore, brace, support, and maintain underground pipes, conduits,drains, and other underground utility construction uncovered or otherwiseaffected by construction operations.6. Keep fire hydrants and water control valves free from obstruction andavailable for use at all times.7. In areas where Contractor's operations are adjacent to or near a utility, suchas gas, telephone, television, electric power, water, sewer, or irrigationsystem, and such operations may cause damage or inconvenience, suspendoperations until arrangements necessary for protection thereof have beenmade by Contractor.8. Utility Interruptions:a. Notify property owners and utility owner offices that may be affected byconstruction operation at least 2 days in advance.b. Before exposing a utility, obtain utility owner's permission. Should serviceof utility be interrupted due to Contractor's operation, notify properauthority immediately. Cooperate with said authority in restoring serviceas promptly as possible and bear costs incurred.9. Do not impair operation of existing sewer systems. Prevent constructionmaterial, pavement, concrete, earth, volatile and corrosive wastes, and otherdebris from entering sewers, pump stations, or other sewer structures.10. Maintain original site drainage wherever possible.B. Trees and Plantings:1. Protect from damage and preserve trees, shrubs, and other plants outsidelimits of the Work and within limits of the Work, which are designated on theDrawings to remain undisturbed.a. Where practical, tunnel beneath trees when on or near line of trench.b. Employ hand excavation as necessary to prevent tree injury.c. Do not stockpile materials or permit traffic within drip lines of trees.d. Provide and maintain temporary barricades around trees.e. Water vegetation as necessary to maintain health.f. Cover temporarily exposed roots with wet burlap, and keep burlap moist05119/08 2001-158\XAOO 57 00

005700-3Environmental and Property Protectionuntil soil is replaced around roots.g. No trees, except those specifically shown on Drawings to be removed,shall be removed without written approval of Engineer.h. Dispose of removed trees in a legal manner off the site.2. In event of damage to bark, trunks, limbs, or roots of plants that are notdesignated for removal, treat damage by corrective pruning, bark tracing,application of a heavy coating of tree paint, and other accepted horticulturaland tree surgery practices.3. Replace each plant that dies as a result of construction activities.C. Finished Construction: Protect finished floors and concrete floors exposed as well asthose covered with composition tile or other applied surfacing.D. Waterways: Keep ditches, culverts, and natural drainages continuously free ofconstruction materials and debris.E. Dewatering: Construct, maintain, and operate cofferdams, channels, flume drains,sumps, pumps, or other temporary diversion and protection works, Furnish materialsrequired, install, maintain, and operate necessary pumping and other equipment forthe environmentally safe removal and disposal of water from the various parts of theWork. Maintain foundations and parts of the Work free from water.1.06 Air Pollution Control:1. Minimize air pollution from construction operations.2. Burning of waste materials, rubbish, or other debris will not be permitted on oradjacent to site.3. Conduct operations of dumping rock and of carrying rock away in trucks tocause a minimum of dust. Give unpaved streets, roads, detours, or haulroads used in construction area a dust-preventive treatment or periodicallywater to prevent dust. Strictly adhere to applicable environmental regulationsfor dust prevention.4. Provide and maintain temporary dust-tight partitions, bulkheads, or otherprotective devices during construction to permit normal operation of existingfacilities. Construct partitions of plywood, insulating board, plastic sheets, orsimilar material. Construct partitions in such a manner that dust and dirt fromdemolition and cutting will not enter other parts of existing building or facilities.Remove temporary partitions as soon as need no longer exists.05/19/08 2001-158\XAOO 57 00

01 5700-4Environmental and Property Protection1.07 Noise Control:1. Provide acoustical barriers so noise emanating from tools or equipment willnot exceed legal noise levels.2. Noise Control Ordinance: Athens-Clarke County Code of Ordinances, Section3-5-24.1.08 Water Pollution Control:1. Divert sanitary sewage and nonstorm waste flow interfering with constructionand requiring diversion to sanitary sewers. Do not cause or permit action tooccur which would cause an overflow to existing waterway.2. Prior to commencing excavation and construction, obtain Engineer'sagreement with detailed plans showing procedures intended to handle anddispose of sewage, groundwater, and stormwater flow, including dewateringpump discharges.3. Comply with procedures outlined in U.S. Environmental Protection Agencymanuals entitled, 'Guidelines for Erosion and Sedimentation Control Planning"and "Implementation, Processes, Procedures, and Methods to ControlPollution Resulting from All Construction Activity," and "Erosion and SedimentControl-Surface Mining in Eastern United States."4. Do not dispose of volatile wastes such as mineral spirits, oil, chemicals, orpaint thinner in storm or sanitary drains. Disposal of wastes into streams orwaterways is prohibited. Provide acceptable containers for collection anddisposal of waste materials, debris, and rubbish.1.09 Erosion, Sediment, and Flood Control:1. Provide, maintain, and operate temporary facilities to control erosion andsediment releases, and to protect the Work and existing facilities from floodingduring construction period.2. Design erosion and sediment controls as shown on the Drawings and inaccordance with applicable local, state, and federal regulations.Part 2Part 3Products (Not Used)Execution (Not Used)END OF SECTION05/19/08 2001-1 58\A00 57 00

JORDANJONES &SGOULDINGList of PlanholdersAthens North Oconee Water ReclamationUnifiedFacilityGovernment of Athens-Clarke CountyBids to be received until 4:00pr, local time, May 22, 2008.Owner~~a~~mpahy~~~~drmo tonVc Ph rt W bi~ i I ccoe CsJes Iaq 8eicr n o~fi rec ihnj umAthens-Clarke County Finance DepartmentPuchasing DivisionMr. Toro Holt (706) 613-3072 3/19/2008 1 Other Other375 Satula Avenue(706) 613-3043 Notes: HALF SIZED DWGAthens, GA 30603Unified Government of Athens-Clarke Mr. Jeffe" T. Knight, P.E. (706) 613-3470 3/19/2008 1 OtherCounty1865 West Broad Street, Suite iknight@co.clarke-ga. us (706) 613-3476 Notes: 1 FULL SIZE DWGC1 HALF SIZE DWGAthens, GA 30606OtherGeneral ContractorAlberici Constructors, Inc. Mr. Ronald Wiese (314) 733-2411 3126/2008 1 FedEx OvernightSt. S800 Louis. Page MO Bd. 63114ron@ALBERICI.com (314) 733-2005 Notes: Used Full Set GC shipping informationArcher Western Contractors, Ltd. Ms. Mary Katherine Gaston (404) 495-8700 3/1912008 1 UPS Overnight3715 Northside Pkwy NW mturtie@walshgroup.com (404) 495-8701 Notes: Full SetBldg 100 Ste 550Atlanta, GA 30327Atlantic Skanska, Inc. Mr. Nathen Kulling (678) 460-2600 3/2012008 1 Pickup3715OtherNorthside Parkway nathen.kulling@skanska.co (678) 460-2638 Notes: Full SetBuilding 300; Suite 300Atlanta, GA 30327Brasfieid & Gorrie, LLC Mr. Walter Jones (205) 328-4000 3/26/2008 1 UPS 2-day7421 7th Avenue South vwones@brasfieldgorrie.co (205) 323-9290 Notes: Full SetBirmingham, AL 35233Crowder Construction Company Mr. William B. Waler (919) 367-2000 3/20/2008 1 FedEx Overnight1111 Burma Dr bwaller@crowdercc-corn (919) 367-2097 Notes: used GC shipping informationApex, NC 27539Full SetSubcontractor/SupplierList of P]anhorders- Bid# 02001168A - Page 1 of 4 - Printed on 5/19/20G8 at 11:27 am.

List of Planholders, Athens North Oconee Water Reclamation Facility Unified Government of Athens-Clarke County, continued.Amencan Cast Iron Pipe Company Ms. KrIsty Burton (800) 442-2347 3125/2008 1 UPS Overnight2916 N 16th St kburton@acpco corn (205) 307-2806 Notes: used GO shippingPO Boxinformation2727Full SetBirmingham, AL 35207C & B Piping, Inc. Ms. Melissa Hayes (205) 699-0455 4/312008 1 UPS Overnight1710 Parkway Dr (205) 699-0773 Notes: Used GC shipping informationLeeds, AL 35094half size setCogburn Brothers, Inc. Raymond Smith (904) 358-7344 4(9/2008 1 FedEx Overnight3300 Faye Road RaymondSmiti@hotmail co (904) 358-2805 Notes: Used GC shipping informationJacksonville, FIL 32226-2329 full sized setECJ Concrete, Inc. Mr. Steven Meeks (770) 534-6615 5/13/2008 1 Pickup Other3177 Athens Hwy (770) 718-9501 Notes: Half sized setGainesville. GA 30507-8497Heyward, Inc. Mr. W. Craig Justice (770) 496-9808 4/112008 1 UPS 2-day3590 Habersham At Northake wcjheywardati@mindspring. (770) 496-0644 Notes: Half setBldg 0Tucker, GA 30084IMS Mr. Dustin Creel (706) 643-4214 313112008 1 UPS 2-day2207 Hwy 103 (706) 643-5515 Notes: Full SetWest Point, GA 30004Industrial Control Systems, Inc. Mr. Steve Burke (804) 737-1700 4/15/2008 1 UPS Overnight20 West Williamsburg Road (804) 737-7133 Notes: Used Planholders shipping informationSandston, VA 23150Half sized setMarkair, inc. Mr. Jason M. Kurtz (904) 279-2500 5113(2008 1 FedEx Overnight6817 Southpoint Pkwy jason@markalr net (904) 279-0201 Notes: Used Planholder's shippingSuiteInformation2101Half sized setJacksonville, FL 32216Siemens Water Technologies Corporation Ms. Stephanie Walter (262) 521-8467 411/12008 1 UPS 2-day1901 South Prairie Avenue (262) 547-4120 Notes: Half sized setWaukesha, WI 53189Thompson Fabricating Company Mr. George Scott (205) 841-0441 4/112008 1 UPS Overnight1411 Commerce Place gscott@tfco.com (205) 841-0822 Notes: Used Contractor's shipping informationTarrant, AL 35217Half SetList o1Planhoders- Bid#2001BA - Page 2 of 4- Printed on 511912008 at 11:27 am.

List of Planholders, Athens North Oconee Water Reclamation Facility, Unified Go vernmet of Athens-Clarke County continuedTransdyn Controls, Inc. Mr. Joe C. Floyd (678) 473-6400 417/2008 1 Pickup Other2855 Premiere Pkwy jfloyd@transdynatlanta.com (678) 473-9003 Notes: Half sized setSte FDuluth, GA 30097Plan RoomsAGC, Georgia Branch Plan Room Ms. Rita Cross (678) 298-4130 3/20/2008 1 UPS 2-day1940 The Exchange (678) 298-4131 Notes: CD - bid documentsAtlanta, GA 30339FULL SIZE addenda dwgsMcGraw-Hill Construction Dodge Mr. David Under (404) 303-5317 320/2008 1 UPS 2-day4170 Ashford Dunwoody david_linder@mcgraw-hill.c (404) 303-5316 Notes:Ste 200CD bid documentsFULL SIZE addendum dwgsAtlanta, GA 30319Reed Construction Data Ms. Marilyn Williams (770) 849-6420 3/2012008 1 UPS 2-day30 Technology Pkwy S marilyn.williams@reedbusjn (800) 303-8629 Notes: CD for bid documentsSte 500FULL SIZE addendum dwgsNorcross. GA 30092OtherCH2M Hill Mr. David K. Muckerman, P (678) 530-4243 3/19/2008 13 UPS OvernightNorthpark 400, 1000 Abernathydave.muckermran@ch2m.c (770) 604-9183 Notes: 13 Haf Sets no CDsRdSte 1800Atlanta, GA 30328Jordan. Jones and Goulding, Inc.Jordan, Jones and Goulding, Inc. Yolanda Owens (770) 455-85556801 Governors Lake Parkway Yolanda.Owens@jjg.com (770) 455-7391Norcross, GA 30071Jordan, Jones and Goulding, Inc. Wayne Price (770) 455-85556801 Governors Lake Parkway Wayne.Price@jEg.com (770) 455-7391Norcross, GA 30071Jordan, Jones and Goulding, Inc. Tom Kelley (770) 455-85558801 Governors Lake Parkway Tom.Kelley@jig.corn (770) 455-7391Norcross, GA 30071List of Planhorders - Bid# 0200115aA - Page 3 of 4 - Prnted on 5/19/2006 at 11:27 am.

List of Planholders, Athens North Oconee Water Reclamation Faciity, Unified Government of Athens- Clarke County, continued.Jordan, Jones and Goulding, Inc. Theresa Sulfivan (770) 455-85556801 Governors Lake Parkway Theresa.Sullivan@jg.com (770) 455-7391Norcross. GA 30071Jordan, Jones and Goulding, Inc. Greg Oubin (770) 455-85556801 Governors Lake Parkway Greg.Dubin@jjg.com (770) 455-7391Norcross, GA 30071Jordan, Jones and Goulding, Inc. - Athens Leslie Sitz (706) 353-2868745 Soulh Milledge Avenue Leslie.Sitz@Ag-corm (706) 549-0423Athens, GA 30605Pla raiders i4te".l28List of Planholders - MMd 02001150OA - Page 4 of 4 -Pnted on 5/I V2008 at 11:27 arn

RADDENDUM IXDATE: May 16, 2008TO:FROM:RE:ALL PROSPECTIVE BIDDERSJulie Ann Donahue, CPPBPurchasing AdministratorAddendum IX, Bid # 00280, Athens North Oconee Water Reclamation FacilityThe following revisions are made to the Plans and Specifications of BID #00280, Athens NorthOconee Water Reclamation Facility:1. Please find attached document Questions and Responses No. 5.Equipment Allowance Scope of Work1. Cyclone Separator and Grit Washer/Grit Chamber Equipment* Delete page 00520-5 and replace with Page 00520-5 included with thisaddendum.* Add letter dated March 7, 2008 Amended May 13, 2008 (6 pages)2. Submersible Pumps)Screw induced Flow Centrifugal Pumps* Delete page 00520-5 and replace with Page 00520-5 included with thisaddendum.* Delete letter dated March 7, 2008 (2 pages) and replace with letter datedMay 12, 2008 (2 pages) included with this addendum.* Delete Proposal Form (3 pages) and replace with Proposal Form (3 pages)included with this addendum.* Add Wemco Pumps Proposal No 61050 (3 pages) included with thisaddendum.* Add Weir Specialty Pumps Proposal No 61050 (2 pages) included with thisaddendum.3. Aeration Centrifugal Blower System#00280 Addendum 9 BID.doc Page 1 of 7

EQUIPMENT ALLOWANCE SCOPE OF WORK(Part 2)ATHENS NORTH OCONEEWATER RECLAMATION FACILITYUnified Government ofAthens-Clarke CountyMay 2008

AGREEMENT BETWEENBUYER AND SELLERFOR PROCUREMENT CONTRACTSPrepared byENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEEandhIssued and Published Jointly By.AMERICAN CONSULTING National Society o, A S "' American SocietyENGINEERS COUNCIL 0 Professional Engineers® of Civil EngineersPROFESSIONAL ENGINEERS IN PRIVATE PRACTICEA Practice Division of theNATIONAL SOCIETY OF PROFESSIONAL ENGINEERSAMERICAN CONSULTING ENGINEERS COUNCILAMERICAN SOCIETY OF CIVIL ENGINEERSThis document has been approved and endorsed byThe Associated General Contractors of Americaand theConstruction Specifications InstituteEJCDC No. P-520 (2000 Edition)EJCDC P-520 Form of Agreement Between Buyer and Seller for Procurement ContractsCopyright 02000, National Society of Professional Engineers. Anl rights reserved.02001-158 Rotary Drum Thickeners

EQUIPMENT ALLOWANCE SCOPE OF WORK(Part 1)ATHENS NORTH OCONEEWATER RECLAMATION FACILITYUnified Government ofAthens-Clarke CountyMay 2008

* Delete page 00520-5 and replace with Page 00520-5 included with thisaddendum.* Add TERMS AND CONDITIONS (Rev.1 - May 14, 2008) (1 page) includedwith this addendum.4. Diesel Engine Driven Generator Sets* Delete pages 00520-3, 4 and 5 and replace with Pages 00520-3, 4 and 5included with this addendum.* Delete Quotation # O8RAS-027-01 (Page 2 of 15 through 11 of 15, 10pages) and replace with Quotation # 08RAS-027-01, Date Issued 5-14-08(14 pages) included with this addendum." Add email time stamped May 14, 2008 4:17 pm from Romey Schwieterman(1 page) included with this addendum.5. Odor Control (Biotower) System* Delete page 00520-5 and replace with Page 00520-5 included with thisaddendum." Add SUPPLEMENTARY CONDITIONS (Rev. 1) (3 pages) included with thisaddendum.Specifications1. Delete Section 00 41 00 and replace with Section 00 41 00 included with thisaddendum.2. Page 00 21 13-11, following Article 1.22,Add, "1.23 Notice of AwardA. Within 60 days after receipt of Bids, the Owner will notify thesuccessful Bidder of the award of the Contract.B. Should the Owner require additional time to award aContract, the time may be extended by the mutual agreementbetween the Owner and the successful Bidder. If an awardof Contract has not been made within 60 days from the Biddate or within the extension mutually agreed upon, the Biddermay withdraw the Bid without further liability on the part ofeither party.#00280 Addendum 9 BIV.doc Page 2 of 7

1.24 Execution of ContractA. Within 15 days of notification of Award of Contract, theOwner will furnish the Contractor with conformed copies ofContract Documents for execution by the Contractor and thesurety.B. Within 10 days after receipt, the Contractor shall return allthe documents properly executed by the Contractor and thesurety. Attached to each bond shall be an originalpower-of-attorney for the person executing the Bonds for thesurety and certificates of insurance for the required insurancecoverage.C. Within 30 days after receipt of the conformed documentsexecuted by the Contractor and the surety with thepowers-of-attorney and certificates of insurance, the Ownerwill complete the execution of the documents. Distribution ofthe completed documents will be made upon execution bythe Owner.D. Failure to Execute Contract1. Failure or refusal to execute and deliver the Contract,Performance and Payment Bonds, or furnishsatisfactory proof of the insurance required within thespecified time shall be just cause for the annulment ofthe award and for forfeiture of the Bid Bond, not as apenalty, but as liquidation of damages sustained forsuch failure or refusal. At the discretion of the Owner,the award may then be made to the next lowestresponsible Bidder, or the Work may be re-advertisedor constructed by the Owner.2. If the Owner re-advertises the project, the Ownermay, at its discretion, not allow the Bidder whorefused or failed to execute a contract, or whorequested to withdraw any Bid, to perform work onthat contract or project as a contractor, subcontractor,or in any other capacity for any function ofconstruction.E. If the Owner fails to execute the documents within the timelimit specified, the Contractor will have the right to withdrawthe Bid without penalty. In such event the Owner will have noliability to the Contractor under these documents or#00280 Addendum 9 BID.doc Page 3 of 7

otherwise.F. Should either party require an extension of any of the timelimits stated above, this shall be done only by mutualagreement between both parties."3. Delete Section 00 45 13 and replace with section 00 45 13 included with thisaddendum.4. Page 00 72 00-19 (as issued with Addendum 11), Article 6.02, following ParagraphA,Add, "1.No work shall be performed between 5:00 p.m. and 7:00 a.m.without permission of Owner. Permission shall be requestedin writing a minimum of 5 working days before overtime workbegins. However, emergency work may be done withoutprior permission.2. Night Work may be undertaken as a regular procedure withthe permission of Owner. Such permission, however, maybe revoked at any time by Owner if Contractor fails tomaintain adequate equipment and supervision for the properprosecution and control of the Work at night.3. If the Contractor works more than 8 hours per day or 40hours per week, Contractor shall reimburse Owner forovertime on account of overtime inspection. Engineer andOwner shall solely determine if overtime inspection isrequired.4. The cost for each Resident Project Representative will be$120 per hour. The cost for each Owner's facility operatorwill be $25 per hour.5. For estimating purposes, the Contractor shall assume thatthe Engineer will provide inspection personnel to inspect thework at all times when the Contractor or its subcontractorsare onsite. The Contractor's project superintendent shallalso be onsite at all times when the Contractor or itssubcontractors are onsite."5. Page 00 72 00-23 (as issued with Addendum II), Article 6.09, following ParagraphC.,Add, "D. Where professional engineering work is required inconnection with any of the components required by the#00280 Addendum 9 BID.doc Page 4 of 7

ORGContract, all Bidders and component suppliers must ensurethat there is full compliance with all applicable laws of thestate of Georgia and any other state governing professionalengineering. The Owner and Engineer do not warrant thatthe name of an entity listed as an acceptable manufacturer orsupplier is or will be in compliance with said laws."6. Page 00 73 00-1, following Paragraph 4.02.C, delete Paragraphs 4.02.C.1 and4.02.C.2. Renumber subsequent paragraphs.7. Page 01 10 11-3, Article 1.05, Paragraph C.1,Change,"Owner will provide information to the Contractor as soon asit is known"To"Gary's Grading & Pipeline Co., Inc.7434 Highway 81Monroe, Georgia 30656770-267-1270"8. Page 01 10 11-7, Article 1.07, delete Paragraph J in its entirety and relettersubsequent paragraphs.9. Page 01 10 11-9, Article 1.09, delete Paragraph D in its entirety and replace withthe following,"D.Except for the existing digesters, the Owner shall be responsible fordraining and cleaning existing operating tanks and structures prior todemolition or other scheduled construction activities. The Contractorshall identify this activity within the Construction Project Schedule asa predecessor to the corresponding work activity."10. Page 01 29 00-5, Article 1.03, delete Paragraph 14 in its entirety and replace withthe following,"14. Landscaping and Signage Allowance: This allowance may be used,as authorized and directed by the Engineer, to pay the costs ofadditional work involving landscaping and main entrance signage,where the cost amounts are determined as specified in the GeneralConditions for Lump Sum changes or Time and Expense changes.This work is not shown or specified in the Drawings andSpecifications bid by the Contractor and not covered by another lineitem in the Bid, may be required in the event the Engineer or Ownerestablishes the need for additional work deemed to be necessary forthe successful completion of this contract. Costs associated withgrassing, sodding, plantings shown on the Drawing and/or specified,#00280 Addendum 9 BIDdoc Page 5 of 7

4gas well as construction of the landscaped berm are to be included inItem 1 of the Base Bid and are not to be paid for from this cashallowance. The work associated with the main entrance signage islimited to signage located at the main gate or entrance road to theWater Reclamation Facility as designed by the an architect selectedby the Owner. Cost associated with Signage specified in Section 0162 00 is not to be paid for from this allowance. The item may also beused to pay for work performed by specialty contractors to completeadditional work as directed by the Owner."11. Page 01 29 00-5, Article 1.03, following Paragraph 15,Add, "16. Overtime Inspection: Allow the amount provided in the BaseBid to cover a portion of the charges for overtime inspectionperformed by the Resident Project Representatives andoperators. If the charges for overtime inspection are lessthan the allowance named in the Base Bid, a change orderwill be issued to decrease the Contract Price. TheContractor shall be responsible for all overtime costs inexcess of the allowance amount stipulated in the Base Bid.For estimating purposes, the Contractor shall assume that1.5 hours of RPR time will be charged for each hour ofovertime that the Contractor is on the jobsite."12. Page 31 63 26-2, Article 1.02, Paragraph A.1 .c,Delete,"onsite and"13. Page 31 63 26-2, Article 1.02, Paragraph A.1.c,Delete,"or in designated spoil disposal areas"14. Page 31 63 26-2, Article 1.04, delete Paragraph B in its entirety and replace with,"B.Qualifications of Pile Integrity Testing (PIT) Agency:1. The PIT testing agency shall have at least 3 yearsexperience in PIT testing. Submit to the Contracting Officerfor approval resumes and the credentials of the proposedtesting agencies at least 14 calendar days beforeconstructing the drilled piers."15. Page 40 42 13 Supplement 1-3, Service Type PE-Personnel Exposure, Insulationcolumn,Change,"Type 2 Minimum 1.5" Thick"To"Type 2 1.5" thick, Install on piping up to 8' above finished#00280 Addendum 9 BID.doc Page 6 of 7

floor or grade."16. Page 44 42 56.03, Supplement 1-3, W-3 Pump data sheet, change Motor Speed to1800 rpm.17. Page 44 42 56.12, following Supplement 1-2, add attached motor data sheet asSupplement 2.18. Page 44 45 16.02-8, Article 2.06, Paragraph A,Change,"Alternatively, glass filled polypropylene will be considered"To"Alternatively, supports shall be fabricated from minimum 1inch rod and shall be mounted to the floor with a singleanchor bolt."Drawings1. Drawing 05-CS-10, Details 1 and 2,dimension of Stainless Steel Checkered Plate,Change, "3/8"' To "1/4""2. Drawing 05-CG-22, following Note 2., add:3. BLASTING SHALL BE PERFORMED ACCORDING TO STANDARDS SETBY ATHENS-CLARKE CO., THE U.S. CORP OF ENGINEERS (USCOE),GA EPD, AND ANY AUTHORITY HAVING JURISDICTION. SEDIMENTCONTROL SHALL BE PROVIDED AS REQUIRED BY THE BUFFERVARIANCE DOCUMENTS ISSUED BY USCOE AND/OR GA EPD.This Addendum modifies, adds to, and is hereby part of Bid #00280.conditions remain unchanged.All other terms andAny inquiries concerning this Invitation to Bid should be made to Julie Ann Donahue, CPPB,Purchasing Administrator or Toro Holt, Senior Buyer, (706) 613-3068, fax (706) 613-1975 oremail toroholt@co.clarke.ga.us.The Unified Government of Athens-Clarke County reserves the right to reject any and all bids,to waive any technicalities or irregularities and to award the bid based on the highest and bestinterest of the Unified Government of Athens-Clarke County.#00280 Addendum 9 BtD.doc Page 7 of 7

QUESTIONS AND RESPONSES NO. 5NORTH OCONEE WATER RECLAMATION FACILITYBID #00280UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY, GEORGIAFROM QUESTIONS AND RESPONSES NO. I16. Q: (AW) Alternate #1 - Demolition Existing Plant I have talked with severalspecialty demo contractors and they feel that the additional 60 days to completethe Demolition of the old plant is not enough time. With reviewing some of ourpast projects that had substantial demolition involved, I agree with theirconclusion. They are looking for at least six to eight months.R: See Addendum No. 8.FROM QUESTIONS AND RESPONSES NO. 38. Q: (AS) Please verify if the Contractor is required to pay for any overtimeinspection past a standard 40-hour work week. If we are required to payovertime inspection costs to the Engineer and / or Construction Manager,please indicate these costs on an hourly basis.R: See Addendum No. 9.10. Q: (AS) Water Control Plan 1 10 11 1.09 D, Page 8 states the Owner will cleanout existing tanks for scheduled demo or construction activities. Under 1 10 111.07 J, Page it states the Contractor will be responsible for draining andcleaning structures for shutdown to enable Contractor's work. Please advisewho is responsible for draining, cleaning, and disposal of sludge within thetanks prior to demolition in Additive Alternate No. 1.R: See Addendum No. 912. Q: (AS)b) Further, please issue all pre-selected equipment scopes and proposals sothat we can verify what miscellaneous appurtenances must be included inor bid that the pre-selected vendor does not provide.R: b) See Addenda 7 and 8.20. Q: (AS) Can any part of the existing plant be utilized as laydown for materials ofthe new plant while construction is ongoing? If so, please indicate which areasare available.R: Areas within the existing plant cannot be used for laydown of materials05/16/08 02001-158A OR 5-1

21. Q: (AW) Section 007328 (dated3-14-08)-i.02.c states general liability "shallprotect contractor and any subcontractor" A/W insurance will not protect usfrom subcontractors; it will however protect A/W for acts of our subcontractors.R: It is to protect the Contractor and Subcontractor, not protect "from"subcontractor.22. Q: (AW) 1.02.D states OCP with same limit as general liability, GL includes limitsfor Products & Comp Operations and Personal Injury, Fire Damage, MedicalExpense; which do not apply to OCP, so it is not possible to comply.R: No change.23. Q: (AW) 1.02.G. Builders Risk, what is the reason for carrying $10MM of extraexpense coverage?R: No change.24. Q: (AW) 1.04.B Waiver of subrogation, applies to Engineer, note the builders riskpolicy will not waiver subrogation in favor of the NE for acts or omissions of aprofessional nature.R: Understood but no change.26. Q: (AW) Section 00 72 00 (dated 3-6-08) 5.05 states contractor willpurchase/maintain owners liability insurance for claims under contract. Whywould the OCP policy not be enough coverage?R: No change.27. Q: (AW) 5.06.A.7 requires builders risk be maintained until final payment, thatshould be changed to substantial completion. Please Clarify.R: No change.31. Q: (AW) Specification Section 01 10 11 1.04E requires Owner's approval beforeany roadway or facilities are blocked off. The project requires that Bailey Streetbe permanently closed at the start of construction to begin the BiologicalTreatment Facility which would limit access to the existing plant. The existingwater and gas lines in Bailey Street would also be cut. Please confirm thatBailey Street maybe closed for construction at the start of construction andthere are no requirements for temporary access or temporary utilities.R: See Addendum No. 7.FROM QUESTIONS AND RESPONSES NO. 419. Q: (AG) On drawing 05-CS-2 and 4 there is a note calling out a 15' highlandscaped berm yet we cannot find any specifications for landscaping on thisproject, can this please be clarified?05116/08 02001-158A OR 5-2

Also on drawing 05-CD-1 typical road section D it calls out to Bahia sod to beused on "all disturbed areas". It is not clear in the plans and specifications as towhere seed is to be used or sod on "all disturbed areas", can this please beclarified? A shaded drawing showing these differences would be quite helpful.R: See Addendum No. 924. Q: (WT) SECTION 44 42 24.03 - SECONDARY CLARIFIER MECHANISM2.03 MANUFACTURED UNITSD.2 Please revise this section to read as follows, "Drive Mechanism: Easyremoval of internal bearing balls, and strip liners (if used) without walkwaybridge removal."R: Revised per Addendum No. 8.25. Q: (WT) SECTION 44 42 24.03 - SECONDARY CLARIFIER MECHANISM2.06 FLOCCULATION WELLB.1 Please revise this sentence to read as follows, "Rigidly supported fromwalkway bridge and influent column. Flocculation wells supported from belowby the rake arms are also acceptable."For flocculation wells over 30' in diameter, WesTech believes that it isstructurally better to support the well from below using the two long rake armsand two stub arms.R: Revised per Addendum No. 8.26. Q: (WT) SECTION 44 42 24.03 - SECONDARY CLARIFIER MECHANISM2.10 RAKE ARMSE.1: Please review the deflection requirement for the rake arms.Considering a span of half the clarifier diameter the vertical deflectionrequirement would be 1_2880, this is excessive and unrealistic for a clarifiermechanism. The industry standard is that a deflection requirement betweenU/100 and L/400 would result in a truss that would provide adequate support fora suction header mechanism.R: No change will be made to the documents.27. Q: (WT) SECTION 44 42 24.03 - SECONDARY CLARIFIER MECHANISM2.10 RAKE ARMSE.2: Please review the deflection requirement for the rake arms.Considering a span of half the clarifier diameter the horizontal deflectionrequirement would be L1/5760, this is excessive and unrealistic for a clarifiermechanism. The industry standard is that a deflection requirement betweenL/100 and 1/400 would result in a truss that would provide adequate support fora suction header mechanism.I am including with this document a portion of a specification from anotherCH2M Hill project that is in Eugene/Springfield Oregon. The requirements forthis project are 1/360 for both vertical and horizontal deflections.05/16/08 02001-158A QR 5-3

R: No change will be made to the documents.28. Q: 28(WT) SECTION 44 42 24.03 - SECONDARY CLARIFIER MECHANISM2.12 SCUM SKIMMING SYSTEMG. Please add the following to the end of this section, "Spray nozzles thatare attached to the walkway and act to direct the scum to the ports at theperimeter of the flocculation well will also be acceptable."R: Revised per Addendum No. 8.29. Q: 29(SA) Section 44 45 16.02 - Page 3 - We recommend replacing Items G, Hand I with the following:G Design and furnish the membrane disc aeration system to transfer thefollowing lbs. of oxygen per day in tap water at 14.7 PSIA, 20oC, zero dissolvedoxygen and a diffuser submergence of 19.7 feet.Zone 1 Zone 2 Zone 3 TotalMinimumStandard Oxygen Transfer 40,593 24,259 23,394 88,246Rate (lb 0 2 /day)Air (scfm) 4 .00 21600 2,600 9,200Pressure at Top of Dropleg 9.0 9.0 9.1(psi)AverageStandard Oxygen Transfer 88,124 24,259 23,394 135,77Rate (lb O02day) 7Air (scfm) 9,400 2,600 2,600 14,600Pressure at Top of Dropleg 9.2 9.0 9.1(psi)Max MonthStandard Oxygen Transfer 109,85 26,773 23,394 160,02Rate (lb 0 2 /day) 6 3Air (scfmn) 12,000 2,900 2,600 17,500Pressure at Top of Dropleg 9.3 9.0 9.1(psi)PeakStandard Oxygen Transfer 166,65 42,178 32,133 240,96Rate (lb O 2 1day) 8 9Air (scfm) 19,000 4,800 3,700 27,500Pressure at Top of Dropleg 9.7 9.2 9.3(psi)H. Furnish the following minimum quantity of 9" diameter membrane discdiffuser units in each tank arranged as follows:Zone Minimum Quantity ofDiffusersZone 1 1,950Zone 2 840Zone 3 700Total Per Tank 3,490Total In 3 Tanks 10,47005/16/08 02001-158A OR 5-4

R: No change will be made to the documents.30. Q: (SA) Section 44 45 16.02 - Page 4 (1.05 Submittals) - We recommend addingthe requirement to perform a Clean Water SOTE Shop Test per the ASCEProcedure. Suggested wording is below:1. Factory Oxygen Transfer Testa. Conduct a shop clean water performance test to demonstrate thecapacity of equipment to meet the specified oxygen requirements.Conduct tests at the manufacturers facility by independent testing firmand allow witnessing by Engineer and Owner. Include all costs fortesting, including witnesses' expenses, in the equipment Price.b. Perform tests in accordance with the latest ASCE Clean Water TestProcedure.c. Conduct at least (3) test runs each at each of the Average, Max Monthand Peak specified design conditions for each of the three Zones.d. Testing shall be conducted in a tank having a surface area greater than200 sq. ft. to eliminate the potential of wall effects. Testing shall beconducted at the specified submergence and a diffuser densityequivalent to the actual project tank configuration. Diffuser density isdefined as the RATIO of the total tank surface area to the totalcombined diffuser surface area.e. Submit data from all tests for approval by the Engineer following thecompletion of the testing and prior to equipment shipment.R: No change will be made to the documents.31. Q: (SA) Section 44 45 16.02 - Page 4 (1.05 Submittals) - We recommend addingthe following to the Informational Submittal requirements:"7. Reference list of similar applications or 150% maintenance bond asspecified in Section 2.01 B."R: No change will be made to the documents.32. Q: (SA) Section 44 45 16.02 - Page 6 (2.01 Manufacturers) - We recommendadding the following Experience Qualifications:B. The manufacturer shall have experience in the design, manufacturing,supplying and commissioning of fine bubble membrane disc aerationequipment of the type specified for this project. The equipment quoted shall beof a proven design and shall be referenced by at least ten installations, eachincluding 10,000 membrane disc diffusers or more, having been in successfuloperation for a period of not less than five years.In the event the manufacturer elects to bid an air diffuser system that does notcomply with the above experience requirements, then the manufacturer shallsubmit with the shop drawings, a maintenance bond executed by an Officer ofthe Corporation in the amount of 150% of the bid Price guaranteeing repair orreplacement of the air diffusion system in the event of a failure for a period of05/16/08 02001-158A QR 5-5

three years after the specified warranty. During such three year period themanufacturer shall repair, modify or replace the air diffusers in a manneracceptable to the Owner, if the operation of the air diffusers is unsatisfactory.Normal wear or malfunctions due to neglect or abuse will not be consideredjustifiable reasons for unsatisfactory operation. In the event the Ownerdetermines the operation of the air diffusers to be unsatisfactory during thisthree year period and the manufacturer fails to correct the deficiencies withinsix months from the time the manufacturer is first notified in writing that suchdeficiencies exist, the Owner will, as its sole option, make the necessary repairsor replacement and deduct costs from the aforementioned bond of themanufacturer.R: No change will be made to the documents.33. Q: (SA) Section 44 45 16.02 - Page 6 (1.07A) - We recommend specifying theminimum quantity of Spare Parts. Our recommendations are below:ItemQuantityCompletely Assembled Diffusers 10Air distribution pipe support assemblies 10Air distribution pipe joints 10Tool sets, it required, from removal and 3replacement of diffuser assembliesR: Revised per Addendum No. 8.34. Q: (SA) Section 44 45 16.02 - Page 8 - 2.06 A - We recommend deleting the lastsentence and replacing with the following: "Supports shall be fabricated fromminimum " rod and shall be mounted to the floor with a single anchor bolt."R: This is added as an option per Addendum No. 8.QUESTIONS AND RESPONSES NO. 51 Q: (WGH) Requesting approval of the following equipment. We represent:1. Pick Heaters for sludge heating, Pick Heaters, PCD www.pickheaters.com2. KWI International for DAP, Sand Filters www.kwi-intl.com3. Hoffland Environmental for Filter Press, Claifiers www.hoffland.net4. Kufferath for Solid/Liquid Separation, Screw press www.kufferath.com5. Atlas Minerals and Chemicals for Tile, Grouts, Mortars, Linings, Anchor-LokLining System, Chempruf Lining System for Chemical Containment andConcrete Protection from Corrosion, www.atlasmin.omR: No additional manufacturers will be added to the specifications.2. Q: (AP) Requesting that Addison-Parrish (Luminare Package) be listed as anacceptable manufacturer for this project.R: No additional manufacturers will be added to the specifications.3. Q: (AG) On sheet 07-S-5 the note says to apply the liner to all interior surfaces ofthe wetwell. Does this include the floor as well as the walls?05/16/08 02001-158A OR 5-6

R: Apply protective liner to all interior surface concrete walls and the underside ofthe deck. The floor does not need to have protective line. See Addendum No.7.4. 0: (PP) Prime Polymers is an installer of Epoxy/Resinous floors, and we wouldlike to bid, if appropriate, on the Athens North project. We have had sometrouble discerning which floors call for Epoxy/Resinous flooring. Do you have acomplete finish schedule available that I could use to find if there is indeed anopportunity for us bid?R: Epoxy Flooring, as specified in Section 09 67 17, shall be installed at: 98 -Administration Building as shown and scheduled on Drawing 98-A-5 forLaboratory 115.5. Q: (ADS) Requesting that ADS N12 pipe be put into the addenda for theseprojects.R: Refer to specification Section 33 41 01.08.6. Q: (AG) Addendum # 2 added the 36" RS line that connects to the old plant. Nodetails of how the connection to the old plant is to be accomplished wereincluded. Please supply details of the connection at the old plant to the new 36"RS line.R: This connection shall be coordinated with JJ&G. This 36" RS will be connectedto a new MH (at same location as existing) part of the Barnett ShoalsInterceptor project being designed by Metcalf & Eddy.7. Q: (AG) Large volumes of water will be required for the flushing and testing ofprocess piping and tanks. Please indicate where water may be obtained andthe cost of the water.R: See Section 01 50 00, Article 1.03, Paragraph E.8. Q: (FE) In regards to process line W1, would you consider placing a GATE VALVEon the TEE's at their branch off? Please advise.R: Question is not specific enough to be answered.9. Q: (FE) Process Line: OA (Buried HDPE) drawing 05-CU-3 & 05-CU-4, PipeSchedule & Spec. Sect. 33 41 01.08 is calling for ADS N-12 pipe, was it theintent to have this process line as a PE (Polyethylene Line)?R: Yes.10. Q: (MII) I am requesting that Major Industries, Inc., be approved as a substitutionon the above project for the translucent wall panels. I have included a lettertelling you a little about our company and the highlights of our Guardian 275®translucent product, a Data Sheet with the test reports and their results listed,05/16/08 02001-158A QR 5-7

as well as our company brochure. Please visit our website atwww.maiorskylights.com for even more information.R: No additional manufacturers will be added.11. Q: (AS)Drawing 05-CG-22 details the rip-rap installation for the Finished WaterOutfall. Based on the existing grades versus the bottom elevation of the geotextile& rip rap bedding, it seems that excavation will be required along sideand in the river. Further, this excavation will be in rock. Will Athens-ClarkeCounty allow blasting in this location? Whether blasting in this location will beallowed or not, what type protection is required to alleviate sediment dischargesinto the river (i.e. turbidity curtain, sheeting system, etc.)?R: See Addendum No. 912. Q: (AS)Please confirm that the existing houses slabs and or footings must bedemolished along with the frame portion. Or can the slabs and footings be leftin place as long as they are at least 3' below grade?R: Demolish to three feet below grade and then bring area to surrounding grade.13. Q: (AS)If a paved or gravel road is shown on the drawings so that the top of roadelevation matches existing grade, can it be revised so that the bottom of roadelevation matches existing grade. This will eliminate unnecessary excavationthat is required to achieve a subgrade 12"+ lower than existing grade.Subgrade preparation would be completed at existing grade to achievespecification requirements, catch basin / manhole heights would be increased Ilowered to allow for the same piping elevations, catch basin / manhole lids andcovers would be adjusted to match top of road elevation, and slope / drainagerequirements would be adhered to.R: No change will be made to the documents.14. Q: (AS)The drawings detail 2'-0" maximum spacing form light gauge metal trusses.However, the scaled dimensions indicate 5'-0" spacing while the specificationscan be interpreted that spacing is to be determined by the manufacturer tomeet the required loads and seismic conditions.spacing for light gauge metal trusses are.Please indicate what theR: Manufacturer may determine the necessary spacing up to a maximum of 5-0".15. Q: (AS)Drawing 99-A-3 details two (2) overhead coiling doors with a row of six (6)openings / windows built into the door. According to the our overhead doormanufacturers these openings / windows can only be of 2" x 2" and the drawingshows them to be 8" x 8". In order to achieve the 8" x 8" openings / windowsthe overhead coiling doors would need to be changed to sectional doors.Please advise which method is preferable.R: Provide overhead coiling doors without windows. See Addendum No. 8.05116/08 02001-158A QR 5-8

16. Q: (AS)Section 0421.13 - Page 5, Part 2.06 (Masonry Accessories and AncillaryMaterials) refers to engaging or enclosing No. 9 gauge wire joint reinforcementwith anchor ties for seismic conditions. Is this required for masonry on thisContract?R: Yes.17. Q: (AS)Please indicate if the design shown regarding pipe supports, miscellaneousmetals, structural steel, miscellaneous architectural items, electrical racks /raceways, etc. takes into consideration all seismic requirements. If not, pleaseissue drawings detailing these required seismic requirements.R: Anchorage and support for 30" diameter pipes/ducts or greater and structuralsteel has been designed to meet seismic requirements. Seismic design foranchorage and support of pipes less than 30" in diameter, miscellaneousmetals, miscellaneous architectural items, electrical racks I raceways, etc. isthe responsibility of the supplier as indicated in Spec Section 01 88 15.18. Q: (AS)We request that additional clearing limits be allowed around the InfluentPump Station. In order to properly design and install a sheeting / shoringsystem and to construct the pump station, additional clearing limits arerequired. As per our previous question regarding additional clearing limits forthe 36", 54", and 60" influent pipelines, we would install all necessary additionalerosion control measures to meet local and state regulations and codes.R: Yes, that is a possibility that will be reviewed when Contractor submits landdisturbance plans, as requested in Section 31 10 00, 1.02, modified inAddendum No 6 (item25).19. Q: (AS)Specification Section 09 90 00, 3.07J - System No. 19 Concrete TankLining - Domestic Sewage requires concrete surfaces below a plane 1 footabove maximum liquid surface to be coated with High Solids Epoxy. Does thisapply to ALL concrete tanks that hold domestic sewage? Further, do the slabsreceive the same coating as well?R: Delete System No. 19 from specification 09 90 00. Revised per addendum No.8.20. Q: (AS)Specification Section 03 39 00, 3.03A states to apply clear sealer to floorslabs. However, it does not state which floor slabs are to receive this clearsealer. Please advise which floor slabs are to be coated with this sealer.R: The clear sealer is not used in the Project. See Addendum No. 8.21. Q: (AS)Specification 09 97 26 - Cementitious Coatings does not provide anyinformation as to where the coating is to be applied. Please indicate if thisspecification is to be removed or provide a schedule detailing the areas for thecoating to be applied.R: Cementitious Coating is not used in the Project. See Addendum No. 8.05/16/08 02001-158A OR 5-9

22. Q: (AS)Specification Section 03 35 00 - Cement Finishing details clear liquidsealer dust proofer with no information where the sealer is to be applied.Please advise which floor slabs are to be coated with this sealer.R: The clear liquid sealer dust proofer is referenced by "HDNR - hardener" inSpecification Section 09 06 00 and "SC-1 - SEALED CONCRETE" on Drawing98-A-5 and 99-A-9 Finish Floor Plans and Interior Finish Schedules.23. Q: (GS) Requesting that General Shale Brick be listed as an approvedmanufacturer for this project.R: No additional manufacturers will be added.24. Q: (AG) Please clarify the extent of pipe insulation required on the ALP lines. Isinsulation only required under 8' AFF? Is any of the ALP line shown on 05-CU-23 required to be insulated?R: Revise Process Piping Insulation Supplement for Service type PE-PersonalProtection. Insulation column to read: Type 2, 1.5" thick, Install on piping within8' of finished floor or grade. See Addendum No. 8.As such the elevated ALP shown on 05-CU-23 would not require insulation.25. 0: (AG) Alberici Constructors requests a three week delay in the bid date for theAthens North Oconee WRF. This request is prompted by two factors: one, thenext two weeks have unusually heavy bid activity with several large jobs biddingwithin the same time frame; two, as of today several of our questions have notbeen answered and no information on any of the allowance items has beenreceived. I also understood at the prebid conference that an addendum woulddescribe changes to the plans that would show how the existing road is to berouted during construction. As we are now 10 days away from bid day, we donot feel sufficient time remains to allow for issuance of additional addenda,distribution of the addenda to subcontractors, and revision of pricing such thatthe most advantageous Price may be given for this project. Please consider ourrequest for a three week extension at the earliest possible time.R: No change.26. Q: (OPI) Written Spec. 341570.30 RACEWAY AND BOXES. Sub-para: 26 0533 -1 2.11 Precast Manholes and Handholes D. Drainage 2. Providedrainage outlet or sump at low point of floor constructed with a heavy, castiron, slotted or perforated hinged ? cover. We cannot find a foundry that cansupply a hinged cover. Will a standard round sump grate & frame heavy, castiron, slotted be acceptable?R: A hinged cover is not required. A cast iron, slotted cover will be acceptable.27. Q: (SI)Section 44 42 56.12 Induced Flow (Recessed Impeller) Centrifugal Pumps.In reviewing the specifications for this pumping application I cannot find the05/16/08 02001-158A QR 5-10

induction motor data sheet.a) Is there a specific minimum HP and Speed?b) Is the motor to be ODP, TEFC, Explo Proof?c) Are thermostats, Thermistors, RTDs or Space Heaters required?d) Will the motor data sheets be added to an addendum?R: See motor data sheet for 44 42 56.12 provided in Addendum No. 8.28. Q: (AG) Can the engineered soil mixture for the Bioretention Ponds be providedfrom on site material (top soil) or is this to be imported pre-tested material?R: Yes, pursuant it meets the requirements of specification section 31 23 23,paragraph 2.12.29. Q: (AG) What does the unit Price for Rip-rap include? (Outlet protection forexisting and proposed storm drain, Rip-rap lined swales, filter rings) We areunder the assumption that this unit Price is only for the Rip-rap lined swales andthat Rip-rap used for outlet and inlet protection would be incidental to the stormdrain and other BMP's.R: See Addendum 6, Item 830. Q: (AG) On sheet 05-CD-5 there is a detail on the Rip-rap lined swale, it shows 6"bedding stone and 24" Rip-rap. Look at plan sheet 05-CG-10 there is a shallowswale that will be lined with Rip-rap. Using the provided detail and grades theRip-rap will extend to the Biological Treatment Building. Can you clarify?R: The intention is to have a minimum 10-ft wide (at top) rip-rap swale.31. Q: (AG) In section 31 32 00 Soil Stabilization 2.04 the erosion control mattingmaterial is specified as Excelsior mat or straw blanket. Is the matting doublesided or single sided?R: Double sided.32. Q: (SI) Section 44 42 56.03 Vertical Turbine Pumps: In reviewing the specificationsfor this pumping application I find the pump speed is 3600 RPM although this isa speed at which a vertical turbine pump can operate it is not the speed that ismost commonly used. A slow speed pump would better serve the end user.This pump would run at 1750 RPM, I am asking for an addendum to change thespecification as follows:Acceptable model Fairbanks Morse 7100 series 1OD-5 Stage vertical turbinepumpSpeed to 1750 RPMMinimum Efficiency 80.9%NPSHr 8.77 FtShutoff Head/Deadhead 274 FTBHP @ Design Point 36.6 hp05/16108 02001-168A QR 5-11

R: 44 42 56.03 W-3 Pump data sheet: Revise motor speed in the sheet inspecification section to be 1800 rpm. See Addendum No. 8. Pending acomplete submittal the proposed model appears to be acceptable.33. Q: (AS) Unless the existing plant is feed by a dual loop water service, we will cutoff the water service to the existing plant when excavating the BiologicalTreatment. If a dual loop water service does not exist, please advise iftemporary water service is necessary and what the requirements are.R: See Addendum No. 734. Q: (AS) Per Addendum No. 5, please advise if crosshole sonic logging testing isrequired as this is extreme for these type caissons to support piping.R: See Addendum No. 935. 0: (AS) In review of the caisson specification issued in Addendum No. 5, wecannot locate the loading requirements. Please issue the necessary loadingrequirements.R: See Addendum No. 936. 0: (AS) Will mechanical joint fittings with megalugs be allowed for restraint offittings and valves?R: Yes, for buried service. Exposed fittings and valves shall be flanged.37. Q: (AS) Will ACIPCO Fast Grip gaskets be allowed for restraining field cut piping?R: No, ACIPCO Fast Grip and other similar products will not be allowed. Usemegalugs, restrained flange coupling adapters, or dismantling joints asapplicable to restrain cut pieces.38. Q: (AS) Is all concrete encased piping to be restrained joint?R: Yes.39. 0: (AG) Does the Engineer have a "Groundwater Contour" or "Potentiometric" Mapfor the site?R: No.40. Q: (AG) Are there any Hydraulic Conductivity data available that are not in theGeotechnical Report?R: No.41. Q: (AW)Drawing 05-SE-25, C10 Section, conduits #13 and 14 call for 1" (P39)from 41MTS1 to 41PP1, and 1" (P39) from 41MTS1 to 41MCC2. Should theseboth be from 65MTS1? The conductor/conduit schedule on G16 call for the05/16/08 02001-158A QR 5-12

conduit size for P39 to be 1-1/2". Please advise for both questions.R: Conduits #13 and #14 on Section C10 are shown to feed panel 41MTS1.These feeders should terminate in panel 65MTSI instead of panel 41MTS1.Additionally, the conduit size shown for these feeders is 1", but should bechanged to 1-1/2". These modifications will also need to be incorporated intosection C7 (conduits 1 and 2) and section C8 (conduits 1 and 2). The Drawing05-SE-25 will be reissued as part of Addendum No. 7.42. Q: (AW)Drawing 64-E-1/E-2 - Please show location for FP-64-1 Lime Systemcontrol Panel.R: The control panel FP-64-1 is provided by the lime system supplier. As such, itwill be located within the lime silo. However, the exact location of all equipmentwithin the lime silo is not known at this time. This is a "packaged system" thatis provided by the lime system supplier and the control panel FP-64-1 is part ofthe package.43. Q: (AW)With reference to 042113.13 page 5 Part 2.06, please note that thehorizontal joint reinforcement is specified to be hot dipped galvanized withstainless steel pintles - these product manufacturers will not provide stainlesssteel pintles to hook into hot dipped galvanized eyes and side rods. Pleaseschedule the cavity wall reinforcement with like steel properties.R: Provide hot dipped galvanized products in lieu of stainless steel. SeeAddendum No. 8.44. Q: (AW)With reference to 042113.13 page 3 Part 2.01, the facing brick is specifiedType FBX. The color list within specification 090600 Supplement 3-1 indicatesthe brick color and basis of design to be "Boral Bricks, Wire Cut, Red Modular.Please note that Boral, nor other southeast United States brick manufactures,make a red brick in Type FBX - rather they are Type FBS. Please advise.R: Type FBS is acceptable. See Addendum No. 8.45. Q: (AW)Relative to the brick veneer specified for the project, we are unable todetermine if a color mortar is required or if the mortar is intended to be standardgrey. Pleas advise.R: The mortar color shall be Lafarge Sahara or similar. See Addendum No. 8.46. Q: (AW)Please clarify in Addendum #6 if the new GL limits are all 10 times greaterthan intended. (Occurrence limit is meant to be $2,000,000.00, not$20,000,000.00.)R: No change.47. Q: (AW)Please revise the last sentence in Sect 1.02 E in Addendum #6 to read:"The Contractor may provide General Liability, Automobile Liability, andEmployer's Liability with lower limits provided that the Umbrella/Excess Liability05/1608 02001-158A QR 5-13

Insurance Limits are increased such that the total of the basic limits andumbrella/excess limits remain the same or higher."R: No change.48. Q: (TJL) Taylor Jordan and Lighting Sales is requesting prior approval as amanufacturer for light fixtures Mark 1-Mark24.R: No prior approval will be provided for any manufacturers.49. Q: (TDH) Regarding Specification Section 43 22 56.01: PART 1-GENERAL1.01 SummaryB. Mentions axial flow pumps, but no information is included inthis section on those.D. Same commentR: D. was revised per previous addendum. B revised per Addendum No. 8.50. Q: (TDH) Regarding Specification Section 43 22 56.01: PART 1-GENERAL1.04 QUALITY ASSURANCEA. Mixer performance testing procedure will be submitted forapproval with submittals.R: No change will be made to the documents.51. Q: (TDH) Regarding Specification Section 43 22 56.01: PART 2-PRODUCTSA.2 Number of Mixersa. WILO-EMU testing has shown that mixing efficiency is improvedwhen the mixers are located away from the corners. We willselect a larger mixer to compensate for this adverse location.c. Velocity Jet Ring - We will propose to use our standardpolyurethane (PUR) propeller, which does not need a jet ring toachieve efficient thrust and flow generation. This greatlyimproves the operation of the mixer, since it eliminates a sitewhere rags and fibrous solids can accumulate and damage themixer. The PUR blades are much more backwardly inclined thansteel ones can be which also allows them to shed rags far betterthan metal prop blades can.h. Model - We plan to offer our model number TR60-2.42-4/16.This mixer is rated at 10 hp, but it will actually draw less hp thanthe direct drive mixer specified and will be using only 7.98 hp atthe duty point. Even though it uses less power, this mixer willgenerate more thrust and flow than the one specified. It willproduce a flow of 10,900 gpm and a thrust of 378 Ibf.For an additional $1600 per mixer, we could offer a TR90-2.19-6/12 mixer thatoperates at 4.36 hp per mixer, which would save the additional cost of the mixerevery year. This mixer would generate even more thrust and flow than theTR60, while using 3.6 hp less energy. However, this option is unlikely to bechosen by a contractor in a competitive bid situation.05/16/08 02001-158A QR 5-14

R: No change will be made to the documents.52. Q: (TDH) Regarding Specification Section 43 22 56.01: GENERAL COMMENTS1. The specifications do not mention a hoist or hoist base, which iscommon on most mixer installations. It is easier on the operators ifthere is one hoist per mixer. It also increases the likelihood thatrequired routine maintenance will be performed. However, manyprojects choose to use fewer hoists and install hoist bases at the mixer.R: No change will be made to the documents.53. Q: (TDH) Regarding Specification Section 43 22 56.01: GENERAL COMMENTS2. The specifications are calling for two mixers in each basin, and we areplanning on preparing our bid based on that specification. However,please note for future planning that we have many mixer models thatwould have been able to mix the basins using only a single mixer.While the mixer would have been more expensive than the smaller,direct drive mixer, this option would have eliminated a mixer, mastsystem, hoist base, access hatch, controls and wiring. For the longterm, this would reduce energy use, and the cost of maintenanceassociated with a larger quantity of mixers. The capital cost savingwould be about $15,000 per basin compared to our base bid TR60mixer, and the energy savings would be about 9.2 hp per basin.R: No change will be made to the documents.54. Q: (TF) Drawing 05-CS-10 calls for 3/8" stainless steel checkered plate. 3/8"thickness is not available in stainless steel. " is available and can bereinforced to support the design loads. Also 3/8" smoth plate with a slipresistant coating, such as Mebac and Slip-Not, is an alternative. Please advise.R: Refer to Addendum No. 955. Q: (TF) Detail 0340-104 as well as 0340-104 shows a 3" vertical slot in the 4x4x Aangle. The 4-inch leg will not accommodate a 3" slot. Please advise.R: Revise the 4x4x1/2 angle to a 6x4x1/2 LLV to accommodate the 3" slot. SeeAddendum No. 8.56. Q: (TF) Detail 0340-104 calls for the 4x4x A angles to be located in between thestems. The plan on drawing 10-S-4 shows the angle in line with the stems.Please clarify the quantity and location of the angles.R: The connections are probably easiest to install between the stems, but the finalconfiguration and design for these connections is for the Precast Supplier todetermine. The quantity (spacing) shown on the plan is consistent with the 5.0kip reaction required of a single connection indicated in the note on the detail.57. Q: (TF) Detail 0340-104 shows the 4x4x 1 x 1'-0" angle with an epoxy bolt. How05/16/08 02001-158A OR 5-15

many bolts are in the angle? What diameter bolt is required? What is theembedment of the anchor?R: We intend for the Precast Supplier to design the connection for the 5.0 kiphorizontal reaction indicated in the note and submit design calculations.58. Q: (TF) Detail 0340-104 shows the 4x4x % x 0'-4" angle with an epoxy bolt. Howmany bolts are in the angle? What is the embedment?R: We intend for the Precast Supplier to design the connection for the 5.0 kiphorizontal reaction indicated in the note and submit design calculations.59. Q: (KMC)On the drawings it is showing a 6'-0" x 6'-0" (19 each) wall panels.Kalwall does not produce single panel wall panels over 5'-0" in width. You canalways attach two 3'-0" panels with the included panel to panel connection(batten). If you were wanting a single panel then we could only quote a 5'-0" x6'-0". They can produce up to 18'-0" in length but their manufacturing machinerestricts the width of the panels. How do you want me to quote this?R: The translucent panel openings shall remain 6'-0" x 6'-0". Provide two equalKey to Questions:panels of 3'-0" wide by 6'-0" high with a center vertical batten at each opening.(ADS)(AFI)(AG)(AS)(AW)(CS)(EC)(El)(FE)(GS)(HL)(HWZ)(ISI)(KMC)(MII)(MS)(OPI)(PE)(PP)(RBC)(SA)(SEP)(SI)(SP)(SS)(SWT)(TA)Advance Drainage SystemArchitectural FinishesAlberici GroupAtlantic Skanska, Inc.Archer Western ContractorsCorban Services, Inc.Envirosystems CompanyEnvirosystems CompanyFerguson EnterprisesGeneral Shale BrickHolophane LightingHWZ Contracting - CincinnatiInsulation Solutions, Inc.Kistler-McDougall Corp.Major Industries, Inc.Mixing Systems, Inc.Oldcastle Precast, Inc.Pace ElectricPrime PolymersRobert Bates CompanySanitaireSoutheast PumpSykes IndustrialStar-PipeStyro Systems agent for Certain TeedSiemens Water TechnologiesTempleton Associates05/16/08 02001-158A QR 5-16

(TC)(TDC)(TDH)(TF)(TI)(TJL)(WGH)(WS)(WT)TenCate Geosynthetics North AmericaTindall CorporationThe TDH CompanyThompson FabricatingTransdyn, Inc.Taylor Jordan LightingWG HerringWestern SummitWesTechMay 16, 2008Jordan, Jones & Goulding6801 Governors Lake ParkwayNorcross, Georgia 30071(770) 455-855505/16/08 02001-158A QR 5-17

INDUCTION MOTOR DATA SHEETProject: Athens North Oconee Water Reclamation FacilityOwner: Unified Government of Athens Clarke CountyEquipment Name: Grit Pump No 1 and 2Equipment Tag Number(s): P-15-03-l and P-15-03-2Type: Squirrel-cage induction meeting requirements of NEMA MG 1Manufacturer: For multiple units of the same type of equipment, furnish motors and accessories of a singlemanufacturer.Hazardous Location: E] Furnish motors for hazardous (classified) locations that conform to UL 674 andhave an applied UL listing mark.Motor Horsepower: 20 Guaranteed Minimum Efficiency at Full Load: _ percentVoltage: 480 Guaranteed Minimum Power Factor at Full Load: __ percentPhase: 3 Service Factor (@ rated max. amb. temp.): El 1.0 X 1.15Frequency: 60-HzEnclosure Type: TEFCSynchronous Speed: 1800 rpm El Multispeed, Two-Speed: / rpmo Thermal Protection:Winding: 5l One C0 Twoo Space Heater: _ volts, Mounting Type: ] Horizontal [] Verticalsingle-phaseo Vertical Shaft: EQ Solid 5 Hollowol Vertical Thrust Capacity (lb): Up ___Down __5 Adjustable Speed Drive: See Section 26 29 23, Low-VoltageAdjustable Frequency Drive System.Operating Speed Range: _ to _ % of Rated Speed0 Variable TorqueE0 Constant TorqueAdditional Motor Requirements: X See Section 26 20 00, Low-Voltage AC Induction Motors.Special Features:

(1)Section 00 41 00BidTO:UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY, GEORGIAFROM:(Bidder's Name)FOR: ATHENS NORTH OCONEE WATER RECLAMATION FACILITYSubmitted: ,2008The undersigned Bidder, in compliance with your Invitation to Bid for the construction of thisProject having examined the Contract Documents and the site of the proposed work, and beingfamiliar with all of the conditions surrounding the construction of the proposed Project, includingthe availability of materials and labor, hereby proposes to construct the Project in accordance withthe Contract Documents.The Bidder proposes and agrees, if this Bid is accepted, to contract with the Unified Governmentof Athens-Clarke County, Georgia in the form of Contract Agreement specified, to furnish allnecessary products, machinery, tools, apparatus, means of transportation and labor necessary tocomplete the construction of the Work in full and complete accordance with the reasonablyintended requirements of the Contract Documents to the full and entire satisfaction of the UnifiedGovernment of Athens-Clarke County, Georgia with a definite understanding that no money willbe allowed for extra work except as set forth in the Contract Documents, for the following prices:05/16/08 2001-158\XA 0041 00

004100-2Bid*** BASE BID***ITEM 1 - Furnishing all products, materials and equipment and performing all labor necessary tocomplete and put into operation the Athens North Oconee Water Reclamation Facility includingall work shown on the Drawings and/or specified and not included in Items 2 through 20 below,nor the Alternates, the amount of:DOLLARS ($Ite No ecito t. Uit Ui rc oa rc2. Equipment Allowancesa. Influent Screen System, JWC Environmental Allowance $ 629,850.00b. Aeration Centrifugal Blower System Allowance $ 1,504,900.00Turblex, Inc.C yclone Separator and Grit Washer Allowance $ 424925.00Grit Chamber Equipment, Eutek, Inc.Screw-Inducted Flow Centrifugal Pumps andd. Submersible Pumps Allowance $ 965,199.00WEIR Specialty Pumps (WEMCO-Hidrostel)Submersible Chopper Pumps Allowance $ 186,919.00e. Vaughan Company, Inc.f. Peristaltic Hose Pumps Allowance $ 413,770.00Watson - Marlow Bredel, Inc.UV Disinfection SystemTrojan Technologies Allowance $ 948,224.00h. Centrifuge Dewatering Equipment Allowance $ 1,050,000.00Andritz Separation, Inc.i. Diesel Engine Generator Sets, Control Panel Allowance $ 3,365,800.00Yancy Bros. Co.Odor Control (Blotower) System Allowance $ 2,980,000.00J' Siemensk. Rotary Drum Thickeners, Parkson Allowance $ 439,465.003. Cash Allowances fa. Soils, Concrete, and Masonry Testing Allowance $ 225,000.00b. Construction Surveying Allowance $ 10,000.00C. Blasting Monitoring Allowance $ 20,000.00NPDES General Permit to Discharged. Stormwater Associated with Construction Allowance $ 50,000.00Activitye. Computer Software and Hardware Allowance $ 60,000.0005/16/08 2001-158XXA 00 41 00

004100-3Bidf. Utility Location Allowance $ 20,000.00Utility Relocation for the existing North Oconee $ 25,000.00Treatment Facility and EPA Buildingh. Engineer's Field Office Furnishings and Allowance $ 50,000.00Equipmenti. Owner's Office Furnishings and Lab Equipment Allowance $ 80,000.00J'Unforeseen Site Conditions and Utility Allowance $ 1,000,000.00Conflictsk. Removal of Hazardous Substances as Allowance $ 200,000.00DirectedI. Telephone Communication System Allowance $ 100,000.00m. Site Security System Allowance $ 400,000.00n. Landscaping and Signage Allowance $ 150,000.00o. Overtime Inspection Allowance $ 160,000.00p. Cleaning of Digester Allowance $ 200,000.00**** ADDITIONAL WORK IF ORDERED BY THE ENGINEER ....4. Erosion Controla. Construction Exits 1 EA $ $b. Type C Silt Fence 2,000 LF $ $c. Inlet Protection/Gravel 5 EA $ $d. Inlet Protection 5 EA $ $e. Inlet Protection/Pigs in Blanket 5 EA $ $f. Stone Check Dams 5 EA $ $g. Rip Rap 100 CY $ $5. Trench Stabilizationa. Beyond Bedding 300 CY J$Removal of Unsuitable Material and 1 T6. Replacement Witha. Crushed Stone 300 CY $ $b. Suitable Earth Material 300 CY $ $05/16/08 2001-158\XA 00 41 00

004100-4Bid7. Pipe and Fittingsa. 4-Inch DIP 100 LF $ $b. 4-Inch RJP 100 LF $ $c. 6-Inch DIP 100 LF $ $d. 6- Inch RJP 100 LF $ $e. 8-nch DIP 100 LF $ $f. 8- Inch RJP 100 LF $ $g. 10-Inch DIP 100 LF $ $h. 10-Inch RJP 100 LF $ $i. 12-Inch DIP 100 LF $ $j. 12-Inch RJP 100 LF $ $k. 18-Inch DIP 100 LF $ $I. 18-Inch RJP 100 LF $ $M. 20-Inch DIP 100 LF $ $n. 20-Inch RJP 100 LF $ $o, 24-Inch DIP 100 LF $ $p. 24-Inch RJP 100 LF $ $q. 30-Inch DIP 100 LF $ $r. 30-Inch RJP 100 LF $ $s. 36-Inch DIP 100 LF $ $t. 36-Inch RJP 100 LF $ $u. 42-Inch DIP 100 LF $ $v. 42-Inch RJP 100 LF $ $w. 48-Inch DIP 100 LF $ $x. 48-Inch RJP 100 LF $ $y. 54-Inch DIP 100 LF $ $z. 54-Inch RJP 100 LF $ $05/16/08 2001-158\XA 00 41 00

004100-5BidIte No Decito Qty uni UntPieToa-rcaa. 60-Inch DIP 100 LF $ $bb. 60-Inch RJP 100 LF $ $cc. Ductile Iron Fittings 10.0 TONS $ $8. Excavationa. Trench 200 CY $ $b. Unclassified 100 CY $ $9. Concrete Backfilla. Class "C" Concrete 200 CY $10. Structural Class 'A" Concretea. Footings 50 CY $ $b. Walls 50 CY $ $c. Columns 50 CY $ $d. Beams 50 CY $ $e. Slab on Grade 50 CY $ $f, Elevated Slab 50 CY $ $11. Reinforcing Steela. In Place 5,000 LBS $ $12. Concrete Formwork , Ia. Footings 100 SF $ $b. Walls and Columns 100 SF $ $c. Beams 100 SF $ $d. Slabs 100 SF $ $13. Concrete Finishing .a. Float 200 SF $ $b. Steel Trowel 200 SF $ $c, Broom 200 SF $ $d. Rubbed Stone 200 SF $ $05/16/08 2001-158\XA 00 41 00

004100-6Bide. Point and Patch 200 SF $ $14. Sidewalk 1,000 SF $ $15. Intermediate Metal Conduit (IMC) . . ,a. -Inch 100 LF $ $b. 1-Inch 100 LF $c. 1-1/2-Inch 100 LF $ $d. 2-Inch 100 LF $ $a. 2-1/2-Inch 100 LF $ $f. 3-Inch 100 LF $ $g. 4-Inch 100 LF $ $PVC Coated Galvanized Rigid Steel Conduitr6(GRC)L W.. .a. -Inch 100 LF $ $b. 1-Inch 100 LF $ $c. 1-1/2-Inch 100 LF $ $d. 2-Inch 100 LF $ $e. 2-1/2-Inch 100 LF $ $f. 3-Inch 100 LF $ $g. 4-Inch 100 LF $17. Concrete Encased Duct Bank CI -a. With two 2-Inch Conduits 100 LF $ $b. With two 3-Inch Conduits 1100 LF $ $c. With two 4-Inch Conduits 100 LF $ $.... ....18. THNN Copper Wirea. 1,000 V14 LF $ $b. #12 1,000 LF $ $c. #10 1,000 LF $ $d. #8 1,000 LF $ $05116108 2001-158\XA 00 41 00

0041 00-7BidIte No. Decito t.UiSUi rc oarce. #6 1,000 LF $ $f. #4 1,000 LF $ $g. #3 1,000 LF $ $h. #2 1,000 LF $ $i. #1 1,000 LF $ $j. #1/0 1,000 LF $ $k. #2/0 500 LF $ $I. #3/0 500 LF $ $m. #4/0 500 LF $ $n. 250 MCM 100 LF $ $o. 350 MCM 100 LF $ $p. 500 MCM 100 LF $ $q. 16/2 Twisted Shielded Pair 100 LF $ $19. Switches ka. Single Pole, Single Throw, with 10 EA $ $Stainless Steel Plateb. 3-Way with Stainless Steel Plate 10 EA $ $c. 30/3/4X Non-Fused Disconnect 5 EA $ $d. 60/314X Non-Fused Disconnect 5 EA $ $e. 100/3/4X Non-Fused Disconnect 5 EA $ $20. Electrical Appurtenancesa. FS Single Gang Cast Junction Box 50 EA $ $b. FS Two Gang Cast Junction Box 50 EA $ $c. Duplex Receptacle with Stainless Steel Plate 50 EA $ $d. 6'x6'x6' Underground Electrical Manhole 2 EA $ $BASE BID TOTAL, ITEMS 1 THROUGH 20, INCLUSIVE, THE AMOUNT OFDOLLARS ($ ).05/16/08 2001-158\XA 00 41 00

004100-8Bid** * ALTERNATE NO. 1Add, for Additional Work to demolish the existing wastewater treatment facilities andappurtenances as identified on the Contract Drawings and Specifications, the amount of:DOLLARS ($__.*** ALTERNATE NO. 2 * * *Add, for Additional Work to construct the Maintenance Building, the amount of:DOLLARS ($__.*** ALTERNATE NO. 3 ** *Add, for Additional Work to provide backup carbon canister unit at Influent Pump Station, theamount of:DOLLARS ($_.).05/16/08 2001-158\XA 00 41 00

004100-9BidMAJOR PRODUCT OR SYSTEM SCHEDULEBidder shall indicate which one of the listed products or systems it is offering to provide by circlingone. Should Bidder fail to indicate one or circle more than one, Bidder shall provide the first-listedchoice.4411 29.14 Activated Carbon Odor Control System Say Products, Inc.Calgon Carbon CorporationUS Filter4442 24.03 Secondary Clarifier Mechanism US Filter/Envirex Products, Inc.(Suction Header/Manifold Type)Eimco Process Equipment CompanyWes Tech Engineers, Inc444256.03 Vertical Turbine Pumps Fairbanks MorseFlowserve WorthingtonPatterson44 43 32. Jet Mixing/Aeration Systems for Aerobic US Filter, Jet TechSludge Storage TanksMass Transfer Systems4444 76 Hydrated Lime Storage, Mixing and Feed StancoSystemSiemensChemco SystemsAcrison44 45 16.02 Fine Bubble Air Diffuser System ITT Industries SanitaireEnvironmental Dynamics, Inc.4446 13.02 Screw Conveyor System RDP TechnologiesCustom Conveyor26 13 13 Medium-Voltage Circuit Breaker Switchgear IPSISO/Power LynxRusselectric05116/08 2001-158\XA 00 41 00

0041 00-10Bid26 12 02 Oil-Filled Pad Mounted Transformers General ElectricCutler HammerSquare D26 24 19 Low-Voltage Motor Control Eaton Electrical/Cutler HammerGE Industrial SystemsSchneider Electric/Square D Services26 18 39 Medium-Voltage Induction Motor Control EatonGeneral ElectricSquare DBidder shall indicate which one of the listed Suppliers it is offering to provide by circling one.Should Bidder fail to indicate one or circle more than one, the Owner will select one at its owndiscretion.Nam Ciy SeControl Instruments, Inc.Smyrna, GeorgiaIndustrial Control Systems, Inc.Sandston, VirginiaRevere Controls SystemsBirmingham, AlabamaTransdyn, Inc.Duluth, GeorgiaNo "or-equal" or substitute will be considered05/16/08 2001-158A 00 41 00

0041 00-11BidThe Bidder agrees hereby to commence Work under this Contract, with adequate personnel andequipment, on a date to be specified in a written order of the Engineer, and to fully complete allWork under this Contract within the time limits stated in the Contract Agreement. Bidder furtheragrees to pay as liquidated damages the sums as stated in Section 01 10 11 for failure tocomplete the Work within the time limits-stated in Section 01 10 11.The Bidder declares an understanding that the quantities shown for unit price items are subject toeither increase or decrease, and that should the quantities of any of the items of Work beincreased, the Bidder proposes to do the additional Work at the unit prices stated herein; andshould the quantities be decreased, the Bidder also understands that payment will be made onthe basis of actual quantities at the unit price bid and will make no claim for additional costs oranticipated profits for any decrease in quantities; and that actual quantities will be determinedupon completion of Work, at which time adjustment will be made to the Contract amount by directincrease or decrease.In case of discrepancies between the figures shown in the unit prices and the totals, the unitprices shall apply and the totals shall be corrected to agree with the unit prices. In case ofdiscrepancies between written amounts and figures, written amounts shall take precedence overfigures and the sum of all Bid extensions (of unit prices) plus lump sum items shall takeprecedence over BID TOTAL.The Bidder furthermore agrees that, in the case of a failure to execute the Contract Agreementand Bonds within ten days after receipt of conformed Contract Documents for execution, theattached Bid Bond accompanying this Bid and the monies payable thereon shall be paid into thefunds of the Owner as liquidated damages for such failure.Attached hereto is a Bid Bond for the sum ofDollars ($the conditions of "Instructions to Bidders" and provisions thereof.) according toBidder acknowledges receipt of the Following Addenda:Addendum No. 1, dated:Addendum No. 2, dated:Addendum No. 3, dated:Addendum No. 4, dated:Addendum No. 5, dated:Addendum No. 6, dated:Addendum No. 7, dated:Addendum No. 8, dated:Addendum No. 9, dated:Addendum No. 10, dated:Addendum No. 11, dated:Addendum No. 12, dated:Addendum No. 13, dated:Addendum No. 14, dated:05/16/08 2001-158\XA 00 41 00

0041 00-12BidBIDDER:By:(name signed)Title:(name printed or typed)Address:Phone:Attest:(name signed)Title:(name printed or typed)(SEAL)Note: Attest for a corporation must be by the corporate secretary; for a partnership by anotherpartner; for an individual by a notary.Note: If the Bidder is a corporation, the Bid shall be signed by an officer of the corporation; if apartnership, it shall be signed by a partner. If signed by others, authority for signature shall beattached.END OF SECTION05/16/08 2001-158\XA 00 41 00

EQUIPMENT ALLOWANCE SCOPE OF WORKREVISIONS PER ADDENDA 9ATHENS NORTH OCONEEWATER RECLAMATION FACILITYUnified Government ofAthens-Clarke CountyMay 2008

C. Seller is familiar with and is satisfied as to all local federal; state and local Laws and Regulations that may affect cost,progress and the flinishing of the Goods and Special Services.D. Seller has carefully studied and correlated the information known to Seller; and information and observations obtainedfrom Seller's visits, if any, to the Point of Destination, with the Contract Documents.. E. Seller has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Seller has discovered inthe Contract Documents, and the written resolution thereof by Engineer is acceptable to Seller.F. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions forfurnishing Goods and Special Services.ARTICLE 10 - CONTRACT DOCUMENTS10.01 ContentsA. The Contract Documents consist of the following:1. This Agreement;2. General Conditions;3. Specifications bearing the title of Athens North Oconee Water Reclamation Facility (not attached, seeAttachment A for list of applicable sections);5. Drawings bearing the title of Athens North Oconee Water Reclamation Facility (not attached, see Attachment A forlist of applicable sheets);6. Addenda (Numbers 1 tl_, inclusive)7. Exhibits to this Agreement (enumerated as follows):a. Seller's Proposal, consisting of the following:* Letter Dated March 11b, 2008(1 page)* Proposal Form (9 pages)* Eutek Systems Firm Pricing Summary (1 page)* Eutek letter amended May 13, 2008 (6 pages)8. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attachedhereto:a. Written Amendment(s);b. Change Order(s);c. Field Order(s);d. Engineer's Written Interpretation(s).B. The documents listed in paragraph 10.0 1.A are attached to this Agreement (except as expressly noted otherwise above).C. There are no Contract Documents other than those listed above in this Article 10.EJCDC P-520 Form of Agreement Between Buyer and Seller for Procurement ContractsCopyright 02000, National Society of Professional Engineers. All rights reserved.00520-502001-158 Cyclone Separator and Grit Washer / Grit Chamber Equipment

March 7, 2008 Amended May 13, 2008TO:RE:Mr. Tom KelleyJordan, Jones and Goulding, Inc.6801 Governors Lake ParkwayBuilding 200Norcross, Georgia 30071GRIT CHAMBER EQUIPMENT & CYCLONE SEPARATOR AND GRIT WASHERATHENS NORTH OCONEE WATER RECLAMATION FACILITYATHENS, GASECTION 44 44 42 & 44 42 41EUTEKO SYSTEMS , INC. FILE #07-6807EUTEK 0 SYSTEMSTM , INC. is pleased to present our quote for the HEADCELLT Grit Removal, Washingand Dewatering System, The system will meet the requirements described in Section 44 44 42 and 44 4241, with exceptions noted. The subsequent bid is based on the provided flows of 10.0 mgd average and29.9 mgd peak.Exceptions/Connents:1. If purchase order Is not received b December 1, 2008, the price will be subject to the priceescalation detailed in item 4.02 of the attached Proposal Form. If the procurement agreement isnot received within 90 days from. the December 1, 2008 deadline, EUTEK reserves the right to requotethe equipment detailed in this scope.2. The equipment must be delivered by April 27, 2009 or the price will be subject to the priceescalation detailed in item 4.02 of the attached Proposal Form.3. EXCEPTION: Article 7 - Payment Procedures 7.02 A-3: EUTEIe takes exception to "no paymentfor goods or epeal sewlees shallbe made until goods are delivered to the jobsite". Once thegoods have been released for production by the CONTRACTOR or OWNER, commenced andcompleted, payment for those goods shall be made. Any delays of shipment requested or causedby the CONTRACTOR or OWNER following release of the goods for production shall not delaypayment for completed or stored goods. If the goods are released for production, theCONTACTOR can withdraw the release for production for up to one (1) week after the date ofrelease to production, If there is a requested delay after one (1) week from release to productionpayment for any ordered or stored goods must be made.4. COMMENT: EUTEKO shop drawings will govern fit up and exact layout of the HEADCELL ".5. AMENDMENT TO PROPOSAL FORM TO PROCUREMENT CONTRACTS Section 4.02: TheSeller's monthly fee for storage of Goods at Seller's facilities in the event that Buyer desires todelay shipment beyond the shipment date shall be $3,000.00 per month in lieu of the written$300.00 per month.6. AMENDMENT TO AGREEMENT BETWEEN BUYER AND SELLER FOR PROCUREMENTCONTRACTS Section 6,03.A.: The Seller's monthly fee for storage of Goods at Sellers facilities inthe event that Buyer desires to delay shipment beyond the agreed to shipment date shall be$3,000.00 per month in lieu of the written $300.00 per month in the document.7. Please see the exclusions and comments detailed in the proposal below.BIDEUTEKe is bidding to furnish the following grit removal, washing and dewaterdng equipment:1, Two (2) 12 ft. 8 tray 100 micron HEADCELLM units rated for 12 inches of headloss at 15.0 mgd.2. One (1) 32" SLURRYCUPTh grit classification and washing unit.3. One (1) 2.0 yd 3 /hr GRIT SNAIL grit dewatering unit.4. One (1) set of spare parts includihg: One (1) set of GRIT SNAIL"' bearings, one (1) spare scraperblade for the GRIT SNAILm , one (1) spare internal scraper and clarifier baffle for the GRITSNAILM, one (1) spare baffle for the SLURRYCUP m unit.295 HWtdmcakDAri#14O I HisboraOR9llA 1503,6152130 ph I 503,615,2906fW I www,.gekxer,

5. One (1) man, six (6) trips for a maximum of seven (7) days for start-up and training services.6. All equipment will be fabricated from 304 stainless steel material unless noted.7. Shipment to the jobsite in Athens, GA.EQUIPMENTGrit and Settleable Solids Concentrator Units (M-15-02-1 and M-1 502-2):Two (2) HEADCELL T - Settleable Solids Concentrator units will be supplied. The trays shall be 144 inches(12 ft) in diameter and shall be fabricated from UV stabilized LDPE. The trays shall be supported by a 304stainless steel frame Integral to the unit. Each HEADCELLT M shall consist of a stack of eight (8) nestedtrays with 904 square feet of settling surface. Each unit will have a headloss of 12 inches at a peak flow of15.0 mgd per unit. Each HEADCELL TM shall be designed to remove 95% of all grit 100 micron (specificgravity 2.6) and larger in size at a flow of 15.0 mgd from screened raw sewage.The HEADCELLTM trays shall be constructed with a minimum 1% inch material pans and sidewalls. The TraySupports shall be fabricated to provide a means to independently support each tray and transfer the weightof each tray to the support structure frame. Each HEADCELL TM will securely fit into a support structureframe containing the screened raw wastewater inlet connection, necessary hardware, and connections, Allflow passages shall be self-cleaning and free of sharp projections or fittings that may snag stringy or fibrousmaterials. Each HEADCELL TM Concentrator Is equipped with a settled solids underflow connection forcollection and removal of settled sofids.Each HEADCELLTM Concentrator is equipped with a settled solids underfiow connection for collection andremoval of settled solids. The settled solids are pumped to the SLURRYCUPTM Grit Washing units from theHEADCELL Tunits. The underflow requires a continuous source of non-potable or reuse water controlledby the furnished contols. Quantity and pressure are detailed below. The CONTRACTOR shall furnish allInterconnecting piping.Grit Washing Unit (M-15-04-1):One (1) 32" diameter, 304 stainless steel all hydraulic SLURRYCUPT M Solids Classifier unit shall beprovided. The unit will have a headloss of 15.0 feet at the flow of 300 gpm. The 32" unit will achieve fullremoval efficiency at flows from 280 to 450 gpm. The SLURRYCUPM is a dynamic grit separator andrequires continuous flow to achieve optimum results. Constant flow should be maintained from theHEADCELLW underfiow.The SLURRYCUPTM unit shall be self-standing and mounted on a support structure and mounted above theGRIT SNAILTM clarifier to provide clearance between the bottom of the grit underfiow pipes and theDewatering Unit clarifier surface. The unit shall have one (1) 6" flanged inlet connection and one (1) 8"flanged outlet connection. Flanges will be rotatable and conform to ANSI B16.1 bolt patterns. The unitshall have one (1) - 1.5" grit underflow connection, one (1) - 3" threaded drain connection, and one (1) - 1.5"NPT fluidizing water for the Hydraulic Valve. Exterior surfaces shall be acid washed and glass bead blastedto a uniform finish.Grit Dewatering Unit (M-15-05-1):One (1) 2.0 cu yd/hr, 304 stainless steel GRIT SNAILTM continuous dewatering units will be supplied. Theunit Is equipped with a 12" wide belt, 60" square clarifier, a 1/3 hp motor (480 VAC, 3 phase, CISD-TEFCenclosure) and one (1) 6" overflow discharge connection with a 6" flange, both connections extending 6"from the GRIT SNAILTM clarifier. Flanges will be rotatable and conform to ANSI B16.1 bolt patterns. Thedrain will be one (1) 3" flanged drain connection with a manual 3" plug valve. The support structure at thehead end will be an A-frame.The washed dewatered grit shall, on a weighted average, contain no more than 20% (wt) unattachedorganic material and have a minimum of 60% total solids concentration.Grit Pumps:Grit pumps to be supplied by OTHERS. Not included is this scope.2

System Controls:Not included in this scope. To be supplied by OTHERS.Utility Requirements:Clarified NPW or Reuse Water:Each HEADCELLTM unit requires continuous 20 gpm @ 50 psig ± 10 pslg of clarified water for "fluidizing" tofunction properly.The SLURRYCUP'h unit requires continuous 30 gpm @ 50 psig ± 10 psig of clarified water to functionproperly.The GRIT SNAILm unitrequires continuous 10 gpm @ 50 psig ± 10 pslg of clarified water for tall roll andbelt rinse.The SLURRYCUPh requires an additional Intermittent 47 gpm @ 50 psig of clarified water for fluidizingand backwashing for 1-2 minutes every 2-4 hours.Appurtenances & InstrumentationThe following will be included in this bid scope:ITEM QY FUNCTION1" Flow Meter, Polycarbonate 1 Measures HEADCELLT fluidizing water flow rate1" Globe Valve, Bronze 1 Fluidizlng water control valve1" Ball Valve, Bronze 2 Fluidizing isolation valve1 1 /" Solenoid valve, NEMA 4X Brass 1 Fluidizing water on/offHilti Anchor Bolt Set, Stainless Steel 1 Anchoring HEADCELL to floorITEM QTY FUNCTION1.5" Flow Meter, 304 Stainless Steel 1 Measures HV supply water flow rate1.5" Ball valve, Bronze I Main supply water valve (isolation)1 1/ Globe valve, Bronze 1 Throttles flow for Hydraulic Valve supply water.1 1h" Solenoid valve, NEMA 4X Brass 2 Hydraulic Valve backwash and Hydraulic Valvesupply water.0-100 psig pressure gauge 1 System Supply Water, Regulated, P,0-30 pslg pressure gauge I SLURRYCUPTm Grit Discharge pressure, Pd0 30 psig pressure gauge 1 SLURRYCUPm mIot pweuro ps sr0-30 psi; pressure gauge i SLURRYCUPSm motive water pressure, P.,

1W Bail valves, Bronze 4 Pressure gauge isolation valves.ITEM QTY FUNCTION1" Solenoid Valve, NEMA 4K, Brass 1 Main supply water valve (automatic)1" Ball Valve, Bronze I Main supply water valve (manual)1 "i Flow Meter, Polycarbonate 1. Measures tail roll rinse water flow rate1' Globe Valve, Bronze I Throtting tall rinse water for GRIT SNAILTM1" Ball Valve, Bronze 1 Tall rinse water shut-off valve" Globe Valve, Bronze 1 Throttling belt rinse system" Ball Valve, Bronze 2 Shut-off valves for belt rinse system3" Full-port Plug Valve, Cast Iron 1 GRIT SNAILh drainHiflti Anchor Bolt Set 316 Stainless Steel 1 Anchoring GRIT SNAILTv to floorSpare parts:The following spare parts will be supplied:1. One (1) set of bearings for the grit washing and dewatering equipment.2. One (1) spare scraper blade for the GRIT SNAIL T M.3. One (1) spare internal scraper and clarifier baffle for the GRIT SNAIL " m ,4. One (1) spare baffle for the SLURRYCUPT grit washing unit.Performance Test:A grit removal efficiency test is offered as an optional price adder in the attached pricing summary. Testingwill only be performed if this option is selected and included In the purchase price.Start-up:Start-up, training and testing services will be provided, as required by the specifications, for one (1) man, six(6) trips for a maximum total of seven (7) days.Exclusions:Any item(s) not specifically described above are excluded and are not to be supplied by Eutek including butnot limited to the following:* Erection and installation of the HEADCELL TM , SLURRYCUPw , GRIT SNAIL T M , DECANTER andControls and Valves." Interconnecting piping and valving between the HEADCELL h , SLURRYCUP TM , GRIT SNAIL m ,DECANTER drain hoses, and piping and valving not expressly stated above.* Pipe connections and fittings not expressly stated above.* All pipe supports, hangers and braces.* Controls, switches, control panels and instrumentation of any kind not expressly stated above.* Wiring and conduit.* Field or touch-up paint, painting, blasting and touch-up of surface finish.* Spare parts not specifically stated above.* Unloading, hauling and storage charge.* Lubricating oil and greases except as noted.4

* No performance and laboratory testing or sample collection and analysis included in bid.* All concrete and grouting work.* Insulation and heat tracing of any kind.* Access platforms of any type.:Seismic analysis.* No bonds of any type are Included in bid.* Controls of any type* Video taping of training or video training is excluded but allowed (to be supplied by Contractor perspecifications).Programmable logic controllers of any type.No grit pumps, pumps of any kind, or the associated motor starter are Included In this quote.Warranty:EUTEK's Standard Warranty; which covers a period of 12 months from the date of start-up, not to exceed18 months from the date of shipment shall apply per the Terms and Conditions of Sale for all components.Terms and Delivery:Please allow 4 weeks after receipt of purchase order for approval drawings. Shipment is typically amaximum of 119 days after receipt of "Approved" or "Approved As Noted, Resubmittal Not Required"submittal package.I , To - ST-MC' --er, IN., .. . allcd In the.^ s-oohod tor... -d t- "--Price includes truck freight to jobsite and does not Include any state or local taxes If requlred. EUTEISSYSTEMS Tm, INC. shall provide the specified equipment and services described above for the pricedetailed In the attached pricing summary. The price is valid until December 1, 2008. After December 1,2008 the price will be subject to the escalation detailed in the attached Proposal Form for up to 90 days atwhich point EUTEKb reserves the right to re-quote the equipment detailed in this scope.Purchase Order:Please make purchase orders to:EUTEKS SYSTEMS "h , INC.2925 NW Aloclek DriveSuite #140Hillsboro, OR 97124Local Sales Representative:Mr. Jerry WillsPrinciple Environmental1770 The Exchange, SE Suite 210Atlanta, GA 30339-2038770.952.9444 phone770.952.7925 faxjerrywills@mindsprlng.comIf you have any questions or concerns, don't hesitate to contact me.Regards,EUTEKS SYSTEM,INC.Adam Neumayer .eSales Applications Manager

cc: Mr. Jerry Wills, Principle Environmental- ~ ns ti n * 6

C. Seller is familiar with and is satisfied as to all local federal, state and local Laws and Regulations that may affect cost,progress and the furnishing of the Goods and Special Services.D. Seller has carefully studied and correlated the information known to Seller, and information and observations obtainedfrom Seller's visits, if any, to the Point of Destination, with the Contract Documents.E. Seller has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Seller has discovered inthe Contract Documents, and the written resolution thereof by Engineer is acceptable to Seller.F. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions forfinishing Goods and Special Services.ARTICLE 10 - CONTRACT DOCUMENTS10.01 ContentsA. The Contract Documents consist of the following:hereto:1. This Agreement;2. General Conditions;3. Specifications bearing the title of Athens North Oconee Water Reclamation Facility (not attached, seeAttachment A for list of applicable sections);5. Drawings bearing the title of Athens North Oconee Water Reclamation Facility (not attached, see Attachment A forlist of applicable sheets);6. Addenda (Numbers 1 to L, inclusive)7. Exhibits to this Agreement (enumerated as follows):a. Seller's Proposal, consisting of the following:" Letter dated May 12, 2008, 2008 (2 pages)* Proposal Form (4 pages)* Action By Written Consent (1 page)* Weir Specialty Pumps Quotation 61050(2 pages)* Wenco Pumps Proposal No. 61050 (3 pages)8. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attacheda. Written Amendment(s);b. Change Order(s);c. Field Order(s);d. Engineer's Written Interpretation(s).B. The documents listed in paragraph 1001.A are attached to this Agreement (except as expressly noted otherwise above).EJCDC P-520 Form of Agreement Between Buyer and Seller for Procurement ContractsCopyright 02000, National Society of Professional Engineers All rights r ed.00520-502001-158 Submersible Pumps/Screw Induced Flow Centrifugal Pumps

WerSpaty Pumps E CO PU PP.O. Box 209 (84110-0209) Tel: 801-359-8731440Cs- South Fw80-5304SMIDROSTA.Salt Lake City, VT 84101 www.weirspxcom WE C ,-DOSA.CeilROTO'JET PUMPDate: May 12, 2008Customer: Jordan, Jones, & GouldingSUBJECT: Your RFQ dated 2113108 Addendum #2WEMCO Quote #61050Project: Athens, GA North OconeeModifications to "Agreement between Buyer and Seller for ProcurementContracts" and General ConditionsMr Tom Kelley.Thank you for your request for quote. We are pleased to have the opportunity to work withyou on this project. We are requesting that the following items be modified in the ContractDocuments.FCovet letter, Item 6, Price:Payment term s will be as follows:a. Per Article 4, Basis of Proposal on Proposal Form for Procurement Contracts.Progress payments are due net 30 days. Final payment Is not to exceed 180 daysfrom date of shipment of equipment.b. In the event that Buyer desires to delay shipment beyond the agreed shipment date, amonthly fee of $500.00 will apply.c. In the event that Buyer delays the initiation of manufacturing of goods or for notexecuting the "Agreement between Buyer and Seller for Procurement Contracts" withinthe number of days specified in the "Proposal for Procurement Contracts, a monthlyfee of $4,606.00 will apply to the total order value.Cover letter. Item 10. Terms and Conditions:Form of Aareement Between Buyer and Seler for Procurement Contracts. Article 5.05:We will make every effort to ship the equipment within the time frame outlined by Jordan, Jones,& Goulding. Should there be a necessity, we will also accept liquidated damages for lateshipment, If assessed by the owner, in the amount of 0.5% of the purchase amount per week,not to exceed 5% of the order value.Form of Aareement Between Buyer and Seller for Procurement Contracts, Article 5.05:WEMCO will indemnify the owner and Jordan, Jones, & Goulding for direct damages to Itsproperty, and bodily injury or death of personnel in proportion to the percentage for whichWEMCO was responsible for the incident that caused the liability.General Conditions for Procurement Contracts, Article 5.09:WEMCO will indemnify the owner and Jordan, Jones, & Goulding for any and all claims, liabilityloss, damages or expense, by reason. of any action for the alleged Infringement of letters of

Project: Athens, GA North Oconee May 12, 2008• Pace 2patent relating to the equipment supplied on this order. Seller's liability for direct damagesarising from a given order will not exceed the amount of this order except for gross or willfulnegligence by Seller.Under no circumsrance shall: 1) Seller be liable for any consequential, incidental or indirectdamages, 2) Sellers total liability for property damages arising from a given order exceed theamount of this order except for gross or willful negligence by Seller.Under no circumstance shall Seller be responsible for any liability arising from the action orinaction of any other party, exclusive of Sellers own employees, agents, contractors or othersuch representatives as broadly defined.Form of Aareement Between Buyer and Seller for Procurement Contracts, Article 5.02:Prices are firm based on the following:* Receipt of complete approval 6 weeks after submission* Released for production 8 weeks after drawings have been submitted by WEMCO.* Acceptance of shipment 28 weeks after receipt of approval drawings.You may accept this modification by signing a copy of this letter and returning it to us.Your interest in WEMCO products is sincerely appreciated, and we look forward to providingyou with the equipment for this project.Sincerely,Eric TobinApplication EngineerEnclosures: GSD-31 (Mod)6.

ARTICLE 1 - PROPOSAL RECIPIENT1.01 Thb Proposal is submitted to the Engineer, Jordau Jones and (ould n& M.1.02 The undersigned Proposer proposes and agrees, if this Proposal is accepted, to enter into an Agreement with the Buyer.in the form included in the Request for Proposal Documents to fivnish the Goods and Special Services as specifted orindicated in the Proposal Documents for the prices and within die times indicated in this Proposal and hn accordance with fheother tens and coidtions of the Proposal Documents.1.03 The Buyer of the Goods and Speciat.Services will be the successful Bidder (ContraCtor) for the referenced ProjectARTICLE 2 -PROPOSER'S. ACKNOWTE0I)MtNTS2.01 Proposer accepts all of the terms and conditions of the Request for Proposl. itis anticpated that t successfilbidder of the general construton pojjeat (Coutnrtor/Buyer) will be given a Notice to Proceed by the Owner on or beg=rSeptesbe 2, 2008. "The Proposal will remain subject.to aceptae fr. 90 days after the dae'of the anticipated NoticeProceed specified In the Request for Proposal, or for such longer period of time ta Proposer may agree to in waiting uponrequest of Engineer or Buyer.2.02 Proposer accepts the provisions of the Agreement as to liquidated damages in the event of Its failure to famish theGoods and Special Services in accordance with the schedule set frth in the AgreementARTICLE 3- PROPOSER'S REPRESENTATIONS3.01 In submitting this proposal, Proposer represents, as set orth in the Agreement, that:A. Proposer has examined and caretly studied thw Proposal Docwnents included with the Request for Proposal, otherrelated data identified, and th following Addenda, receipt of an of which is hereby acknowledged.AddegznNoM.-t LL oxB. Proposer has visited the Point of Destination and become familia with and is satisfied as to the local conditions thatmay affect cost, progress, delivery or the famishing of Goods and Special Services.C. Proposer Is famitiar with and is satisfied as to al federal, s ate and local Laws and Regulations that may affect coatprogress and the funishing of Goods and Special Services.D. Proposer has carefally studled and correlated the ihformation known to Proposer, and information and .observationsobtained finn Proposers visits, if'any, to the Point of Destinatlon, with the Proposal Documents.* H. Proposer has given aigneer written notice of all conflicts, errors, ambiguities, or discrepancies that Proposer hasdiscovered in the foposal Documents, and the written resolution thereof by Engineer is acceptable to Proposer.F. The Proposal Documents are generally sufficient to indicate and convey understanding of all terms and conditions" for flarnishing the Goods and Special Sevice for which this Proposal is submitted.0. Proposer farther represents that this Proposal is genuine and not made in the interest of or on behalf of anyundisclosed individual or entity and is not submitted in z.onfxnnity with any agreement or rules of any group, association,organizain or corporation; Proposer has not directly or indiretly induced or solicited any other Proposer to submit a falseor sham Proposal; Proposer has not solicited or induced any iadividual or entity to refrain from Proposal; and- Proposer hasnot sought by collusion to obtain for itself any advantage over any other Proposer or over Buyer.EJCDC P-400 Proposalrm for Pwroement Contracts -COpgt 0 2000, Nat tal ofety tProdusin Enineem All rights rwerve.00400-202001-158 Submersible Pumps/S=rw Induced Flow Centrifugal Pumps

ARTICLE 4 -BASIS OF PROPOSAL4.01 Proposer will furnish the Goods and Special Services in accordance with thes Contract Documents for the folowing,price(s), which do not include sales tax* sjqj Shop Draing PrepaMm*. 1(0&czaspeia Services* $ l!11 TOTAL Lump Sum4.02 Additional Pioposed Costs:$ TOO e jblkrs monthly fee for storag of Goods at dW~s flibies in the OVeDit tauyerdesires to delay shipment beyond the aliimeat date stated below in ArIl'5.02. Suh feeshall inclade interest on money due Seller$ %h4& The Sene's monthly fee for Buyer delaying the initiatoa of mainufaing of Goods or fornot executing the Procurement Agreenent within the time specified in 4.03 below4.03 Seller ant Buyer shall execute the Procurement Agreement within 45 days after the Contractor's/Buyer's Notice toProceed fom the Owner. Should the Procurement Agreement not be executed within said 45 days due to the fult of theBuyer, the Buyer shall be subject to the prorated additional costs identified in Paragraph 4.02 above. Should the ProomentAgreement not be executed withinthe said 45 days due to the fault of the Seller, Seller shall be subject to the liquidateddamages provisions in the Procurement Agreement. The issue of fault will be determined by th6eEngineer.ARTICLE 5 -TIME OF COMPLETION5.01 Proposer agrees that the furnishing of Goods and Special Services will conform to the schedules set forth below,which will be incorporated into Article 5 of the Agreement;'Time required by Seller to prepare approvable Shop Drawings: U "i.- consecutive calendar days afterexecution of the Agreement between the Buyer and Seller.Time requiredby Selier after receipt of approved Shop Drawings to deliver all goods! J consecutive calendardays.Tm rewiredto complete all Special Services: withinfrom Buyer to Seller to commence such Special Services.Cconsecutive c calendar days after notification5.02 Proposer agrees that the pilces in Article 4 above are based on the condition that shipment of goods may be delayedby the Buyer until December 1, 2009ARTICLE 6 - PROPOSAL DOCUMENTS6.01 The following documents are attached to and made a condition of this Proposal:A. Prposer's supporting dataEJCDC P-400 Proposal Ferm for Procurecient ContractsCopyright 2000, National Socety of Proresional E, ie ms. Aff rights reserved.00400-302001-158 Subruersible Pumps/Screw Induced Flow Centrifugal Pumps

6.02 Tle following douments are incorporated by reference as included in the Request for Proposal and as amended byaddetdgif any:A. Specifications: Se Attachment A.B. Drawings: See Attachment A.ARTICLE 7-DEFINED TUMS7.01 The term used in this Proposal hav the meanings indicated in the General. The'significane of terms with initialcapital letters is despibed. inthe General Conditions.ARTICLE 8 ,PROPOSALSUBMITTAL8.01 Ihis Proposal submitted by:If Proposer is:'Parheship Name:(SEAL).B.MUtre of general partner - attach ev"ewe of athority to sign)Name (typed or printed):112e35s address: ____________ ________-Corportifon Name; E &v ra*4'c PK3I W:T':Stateofl6cs6oratiow PcD .towct4 eType (General Btsiness, Professional, Service, Limited Liability):4a i s(SHAL)(Signatre -- attach evidence of authority to sign)Name (typed or printed): L. ,A iasfA ,tTitle: c r.eW s&S JAgnattt....... ft SecretaryBusiness address: Wel k(4 to sa. 4-LPhone: ( ) 0 Facsimile- (01) 'lflfr r.o*Dfate of Qualification to dobusiness is Sep-niC4r 211 jjjq8.02 This Proposal is submitted this j 3*' dayof ft ,2006EJCDC -400 F orm for Proirmeast CantrctsCar RMO, OgO National frsat Englu . AM r1igis rarved.02001-158 Submersible Pumps/Screw Induced Flow Centrifugal Pumps

Weir Specialty PumpsP.O. Box209 (8411O209) Tet 801-359-8731 W GMCO PUM P44440WWestftD Souith FDR801T30-7Salt take City, UT 84101 www.wehspcom W EMC HIDROSTALISO MI4ROTO'JET PUMPMay 12, 2008' ' " PROPOSALSUBJECT:WEMCO PUMPSJOB: ATHENS, GA - NORTH OCONEEPROPOSAL NO. 61050Thank you: for your request for quotation on WEMCO equipment. We are pleased to offer WEMCOpumping equipment for conditions of service as described below:INFLUENT PUMPS 1-5Section 44 42 56.04Conditions of Service: 5210/ 6650 GPM against 154/134' TDHFive (5) 12" X 10" MODEL I10K-S-IETZ6 WEMCO-Hidrostal Screw CentrifugalpumpsWetted parts of cast iron with high chrome iron suction liner and impeller. The pump isdirectly connected to the shaft of the immersible motor. The pumps are supported by agalvanized steel base elbow, with a non-sparking fast-out device to allow removal of thepumps without the need to enter the wet well. The pumps are furnished with a stainlesssteel lifting chain and grip eye system. The pumps are furnished with a Hidrostal tandemmechanical seal running in an oil bath.FiveFiveTenOneOne(5) 305.6 HP, 3 Phase, 60 Hertz, 460 Volt, 1200 RPM, standard efficiency immersiblemotors. The motors are fumished with 100 feet of power and shielded control cable.(5) 120 volt moisture detector relays.(10) Steel intermediate guide rail brackets (two per pump).(1) Set of variable speed, 5-point performance tests.(1) Set of spare mechanical seals.* Startup included in quoted price and to be completed by Principle Environmental, our localauthorized representative.PRICE: $797,445APPROX. TOTAL WEIGHT: 27,500 Lbs.isz="dr

ATHENS, GA - NORTH OCONEE May 12,2008Estimate #61050 Page 2PROCESS DRAIN SUMP PUMPS 1-2Section 44 42 56.04Conditions of Service: 3500 GPM against 75' TDHTwo (2) 4" X 4" MODEL FlOK-SS-FE5V4 WEMCO-Hidrostal Screw CentrifugalpumpsWetted parts of cast iron with high chrome iron suction liner and impeller. The pump isdirectly connected to the shaft of the immersible motor. The pumps are supported by a castiron base elbow, with a non-sparking fast-out device to allow removal of the pumpswithout the need to enter the wet well. The pumps are furnished with a stainless steellifting chain and grip eye system. The pumps are furnished with a Hidrostal tandemmechanical seal running in an oil bath.TwoTwoTwoOneOne(2) 100.6 HP, 3 Phase, 60 Hertz, 460 Volt, 1765 RPM, standard efficiency immersiblemotors. The motors are furnished with 75 feet of power and control cable.(2) 120 volt moisture detector relays.(2) Steel intermediate guide rail brackets (one per pump).(1) Pump control panel, number FP-95-01.(1) Set of 5-point performance tests.One (1) Set of spare mechanical seals.* Startup included in quoted price and to be completed by Principle Environmental, our localauthorized representative.PRICE: $167,754APPROX. TOTAL WEIGHT: 27,500 Lbs.NOTES AND COMMENTSItem No. 7. Pronosal Data:* All materials, equipment, and services comply with all the Drawings and Specifications includedin or with the Request for Proposal, except as follows:Section 44 42 56.04, 2.03: Guide rails to be provided by others.THIS QUOTATION DOES NOT INCLUDE ANCHOR BOLTS, VARIABLE SPEED DRIVES,STARTERS, GAUGES, GUIDE RAILS, OR CONTROLS OF ANY KIND OTHER THANTHOSE LISTED ABOVE. THE ATTACHED WARRANTY, AND TERMS AND CONDITIONSOF SALE LETTJER ARE INCORPORATED IN, AND MADE A PART OF, THIS PROPOSAL,THIS PROPOSAL WILL EXPIRE IN SIXTY (60) DAYS UNLESS EXTENDED IN x,-WRITING BY WEMCO.

ATHENS, GA 7 NORTH OCONEE May 12,2008Estimate #61050Page3Price is FOB Destination, with freight allowed to curbside nearest jobsite, unloading by others. Pricedoes not include taxes of any kind.:TERMS OF PAYMENT:Per Article 4, Basis of Proposal on Proposal Forn for Procurement Contracts. Progress paymentsare due net 30 days. Final payment is not to exceed 180 days from date of shipment of equipment.Payment terms in this proposal may not be changed without written authorization from WEMCO.Unauthorized retention of payments by Purchaser for any reason shall be subject to a service chargeof 2% per month.Prices are firm based on the following:1. Receipt of complete approval and release for production 8 weeks after drawings have beensubmitted by WEMCO.2. Acceptance of shipment 28 weeks after approval.Thank you for the opportunity of submitting our proposal on WEMCO pumping equipment, and ifwe may be of further service, please contact our representative in your area:Or you can contact this office directly.Sincerely,PRINCIPLE ENVIRONMENTALJerry Wills1770 The Exchange, Suite 210Atlanta, GA 30339Tel: 770-952-9444, Fax: 770-952-7933Eric TobinApplication EngineerWeir Spatally PumpsPO Box 209 SLW Utah 84110-0209T: 801-530-799BF: 801-530-7825E: e.tobineweirs.comEnginetlg

Weir Specialty PumpsWEMW PUWP@WEMOO-HIDROSTALROVrOJi PUII :..14 May 2008QuotationJordan, Jones, and Goulding, Inc. Quotation number. 610506801 Governors Revision:Lake ParkwayBuilding 200Norcross, GA30071Attn:Mr. Tom KelleyProject Athens. GA - No. Oconee Add. 2Your reference:We thank you for your above referenced inquiry, and are pleased to submit our quotation for your consideration.Please see the next page for e summary of our offer. Full details can be found in subsequent pages.For terms and conditions and payment terms, see letters attached to this proposal.We hope you find our quotation in line with your requirements. However, if you have any questions, please do not hesitateto contact us.Sincerely,ErIc TobinWer"Specialty PumpsWeir Specialty Pumps- 440 West 800 South • P.O. Box 209 (84110-0209)' Salt Lake City, UT 84101phone: 801 359 8731 - fax: 801 355 9303 www.weirsp.com

Weir Specialty PumpsWEiRco PUMPWEMICO-HIDROTAL14 May 2008Quotation SummaryJordan, Jones, and Goulding, Inc. Quotation number 610506801 Governors Revision:Lake ParkwayBuilding 200Norcross, GA30071Attn:Mr. Tom KelleyProject: Athens, GA - No, Oconee Add. 2Your reference:The following is a price summary for this quotation. Please see Item specific pages for more details. 7:Mom number Service Pump size Unit Price 1 Unit Freight Qty Extended Price0intlent Pups "110K-S I $j5969$2.570 6 $ 797.446Submersiblelmmesibh002 Process Drain sump Pumps F10K-.- - $82,414 $1,463 2 $167,754SutmerslbleirnmerslbkGrand Total $965,199PUMP FEATURES: All Weir Specialty Pumps are designed to reduce maintenance costs through greater pump reliabilityand improved mean time between failure.SCOPE OF SUPPLY: Only that material detailed In this quotation is being offered. No assumptions should be made thatanything not specifically specified is included.QUALITY STANDARDS: Weir Specialty Pumps - Salt Lake City. UT Is an ISO 9001-2000 certified plant,VAUDITY: This offer is valid for 60 days from date issued. Quoted prices will be held firm thru shipment if order is releasedfor manufacture within 60 days from order entry date. Otherwise, a price adjustment may be applied.PRICE: Price quoted is [or all items purchased at one time. In the event of a partial order, we will review and adjustaccordingly.SHIPMENT: Approximately 28 weeks after receipt of approved purchase order aendlor final approval of submittal anddrawings.START-UP: Not included.TERMS AND CONDITIONS: Please see ADDITIONAL COMMENTS section.PAYMENT TERMS: Please see ADDITIONAL COMMENTS section below.Weir Specialty Pumps 440 West 800 South. P.O. Box 209 (84110-0209) • Salt Lake City, UT 84101phone: 801 359 8731 , fax: 801 355 9303 - www.weirsp~com

C. Seller is familiar with and is satisfied.as to all local federal; state and local. Laws and Regulations that may affect cost,progress and the firnishing of the Goods and Special Services.D. Seller has carefully studied and correlated the information known to Seller, and information and observations obtainedfrom Seller's visits, if any, to the Pbint of Destination, with the Contract Documents.E. Seiler has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Seller has discovered inthe Contract Documents, and the written resolution thereof by Engineer is acceptable to Seller.F. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions forfurnishing Goods and Special Services.ARTICLE 10 - CONTRACT DOCUMENTS10.01 ContentsA. The Contract Documents consist of the following:hereto:1. This Agreement;2. General Conditions;3. Specifications bearing the title of Athens North Oconee Water Reclamation Facility (not attached, seeAttachment A for list of applicable sections);5. Drawings bearing the title of Athens North Oconee Water Reclamation Facility (not attached, see Attachment A forlist of applicable sheets);6. Exhibits to this Agreement (enumerated as follows):a. Seller's Proposal, consisting of the following:* Proposal Form (4 pages)* Turblex Proposal (1 pages)* Terms and Conditions Rev. I May 14, 2008 (1 page)7. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attacheda. Written Amendment(s);b. Change Order(s);c. Field Order(s);d. Engineer's Written Interpretation(s).B. The documents listed in paragraph 10.01 .A are attached to this Agreement (except as expressly noted otherwise above).C. There are no Contract Documents other than those listed above in this Article 10.D. The Contract Documents may only be amended, or supplemented'as provided in Paragraph 3.04 of the GeneralConditions.EJCDC P-520 Form of Agreement Between Buyer and Seller for Procurement ContractsCopyright 02000, National Society of Professional Engineers. All rights reserved.00520-502001-158 Aeration Centrifugal Blower System

1635W. Walnut StreetTU R B LEX Springfield, Missouri 65806-1643Telephone (417) 864-5599Facsimile (417) 860235E-mail: turblexeturblex.comWeb Site: www.turblex.comTERMS AND CONDITIONS (Rev.1 - May 14, 2008)Turblex agrees to the Terms and Conditions of the contract documents provided the followingconditions are added,"AGREEMENT BETWEEN BUYER AND SELLER FOR PROCUREMENT CONTRACTS"Section 5.05: Liquidated damages shall be the sole and exclusive remedy for delay.Section 7.02: The percentage of retainage should not exceed 10% of the total contract price."STANDARD GENERAL CONDITIONS FOR PROCUREMENT CONTRACTS"Paragraph 5.09: This paragraph does not detail the extent of aggregate liability. Turblex iswilling to accept aggregate liability up to 100% of the contract value.Should you have any comments or questions please contact our Contracts Manager Mr.Humberto Hemandez at 1-800-299-1035,

5.03 Date for Delivery of GoodsA. The Goods are to be delivered to the Point of Destination and ready for Buyer's receipt of delivery within a period ofnomore than 308 days after the date on which approved Shop Drawings are delivered to the Seller.B. The cumulative amount of time allowed the Seller for the preparation of approval Shop Drawings and Delivery of Goodsis the sum of the days in paragraph 5.02 and paragraph 5.03.A. above. Unused time under one paragraph may be used tosupplement the allowable time under the other paragraph.C. Buyer may delay shipment of Goods until December 1. 20095.04 Days for Furnishing Special ServicesA. The furnishing of Special Services to Buyer will commence within 7 days after Buyer's written notice to Seller thatBuyer is ready for such Special Services, and shall be completed within 90 days thereafter.5.05 Liquidated DamagesA. Buyer and Seller recognize that time is of the essence of this Agreement and that Buyer may suffer financial loss if theGoods are not delivered at the Point of Destination and ready for receipt of delivery by Buyer within the times specified inParagraph 5.03 above, plus any extensions thereof allowed in accordance with Article 7 of the General Conditions. The partiesalso recognize that the timely performance of services by others involved in the Project may be dependent upon Seller's specificcompliance with the requirements of Paragraph 5.03. Further, they recognize the delays, expense and difficulties involved inproving the actual loss suffered by Buyer if complete acceptable Goods are not delivered on time, Accordingly, instead ofrequiring such proof, Buyer and Seller agree that as liquidated damages for delay (but not as a penalty) Seller shall pay Buyer$2,000.00 for each day that expires after the time specified in Paragraph 5.03.B, for delivery of acceptable Goods (plus anyextensions thereof). No liquidated damages can be assessed unless the cumulative time has been exceeded by the Seller. Suchliquidated damages shall be the sole remedy in damages available to Buyer for any delay by Seller. The total amount of liquidateddamages that can be assessed is the total Contract Price.ARTICLE 6 - CONTRACT PRICE6.01 Buyer shall pay Seller for firnishing the Goods and Special Services in accordance with the Contract Documents incurrent funds as follows:6.02 Proposer will frniish the Goods and Special Services in accordance with these Contract Documents for the followingprice(s), which do not include sales tax:6.03 Additional Costs:$ 336,580.00 Shop Drawing Preparation$ 2,860,930.00 Manufacturing of Goods$ 168,290,00 Special Services$ 3,365,800.00 TOTAL Lump SumA. $ 6,500.00 The Seller's monthly fee for storage of Two (2) Gensets at Seller's facilities in theevent that Buyer desires to delay shipment beyond the agreed to shipment date.Such fee shall include interest on money due SellerC. $ 4,500.00 The Seller's monthly fee for storage of Switchgear System at Seller's facilities inthe event that Buyer desires to delay shipment beyond the agreed to shipment date.Such fee shall include interest on money due SellerEJCDC P-520 Form of Agreement Between Buyer and Seller for Procurement ContractsCopyright S2000, National Society of Professional ngineers. All rights reserved.00520-302001-158 Diesel Engine Driven Generator Sets

B. $ 33,658.00 The Seller's monthly fee for Buyer delaying the initiation of manufacturing ofGoods or for not executing the Procurement Agreement within the time specified in6.04 belowThe amount of payment of Additional Costs in this Article 6.03 shall be prorated for the actual time impact.6.04 Seller and Buyer shall execute this Procurement Agreement within 45 days after the Contractor's/Buyer's Notice toProceed from the Owner. Should the Procurement Agreement not be executed within said 45 days due to the fault of theBuyer, the Buyer shall be subject to the additional costs identified in Article 6.03, Paragraph B above. Should the ProcurementAgreement not be executed within the said 45 days due to the fault of the $eler, Seller shall be subject to the liquidateddamages provisions in Article 5.05 above. The issue of fault will be determined by the Engineer.6.05 Seller agrees that the prices in this Article 6 are based on the condition that shipment of goods may be delayed by theBuyer until the date stated in Article 5.03, Paragraph C above.ARTICLE 7 - PAYMENT PROCEDURES7.01 Submittal and Processing of Payments.A. Seller shall submit Applications for Payment in accordance with Article 10 of the General Conditions. Applications forPayment will be processed by the Buyer and Engineer as provided in the General Conditions.7.02 Progress Payment, Retainage.A. Buyer shall make progress payments on account of the Contract Price on the basis of Seller's Applications forPayment as follows:1. Upon receipt of the first Application for Payment submitted in accordance with Paragraph 10.01 .A. 1 of the GeneralConditions an amount equal to the cost of Shop Drawing preparation and cost of manufacturing of Goods, less any amountsretained by the Owner from the Buyer and less such amounts as Engineer may determine in accordance with Paragraph10.02.A.3 of the General Conditions,2. Upon receipt of the second and subsequent such Application for Payment in accordance with Paragraph 10.01.A.2 ofthe General Conditions, an amount sufficient to in&rease total payments to Seller by the amount of the costs for SpecialServices performed to date, less any amounts retained by the Owner from the Buyer and less such amounts as Engineer maydetermine in accordance with Paragraph 10.02.A.3 of the General Conditions.3. No payment for Goods or Special Services shall be made until Goods are delivered to the Project Site.7.03 Final PaymentA. Upon final completion of the delivery of the Goods and performance of all Special Services and upon receipt of the finalApplication for Payment in accordance with Paragraph 10.06 of the General Conditions, Buyer shall pay the remainder of theContract Price, including retainage.ARTICLE S - INTEREST8.01 All monies not paid when due as provided in Article 10 of the General Conditions shall bear interest at the rate of sixpercent per annum.ARTICLE 9 - SELLER'S REPRESENTATIONS9.01 In order to induce Buyer to enter into this Agreement, Seller makes the following representations:EJCDC P-520 Form of Agreement Between Buyer and Seler for Procurement ContractsCopyright 02000, National Society of Professional Engineers. All rights reserved.00520-402001-158 Diesel Engine Driven Generator Sets

A. Seller has examined and carefully studied the Contract Documents and the other related data.:B. If specified or if, in Seller's judgment, any local condition mayaffect cost, progress orthe.furnishing of the Goods andSpecial Services, Sellerhas:visited the point ofDestiaiatioxfaid bedome familiar with and is saiisfied as tb the l6calfnditions "thmay affect cost, progress or the furnishing of the Goods and Special Services.C. Seller is familiar with and is satisfied as to all local federalj state and local Laws and Regulations that may affect cost,progress and the furnishing of the Goods and Special Services.D. Seller has carefully studied and correlated the information known to Seller, and information and observations obtainedfrom Seller's visits, if any, to the Point of Destination, with the Contract Documents.E. Seller has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Seller has discovered inthe Contract Documents, and the written resolution thereof by Engineer is acceptable to Seller.F. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions forfurnishing Goods and Special Services.ARTICLE 10 - CONTRACT DOCUMENTS10.01 ContentsA. The Contract Documents consist of the following:I. This Agreement;2. General Conditions;3. Specifications bearing the title of Athens North Oconee Water Reclamation Facility (not attached, seeAttachment A for list of applicable sections);5. Drawings beating the title of Athens North Oconee Water Reclamation Facility (notattached, see AttachmentA forlist of applicable sheets);6. Exhibits to this Agreement (enumerated as follows):a. Seller's Proposal, consisting of the following:* Proposal Form (5 pages)* Quotation( 14 pages)* Email from Romey Schwieterman, dated May 14,2008,4:17 P.M. (1 page)7. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attachedhereto:a. Written Amndment(s);b. Change Order(s);c. Field Order(s);d. Engineer's Written Interpretation(s).B. The documents listed in paragraph 10.01 .A are attached to this Agreement (except as expressly noted otherwise above).EJCDC P-f2O Form of Agreement Betwen Buyer and Seller for Procurement ContractsCopyright CZOOO, National Society of Professional Engineers. All rights resenved.00520-502001-158 Diesel Engine Driven Generator Sets

Quotation # 08RAS-027-01Yancey Power Systems259 Lee Industrial slvP t hAustell, GA 30168-7406Project: North Oconee WWTP770.941.2424 tel770.941.2411 fax. Date Issued: 5-14-08877.278.6235 tog free Expiration: 12-3-08 (P.O. for Release)www.YaneyPower.Com Page# I of 14Proposal For Procurement ContractsTwo (2) New Caterpillar Diesel, 3516B, package generator sets, rated 2250kW Standby, 12,470 volt, 3 phase, 4wire, 60 hz, 1800 rpm each with the following features and equipment per packaged system:AIR INLET SYSTEM+ Aftercooler core, Material: copper nickel* Two turbochargers, center mounted, on 1800 rpm engines+ Air cleaner, regular duty with service indicatorCONTROL SYSTEM ...* Caterpillar ADEM - Electronic engine control, with speed control moduleCOOLING SYSTEM* Blower fan, fan drive and fan guard+ Radiator mounted to geriset, with initial coolant fill.* Jacket water pump, gear driven, centrifugal.* Water pump, gear driven, centrifugal.* Coolant level sensor* Jacket water heater, with isolation shut-off valves.EXHAUST SYSTEM* Dual Exhaust manifolds and housing, dry, 6 inch ID square flanged outlet+ Critical grade exhaust silencer* Flex assemblyFUEL SYSTEM* Engine mounted Racor fuel/water separator with changeover valve to permit changing filter while engine isrunning.* Fuel filter, RH with service indicator* Engine mounted fuel transfer pump (max. allowable head 9 ft.)* Electronic control unit injectors* Braided steel flexible fuel lines* Fuel priming pump+ Fuel cooler installed inradiatorGENERATORS AND GENERATOR ATTACHMENTS* Caterpillar, 105 degree C temp rise, two-bearing, heavy Duty, Brushless, 12,470 volt, SR4B generator, permanentmagnet excited, form wound, 2/3'rds pitch.* Stator RTD's with monitoring on control panel.* Generator bearing RTD's with monitoring on control panel.* Includes Caterpillar 3 phase voltage regulator* Generator space heater with t-stat* Oversized generator extension box with bus extensions for mounting differential and neutral CT's and powerconductor cables* One (1) Neutral grounding resistor for each genset.* Four (4) vibration sensors, dry contact type wired to control panel.INSTRUMENTATION* CAT EMCP 3.2 Genset Controller* Instrumentation: LCD .Display with adjustable contrast and backlight with auto power off.AC metering: Volts.3-phase (L-L & L-N); Amps (per phase & average); Frequency; kW (total & per phase);kVA (total & per phase); kVAr (total & per phase); Power Factor (overall & per phase); kW hours; kVAr hoursDC metering: Battery Volts; Engine Hours run; Engine Jacket Water Temperature (in 6C or 0 F); Lube OilPressure (In psi, kPa or bar); Engine Speed (rpm); Crank attempt counter; Start counter* Protection: Fail to start shutdown, Low oil pressure shutdown, High engine temperature, Approaching highcoolant temperature alarm, Approaching low oil pressure alarm, Not In auto mode alarm, Underspeed /Overspeed, Loss of Engine Speed Detection, Low I High battery voltage, Battery charger failure (If fitted),

Yamy Power Systems:Quotation # O8RAS-027-01Austell, GA s18iB4. . Project: North Oconee WWTP770,941.2424 tel Date Issued: 5-14-08770941.2411 fax877,278,6235 tal free Expiration: 12-3-08 (P.O. for Release)wwYanceyPower.com Page # 2 of 14Under volts, Over volts, Under frequency, Over frequency, Overcurrent, Reverse Power, 6 spare faultchannels, 20 Event fault tog (name of event, engine hours at first occurrence of event, time stamp at first,occurrence, engine hours at latest occurrence of event, time stamp at latest occurrence, number, ofoccurrences of event) -# Controls: 2 LED status indicators (1 red shutdown, I amber warning), Run key and LED Indicator, Auto key andLED indicator, Stop key and LED indicator, Lamp test key, Alarm acknowledge key, Menu navigation keys,Engine and AC metering shortcut keys, All control module keys have tactile feedback, Lock down emergency stoppush button* Other features Real time clock, Service interval counter, spare discrete input/output package+ 1/0 module for customer use..LUBE SYSTEM+ Crankcase breathers, two, top mounted, 2 inch OD outlet* Oil cooler* Oil filler and dipstick, RH* Oil filter, RH* Oil pump; gear type* Shallow ill pan* Oil pan drain valve and oil sampling valve# Initial oil illMOUNTING SYSTEM* Rails, engine generator radiator mounting.* Vibration isolators mounted between generator and sub-base.PROTECTION SYSTEM* Safety shlutoff protection, electricalSTARTING SYSTEM* Two (2), 24 volt heavy duty, electric starting motors* Two (2) sets of Nicad batteries with battery rack and cables.+ Two (2) Automatic, dual rate, battery chargers, 20 amps.WEATHERPROOF ENCLOSURE* Weatherproof enclosure - Sound Attenuated (65 dbA@ 20'), fuel tank base mounted with lifting eyes* Personnel doors. Doors are 36" x 70" aluminum double panel entrance doors with weatherproofing gasket, driprail and stainless steel hardware with lockable handles and panic hardware.* Enclosure electrical accessories are pre-wired and shipped loose for connection by customer.* One (1) 45 kVA, 3 phase, 480-120/240 volt transformer with fuse disconnect* Load center 100 amp, 480-1201208.volt A.C. three (3) phase with main breaker and branch breakers for all A.C.Interior items prm-wired.* One (1) 150 amp lighting panel,* Spring open, Motorized closed, intake louvers prm-wired to load center.* 120 V.A+C. dual tube, flourescent lights with globe and guard and 2 light twitches.* 120 V.D.C. incahdescent lights With globes and guards with timer switch* One (1) Duplex GI receptacle.* Internally mounted exhaust silencer.* Ventillation fan, with thermostat, for air exhaust when the genset is not running* Stairs and common walkway with metal railings.CAT SWITCHGEAR Using POWERLYNX 3000Switchaear controls (3) Generator(sI2 - Master Control section with touch screen2 - Generator Breaker(s)2 - Utility Main Breaker(s)2 - Tie Breaker(s)6 - Distribution Breaker(s)1 - Provision for Generator Breaker. Controls included.

-k 0Quotation # O8RAS-027-01Yancey Power System259 Lee Ioduitrial d. Project:North Oconee WWTPAustell, GA 30187406770.941.2424 td Date Issued: 5-14-08770.941.2411 fax, D877.278.6236 toll free Expiration: 12-3-08 (P.O. for Release)www.YanceyPower.com Page # 3 of 142 - Provision for Distribution Breaker(s) Controls included.Detailed as follows:CATERPILLAR SWITCHGEAR POWER ASSEMBLYI Eaton MVA 15 kV Lineup Medium Voltage assemblies, 12470V, 3-Phase, 3-WIre, 60 Hertz, 500 MVA, 18 kA,NEMA 1 Indoor, UL MVSTRUCTURE 1 - CELL, 15KV 1200 A1 Rear door padlock provisions1 Hinged rear doors.1, Hinge Panel door wI ISO-Standard Cutouts1. Lightning arrester intermediate class 12 kV -,Set of 31 Surge capacitor 3-phase, 7.5 kVCOMPARTMENT A -. (3) VOLTAGE TRANSFORMER 15 KVCOMPARTMENT D - BREAKER COMPARTMENT 150 VCP-W 500 1200AI Common Fuse protection for motor, close, and trip ckts3. CT, single ratio, standard accuracySTRUCTURE 2 - CELL, 15KV 1200 A1 Rear door padlock provisions1 Hinged rear doorsCOMPARTMENT B - PROVISION FOR FUTURE BREAKER 15 KV 1200A1 Common Fuse protection for motor, close, and trip ckts3 CT, single ratio, standard accuracyCOMPARTMENT D - BREAKER COMPARTMENT 150 VCP-W 500 1200A1 Common Fuse protection for motor, close, and trip ckts3 CT, single ratio, standard accuracySTRUCTURE 3 -CELL, 15KV 1200 A1 Rear door padlock provisions1 Hinged rear doorsCOMPARTMENT B - BREAKER COMPARTMENT 150 VCP-W 500 1200A1 Common Fuse protection for motor, close, and trip ckts3 CT, single ratio, standard accuracyCOMPARTMENT D - BREAKER COMPARTMENT 150 VCP-W 500 1200A1 Common Fuse protection for motor, close, and trip ckts3 CT, single ratio, standard accuracySTRUCTURE 4 -CELL, 15KV 1200 A1 Rear door padlock provisions1 Hinged rear doors1 Upper Sectionalizing Bus 1200ACOMPARTMENT B - BREAKER COMPARTMENT 150 VCP-W 500 1200AI Common Fuse protection for motor, close, and trip ckts3 CT, single ratio, standard accuracyCOMPARTMENT C - (2) VOLTAGE TRANSFORMER 15 KVCOMPARTMENT.D - (2) VOLTAGE TRANSFORMER 15 KVSTRUCTURE 5 -CELL, 15KV 1200 A1 Rear door padlock provisions1 Hinged rear doors

Quotation # O8RAS-027-01Yancey Power Systems252 Lee Industrial Blvd. Project: North Oconee WWTPAustell, GA 301887406770.941.2424 tel Date Issued: 5-14-08770,941.2411 fax877,278.8235 tol free Expiration: 12-3-08 (P.O. for Release)wv.YanceyPower.com Page# 4of 141 Upper Left Sectionalizing Bus 1200A1 Upper Vertical Bus 1200AI Lightning arrester Intermediate ciass 12 kV - Set of 31 Surge capacitor 3-phase, 7.5 kVCOMPARTMENT D - BREAKER COMPARTMENT 150 VCP-W 500 1 200A1. Common Fuse protection for motor, close, and trip ckts3 CT, single ratio, standard accuracySTRUCTURE 6 -CELL, 15KV 1200 A1 Rear door padlock provisions1 Hinged rear doors1 Hinge Panel door-wI ISO-Standard Cutouts1 Surge capacitor 3-phase, 7.5 kV1 Lightning arrester intermediate class 12 kV - Set of 3COMPARTMENT A - (2) VOLTAGE TRANSFORMER 15 KVCOMPARTMENT B - (2) VOLTAGE TRANSFORMER 15 KVCOMPARTMENT D - BREAKER COMPARTMENT 150 VCP-W 500 1200A1 Common Fuse protection for motor, close, and trip ckts3. CT, single ratio, standard accuracySTRUCTURE 7 -CELL, 15KV 1200 A1 Rear door padlock provisions1 Hinged rear doors1 Upper Sectionalizlng Bus 1200A1 Lightning arrester intermediate class 12 kV - Set of 31 Surge capacitor 3-phase, 7.5 kVCOMPARTMENT B - BREAKER COMPARTMENT 150 VCP-W 500 1200A1 Common Fuse protection for motor, dose, and trip ckts3 CT, single ratio, standard accuracyCOMPARTMENT D - PROVISION FOR FUTURE BREAKER 15 KV 1200AI Common Fuse protection for motor, close, and trip ckts3 CT, single ratio, standard accuracySTRUCTURE 8 - CELL, 15KV 1200 A1 Rear door padlockprovisions1.. Hinged rear doors.1 Upper Left Sectionalizing Bus 1200A1 Upper Vertical Bus 1200ACOMPARTMENT C - (2) VOLTAGE TRANSFORMER 15 KVCOMPARTMENT D - (2) VT DRAWER - PROVISIONS ONLYSTRUCTURE 9 -CELL, 15KV 1200 AI Rear door padlock provisions1 Hinged rear doorsCOMPARTMENT B - BREAKER COMPARTMENT 150 VCP-W 500 1200A1 Common Fuse protection for motor, close, and trip ckts3 CT, single ratio, standard accuracyCOMPARTMENT D - BREAKER COMPARTMENT 150 VCP-W 500 1200A

Quotation # OBRAS-027-01Yaney Power Systems259 Lee Wustrial Blvd.Austell, GA 30168%.7406Project: North Oconee WWTP770.941 2424 tel770.941.2411 fax Date Issued: 5-14-08877,278,6235 toN free Expiration: 12-3-08 (P.O. for Release)wwwYanyPower.com Page #5 of 14.1 Common Fuse protection for motor, close, and trip ckts3 CT, single ratio, standard accuracySTRUCTURE 10 -CELL, 15KV 1200 A1 Rear door padlock provisionsI Hinged rear doorsCOMPARTMENT B - PROVISION FOR FUTURE BREAKER 15 KV 1200A1 Common Fuse protection for motor, close, and trip ckts3 CT, single ratio, standard accuracyCOMPARTMENT D - BREAKER COMPARTMENT 150 VCP-W 500 1200A1 Common Fuse protection for motor, close, and trip ckts3 CT, single ratio, standard accuracySTRUCTURE 11 - CELL, 15KV 1200 AI Rear door padlock provisions1 Hinged rear doorsI Lightning arrester intermediate class 12 kV - Set of 31 Surge capacitor 3-phase; 7.5 kVCOMPARTMENT A - (3) VOLTAGE TRANSFORMER 15 KVCOMPARTMENT D - BREAKER COMPARTMENT 150 VCP-W 500 1200A1 Common Fuse protection for motor, close, and trip ckts3 CT, single ratio, standard accuracyGLOBAL LIST OF MATERIAL11 Cell,l5kv1200A12 Breaker Compartment 150 VCP-W 500 1200A3 Provision for future breaker 15 kV 1200A45 CT, single ratio, standard accuracy16 Voltage transformer 16 kV2 VT Drawer - provisions only5 Lightning arrester intermediate class 12 kV - Set of 35 Surge capacitor 3-phase, 7.5 kV11 Rear door padlock provisions11 Hinged rear doors2 Upper Left Sectionalizing Bus 1200A2 Upper Sectionalizing Bus 1200A2 Upper Vertical Bus 1200A11 Mimic Bus (plastic)15 Short circuit terminal block2 Hinge Panel door w/ ISO-Standard Cutouts11 Device nameplate15 Common Fuse protection for motor, close, and trip cktsI Accessories - standard set1 Breaker lifting deviceI Test cabinet, DC2 Spare primary fuse2 Spare secondary fuseCATERPILLAR SWITCHGEAR CONTROLSMaster Control Section Includes:PowerLynx® 3000 19" Color TFT Touch Screen

Yancey Power SystemsQuotation # O8RAS-027-01Project: North Oconee WWTPAustel GA 301807406770.941.4214 fax Date Issued: 5-14-08877.278.6235 toll freeExpiiation: 12-3-08 (P.O. for Release)www yaniyPower.co. Page 6of14A graphical system mimic one line that shalt show each Utility, Generatpr Tie and Distribution:proposed with its respective circuit breakerin a one-line representation of the total system. Thegraphics shall utilize colored lights and digital meters while actively displaying thefollowinginformation:Utility Circuit Breaker Status: Open/Closed[/Tripped]Utility C5 Metering VltsiAmpskW/FrequencyGenerator Circuit Breaker Status: OpenlCIosedf/Tripped]Generator Metering VOlts/Amps/kW/Frequenpy :Tie Circuit Breaker Status: Open/Closed[/Tripped]Tie Metering Volts/Amps/kW/FrequencyDistribution Circuit Breaker Status: OpenlClosed[fripped]Engine Stopped/Runnlng/Cooldown/Pre-Alarm/ShutdownEngine ECS Position Off/Auto/Manual/CooldownSystem Output Metering VoltslAmpslkW/FrequencySystem Summary Alarm* The System Metering that will graphically display 34) Voltage, 34 Current, Frequency, Power Factor,KW and KVAR.* Standard System local Annunciation Is also Included., NFPA 110 Annunciation* Generator Real Time Trendingo Load kWo Individual Generator: kW, Voltage, Amps per Phase, Frequencyo Individual Engine: RPM, Battery Voltage, Oil Pressure, Water Temperature" Engine Historical Trending (EUI Only)o Average Generator currento Average Generator Voltageo Fuel Consumption Rateo Air Filter Restrictiono Atmospheric Pressureo Boost Pressureo Left Air Filtero Right Air Filtero Left Turbo Inlet Pressureo Right Turbo Inlet Pressureo After Coolant Temperatureo Engine Speedo Engine Battery Voltageo Engine Oil Pressureo Engine Water Temperatureo Data available on CAT EUI Genset with ADEM 3 or 4 & EMCP 11+ or EMCP 3.3Utility Control includes:* Automatic Control Module (1 per utility breaker)* Utility Metering that will graphically display 34 Voltage, 34 Current, Frequency, Power Factor, kW,kVAR.* Protective Relaying including:Device 27159 - Utility Under/Over VoltageDevice 81O/U - Utility Under/Over FrequencyDevice 25 - Synch Check (Hardware redundant protective device)* Multilin SR750 Multifunction Utility grade protective as noted above, with 86 Lockout Relay andCircuit Breaker Control Switch with red and green indicator lights, and UCLOS Switch, Standard Utility Annunciation is also Included.

- Quotation # O8RAS-027-01Yaney power Systes289 Lee Industrial Blvd.Austell, GA 3016840Project: North Oconee WWTP770.941.2424 tel Date Issued: 5-14-08770.941.2411 fax877.278.6235 tell free Expiration: 12-3-08 (P.O. for Release)www.Yar 6yPower cm Page # 7 of 14Generator Control includes:* Automatic. Cohtrol Module (1 per generator breaker)* Generator Metering that Will graphically display: 34 Voltage, 34 Current, Frequency, Power Factor,kW, kVAR and a Synchroscope* Generatoi Metering that will graphically display: Engine RPM, Engine Battery Voltage Meter, EngineOil Pressure Gauge, Engine Coolant Temperatule Gauge, Engine Running Meter, Engine StartCounter; Percent Engine Load, Local Control Switch Position* Advanced (ADEM Caterpillar Diesel Engine data (available over communications link):" Atmospheric Pressure, Boost Pressure, System Battery Voltageo Left Turbo Inlet Pressure, Right Turbo Inlet Pressure, Total Engine Hours.o Filtered Engine Oil Pressure, Engine Coolant Level status. Over-speed Switch statuso Remote Emergency Stop Actuated status, Oil Filter Pressure Differentialo Fuel Filter Pressure Differential, Engine Coolant temperature, Right Exhaust temperatureo Left Exhaust temperature, Crankcase Air pressure, Filtered Fuel pressureo Right and Left Air Filter Differential pressure, Fuel Consumption rate* Protective Relaying including:Device 27/59 - Under/Over VoltageDevice 810/U - Under/Over FrequencyDevice 40 - Loss of ExcitationDevice 32- Reverse PowerDevice 25 - Synchronizing CheckDevice 15 - Auto SynchronizerDevice 65 - Governor Load Sharing, Soft Loading ControlDevice 90 - VAR/PF and Cross Current Compensation Controller* Multilin SR489 Multifunction Utility grade protective as noted above, with 86 Lockout Relay andCircuit Breaker Control Switch with red and green indicator lights.* Standard Engine-Generator local Annunciation is also included.* NFPA 140 AnnunciationBus Tie Control includes:* Automatic Control Module (1 per tie breaker), Tie Metering that will graphically display 3 Voltage, 34 Current, Frequency, Power Factor, KW andKVAR.* Protective Relaying including:Device 25 - Synch Check* Multilin SR750 Multifunction Utility grade protective as noted above, with 86 Lockout Relay andCircuit Breaker Control Switch with red and green indicator tights.* Standard Tie Annunciation is also included.Distribution Control includes:* Automatic Control Module(s) (provides control for Electrically Operated distribution breakers, ifincluded, above)* Distribution Breaker Status (Open, Closed)* Multilin MIF II Multifunction Utility grade protective as noted above, with 86 Lockout Relay and CircuitBreaker Control Switch with red and green Indicator lights.HMI SCREEN LISTING:HMI Screen Listing (XLM)* The EPS Automation shall provide the following screens. The screens shall provide all of theinformation, metering, control, annunciations settings and indications listed below:o Main Menu Screen with a complete listing of major screens.o System Overview Screen with a dynamic graphic display of the electrical one ine.o System Control Screen

HiQuotation # 08RAS-027-01Yancey Power Systems . ... ... . .. .269 Lee ]ndutr l BlvdAustell, GA 3016&7406Project: North Oconee WWTP770.941.2424 tel770.941.2411 tax Date Issued: 5-14-08.877.278,6235 toll free: Expiration: 12-3-08 (P.O. for Release)wwwYanceyPower.com ... . Page of.14 .o System Metering Screen with graphical presentation of all functions.6 System Settings Screen.o Generator Control Screen for each generatoro Generator Metering Screen for each generator with graphical presentation of. all functionsspecified.o Generator Settings Screen.. I0 Generator Demand Priority Control and Status Screen ..... . .o Generator Load Shed Control Screen.o Engine Monitoring (Engine Meter/Gauge) Screen for each generator that shall contain agraphical representation of all of the engine gauges and data specifiedI* Generator Engine Air I Cool Screen.* Generator Engine Oil / Fuel Screen.* Utility Control Screen for each Utility Main.* Utility Metering Screen that shall contain graphical representations of all the electrical meteringfunctions specified.* Utility Setting Screen that shall contain all of the adjustments specified.* Annunciator Menu Screeno System Annunciation Screen that shall contain all of the Status, Lamp Test and Alarm pointsspecified.o Generator Annunciator Screen for each generator that shall contain: Status, Lamp Test, Pre-Alarms and Shutdown faults specified,o Utility Annunciation Screen that shall contain all of the Status, Lamp Test and Alarm pointsspecified.* Report Menu Screeno Generator Settings Report Screeno Utility Settings Report Screen*o Plant Test Settings Report ScreenPassword Entry screen that shall contain a numeric keypad for password entry.* Alarm Summary Screen that shall contain a time/date stamped System Alarm Summary." Trending Screenso System Trend ScreenooGenerator Trending ScreenEngine Historical Trending Screen* Tie Control Screen for each Controlled Tie breaker* Tie Metering ScreenHIGH RELIABILITY FEATURES:* 24 Vdc Best Source DC System* "instant Auto" Selector SwitchADDITIONAL ITEMS:I - Standard Eaton Electrical Breaker Accessory kit1 - 24 Vdc Sealed Battery, Rack & Charger (shipped loose for contractor to install, assemble, and connect atjobsite)I - 125 Vdc Battery System, Rack & Charger (shipped loose for contractor to install, assemble, and connect atjobsite)- Battery cells are: Flooded NiCad- Charger: Solid State SCR controlled, Regulated and filtered DC output, LCD Display2 - NGR (Neutral Grounding Resistor) Nema 3R, 15kV System, 10 sec., 100/200A, 8.3kVw/ CT - Donut style (600V), Bar type (Line Voltage rated)2 - Operations &Maintenance Manual provided after site startup is complete (additional copies and/or CD can beprovided at additional cost)6- Submittal binders & 2 CD copy of submittal package (additional copies can provided at additional cost)

Quotation #- OSRAS-027-01' Yancey259 LeePowerIndustrialSystemsBlvd.AustiL, GA 30168.7468Project: North Oconee VVWTP770.941.2424 tbl770.41.2411 fax Date Issued: 5-14-08877.278.6235 tol fre Expiration: 12-3-08 (P.O, for Release)www.YanceyPower.com Page# 9 of 14lot - Intelligehnt Switchgear Org. Standard Manufacturer's One Year Warranty (18 months after shipment or 12months after startup, whichever occurs first.)lot - Intelligent Switchgear Org. Gold Manufacturer's One Year Extended Warranty.Preventative Maintenance must be performed per Manufacturer's requirements to keep ExtendedWarranty:in force (beginning at the start of year three).1 - Data Table Gateway PLCo Communications Protocol* Modbus TCP/IPLot- Short circuit and coordination Study and arc flash study.CUSTOM SEQUENCE of OPERATIONS - Closed TransitionSequence of operations shall be per specification 263213.13 section 2.06.SPARE PARTS KIT* Five (5) sets of engine fuel filter elements per genset.* Five (5) sets of engine Racor fuel filter elements per genset.* Five (5) sets of engine lube oil filter elements per genset.* Ten (10) air cleaner filter elements per genset.* Two (2) water pumps per genset.* Two (2) sets of cooling fan belts per genset.* One (1) fuel injector per genset.* One (1) Control panel per genset.* Six (6) fuses and lamps per genset.* One (1) SR489 relay per genset.* One (1) genset PLC.* One (1) SR750 relay.* One (1) Master PLC.* One (1) spare parts storage box per genset.* Hydrometer* Two pronged voltmeterCOORDINATED SERVICES* Project Management Services to provide management of project for equipment and services within this bill ofmaterials.* Factory testing of gensets at full load 0.8 PF.* Start up/Commissioning and testing procedures+ Operations, daily Inspection and maintenance training for customer for one (1) day.* Detailed installation drawings* F.O.B. factory, freight to job site allowed, offloading by contractor* Eight (8) Sets Operation and maintenance manuals - hardcopy and digital scanned copy* Two (2) year warranty on generator and switchgear* Preventive Maintenance for two (2) years on the two (2) gensets and swltchgear system Including three (3)quarterly inspections per year and one (1) annual inspection per year and one (1) four hour, full load test on eachseparate genset at the end of the two (2) year period. Fuel for test Is by others.PRICE:Shop Drawing Preparation -..-.. $ 336,580Manufacturing of Goods -------. $ 2,860,930Special Services -$-.-.. $ 168,290TOTAL Lump Sum ---------------. $ 3,365,800

- '- Quotation # O8RAS-027-01Yeftey Power Systems259 Lee Industial 8lvd.Austell, GA 301687406Project: North Oconee WWTP770.941.2424 tel770.941,2411 fax Date Issued: 5-14-08877,278.6235 tall free Expiration: 12-3-08 (P.O. for Release)wwwYanceyPwer.com Page # 10 of 14Storaae Fees:Storage for Two (2) Gensets --.-.-..- $ 6,500 per month *Storage for Switchgear System --- $ 4,500 per month ** All Storage costs are based on the Buyer Inspecting all equipment upon placed instorage within one (1) week from arrival at storage facility and accepting receipt ofequipment and accepting invoice for equipment.Five (5) Year Extended WarrantyExtended warranty Two (2) Gensets and Switchgear System -----. $ 54,750 *Ten (10) Year Extended WarrantyExtended warranty Two (2) Gensets and Switchgear System ---- $ 154,100*One (1) Year Preventive Maintenance for Two (2) Gensets and Switchaear SystemExtended warranty Two (2) Gensets and Switchgear System ..-.. $ 29,500 ** All Switchgear Extended Warranty Programs Require Preventive Maintenance to BePerformed by Yancey Power Systems or Cat Switchgear Organizations.-A,

Quotation # 08RAS-027-01Yancey Povwer Systges259 Lee Industrial Blvd.Austell, GA 30168748Project: North Oconee WWTP770.941.2424 tel770.941.2411 fax bate.I.s.ed. 5-14-08877,27&86235 toll freeExpiration: 12-3-08 (P.O.. for Release)www.YsnceyPowe.com Pag # 11 of 14All Materials, equipment and services proposed comply with all the Drawings andSpecifications included in or with the Request for Proposal, except as follows:1. Spec secton 263213 .13-3, i..03.G "Transient response for a step load meets the loading requirementsspecifled. Transient:response for a single block load load application will be 35% votage dip with recovery inless than 6 seconds.2; Spec section 263213.13-12, 2,05.5,6 & 7 - Alternatot frame size is a2770 with a temperature rise of 105degrees C at 40 degree C ambient. Alternator is limited to a 60% non-linear load at the Prime rating of200OkW and 65% non-linear load at the standby rating of 2250kW. Transient response for a block loadapplication will be 35% voltage dip with recovery in less than 6 seconds.3. Spec section 263213,13-15, 2.06B. - Control panel selector is a pushbutton not a toggle switch.4. Spec section 263213.13-25, 2,07.B2.o - Synchronizer is a Caterpillar synchronizer not a Woodward.5. Spec section 263213.13-32, 2,13.H - Enclosure stairs are to be manufactured by the approved Packagingvendor, not Thompson.6. Spec section 263213.13-34, 2.15 & 2.16- Some of the spare parts listed are not applicable. Spare parts kitwill be limited to that identified in the proposal.7. Spec section 263213.13-36, 3.03.C - Factory testing of the gensets will be separate from the switchgear.8. The 125VDC batteries and battery charger supplied for the PowerLynx ® system breaker controls will beshipped loose for the contractor to install at the jobsite. One 50A 208VAC 3 phase dedicated emergencycircuit (per charger) will be required to be furnished by others to the charger.9. We are supplying one breaker test cabinet per section 2.1610. All meters and switches, except test switches, not shown In drawing 32-E-4 will be shown on thetouchscreens mentioned above.11. Generator sets are not IBC rated. Therefore, we take exception to any reference as related to gensets.

Yaicey Power SystemsQuotation # 08RAS-027-01Austell, GA 30168-Z6Project: North Oconee WVTP770.941,2424 tel770.941.2411 tax Date ssued: 5-14-08877.278.6235 tell free Expiration: 12-3-08 (P.O. for Release).wwwYdnceyPower.com Page# 12 of 14Agreement between Buyer and Seller For Procurement ContractsSeller's Terms and Conditions1 This proposal is based on the specific overcurrent protective device frame sizes shown on the contractdrawings unless specifically listed otherwise In our Bill of Material. Where only circuit breaker trip sizes and/orfuse sizes are shown on the contract drawings, the quotation is based on the minimum frame size breaker orfusible switch which can accommodate those trip sizes/fuse sizes unless specifically listed otherwise in ourBill 6f Material. Protective devices will have short circuit interrupting ratings as indicated in the contractdocuments unless specifically listed otherwise in our Bill of Material.Where Selective Coordination requirements are specified in the contract documents or are required by thelegally adopted version of the National Electrical Code or other codes, a short circuit study indicating the faultcurrent at each bus and a selective coordination study is required. If the short circuit/coordination study Isperformed (via EATON Corporation, the scope of work and price will be included in the proposal. The studywill determine if there are any situations or devices which do not comply with selective coordinationrequirements of the legally adopted version of the National Electric Code. It is the project design engineersresponsibility to propose changes needed for upgrading of protective device type or frame size to meetSelective Coordination requirements. If desired, at an appropriate price addition, assistance may be providedto the design engineer in developing the most economically feasible changes to the design and/or equipmentto meet code requirements. These upgraded changes in type or frame size will only be supplied at anappropriate price Increase.Notes:1) This proposal does not assume responsibility for any costs associated with required additional physicalspace, additional equipment, or extra Installation requirements because of the increased size or requiredextra equipment."2) The requirement for mandated selective coordination per 2005 NEC may substantially increase the arcflashenergy available at the various pieces of electrical equipment. An Arc-Flash study to determine theprocedures and Personal Protective Equipment required is strongly recommended for personnel safety.This Arc-Flash study can be provided (via Eaton Corporation) at additional cost.2. For the purpose of performing a short circuit/coordination study, all pertinent Information is existing in the3/5/08 contract documents. This information Includes, but may not be limited to, all engineering and technicalinformation related to all motors, pumps, electrical components, cable types, cable lengths, transformers andany item which is to be Included In the short circuit/coordination study or any item which will impact theoutcome of the short circuit/coordination study that Yancey Power Systems is to provide.3. Commissioning of Switchgear Power Assembly is the responsibility of the installing contractor, this Includesbut is not limited to tightening Shipping Splits to proper Torque level, Megging the Main Bus In LVA Gear, HiPotting the Main Bus in MVA Gear per the manufacturer's recommended instructions. The Installingcontractor is required to insure the equipment Is ready to be energized.4. Yancey Power Systems will provide in our submittals a 4 Genset Pre-Startup Inspection Checklist" and a"Switchgear Pre-Start-up Inspection Checklist". Prior to commencing genset start-up, the Purchaser isrequired to complete all items on this checklist and an authorized agent must sign and send these completeddocuments "Return Receipt" to Yancey Power Systems, attention the assigned Project Manager. Once thesedocuments are received by the Yancey Project Manager and all items on the checklists have been verified tobe completed, Yancey Power Systems will schedule technicians to begin start-up within 2-3 weeks of receiptof these documents. Yancey Power Systems can not schedule start-up or commissioning until all items onthese checklists are completed. Any delays in completing all items on the checklists will result In delays in thestart-up and commissioning schedule.5. This proposal does not include the following: Fuel for initial fuel fill, fuel for start-up, operation, testing or topoff of any fuel tanks. This proposal does not include offloading of equipment, installation, power conductors orterminations of equipment6. This equipment will be provided by others: a building service, step down transformer, power distributionpanels as needed for ancillary power needs of the swtchgear, generator accessories, lighting, HVAC, etc. We

NPMwerSystms.259 I.eeilndustrW Bilvd.Quotation # OBRAS-027-01Project: North Oconee WWTPAustell, CA a30168,4H770.941,2424 tel770.941.247f fax Date Issued: 5-14-08877.278.6236 toll free Expiration: 12-3-08 (P.O. for Release)www.YanvyPower. eom Page # 13 of 14have not included the above-mentioned equipmert-in our offer. A 120/208V source is required to providepower to the battery chargers & heaters.7. The warranty period starts from completion of start-up, satisfactory demonstration of all contracted sequencesof operation per the contract specs and drawings dated 3/5/08 and receipt of "Beneficial Use" by the owner.8. Company's prices do not include any applicable' sale, use, excise or similar taxes; and the amount of anysuch tax which Company may be required to pay or collect will be added to each invoice unless Buyer hasfurnished Company with a valid tax exemption certificate acceptable to the taxing authorities. Where a buyerfails to furnish the required documentation, the previously unpaid sales, use, excise, or similar tax will bebilled to the Buyer, If upon subsequent sales, use, excise or similar tax audit, an exemption certificateprovided to Company by Buyer is, through no fault of Company, determined to be invalid, Company willattempt to acquire a valid exemption certificate, notarized affidavit of exempt use, or other necessarydocumentation from Buyer. If Buyer fails timely to furnish a valid exemption certificate, notarized affidavit, orother necessary documentation, the previously unpaid sales, use, excise or similar tax will be billed to Buyer.9. Amounts past due are subject to a service charge of 1.5% per month (or fraction thereof), or maximumcontract rate as permitted by law, and any payments will be applied first to service charges due.10. All material shall be carefully packed for shipment and Company will not be responsible for loss, delay orbreakage after having received "in good order" receipts from the carder. All claims for breakage, loss, delayand damage should be made to the carrier. Shipping weights and dimensions given. In Company's materialsare as close to actual as predictable, but are not guaranteed. No claims will be allowed because of anydiscrepancy between actual weight or dimensions shipped and listed data.11. Buyer hereby agrees to time stamp all submittals and documents provided to the Buyer by Yancey PowerSystems. Buyer also agrees to provide the Engineer copies of these submittals and documents within one (1)week from the time that Yancey Power Systems has provided the documents to the Buyer. Buyer alsoagrees to provide Yancey Power Systems with returned documents within one (1) week from the date theEngineer has returned documents to the Buyer. Any delays in providing these documents to Yancey PowerSystems or the Engineer within this timeframe may result in delays of manufacturing of equipment.12. Buyer agrees to pay for the equipment according to the Company's payment terms and does hereby grant theCompany a purchase money security interest in the equipment until such time as it is fully paid. Buyer herebyappoints Company as its Attorney-in-Fact and authorizes Company, at Buyers expense, to take such actionas may be necessary to perfect and protect Company's security Interest, including the filing and/or recordingof Uniform Commercial Code Financial Statements, and grants Company the right to execute Buyers namethereto. In the event of a default by Buyer, Company shall be entitled to any of the rights and remediesprovided by law. Buyer hereby authorizes Company, at Buyer's expense, to file or record any statement,memorandum or other instrument showing the interest of Company in the equipment, including UniformCommercial Code Financing Statement, and grant the Company the right to execute Buyer's name thereto.Buyer agrees to pay or reimburse Company for any searches, filings, recording or stamp fees or taxes arisingfrom the filing or recording of any such instrument or statement. Buyer shall at it's expense protect anddefendant Company's title against all persons claiming against or through Buyer, at all times keeping theequipment free from any legal process or encumbrance whatsoever, including, but not limited to liens,attachments, levies and executions, and shall give Company immediate written notice thereof and shallindemnify Company from any loss caused thereby,13. Upon default and placing of this instrument with an attorney for collection or repossession of the equipment,Buyer agrees to.reimburse Company for It's reasonable attorney's fees and court costs incurred In connectiontherewith.14. Final Copy of Operations and Maintenance manuals for switchgear will be provided within four (4) weeks fromcompletion of start-up and commissioning.15. Payment terms are Net 30 days for invoice amount with 5% retainage until completion of start-up andcommissioning. Upon completion of start-up and commissioning and receipt by the Owner of "Beneficial Use'of equipment than Buyer hereby agrees to pay Seller the 5% retainage. If final copy of Operation andMaintenance Manuals have not been provided and "punchlisC items are not complete, Buyer may withhold2% of the contracted amount until the O&M manuals and punchlist item are completed. Buyer agrees that if2% payment is withheld, than Buyer must provide Seller with a complete list of all punchlist items. "PunchlistItems are considered to be non-critical items that do not effect operation of the equipment or impedebeneficial use of equipment.

Quotation # 08RAS-027-01Yaey Powe Systems25 Lee Industrial Blvd.Austell, GA 30168-7406Project: North Oconee WWTP770,941.2424 tel770,941.2411 fax Date Issued: 5-14-08877.278.6235 ton free Expiration: 12-3-08 (P.O. for Release)www.YanceyPower.com Page # 14 of 14If Buyer elects to place equipment in storage than Buyer agrees to pay Seller for storage costs in the amountidentified in this proposal. Seller will place equipment in a secure and insured facility of Seller's choosing.Buyer subsequently agrees to inspect equipment within one (1) week from arrival of equipment in storage andwill provide Seller with a letter stating that the equipment has been Inspected and that Buyer accepts title toequipment and will accept an invoice and make payment for equipment within the stated payment terms ofthis proposal.16. All signs or nameplates other than what is provided by the factory shall be provided by the Buyer.17. Seller will provide advance notice of shipment of equipment per the contract. Buyer agrees not to delayshipment or receipt of equipment. If Buyer decides to have equipment stored off site, than Buyer agrees toinspect equipment, take title to equipment and pay for equipment.18. Buyer agrees that all materials provided for this contract are considered "custom designed for the specific useof this project. This order may be canceled by the Buyer but only with the written approval of Seller, If thecontract is cancelled by the Buyer than the Buyer agrees to the following cancellation schedule:a. 15% of contracted amount for orders cancelled within one (1) week from receipt of Purchase Order orexecuted contract.b. 30% of contracted amount for orders cancelled within one (1) week from the date of initial set ofengineering submittals have been provided to the customer.c. 60% of contracted amount for orders cancelled within one (1) week from the date of Release forManufacture.d. 100% of contracted amount for orders cancelled after one (1) week from the date of Release forManufacture.C:CH2M Hill -iorth Oconee WWTP - 2x2250kW - 08RAS-027 - 5-14-08

Dubin, GregFrom:Sent:To:Cc:Subject:Romey Schwieterman [RomeySchwieterman@YanceyBros.com]Wednesday, May 14, 2008 4:17 PMHanson, Rick; Dubin, GregGreg.Yarberry@CH2M.comN. Oconee WWTPPer our discussion, the escalation for the Contractor not providing Yancey Power Systems witha firm, executed purchase order within 45 days of the NTP (September 2, 2008), per contractsection 00520-4, ARTICLE 6.04, is 1% per month.Sincerely,Romey Schwieterman, M.E.Senior Sales EngineerYancey Power SystemsOffice: (770) 419-0677Cell: (770) 778-9018efax (770) 573-3749

C. Seller is familiar with and is satisfied as to all local federal, state and local Laws and Regulations that may affect cost,progress and the furnishing of the Goods and Special Services.D. Seller has carefully studied and correlated the information known to Seller, and information and observations obtainedfrom Seller's visits, if any, to the Point of Destination, with the Contract Documents.E. Seller has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Seller has discovered inthe Contract Documents, and the written resolution thereof by Engineer is acceptable to Seller.F. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions forfurnishing Goods and Special Services.ARTICLE 10 - CONTRACT DOCUMENTS10.01 ContentsA. The Contract Documents consist of the following:1. This Agreement;2. General Conditions;3. Specifications bearing the title of Athens North Oconee Water Reclamation Facility (not attached, seeAttachment A for list of applicable sections);5. Drawings bearing the title of Athens North Oconee Water Reclamation Facility (not attached, see Attachment A forlist of applicable sheets);6. Addenda (Number 1, inclusive)7. Exhibits to this Agreement (enumerated as follows):a. Seller's Proposal, consisting of the fbllowing:* Cost Proposal (12 pages)* Supplementary Conditions (3 pages)8. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attachedhereto:a. Written Amendment(s);b. Change Order(s);c. Field Order(s);d. Engineer's Written Interpretation(s).B. The documents listed in paragraph 10.01 .A are attached to this Agreement (except as expressly noted otherwise above).C. There are no Contract Documents other than those listed above in this Article 10.FJCDC P-520 Form of Agreement Between Buyer and Seller for Procurenent ContractsCopyright 02000, National Society of Professional Engineers. All rights reserved.00520-502001-158 Odor Control (Blotower) System

SUPPLEMENTARY CONDITIONS (Rev. 1)These Supplementary Conditions amend or supplement the Standard General Conditions for Procurement Contracts No. P-700, (2000 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not soamended or supplemented remain In full force and effect,The terms used in these Supplementary Conditions will have the meanings indicated In the General Conditions. Additionalterms used In these Supplementary Conditions have the meanings Indicated below, which are applicable to both the singularand plural thereof.AGREEMENT BETWEEN BUYER AND SELLER FOR PROCUREMENT CoNTRACTS (P-520, 2000 EDITION):Article 5.01 A: Revised to read OAll time limits for delivery of Goods and furnishing of special services as stated in thisAgreement are of the essence, therefore the parties are agreed that the sole and exclusive remedy for late delivery of Goodsand furnishing of special services shall be the liquidated damages as set forth in section 5.05 of this Agreement."Article 5.04 A: In the first line, replace "7 days" with 421 days'. Add to the end of the sentence " , provided that all items onthe Purchaser Installation Check-List are substantially complete prior to Seller arriving on site to commence performance ofthe Services."Article 5.05 A: The last sentence Is deleted and replaced with "Seller's obligation to pay liquidated damages pursuant toArticle 5.05 shall be limited to 25% of the Contract Price, it being understood that this limitation is a subset of, and notadditive to, the limitation of liability provision set forth In Article 15 of the Supplementary Conditions.Article 7.02 A.3: This sentence Is deleted. Revised payment terms are reflected below.Article 7.02 A.1: In the second line, delete "and cost of manufacturing Goodse. A new article 7.02 A.2 shall read the sameas 7.02 A. 1, except that in the first line, the words "first Application for Payment" are replaced with "second and subsequentApplications for Payment" and in the second line, replace "Shop Drawing preparationo with "manufacturing of Goods.Article 7.02 A.2: The current section regarding payment for Special Services is renumbered to 7.02 A 3. In the first line,change "10.01 A.2" to "10.01. AZ'.Article 7.03 A: Add to the end of the sentence ", but to be paid no later than 180 days after final equipment shipment."Article 10.01 A: Reference to "Supplementary Conditions" is added to 7.a.EJCDC STANDARD GENERAL CONDITIONS (P-700. 2000 EDdTION):SC-3.01 B: Remove the phrase "or from prevailing custom or trade usage" from the third line of this Article.SC-4.02 D.2: Beginning in the third line, delete "and eliminate the exclusion with respect to property under the care, custodyand control of Seller." (Seller has coverage under the Siemens orooer policy for any customer's equipment on ourpremises.)SC-5.08 B: Replace the phrase "of merchantable quality" at the end of the first sentence with "free from defects in materialand workmanship".SC-5.08 C.1: Insert the following after the second "improper in the first line: "installation,"SC-5.08.E: Insert after the word "time" in the first line the phrase ", and in any event on or prior to thirty (30) days afterexpiration of the Correction Period established pursuant to Paragraph 8.03 of the General Conditions,'.SC 5.08 F: Insert a new sub-paragraph F as follows:OF. THE WARRANTIES SET FORTH IN PARAGRAPHS 5.08 A. AND B., PARAGRAPH 5.02 B. AND SECTIONS 8.02 AND8.03 OF THE GENERAL CONDITIONS AS AMENDED BY THESE SUPPLEMENTARY CONDITIONS, ARE SELLER'SSOLE AND EXCLUSIVE WARRANTIES. SELLER MAKES NO OTHER WARRANTIES OF ANY KIND WHATSOEVER,EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESSFOR A PARTICULAR PURPOSE OR WARRANTIES ARISING BY CUSTOM OR TRADE USAGE."

SC 5.09 A: Remove the phrase "or the breach of any obligation under this Contract" from the eleventh to twelfth lines. Addthe phrase "is suffered by a third party and" to the beginning of sub-paragraph 1. Add the phrase "shall be subject toindemnification hereunder only to the extent it" to the beginning of sub-paragraph 2 and remove the phrase "in whole or inpart" from the first line of such sub-paragraph. Remove the balance of sub-paragraph 2 after the word "liable" in the fifth line.SC 5.09 D: Add a new sub-paragraph D to Paragraph 5.09 of the General Conditions as follows:'D. Any claim for Indemnification pursuant to this Article 5.09 or Article 12 of the General Conditions, or otherwisepursuant to the Contract Documents, is conditioned upon the claimant's (i) notifying Seller in writing of the claim prior toexpiration of the Correction Period under Article 8.03, and (ii) providing data or access to information in the defense ofany claim. Seller shall have the sole authority to direct the defense of, or to settle or otherwise compromise, anyindemnified claim."SC-7.03 B: Insert the word "reasonable" before the word "control" in the third line.SC 8.01 A. 6: Insert a period after the word "thereof" In the fifth line and delete the remaining language of the Section.SC-8.01 C.1: Replace the word "intended" with the word "specified" at the beginning of the fourth line.SC 8.02 A: Replace all language after the word "nonconforming" in the sixth line with the following: ", Buyer shall providenotice of such non-conformity to Seller pursuant to Paragraph 5.08 E., and Seller shall, at its expense, and as Buyer's soleand exclusive remedy (except as noted in 8.02 E), upon mutual agreement with Buyer, repair or replace the Goods such thatthey are no longer non-conforming or remove the non-conforming Goods and reimburse to Buyer the contract priceassociated with such removed non-conforming Goods".SC 8.02 B: Remove this Section in its entirety.SC 8.02 C. 1: Replace all language prior to the first comma in the first sentence with the following: "if Buyer notifies Seller inwriting that any Goods are non-conforming". In the third line after the word "modifications" add the following: , suchmodifications shall include the repair and/or replacement of non-conforming Goods as well as any Special Services and/orengineering redesign to be performed or re-performed by Seller as a result of such repair and/or replacement of nonconformingGoods,"SC 8.02 D. 1: Replace all language prior to the first comma with the following: "At Buyers option, in lieu of pursuing awarranty claim with respect to Goods". In the second sentence, replace all language preceding the word "attributable" withthe following: "Seller shall reimburse to Buyer all of Buyer's costs and expenses reasonably".SC 8.02 E: At the beginning of the first sentence, insert the phrase "Subject to the provisions of Article 15 of theSupplementary Conditions,". In the 7 line, delete "including" and replace with "as directly attributable to".SC 8.03 A: After the words "whichever Is sooner." in the sixth line, delete the balance of the paragraph.SC-10.01 A.1: In regards to the paragraph immediately after 10.01 A, the-stIIke-through is removed from this article, aspayment for submittal approval shall be part of the payment terms. The next paragraph shall be designated as "2.", and thelast paragraph Is "3.SC-10.01 A.2: In the first line, replace "The first Application" with "The second Application".SC 11.04 B.1 a: Insert the following at the end of the paragraph: ", provided that a delivery delay will not be deemed amaterial breach while Uquidated Damages, as set forth in Article 5.5 of the Agreement, are still accruing and have notreached the maximum amount of liquidated damages."SC 11.04 B.1 c: Insert the following before the period at the end of this sub-paragraph: ", and the failure by Seller to addresssuch non-conformity pursuant to Paragraph 8.02 hereof."SC 14.04 A: Replace the word "The" at the beginning of this Paragraph with the following: "Except as expressly providedotherwise in the Contract Documents, including, without limitation, in Section 5.05 of the Agreement (liquidated damages assole and exclusive remedy for specified delays), Article 15 of the Supplementary Conditions (establishing a limitation ofliability and excluding consequential, special, punitive and other indirect damages), and in Paragraphs 5.08,8.02 and 8,03 ofthese General Conditions (disclaiming express and implied warranties, specifying Buyer's sole and exclusive remedy forbreach of warranty, and establishing the warranty period), the'.

SC 15: Add the followtng paragraph:15. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE CONTRACT DOCUMENTS, SELLER SHALL NOTBE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, ANDSELLER'S TOTAL LIABILfTY ARISING AT ANYTIME UNDERANY OF THE CONTRACT DOCUMENTS OR OTHERWISEIN CONNECTION WITH SUPPLYING THE GOODS OR FURNISHING THE SPECIAL SERVICES (WHETHER ARISINGUNDER BREACH OF CONTRACT, TORT, STRICT LIABILITY, ORANY OTHER THEORY OF LAW) SHALL NOT EXCEEDAN AMOUNT EQUAL TO ONE TIMES THE CONTRACT PRICE; PROVIDED, HOWEVER, THAT THE FOREGOINGLIMITATION SHALL NOT APPLY TO LIMIT LIABILITIES WITH RESPECT TO THIRD PARTY CLAIMS FOR PERSONALINJURY AND/OR TANGJBLE PROPERTY DAMAGE.

0) 0 L-0)00 0) 1o E6~ C '. SU CD0~~ / ~ taoL 00.I%C N 0 Ui )a f4- oo co 0000coOCl& 53 LL~ 3: CD Ea.2C N 1 N N 9NCOm COOCOzz 2 z Z 2 Zca C N4 CO 0 C ()CD Or- Cc 0) 00 Ot-5:0 0 tt I t t- N- CDOaCD ONC)0) C 00qO m~4(V CO ) CNN A t C D 0o IN acc E F2f?mc) Q---- rC) lC> Nl N- N- toC CN 0000cco-~1 .a EGO0 rw 0) InCD (2~1 cio1..c9xmcaM C 0odo3 C oD r -(o ( )m c .- m C< 0 D m C ' -5C0 i )c 0 Cz.m5 < E 'z D x~g 0 =~N~n c cCc0 i 0 .M a6,i(ZW- ( 10 _C = O(D o 0 -2

0 0 0C3) cm C C Ccm 0ES 20 ESw'-a m 0 CU 02 0 co cm CU 0 cmQ 0. 0 0_E cc. .= .v0 0.co a) co !t, co L- 02= CO(c .C4-' co 04Q2 cc000a 0 m.ccDw wD cc a 0 C04o 04 - -w00 o o h 0O~ mw 0n 0 4 0S NNDC N N4 N-4 OD 00 c* w mmIt m 0 t o It -e ClttO C-4 't Itco wL LO rO00) 0m*t IcNIn,_ ItCD 00) 00 C O O c6 CD 0t 0 a ) ~ 1-r [.- pNLI 00 .N CyO 'ti 8,a.. ew408*.' tO m)0 00 wU m- r0- C40N0t 0) ) h N-N00 0/) r-- i-n-- mo w ~ (D 0> 0)0Ctf 0 0 0 aa 6)* 0 r 0C'C0Cu © E(C0, CovEE 0) z(cD cD 00U t:1) C 000M=w CU (0_ s= cl)c*40N CN Qg E c o)La-~~, LO~~. 4 *~ C Lm) u- 040 i- 1CL 0,~ 0cpc'JMD = , -O2rj - LO01 C3~ >, Lo lo LL < C 2 0 ~ 0c Ea cc0) - M O0u0u'dZ) rao 6 CC- 05 2 CL or-Coo-C r0£0 o0 cf CO E.F -0c

0)co 0a. (L 10IL a-Eo -~CLn 0-oN' 10 00VN 8 ~ N'1: C) CD-wo fl LC(a 04-_QC6, .. CD (a (0o ofln 00Dz z z z 2l o C t N(O Q0C) 'fl toa- in-* 00 CCV 0-4- C14 '*o LA aO~ m LO mQcme') ccTV wL L m oL mCCl)coco A a)ce C 0LO to LO LO LA0 -. - - - I~ I. I - -Q c 00 OD CO 44 00 00 00 00 0bo co S- 00 t-00wI,= q0COc >1 m 0 0S U (DQ- 'a 0 c30 tI iii a.~Cm w E(L0000SDaa c2 di>-E d>' d>1 m CO gCc; CC - -0 y4 D(m 3r. 0) M mC C - ,2r eINL r ca Cl t M CL co C :Ocw0~ CDO C 0O (NO 0a C.O 0 LoCO0~~ (C)Q 2m r 0 co .0 >g1 c 0 C 0o C 0- - < - - 0 C-o ~-da >

U) SL ct )0 nm 0UCV 0 LC,9 . Q o1 f, r- RrIrEE It SS ~ CO8tD CIS CO fcM 0)r-r- zodp0 co 0 ,0 )iLo-KC7i 0 0 WCt0 0 0

Section 00 45 13Corporate Certificate,certify* that I am the Secretary of the Corporation named as Bidder in the foregoing Bid;* that , who signed said Bid on behalf of the Contractorwas thenof said Corporation;* that said Bid was duly signed for and on behalf of said Corporation by authority of itsBoard of Directors, and is within the scope of its corporate powers;that the person signing the Bid (check one of the following)is listed as an officer on our corporate filing with the State of Georgia Secretaryof State, as evidenced by his/her listing under our corporation on the web sitehttp://corp.sos.state.ga.usfcorpfsoskb/csearch.aspis authorized by the corporate resolution attached indicating the signer isauthorized to bind the corporation, including documentation providing theamount and type of authorization given.that said Corporation is organized under the laws of the State ofThis _ day of ,200_CorporateSecretary:(name signed)(name pfinted or typed)(SEAL)END OF SECTION05/15/08 2001-158XA 00 45 13

QUESTIONS AND RESPONSES NO. 4NORTH OCONEE WATER RECLAMATION FACILITYBID #00280UNIFIED GOVERNMENT OF ATHENS-CLARKE COUNTY, GEORGIAFROM QUESTIONS AND RESPONSES NO. 38. Q: (AS) Please verify if the Contractor is required to pay for any overtimeinspection past a standard 40-hour work week. If we are required to payovertime inspection costs" to the Engineer and / or Construction Manager,please indicate these costs on an hourly basis.R: See subsequent addenda.9. Q: (AS) Please define what work constitutes full time inspection by the Engineerand I or Construction Manager. The definition provided will dictate how muchovertime the Contractor will place in their bid for overtime inspection costs.R: Contractor's schedule is to be based upon regular working hours defined as 8hours per day Monday through Friday excluding holidays, occurring betweenthe hours of 7:00 AM and 7:00 PM. The Engineer will be present at all timeswhen the Contractor is onsite performing Work. Work hours which exceed theregular hours as defined above will be considered overtime and can only beworked when proper notice is given by the Contractor and with the approval ofthe Engineer. The Engineer will be present onsite when Work is beingperformed.10. Q: (AS) Water Control Plan 1 10 11 1.09 D, Page 8 states the Owner will cleanout existing tanks for scheduled demo or construction activities. Under 1 10 111.07 J, Page it states the Contractor will be responsible for draining andcleaning structures for shutdown to enable Contractor's work. Please advisewho is responsible for draining, cleaning, and disposal of sludge within thetanks prior to demolition in Additive Alternate No. 1.R: See subsequent addenda.11. Q: (AS) It seems that a full time dedicated QA / QC Manager is required by thespecifications. However, this QA / QC Manager is not listed within the UniqueRequirements under the management section. Please verify if a full timededicated QA I QC Manager is required. If so, please designate the necessaryexperience required for the position.R: Specification Section 011011, paragraph 1.19 describes the minimum staffinglevel of management and supervision to be supplied by the Contractor duringthe execution of the Work required by this Contract. The Contractor isresponsible for the quality control and assurance tasks associated with theperformance of the Work. Contractor may add additional staffing as they deem05/14/08 02001-158A QR 4-1

necessary to properly execute the Work in accordance with the ContractDocuments.12. Q: (AS)b) Further, please issue all pre-selected equipment scopes and proposals sothat we can verify what miscellaneous appurtenances must be included inor bid that the pre-selected vendor does not provide.R: See Addendum No. 7 and subsequent addenda.14. Q: (AS) Note 10 on drawing G-11 calls for "all pipelines leaving facilities shallincorporate flexibility features as specified..." Specification Section 40 27 01 -Process Piping Specialties, Paragraph 3.02-C calls for flexible joints at concretestructures. Please clarify what constitutes a "flexible joint" and what is requiredat the concrete structures.R: Provide joint with at least 2 degrees of post installation flexibility. An acceptablemethod is shown in detail 4027-601.20. Q: (AS) Can any part of the existing plant be utilized as laydown for materials ofthe new plant while construction is ongoing? If so, please indicate which areasare available.R: See subsequent addenda.21. 0: (AW)Section 007328 (dated3-14-08)-1.02.c states general liability "shall protectcontractor and any subcontractor" A/W insurance will not protect us fromsubcontractors; it will however protect AIW for acts of your subcontractors.R: See subsequent addenda.22. Q: (AW) 1.02.D states OCP with same limit as general liability, GL includes limitsfor Products & Comp Operations and Personal Injury, Fire Damage, MedicalExpense; which do not apply to OCP, so it is not possible to comply.R: See subsequent addenda.23. Q: (AW) 1.02.G. Builders Risk, what is the reason for carrying $10MM of extraexpense coverage?R: See subsequent addenda.24. Q: (AW) 1.04.6 Waiver of subrogation, applies to Engineer, note the builders riskpolicy will not waiver subrogation in favor of the A/E for acts or omissions of aprofessional nature.R: See subsequent addenda.26. Q: (AW) Section 00 72 00 (dated 3-6-08) 5.05 states contractor willpurchase/maintain owners liability insurance for claims under contract. Why05/14/08 02001-158A QR 4-2

would the OCP policy not be enough coverage?R: See subsequent addenda.27. Q: (AW) 5.06.A.7 requires builders risk be maintained until final payment, thatshould be changed to substantial completion. Please Clarify.R: See subsequent addenda.31. Q: (AW) Specification Section 01 10 11 1.04E requires Owner's approval beforeany roadway or facilities are blocked off. The project requires that Bailey Streetbe permanently closed at the start of construction to begin the BiologicalTreatment Facility which would limit access to the existing plant. The existingwater and gas lines in Bailey Street would also be cut. Please confirm thatBailey Street maybe closed for construction at the start of construction andthere are no requirements for temporary access or temporary utilities.R: See subsequent addenda.41. Q: (AS) Can you please review the requirements for the reinforced concrete pipe(Specification Section 33 41 01.05). The specifications seem to be overlyspecific for storm drain pipe. Examples include not allowing a rotating packermachine, specific material and ratio quantities listed, and requiring longitudinallysaw cutting of the pipe to inspect voids. Can standard reinforced concrete pipemeeting ASTM C76 and ASTM C443 standards by allowed?R: That was the intent of the section, to be specific for storm drain pipes, as RCPis only used in the project for storm drain.42. Q: (AS) Can shot rock be utilized in mass fill areas such as the landscape berm?Will it have to be a specific size in order to allow placement within thelandscape berm?R: Shot rock may not be used to construct the landscape berm.62. Q: (SP) Athens Clarke County requires domestic only for pipe and fittings. Ibelieve the only company manufacturing fittings in this country currently isMcWane-Union/TylerClow. Please amend their specifications to include aperformance based specification for ductile fittings. The spec would requireUL, FM and ISO 9000 certifications along with being compliant with AWWA andASTM.R. Provide pipe and fittings as specified.65. Q: (AG) Items concerning the Equipment Allowances:b. Will the purchase agreement for each allowance item be distributed to thebidders? We need to know the complete scope of supply, exclusions, startup and training inclusions, payment terms and conditions, and other itemswe may have to include to supplement the allowance item.05/14/08 02001-158A OR 4-3

R: b) See response to Question 12.b above.QUESTIONS AND RESPONSES NO. 4I . Q: (TC) SECTION 31 23 13 -1 - 3 SUBGRADE PREPARATIONNo use of geosynthetics for undercut stabilization have been referenced orspecified. The use of geosynthetics for this purpose, high tensile moduluswoven geotextiles in particular, have been shown to reduce the thickness ofsuitable fill requirements for soft subgrade undercut and replacement by up tofifty percent (50%). In addition, the use of geosynthetics in this application hasbeen shown to assist in achieving the required compaction rates for select fillmaterials.R: Thanks for the information but no changes will be made to the Documents.2. Q: (TC) SECTION 31 23 16 - 1 - 4 EXCAVATIONNo use of geosynthetics for trench stabilization or drainage and filtration hasbeen specified. The use of geosynthetics for trench stabilization, high tensilemodulus woven geotextiles in particular, has been shown to minimizedifferential settlement along pipe lines and utilities, extending their useful life.Additionally, the use of nonwoven geotextiles for filtration and drainageapplications has been shown to reduce clogging and surface subsidence fromsoil piping in this application. Also, the use of geosynthetics in theseapplications has been shown to assist in achieving the required compactionrates for select fill materials.R: Thanks for the information but no changes will be made to the Documents.3. Q: (TC) SECTION 31 23 23 - 4 - 10 FILL AND BACKFILLThorough geosynthetic specifications are not given for fill placement,compaction and equipment travel on the geosynthetics. Most rubber-tiredvehicles can be driven at slow speeds, less than 16 km/h (10 mph) and instraight paths over an exposed reinforcement or stabilization geosyntheticwithout causing damage to the product. Sudden braking and sharp turningshould be avoided. Tracked construction equipment should not be operateddirectly upon a geosynthetic. A minimum fill soil thickness of 6 inches (15 cm)is required prior to operation of tracked vehicles over a reinforcement orstabilization geosynthetic. Turning of tracked vehicles should be kept to aminimum to prevent tracks from displacing the fill and damaging thegeosynthetic.R: Thanks for the information but no changes will be made to the Documents.4. Q: (TC) SECTION 31 23 60 - 1 MECHANICALLY STABILIZED EARTHENSLOPES PART 11.02.REFERENCES SUBPART A.5"Tensar Earth Technologies, Inc. "SIERRA Slope Retention System DesignGuidelines"" are a proprietary design and specification method that are used byTensar Earth Technologies, Inc. to create non-competitive productspecifications. The Referenced PART 1.02.A.4 "FHWA NHI 00-043" designmethod is not proprietary and the geosynthetic mechanical reinforcement05/14/08 02001-158A QR 4-4

properties used in it methods allow for competing geosynthetic reinforcementproduct to be used and specified. The material properties given in the followingsections of the Specification are not those used in the "FHWA NHI 00-043"design method.R: Refer to section 31 23 60, 1.04, A. Design of slope retention system isresponsibility of Contractor and its Consultant.5. Q: (TC) SECTION 31 23 60 - 4 MECHANICALLY STABILIZED EARTHENSLOPES PART 2.02 MATERIALS SUBPART A.l: The "Ultimate TensileStrength" of the primary geosynthetic reinforcement used in the design of thesestructures is not a basis for Specification. The "Allowable Tensile Strength"determined in accordance with Reference number 4 is based on the ultimatetensile strength, and reduced for environmental effects and material propertiesto reach a limit equilibrium value at the end of the structures design life (114+years). Since the specified Tensar geogrid is manufactured from HDPE, it hasa specific reduction taken for the creep of the polymer, which is higher than thesame reduction factor for polyester (PET) or polyamide reinforcement products.As an example, our polyester geogrid reinforcement products use a reductionfactor for polymer creep of 1.58 to 1.72, while the patented Tensar HDPEgeogrids typically use 2.15 to 4.0. All other factors equal, it can be seen thatthe Tensar geogrid reinforcement must have a higher "Ultimate TensileStrength" to achieve the same "Allowable Tensile Strength" than PET geogrids.We request that the design "Allowable Tensile Strength" in accordance withReference 4 is specified to eliminate this proprietary portion of the specification.R: Refer to section 31 23 60, 1.04, A. Design of slope retention system isresponsibility of Contractor and its Consultant.6. Q: (TC) SECTION 31 23 60 - 4 MECHANICALLY STABILIZED EARTHENSLOPES PART 2.02 MATERIALS SUBPART A.2The Ultimate "Junction Strength" of the primary geosynthetic reinforcementused in the Specification is not a basis for specification, but is proprietary to thepatented manufacturing process used by Tensar to create its geogrids. Whilejunction strength for a geogrid is important to survive placement andinstallation, FHWA authors have suggested that twenty five (25) lb per junctionis adequate for the geogrid to survive in the field. As an example, areinforcement geogrid with ten (10) junctions per liner foot of width, with 25 lb ofjunction strength per junction, would have lb/ft of junction strength, which isadequate for this application. ASTM International has not yet adopted astandard test method for junction strength since this is a physical property thatTensar has tied to its proprietary geogrid specifications. There is a currenteffort underway for ASTM Committee D35 to come to a consensus view andappropriate test methods and specifications for this geogrid property.R: Refer to section 31 23 60, 1.04, A. Design of slope retention system isresponsibility of Contractor and its Consultant.7. Q: (TC) SECTION 31 23 60 - 4 MECHANICALLY STABILIZED EARTHENSLOPES PART 2.02 MATERIALS SUBPART B.A: The "Ultimate Tensile05114108 02001-158A QR 4-5

Strength" of the secondary geosynthetic reinforcement, or face-wrapgeosynthetic, used in the design of these structures is not a basis forSpecification. The "Allowable Tensile Strength" as described previously or thefive percent (5%) tensile strength of the secondary reinforcement is moresuitable for specification purposes.R: Refer to section 31 23 60, 1.04, A. Design of slope retention system isresponsibility of Contractor and its Consultant.8. Q: (TC) SECTION 31 23 60 - 4 MECHANICALLY STABILIZED EARTHENSLOPES PART 2.02 MATERIALS SUBPART B.2The Ultimate "Junction Strength" of the secondary geosynthetic reinforcementused in the Specification is not a basis for specification, but again, is proprietaryto the patented manufacturing process used by Tensar to create its geogrids.Junction strength of 25 lb per junction is considered adequate for thesereinforcement geogrids.R: Refer to section 31 23 60, 1.04, A. Design of slope retention system isresponsibility of Contractor and its Consultant.9. Q: (TC) SECTION 31 23 60 - 4 MECHANICALLY STABILIZED EARTHENSLOPES PART 2.02 MATERIALS SUBPART C.1: The "Aperture Size" of theface-wrapping geosynthetic reinforcement used in the design of thesestructures is a basis for Specification of these products, but must be sized forthe in-fill being retained by the geosynthetics. A range of suitable dimensions isgiven as a single set of dimensions is considered to be proprietary to a singlemodel of geogrid manufactured by one manufacturer.R: Refer to section 31 23 60, 1.04, A. Design of slope retention system isresponsibility of Contractor and its Consultant.10. Q: (TC) SECTION 31 23 60 - 4 MECHANICALLY STABILIZED EARTHENSLOPES PART 2.02 MATERIALS SUBPART C.2The "Carbon Black Content" of the face-wrapping geosynthetic reinforcementused in the design of these structures is a basis for Specification of onlypolyolefin products as well as "oven aging" or "oxidation". Woven PET oraramid fiber geogrids should have a plastisol or PVC coating to offer protectionto the fibers from UV degradation, installation damage, and chemical andbiological degradation.R: Thanks for the information but no changes will be made to the Documents.11. Q: (TC) SECTION 31 23 60 - 5 MECHANICALLY STABILIZED EARTHENSLOPES PART 2.02 MATERIALS SUBPART H. The "Geotextile" mentioned inthis part of the Specification is AASHTO M288, Classi. An M288 Class 3nonwoven geotextile would weigh approximately 4 ounces per square yard.Please clarify this dichotomy.R: AASHTO M-288 Class 1 is required. Refer to Addendum No. 7.05/14(08 02001-158A QR 4-6

12. Q: (TC) SECTION 31 23 60 - 5 MECHANICALLY STABILIZED EARTHENSLOPES PART 2.02 MATERIALS SUBPART 1.1The "SI Geosolutions Landlok 120" is not a valid product name. SyntheticIndustries (SI) and Amoco Construction Fabrics and Fibers became one entityseveral years ago and are now called "Propex." In addition, while the "Landlok"product line still exists under the Propex name, the model "120" is no longer astandard product. Furthermore, the "Landlok" product line contains patentedproducts, whose material properties are proprietary and uncompetitive. Pleasecorrect what product(s) you wish to have considered appropriate for this part ofthe Project Specifications.R: Use "North American Green C350 or equal". Refer to Addendum No. 7.13. Q: (TC) SECTION 31 23 60 - 5 MECHANICALLY STABILIZED EARTHENSLOPES PART 2.02 MATERIALS SUBPART J.1, 3"Miradrain 5000" is neither constructed from an AASHTO M288 Class 3nonwoven geotextile, nor from a polyethylene (HDPE) net. It is constructedfrom a slightly lighter weight nonwoven geotextile and a high-impactpolystyrene (HIPS) dimple-board that is perforated to allow cross-planar waterflow. Please clarify its acceptability for this application. Pleas also recommenda suitable HDPE drainage net that is laminated to nonwoven geotextiles thatmeets the mechanical properties listed in the Specification.R: Provide material meeting items 2 and 3 of Section 31 23 60, 2.02, J.Ignore reference made to Mirafi 5000. Refer to Addendum No. 7.14. Q: (TC) SECTION 31 32 19.16-1 GEOTEXTILE PART 1.01 REFERENCESSUBPART A.1.i : A revision to ASTM D4833 was completed last year thatremoved its applicability to geotextile products, though it is still valid for"geomembranes and related products." We suggest that you replace thisreference with the current, more applicable ASTM standard: D6241, "StandardTest Method for the Static Puncture Strength of Geotextiles and Geotextile-Related Products Using a 50-mm Probel."R: Refer to Addendum No. 7.15. Q: (TC) SECTION 31 32 19.16-3 GEOTEXTILE PART 2.01 PRODUCTS; WOVENGEOTEXTILE SUBPART F, Table No. I Is The AOS value in the table,determined in accordance with ASTM D4751, a maximum or minimum rollvalue? Note that this is typically a maximum. Also, in which roll direction is the260 lb (grab) tensile strength to be a minimum value? Machine direction, crossmachine direction or both?R: Maximum roll value. Both directions.16. Q: (TC) SECTION 31 32 19.16-4 GEOTEXTILE PART 2.02 PRODUCTS;NONWOVEN GEOTEXTILE SUBPART C, Table No. 2Is The AOS value in the table, determined in accordance with ASTM D4751, amaximum or minimum roll value? Note that this is typically a maximum. Also,in which roll direction is the 260 lb (grab) tensile strength to be a minimum05/14/08 02001-158A QR 4-7

value? Machine direction, cross machine direction or both?R: Maximum roll value. Both directions.17. Q: (TC) SECTION 31 32 19.16-6 GEOTEXTILE PART 3.03; JOINTS SUBPARTb.1Please note that a "Minimum" seam strength efficiency of "75 percent" is highlyunlikely when testing is performed in accordance with ASTM D4884. It is morereasonable to expect sixty to sixty-five percent strength retention in seamsmade in a controlled environment such as a fabrication facility or laboratory.Field seam efficiencies normally range from forty to forty-five percent by ASTMD4884. Please research this matter and revise the Specification parametersaccordingly.R: Refer to Addendum No. 7.18. Q: (TC) SECTION 32 11 23- 1-5 AGGREGATE BASE COURSESThe "Aggregate Base Course" section for this Specification omits the use ofgeosynthetics that can be used to improve deformation response of theaggregate base layer, reduce material thickness requirements, improve layerdrainage, reduce undercut and stabilization requirements, increase the servicelife of the roadway, etc. It would be in the best interest of the project Owner toinvestigate the use of geosynthetics in this application to help reduce both initialand long-term roadway costs for their projects.R: Thanks for the information but no changes will be made to the Documents19. Q: (AG) On drawing 05-CS-2 and 4 there is a note calling out a 15' highlandscaped berm yet we cannot find any specifications for landscaping on thisproject, can this please be clarified? Also on drawing 05-CD-1 typical roadsection D it calls out to Bahia sod to be used on "all disturbed areas". It is notclear in the plans and specifications as to where seed is to be used or sod on"all disturbed areas", can this please be clarified? A shaded drawing showingthese differences would be quite helpful.R: See subsequent addenda.20. Q: (TDC) Is there an abbreviation for the type of pipes that are used?1. Finished Water manholes & pipes.Are the pipes ductile Iron?Are the pipes to be booted into the structure?If yes; then the manhole schedule for this size pipe for the FW structuresneeds to be 8 foot min.R: Refer to 05-CU drawings and Specification Section 40 27 00.Pipes are booted into structure.Refer to revised drawing 05-CU-25, part of Addendum No. 7.21. Q: (TDC) Raw Sewage. Are the pipes ductile Iron? Are the pipes to be bootedinto the structure?05/14/08 02001-158A OR 4-8

R: Refer to 05-CU drawings and Specification Section 40 27 00.Pipes are booted into structure.22. Q: (TDC) Chemical Manholes. Is there a detail for them?R: There is no detail. Refer to drawing 05-CU-25 for dimensions23. Q: (TDC) Electrical Manhole/Vaults. Is there a detail for these?R: Refer to details 2605-443a and 2605-443b for details on electrical manholes.24. Q: (WT) SECTION 44 42 24.03 - SECONDARY CLARIFIER MECHANISM2.03 MANUFACTURED UNITSD.2 Please revise this section to read as follows, "Drive Mechanism: Easyremoval of internal bearing balls, and strip liners (if used) without walkwaybridge removal."R: See subsequent addenda.25. Q: (WT) SECTION 44 42 24.03 - SECONDARY CLARIFIER MECHANISM2.06 FLOCCULATION WELLB.1 Please revise this sentence to read as follows, "Rigidly supported fromwalkway bridge and influent column. Flocculation wells supported from belowby the rake arms are also acceptable."For flocculation wells over 30' in diameter, WesTech believes that it isstructurally better to support the well from below using the two long rake armsand two stub arms.R: See subsequent addenda.26. Q: (WT) SECTION 44 42 24.03 - SECONDARY CLARIFIER MECHANISM2.10 RAKE ARMSE. 1: Please review the deflection requirement for the rake arms.Considering a span of half the clarifier diameter the vertical deflectionrequirement would be L/2880, this is excessive and unrealistic for a clarifiermechanism. The industry standard is that a deflection requirement between1/100 and L/400 would result in a truss that would provide adequate support fora suction header mechanism.R: See subsequent addenda.27. 0: (WT) SECTION 44 42 24.03 - SECONDARY CLARIFIER MECHANISM2.10 RAKE ARMSE.2: Please review the deflection requirement for the rake arms.Considering a span of half the clarifier diameter the horizontal deflectionrequirement would be L/5760, this is excessive and unrealistic for a clarifiermechanism. The industry standard is that a deflection requirement between1/1100 and 11400 would result in a truss that would provide adequate support fora suction header mechanism.05114/08 02001-158A QR 4-9

I am including with this document a portion of a specification from anotherCH2M Hill project that is in Eugene/Springfield Oregon. The requirements forthis project are L/360 for both vertical and horizontal deflections.R: See subsequent addenda.28. Q: (WT) SECTION 44 42 24.03 - SECONDARY CLARIFIER MECHANISM2.12 SCUM SKIMMING SYSTEMG. Please add the following to the end of this section, "Spray nozzles thatare attached to the walkway and act to direct the scum to the ports at theperimeter of the flocculation well will also be acceptable."R: See subsequent addenda.29. Q: (SA) Section 44 45 16.02 - Page 3 - We recommend replacing Items G, H andI with the following:G Design and furnish the membrane disc aeration system to transfer thefollowing lbs. of oxygen per day in tap water at 14.7 PSIA, 20oC, zero dissolvedoxygen and a diffuser submergence of 19.7 feet.Zone I Zone 2 Zone 3 TotalMinimumStandard Oxygen Transfer 40,593 24,259 23,394Rate (lb 0 2 /day)88,246Air (scfm) 4,000 2,600 2,600 9200Pressure at Top of Dropleg 9.0 9.0 9.1(psi)AverageStandard Oxygen Transfer 88,124 24,259 23,394 135,77Rate (lb O 2 1day) 7Air (scfm) 9,400 2,600 2,600 14,600Pressure at Top of Dropleg 9.2 9.0 9.1(psi)Max MonthStandard Oxygen Transfer 109,85 26,773 23,394 160,02Rate (lb 0 2 /day) 6 3Air (scfm) 12,000 2,900 2,600 17,500Pressure at Top of Dropleg 9.3 9.0 9.1(psi)PeakStandard Oxygen Transfer 166,65 42,178 32,133 240,96Rate (lb O 2 Iday) 8 9Air (scfm) 19,000 4,800 3,700 27,500Pressure at Top of Dropleg 9.7 9.2 9.3(psi)H. Furnish the following minimum quantity of 9" diameter membrane discdiffuser units in each tank arranged as follows:Zone Minimum Quantity ofDiffusersZone 1 1 95005114108 02001-158A QR 4-10

R: See subsequent addenda.Zone 2 840Zone 3 700Total Per Tank 3,490Total In 3 Tanks 10,47030. Q: (SA) Section 44 45 16.02 - Page 4 (1.05 Submittals) - We recommend addingthe requirement to perform a Clean Water SOTE Shop Test per the ASCEProcedure. Suggested wording is below:1. Factory Oxygen Transfer Testa. Conduct a shop clean water performance test to demonstrate thecapacity of equipment to meet the specified oxygen requirements.Conduct tests at the manufacturer's facility by independent testing firmand allow witnessing by Engineer and Owner. Include all costs fortesting, including witnesses' expenses, in the equipment price.b. Perform tests in accordance with the latest ASCE Clean Water TestProcedure.c. Conduct at least (3) test runs each at each of the Average, Max Monthand Peak specified design conditions for each of the three Zones.d. Testing shall be conducted in a tank having a surface area greater than200 sq. ft. to eliminate the potential of wall effects. Testing shall beconducted at the specified submergence and a diffuser densityequivalent to the actual project tank configuration. Diffuser density isdefined as the RATIO of the total tank surface area to the totalcombined diffuser surface area.e. Submit data from all tests for approval by the Engineer following thecompletion of the testing and prior to equipment shipment.R: See subsequent addenda.31. Q: (SA) Section 44 45 16.02 - Page 4 (1.05 Submittals) - We recommend addingthe following to the Informational Submittal requirements:"7. Reference list of similar applications or 150% maintenance bond asspecified in Section 2.01B."R: See subsequent addenda.32. Q: (SA) Section 44 45 16.02 - Page 6 (2.01 Manufacturers) - We recommendadding the following Experience Qualifications:B. The manufacturer shall have experience in the design, manufacturing,supplying and commissioning of fine bubble membrane disc aerationequipment of the type specified for this project. The equipment quoted shall beof a proven design and shall be referenced by at least ten installations, eachincluding 10,000 membrane disc diffusers or more, having been in successfuloperation for a period of not less than five years.In the event the manufacturer elects to bid an air diffuser system that does not05/14/08 02001-158A OR 4-11

comply with the above experience requirements, then the manufacturer shallsubmit with the shop drawings, a maintenance bond executed by an Officer ofthe Corporation in the amount of 150% of the bid price guaranteeing repair orreplacement of the air diffusion system in the event of a failure for a period ofthree years after the specified warranty. During such three year period themanufacturer shall repair, modify or replace the air diffusers in a manneracceptable to the Owner, if the operation of the air diffusers is unsatisfactory.Normal wear or malfunctions due to neglect or abuse will not be consideredjustifiable reasons for unsatisfactory operation. In the event the Ownerdetermines the operation of the air diffusers to be unsatisfactory during thisthree year period and the manufacturer fails to correct the deficiencies withinsix months from the time the manufacturer is first notified in writing that suchdeficiencies exist, the Owner will, as its sole option, make the necessary repairsor replacement and deduct costs from the aforementioned bond of themanufacturer.R: See subsequent addenda.33. Q: (SA) Section 44 45 16.02 - Page 6 (1.07A) - We recommend specifying theminimum quantity of Spare Parts. Our recommendations are below:ItemCompletely Assembled DiffusersQuantity10Air distribution pipe support assemblies 10Air distribution pipe joints 10Tool sets, if required, from removal and 3replacement of diffuser assembliesR: See subsequent addenda.34. Q: (SA) Section 44 45 16.02-. Page 8 - 2.06 A - We recommend deleting thelast sentence and replacing with the following:"Supports shall be fabricated from minimum Y2" rod and shall be mounted to thefloor with a single anchor bolt."R: See subsequent addenda.35. Q: (SEP) Could you please confirm if the project requires HOISTS? If so howmany?R: See drawings for project requirements.36. Q: (SEP) Also, the panel specs seem to require 24 identical control panels but forsome reason the "TAG NUMBERS" are split between two rows on the datatable on page 4 of 432256.01 of the mixer spec; can you clarify?R: 14 panels are required. The panels listed on the first row are for a single mixer.The panels listed on the second row are for two mixers.37. Q: (HL) Type 23 calls out Petrolux. I will assume this to be our PTA wet listed unitand that there is no need for hazardous unit. The description call for "reflector'and then enclosed borosilicate glass optic". I need to know if what is needed is05/14/08 02001-158A QR 4-12

actually a refractor 545 or if a reflector 25C is required. See below and advise.ra I VN"= 0R: For the Type 23 fixture please use a refractor 545.38. Q: (HL) Type 24 calls out the low profile Enduralume. The standard unit is a lowprofile low bay style fixture with ballast adjacent to optic. The optic is a reflectorwith a drop glass refractor on bottom. The description above calls for flat glasswhich we do not offer and charcoal filter which is something GE markets notHolophane. See below and advise.UKat -o rooMkhm.NR: For Type 24 fixture, the standard unit is acceptable with ballast adjacent tooptic. Also the optic is a reflector with drop glass refractor.39. Q: (HL) Several of the fixtures on the rest of the schedule are named Lithonia andor Lightolier. Holophane would be applicable to many of the types. CliveMcKenzie has used many of our products throughout water plants for manyyears.R: If Holophane can provide an approved equal to the fixture specified pleasesubmit and we will review accordingly. Other manufacturers are acceptableprovided that they meet the specifications.Key to Questions:(ADS)(AFI)(AG)(AS)(AW)(CS)(EC)(El)(FE)(GS)Advance Drainage SystemArchitectural FinishesAlberici GroupAtlantic Skanska, Inc.Archer Western ContractorsCorban Services, Inc.Envirosystems CompanyEnvirosystems CompanyFerguson EnterprisesGeneral Shale Brick05/14/08 02001-158A QR 4-13

(HL)(HWZ)(ISI)(MIU)(MS)(OPI)(PE)(PP)(RBC)(SA)(SEP)(SI)(SP)(SS)(SWT)(TA)(TC)(TDC)(TI)(WGH)(WS)(WT)Holophane LightingHWZ Contracting - CincinnatiInsulation Solutions, Inc.Major Industries, Inc.Mixing Systems, Inc.Oldcastle Precast, Inc.Pace ElectricPrime PolymersRobert Bates CompanySanitaireSoutheast PumpSykes IndustrialStar-PipeStyro Systems agent for Certain TeedSiemens Water TechnologiesTempleton AssociatesTenCate Geosynthetics North AmericaTindall CorporationTransdyn, Inc.WG HerringWestern SummitWesTechMay 14, 2008Jordan, Jones & Goulding6801 Governors Lake ParkwayNorcross, Georgia 30071(770) 455-855505/14/08 02001-158A QR 4-14

~vRk0 oRADDENDUM IIDATE: April 15, 2008TO:FROM:RE:ALL PROSPECTIVE BIDDERSJulie Ann Donahue, CPPBPurchasing AdministratorAddendum II, Bid # 00280, Athens North Oconee Water Reclamation FacilityThe following revisions are made to the Plans and Specifications of BID #00280, Athens NorthOconee Water Reclamation Facility:Specifications1. Page 00 41 00-2, delete Items 3.a. and 3.b. Renumber subsequent items.2. Delete Section 00 72 00 General Conditions and replace with 00 72 00 General Conditionsincluded in this addendum(No content change, however, track changes version beingissued herein.)3. Page 01 29 00-7, Article 1.08, delete Paragraph B in its entirety and replace with thefollowing,"B.Mass Rock Excavation:1. No separate payment will be made for mass rock excavation.2. Payment for blasting monitoring shall be made from the "BlastingMonitoring" Cash Allowance. A fee must be agreed upon by the Engineerprior to the Contractor employing an independent, qualified specialtysubcontractor to monitor the blasting. If the Contractor employs thespecialty subcontractor prior to the Engineer's approval of the fee, all suchcosts are subject to non-reimbursement."4. Page 01 29 00-8, Article 1.08, delete Paragraph D in its entirety and replace with thefollowing,"D. Trench Rock Excavation:I. No separate payment will be made for trench rock excavation.2. Payment for blasting monitoring shall be made from the "Blasting#00280 Addendum 2 BID.doc Page 1 of 2

R0 eRtMonitoring" cash allowance. A fee must be agreed upon by the Engineerprior to the Contractor employing an independent, qualified specialtysubcontractor to monitor the blasting. If the Contractor employs thespecialty subcontractor prior to the Engineer's approval of the fee, allsuch costs are subject to non-reimbursement."Drawings1. Add Sheet 05-CS-15 included in this addendum.2. Add Sheet 05-CU-15 included in this addendum.3. Add Sheet 05-CU-19 included in this addendum.This Addendum modifies, adds to, and is hereby part of Bid #00280.conditions remain unchanged.All other terms andAny inquiries concerning this Invitation to Bid should be made to Julie Ann Donahue, CPPB,Purchasing Administrator or Toro Holt, Senior Buyer, (706) 613-3068, fax (706) 613-1975 oremail toroholt@co.clarke.ga.us.The Unified Government of Athens-Clarke County reserves the right to reject any and all bids,to waive any technicalities or irregularities and to award the bid based on the highest and bestinterest of the Unified Government of Athens-Clarke County.#00280 Addendum 2 BID.doc Page 2 of 2

STANDARDGENERAL CONDITIONSOF THECONSTRUCTION CONTRACTPrepared byENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEEandIssued and Published Jointly ByPROFESSIONAL ENGINEERS IN PRIVATE PRACTICEa practice division of theNATIONAL SOCIETY OF PROFESSIONAL ENGINEERSAMERICAN CONSULTING ENGINEERS COUNCILAMERICAN SOCIETY OF CIVIL ENGINEERSThis document has been approved and endorsed byThe Associated General Contractors of AmericaConstruction Specifications InstituteEJCDC No. 1910-8 (1996 Edition) 007200-1w/ JJG Modifications (Rev03/'06/O8)

Copyright © 1996National Society of Professional Engineers1420 King Street, Alexandria, VA 22314American Consulting Engineers Council1015 15th Street N.W., Washington, DC 20005American Society of Civil Engineers345 East 47th Street, New York, NY 10017EJCDC No. 1910-8 (1996 Edition) 007200-2w/ JJG Modifications (Rev03/06/08)

GENERAL CONDITIONSARTICLE 1 - DEFINITIONS AND TERMINOLOGY8. Bonds--Performance and payment bonds and1.01 Defined Terms other instruments of security,A. Wherever used in the Contract Documents and 9. Change Order--A document recommended byprinted with initial or all capital letters, the terms listed ENGINEER which is signed by CONTRACTOR andbelow will have the meanings indicated which are OWNER and authorizes an addition, deletion, or revision inapplicable to both the singular and plural thereof,the Work or an adjustment in the Contract Price or theContract Times, issued on or after the Effective Date of the1. Addenda--Written or graphic instruments Agreement.issued prior to the opening of Bids which clarify, correct, orchange the Bidding Requirements or the Contract I0A. Claim--A demand or assertion byDocuments.OWNER or CONTRACTOR seeking an adjustment ofContract Price or Contract Times, or both, or other relief2. Agreement--The written instrument which is with respect to the terms of the Contract. A demand forevidence of the agreement between OWNER and money or services by a third party is not a Claim.CONTRACTOR covering the Work.10B. Conditions of the Contract - The3. Application for Payment--The form combined General Conditions and Supplementaryacceptable to ENGINEER which is to be used by CON- Conditions-TRACTOR during the course of the Work in requestingprogress or final payments and which is to be accompanied 11. Contract--The entire and integrated writtenby such supporting documentation as is required by the agreement between the OWNER and CONTRACTORContract Documents. concerning the Work. The Contract supersedes priornegotiations, representations, or agreements, whether4. Asbestos--Any material that contains more written or oral.than one percent asbestos and is friable or is releasingasbestos fibers into the air above current action levels12. Contract Documents--The Contract Docuestablishedby the United States Occupational Safety and ments establish the rights and obligations of the parties andHealth Administration.include the Agreement, the Invitation To Bid, Instructionsto Bidders, Addenda (which pertain to the Contract Docu-5. Bid--The offer or proposal of a bidder submit- ments), CONTRACTOR's Bid (including documentationted on the prescribed form setting forth the prices for the accompanying the Bid and any post Bid documentationWork to be performed.submitted prior to the Notice of Award) when attached as anexhibit to the Agreement, the Notice to Proceed, the Bonds,6. Bidding Documents--The Bidding these General Conditions, the Supplementary Conditions,Requirements and the proposed Contract Documents (in- the Specifications and the Drawings as the same are moreeluding all Addenda issued prior to receipt of Bids).specifically identified in the Agreement, together with allWritten Amendments, Change Orders, Work Change7. Bidding Requirements--The Advertisement or Directives, Field Orders, and ENGINEER's writtenInvitation to Bid, Instructions to Bidders, Bid security form, interpretations and clarifications issued on or after theif any, and the Bid form with any supplements. Effective Date of the Agreement. Approved ShopEJCDC No. 1910-8 (1996 Edition) 007200-3w/ JJG Modifications (RevO3/06/08)

Drawings and the reports and drawings of subsurface and associate or consultant with respect to the Project and whophysical conditions are not Contract Documents. Only is identified as such in the Supplementary Conditions.printed or hard copies of the items listed in this paragraphare Contract Documents. Files in electronic media format21. Field Order--A written order issued byof text, data, graphics, and the like that may be furnished by ENGINEER which requires minor changes in the Work butOWNER to CONTRACTOR are not Contract Documents. which does not involve a change in the Contract Price or theContract Times.13. Contract Price--The moneys payable byOWNER to CONTRACTOR for completion of the Work in22. General Requirements--Sections of Divisionaccordance with the Contract Documents as stated in the 1 of the Specifications. The General Requirements pertainAgreement (subject to the provisions of paragraph 11.03 in to all sections of the Specifications.the case of Unit Price Work).23. Hazardous Environmental Condition--The14. Contract Times--The number of days or the presence at the Site of Asbestos, PCBs, Petroleum,dates stated in the Agreement to: (i) achieve Substantial Hazardous Waste, or Radioactive Material in suchCompletion; and (ii) complete the Work so that it is ready quantities or circumstances that may present a substantialfor final payment as evidenced by ENGINEER's written danger to persons or property exposed thereto in connectionrecommendation of final payment.with the Work.15. CONTRACTOR--The individual or entity with 24. Hazardous Waste--The term Hazardouswhom OWNER has entered into the Agreement.Waste shall have the meaning provided in Section 1004 ofthe Solid Waste Disposal Act (42 USC Section 6903) as16A. Cost of the Work--See paragraph 11.0 l.A amended from time to time.for definition.25. Laws and Regulations; Laws or Regulations--16B. DESIGNER--An individual or entity Any and all applicable laws, roles, regulations, ordinances,named as such in the Sipplementary Conditions, if different codes, and orders of any and all governmental bodies,from Engineer.agencies, authorities, and courts having jurisdiction.16C_ DESIGNER's Consultant--An individual 26A. Liens--Charges, security interests, oror entit, havinQ a contract with the EnQineer to furnish encumbrances upon Project funds, real property, or personalsenices as DESIGNER 'S independent pro fsvsional property.associate or consultant with respect to the Project and whois identified as such in the Sunlcmentarv Conditions. 26B. Liquidated Damages - Amount shall beas stipulated in the Agreement. Liquidated damages shall17. Drawings--That part of the Contract apply to the time limits established for Milestone Dates asDocuments prepared or approved by ENGINEER which well as to the Contract Time for the Project. Liquidatedgraphically shows the scope, extent, and character of the Damages shall be both additive and cumulative. FurtherWork to be performed by CONTRACTOR. Shop assessment of Liquidated Damages associated with theDrawings and other CONTRACTOR submittals are not total Proiect shall end upon attainment of SubstantialDrawings as so defined. Completion of the entire Project, Liquidated Damageassociated with Milestone Dates shall end upon18. Effective Date of the Agreement--The date Substantial Completion of the Work associated with eachindicated in the Agreement on which it becomes effective, Milestone Date.but if no such date is indicated, it means the date on whichthe Agreement is signed and delivered by the last of the two27. Milestone--A principal event specified in theparties to sign and deliver.Contract Documents relating to an intermediate completiondate or time prior to Substantial Completion of all the19. ENGIAEER--The individual or entity named Workassuch in the Instructions to Bidders.28. Notice of Award--The written notice by20. ENGINEER's Consultant--An individual or OWNER to the apparent successful bidder stating that uponentity having a contract with ENGINEER to furnish timely compliance by the apparent successful bidder withservices as ENGINEER's independent professional the conditions precedent listed therein, OWNER will signand deliver the Agreement.EJCDC No. 1910-8 (1996 Edition) 007200-4w/ JIG Modifications (Rev03l06108)

29. Notice to Proceed--A written notice given by 40. Site--Lands or areas indicated in the ContractOWNER to CONTRACTOR fixing the date on which the Documents as being furnished by OWNER upon which theContract Times will commence to run and on which Work is to be performed, including rights-of-way andCONTRACTOR shall start to perform the Work under the easements for access thereto, and such other lands furnishedContract Documents. by OWNER which are designated for the use ofCONTRACTOR.30. OWNER--The individual, entity, public body,or authority with whom CONTRACTOR has entered into41. Specifications--That part of the Contractthe Agreement and for whom the Work is to be performed. Documents consisting of written technical descriptions ofmaterials, equipment, systems, standards, and workmanship31, Partial Utilization--Use by OWNER of a as applied to the Work and certain administrative detailssubstantially completed part of the Work for the purpose for applicable thereto.which it is intended (or a related purpose) prior toSubstantial Completion of all the Work. 42A_ Subcontractor--An individual or entityhaving a direct contract with CONTRACTOR or with any32. PCBs--Polychlorinated biphenyls. other Subcontractor for the performance of a part of theWork at the Site.33. Petroleum--Petroleum, including crude oil orany fraction thereof which is liquid at standard conditions of 42B. Submittals - All administrative documentstemperature and pressure (60 degrees Fahrenheit and 14.7 required to be submitted by the CONTRACTOR, whetherpounds per square inch absolute), such as oil, petroleum, for information or for approval, including schedules, Shopfuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil Drawings, Samples, quality control documents, designmixed with other non-Hazardous Waste and crude oils.related documents, contract close-out documents, and anyother specified document prepared or assembled by or for34. Project--The total construction of which the the CONTRACTOR and submitted by CONTRACTOR.Work to be performed under the Contract Documents maybe the whole, or a part as may be indicated elsewhere in the43. Substantial Completion- The time, at whiichContract Documents.the Work (.r a specified part thereof) has progressed to thepoinlt Where, in the op~iionf Of ENGINEEPR, the WerkE (Or a35. Project Manual--The bound documentary specified part the e0) is sufficiently complete, iininformation prepared for bidding and constructing theWork. A listing of the contents of the Project Manual,accordan.e with h(o. _sp.- . .artCo=ntract Docm.ents, so that the Work'.....c a be tilizcd fo th.......se .which may be bound in one or more volumes, is contained for which it is intended. Te tenz.'sbstantislly complete"in the table(s) of contents.and "ttbstu.tilly completed" as applied to all or part of theWor k; refr to Substatia4 Completion the-e.36. Radioactive Material--Source, special nuclear,or byproduct material as defined by the Atomic Energy A. Substantial Completion shall (i) be definedAct of 1954 (42 USC Section 2011 et seq.) as amended as that degree of completion of the Project's operatingfrom time to time.facilities or systems sufficient to provide the OWNER fulltime, uninterrupted, continuous operation of the Work;37. Resident Project Representative--The autho- and fii) occur after all required functional, performance,rized representative of ENGINEER who may be assigned to and operational or startup testing has been successfullythe Site or any part thereof.demonstrated for all components, devices, equipment, andsystems to the satisfaction of the ENGINEER in38. Samples--Physical examples of materials, accordance with the requirements of the Specifications:equipment, or workmanship that are representative of some and (iii) occur after all required inspections have beenportion of the Work and which establish the standards by completed.which such portion of the Work will be judged.B. Specific items of Work that must be completed39. Shop Drawings--All drawings, diagrams, prior to the ENGINEER'S issuance of a certificate ofillustrations, schedules, and other data or information which Substantial Completion include, but are not limited to, theare specifically prepared or assembled by or for CON- following:TRACTOR and submitted by CONTRACTOR to illustratesome portion of the Work. I. Correcting deficient Work items listed by all state,EJCDC No. 1910-8 (1996 Edition) 007200-5w/ JJG Modifications (Rev03/06/08)

local, and other regulatory agencies or deenartments.and is the result of performing or providing all labor,services, and documentation necessary to produce such2. All submittals must be received and approved by construction, and furnishing, installing, and incorporatingthe ENGINEER, including, but not necessarily limited to, all materials and equipment into such construction, all asthe following:required by the Contract Documents.a. Record documents. 49. Work Change Directive--A written statementto CONTRACTOR issued on or after the Effective Date ofb. Factory test reports, the Agreement and signed by OWNER and recommendedby ENGINEER ordering an addition, deletion, or revisionc. Equipment and structure test reports, in the Work, or responding to differing or unforeseensubsurface or physical conditions under which the Work isd. Manufacturer's Certificate of Proper Installation. to be performed or to emergencies. A Work ChangeDirective will not change the Contract Price or the Contracte. Operating and maintenance information, Times but is evidence that the parties expect that the changeinstructions, manuals, documents, drawings, diagrams, ordered or documented by a Work Change Directive will beand records. incorporated in a subsequently issued Change Orderfollowing negotiations by the parties as to its effect, if any,f Spare parts lists. on the Contract Price or Contract Times.3. All additional warranty or insurance coverage 50. Written Amendment--A written statementrequirements have been provided,modifying the Contract Documents, signed by OWNER andCONTRACTOR on or after the Effective Date of the4. All manufacturer/vendor-provided operator Agreement and normally dealing with the nonengineering ortraining is complete and documented,nontechnical rather than strictly construction-related aspectsof the Contract Documents.C. The terms "substantially complete" and"substantially completed" as aplied to all or part of theWork refer to Substantial Completion thereof 1.02 Terminology44. Supplementary Conditions--That part of the A. Intent of Certain Terms or AdjectivesContract Documents which amends or supplements theseGeneral Conditions. I. Whenever in the Contract Documents the terms "asallowed," "as approved," or terms of like effect or import45. Supplier--A manufacturer, fabricator, suppli- are used, or the adjectives "reasonable," "suitable,"er, distributor, materialman, or vendor having a direct "acceptable," "proper," "satisfactory," or adjectives of likecontract with CONTRACTOR or with any Subcontractor to effect or import are used to describe an action orfurnish materials or equipment to be incorporated in the determination of ENGINEER as to the Work, it is intendedWork by CONTRACTOR or any Subcontractor.that such action or determination will be solely to evaluate,in general, the completed Work for compliance with the46. Underground Facilities--All underground requirements of and information in the Contract Documentspipelines, conduits, ducts, cables, wires, manholes, vaults, and conformance with the design concept of the completedtanks, tunnels, or other such facilities or attachments, and Project as a functioning whole as shown or indicated in theany encasements containing such facilities, including those Contract Documents (unless there is a specific statementthat convey electricity, gases, steam, liquid petroleum indicating otherwise). The use of any such term or adjectiveproducts, telephone or other communications, cable shall not be effective to assign to ENGINEER any duty ortelevision, water, wastewater, storm water, other liquids or authority to supervise or direct the -performance of thechemicals, or traffic or other control systems.Work or any duty or authority to undertake responsibilitycontrary to the provisions of paragraph 9.10 or any other47. Unit Price Work--Work to be paid for on the provision of the Contract Documents.basis of unit prices.B. Day48. Work--The entire completed construction orthe various separately identifiable parts thereof required to 1. The word "day" shall constitute a calendar day of 24be provided under the Contract Documents. Work includes hours measured from midnight to the next midnight.EJCDC No. 1910-8 (1996 Edition) 007200-6w/ JJG Modifications (Revo3/06/08)

within the Contract Time, or extended Contract Time ifC. Defective authorized by Change order, then the CONTRACTORshall pay to the OWNER the full amount of liquidated1. The word "defective," when modifying the word damages specified in the Contract Documents for each"Work," refers to Work that is unsatisfactory, faulty, or calendar day that the CONTRACTOR shall be in defaultdeficient in that it does not conform to the Contract after the time stipulated in the Contract Documents.Documents or does not meet the requirements of anyinspection, reference standard, test, or approval referred to ARTICLE 2 - PRELIMINARY MATTERSin the Contract Documents, or has been damaged prior toENGINEER's recommendation of final payment (unless 2.01 Delivery of Bondsresponsibility for the protection thereof has been assumedby OWNER at Substantial Completion in accordance with A. When CONTRACTOR delivers the executedparagraph 14.04 or 14.05).Agreements to OWNER, CONTRACTOR shall also deliverto OWNER such Bonds as CONTRACTOR may berequired to furnish.D. Furnish, Install, Perform, ProvideB. The Contractor shall furnish separate Performance1. The word "furnish," when used in connection with and Payment Bonds each in a sum equal to the amount ofservices, materials, or equipment, shall mean to supply and the Contract Price, the Performance Bond conditioned upondeliver said services, materials, or equipment to the Site (or the peiformance by the Contractor of all undertakings,some other specified location) ready for use or installation covenants, terms, conditions and agreements of the Contractand in usable or operable condition.Documents, and the Payment Bond conditioned upon theprompt payment by the Contractor to all persons supplying2. The word "install," when used in connection with labor and products in the prosecution of the Work providedservices, materials, or equipment, shall mean to put into use by the Contract Documents. Such Bonds shall be executedor place in final position said services, materials, or by the Contractor and a corporate bonding companyequipment complete and ready for intended use.licensed to transact such business in the State where theProiect is located and named on the current list of "Surety3. The words "perform" or "provide," when used in Companies Acceptable on Federal Bonds" as published inconnection with services, materials, or equipment, shall the Treasury Department Circular Number 570. Themean to furnish and install said services, materials, or expense of these Bonds shall be borne by the Contractor. Ifequipment complete and ready for intended use-at any time a surety on any such Bond is declared bankruptor loses its right to do business in the State where the4. When "furnish," "install," "perform," or "provide" is Proiect is located or is removed from the list of Suretnot used in connection with services, materials, or Companies accepted on Federal Bonds, the Contractorequipment in a context clearly requiring an obligation of shall, within 10 days after notice from the Owner to do so,CONTRACTOR, "provide" is implied,substitute an acceptable Bond (or Bonds) in such form andsum and signed by such other surety as may be satisfactoryE. Unless stated otherwise in the Contract Docu- to the Owner. The premium on such Bond (or Bonds) shallments, words or phrases which have a well-known technical be paid by the Contractor. No further progress payimentsor construction industry or trade meaning are used in the shall be deemed due, nor shall be made, until the new sureyContract Documents in accordance with such recognized furnishes an acceptable Bond to the Owner,meaning.C. The person executing the Bond on behalf of theF. All time limits stated in the Contract Documents surety shall file with the Bond a general power of attorney,are of the essence of the Agreement. The unlimited as to amount and type of Bond covered by suchCONTRACTOR shall proceed with the Work at a rate of power of attorney and certified to by an official of saidprogress which will ensure completion within the Contract surety.Time. It is expressly understood and agreed by andbetween the CONTRACTOR and the OWNER, that the 2.02 Copies of DocumentsContract Time for the Work described herein is areasonable time, taking into consideration the averageA. OWNER shall furnish to CONTRACTOR up toclimatic and economic conditions, and other factors ten-five copies of the Contract Documents. Additionalprevailing in the locality of the Work. If the copies will be furnished upon request at the cost ofCONTRACTOR shall fail to perform the Work required reproduction.EJCDC No. 1910-8 (1996 Edition) 007200-7w/ JJG Modifications (RevO3/06/08)

2. a preliminary schedule ef Shep Dr.ing and Sampl2.03 Commencement of Contract Times; Notice to ssubmittals schedule which wi4i4listindicates each requiredProceedsibmital-Submittal and the datestimes for submitting, timefor reviewing; and processing sucach Ssubmittal (periodicA. The Contract Times will commence to run on the Submittals may be listed by a common monthly date); andthirtieth day after the Effective Date of the Agreement or, ifa Notice to Proceed is given, on the day indicated in the 3. a preliminary schedule of values for all of the WorkNotice to Proceed. A Notice to Proceed may be given at which includes quantities and prices of items which whenany time within 30 days after the Effective Date of the added together equal the Contract Price and subdivides theAgreement. in na ont wlill the Contract Times pcmrenee Work into component parts in sufficient detail to serve asto run later than the sixtieth day afttr the day of Bid opening the basis for progress payments during performance of theor the thirtieth day after the Effcctivo Date of the Work. Such prices will include an appropriate amount ofAgree..e V,.hichever date is earlier. overhead and profit applicable to each item of Work.2.04 Starting the Work C. When executing the Contract Documents,CONTRACTOR shall deliver to the ENGINEERA- CONTRACTOR may start to perform off-site certificates of insurance (and other evidence requested byWork following the effective date of the Agreement, but no OWNER) which CONTRACTOR is required to purchaseWork shall be performed at the Site prior to the date on and maintain in accordance with the requirements ofwhich the Contract Times commence to rnn.A-. Article 5.CONTRA (CTOR shall sta to perform the Work on thedete - hen: the Cantrpet Times e:r ne to ru:n. No Work D. CONTRACTOR shall have prepared-hall be done at the Site pFrior to the date en which the CONTRACTOR's written plan for Project-specific safetyCenct-et TiHes-cemmenee to :u..precautions and proirams in accordance with Paragraph6.13.C. £..d..... o wwfe. .. Befere any Work at the2.05 Before Starting Construction Site io sta.ed. CONTRACTO. R and .. OWNR shall edeliver to thet ther, 'th opirteh additional insuredA. CONTRACTOR's Review of Contract Documents: identified in 4 e Sapplementa y Cndition.s, Pe.tifieatos ofBefore undertaking each part of the Work, imsuranee (and other evidenoe of insuH.race which either OfCONTRACTOR shall carefully study and compare the thern or any additiona insured may reasoably .equest)Contract Documents and check and verify pertinent figures which CONTRACTOR and OWNER reSpe.ti.ely aretherein and all applicable field measurements. "eq i ed to purchase and maintaia in a..ordance .thCONTRACTOR shall promptly report in writing to Article-5.ENGINEER any conflict, error, ambiguity, or discrepancywhich CONTRACTOR may discover and shall obtain a 2.06 Preconstruction Conferencewritten interpretation or clarification from ENGINEERbefore proceeding with any Work affected thereby; A. A Preconstruction Conference shall be held at ahowever, CONTRACTOR shall not be liable to OWNER Time and Place determined by the ENGINEER.A4or ENGINEER for failure to report any conflict, error,Within 20 days after the Con..ract Titoambiguity, or discrepancy in the Contract Documents unless but before any Work at the Site is started, aCONTRACTOR knew or reasonably should have known attended by CONTR.A.CTOR, ENGINEER, and others asthereof appropiate vN4!l be held to establish a werdauinderstanding a ong the pa~ies as to the Work and toB. Preliminary Schedules: Within ten days after the discass the schedules referred to in paragraph 2.05. ,Effectiv.Date f the Ageement.ommencement of Contractpr.edures fer handling Shop Dmrawigs and offieTime (unless otherwise specified in the General submittals, preeouig Applications for Pap .ent' mdRequirements), CONTRACTOR shall submit to ENGI- maintaining required recordsNEER for its timely review:2.07 Initial Acceptance of Schedules1. a preliminary progress schedule indicating the times(numbers of days or dates) for starting and completing theA. Within 10 days after submission of Preliminaryvarious stages of the Work, including any Milestones Schedules required in Paragraph 2.053 ls o.hPr,-sspecified in the Contract Documents;prOy ided in the Contract Documents, at least ten daysbefee submission of the first Application for Payment aconference attended by CONTRACTOR, ENGINEER, andEJCDC No. 1910-8 (1996 Edition) 007200-8w/ JJG Modifications (Rev03/06/08)

others as appropriate will be held to review for acceptability C. Clarifications and interpretations of the Contractto ENGINEER as provided below the schedules submitted Documents shall be issued by ENGINEER as provided inin accordance with paragraph 2.05.B. CONTRACTOR Article 9.shall have an additional ten days to make corrections andadjustments and to complete and resubmit the schedules, D. Each and every provision of law and clauseNo progress payment shall be made to CONTRACTOR required by law to be inserted in these Contractuntil acceptable schedules are submitted to ENGINEER.Documents shall be deemed to be inserted herein, andthey shall be read and enforced as though it were included1. The preliminary progress schedule will be acceptable herein, and if through mistake or otherwise, any suchto ENGINEER if it provides an orderly progression of the provision is not inserted, or if not correctly inserted, thenWork to completion within any specified Milestones and the upon the application of either party, the ContractContract Times. Such acceptance will not impose on Documents shall forthwith be physically amended to makeENGINEER responsibility for the progress schedule, for such insertion.sequencing, scheduling, or progress of the Work norinterfere with or relieve CONTRACTOR from E. Wherever in the Contract Documents the terms "asCONTRACTOR's full responsibility therefor. The ordered", "as directed", "as required". "as allowed", "asprogress schedule may subsequently be adjusted in approved" or terms of like effect or import are used. or theaccordance with paragraph 6.04.adjectives "reasonable", "suitable". "acceptable", "proper"or "satisfactory" or adjectives of like effect or import are2. CONTRACTOR's Submittal Schedule will be used to describe a requirement, direction, review oracceptable to ENGINEER. if it provides, a workable judwrnent of the ENGINEER as to the Work, it is intendedarrangement for reviewing and processing the required that such requirement, direction, review or judgment will &Submittals. The Submittal Schedule may subsequently be solely to evaluate, in general, the completed Work foradjusted in accordance with applicable provisions of the compliance with the requirements of and information in theGeneral Requirements.2. CONTRACTOR's schedule ot Contract Documents and conformance with the designShop Drrni ,g and Sample subni als will be acceptable to concept of the completed Promect as a functioning whole asENGNER if it pr...ides a .... rkbl, ........e.et f shown or indicated in the Contract Documents (uless there....... ,and precessing the required submittal, is a specific statement indicating otherwise). The use of anysuch term or adjective shall not in any way assign to the3. CONTRACTOR's schedule of values will be accept- ENGINEER any duty or authority to supervise or direct theable to ENGINEER as to form and substance if it provides a finishing or performance of Work or any duty or authorityreasonable allocation of the Contract Price to component to undertake responsibility contrary to the provisions ofparts of the Work.paragraph 9.10 or any other provision of the ContractDocuments.ARTICLE 3 - CONTRACT DOCUMENTS: INTENT,AMENDING, REUSE F. "Imperative" or "Command" type language is usedin the Contract Documents. This command language refers3.01 Intent to and is directed to the CONTRACTOR.A. The Contract Documents are complementary; G. Emphasis, such as italics, bold text, underline, orwhat is called for by one is as binding as if called for by all. quotes, has been used throughout the ContractDocuments. Use of emphasis shall not change the meaningof the term emphasized.B. It is the intent of the Contract Documents todescribe a functionally complete Project (or part thereof) toH. No provision of any standard, specification,be constructed in accordance with the Contract Documents. manual, code or any one's instruction shall be effective toAny labor, documentation, services, materials, or equip- change the duties and responsibilities of OWNER.ment that may reasonably be inferred from the Contract CONTRACTOR, ENGINEER, DESIGNER, or any of theDocuments or from prevailing custom or trade usage as subcontractors, consultants, agents or employces frombeing required to produce the intended result will be those set forth in the Contract Documents, nor shall it beprovided whether or not specifically called for at noadditional cost to OWNER.effective to assign to OWNER, ENGINEER or any ofENGINEER's Consultants, DESIGNER or DESIGNER'sConsultants, agents or employees any duty or authority tosupervise or direct the furnishing or performance of theWork or any duty or authority to underptake responsibilityEJCDC No. 1910-8 (1996 Edition) 007200-9w/J3G Modifications (RevO3/06/08)

inconsistent with the provisions of paragraph 9.10 or anyB. Resolving Discrepanciesother provision of the Contract Documents.1. Except as may be otherwise specifically stated in the3.02 Reference Standards Contract Documents, the provisions of the ContractDocuments shall take precedence in resolving any conflict,A. Standards, Specifications, Codes, Laws, and error, ambiguity, or discrepancy between the provisions ofRegulationsthe Contract Documents and:1. Reference to standards, specifications, manuals, or a. the provisions of any standard, specification, manual,codes of any technical society, organization, or association, code, or instruction (whether or not specificallyor to Laws or Regulations, whether such reference be incorporated by reference in the Contract Documents); orspecific or by implication, shall mean the standard,specification, manual, code, or Laws or Regulations in b. the provisions of any Laws or Regulations applicableeffect at the time of opening of Bids (or on the Effective to the performance of the Work (unless such anDate of the Agreement if there were no Bids), except as interpretation of the provisions of the Contract Documentsmay be otherwise specifically stated in the Contract would result in violation of such Law or Regulation).Documents.c. In resolving inconsistencies within the Contract2. No provision of any such standard, specification, Documents, precedence shall be given in the followingmanual or code, or any instruction of a Supplier shall be descending order:effective to change the duties or responsibilities ofOWNER, CONTRACTOR, or ENGINEER, or any of their 1. Written Amendments,subcontractors, consultants, agents, or employees fromthose set forth in the Contract Documents, nor shall any 2. Change Orders,such provision or instruction be effective to assign toOWNER, ENGINEER, or any of ENGINEER's 3. Work Change Directives,Consultants, agents, or employees any duty or authority tosupervise or direct the performance of the Work or any duty 4. Field Orders,or authority to undertake responsibility inconsistent with theprovisions of the Contract Documents. 5. ENGINEER's written interpretations andclarifications, Notice to Proceed and3.03 Reporting and Resolving Discrepancies6. AddendaA. Reporting Discrepancies7. Contract Agreement1. If, during the performance of the Work,CONTRACTOR discovers any conflict, error, ambiguity, or 8. Supplementary Conditionsdiscrepancy within the Contract Documents or between theContract Documents and any provision of any Law or 3. Instruztic; ; BidderRegulation applicable to the performance of the Work or ofany -standard, specification, manual or code, or of any 9. General Conditionsinstruction of any Supplier, CONTRACTOR shall report itto ENGINEER in writing at once, CONTRACTOR shall 10. Specificationsnot proceed with the Work affected thereby (except in anemergency as required by paragraph 6.16.A) until an 11. Drawingfs (Figure dimensions onamendment or supplement to the Contract Documents has Drawings shall take precedence over scale dimensions andbeen issued by one of the methods indicated in paragraph detailed drawings shall take precedence over general3.04; provided, however, that CONTRACTOR shall not be drawings.)liable to OWNER or ENGINEER for failure to report anysuch conflict, error, ambiguity, or discrepancy unless CON- 12. Jnihtaetit, slnstructions to BiddersTRACTOR knew or reasonably should have known thereof.13. Invitation to Bid14. BidEJCDC No. 1910-8 (1996 Edition) 007200- 10w/ JJG Modifications (Rev03/0608)

3.04 Amending and Supplementing Contract provided in paragraph 10.05. If all lands and rights-of-wayDocuments are not obtained as herein contemplated beforeconstruction begins, CONTRACTOR shall begin theA. The Contract Documents may be amended to Work upon such land and rights-of-way as OWNER hasprovide for additions, deletions, and revisions in the Work previously acquired.or to modify the terms and conditions thereof in one ormore of the following ways: (i) a Written Amendment; (ii) a B. Upon reasonable written request, OWNER shallChange Order; or (iii) a Work Change Directive.furnish CONTRACTOR with a current statement of recordlegal title and legal description of the lands upon which theB. The requirements of the Contract Documents may Work is to be performed and OWNER's interest therein asbe supplemented, and minor variations and deviations in the necessary for giving notice of or filing a mechanic's orWork may be authorized, by one or more of the following construction lien against such lands in accordance withways: (i) a Field Order; (ii) ENGINEER'z appro'.al of a applicable Laws and Regulations.Shop Drawing er Sample; or (iii) ENGINEER's writteninterpretation or clarification. C. CONTRACTOR shall provide for all additionallands and access thereto that may be required for temporary3.05 Reuse of Documents construction facilities or storage of materials and equipment.A. CONTRACTOR and any Subcontractor orSupplier or other individual or entity performing or 4.02 Subsurface and Physical Conditionsfurnishing any of the Work under a direct or indirectcontract with OWNER: (i) shall not have or acquire any title A. Reports and Drawings: The Supplementaryto or ownership rights in any of the Drawings, Conditions identify:Specifications, or other documents (or copies of anythereof) prepared by or bearing the seal of ENGINEER or 1. those reports of explorations and tests of subsurfaceENGINEER's Consultant, including electronic media conditions at or contiguous to the Site that ENGINEER haseditions; and (ii) shall not reuse any of such Drawings, used in preparing the Contract Documents; andSpecifications, other documents, or copies thereof onextensions of the Project or any other project without 2. those drawings of physical conditions in or relating towritten consent of OWNER and ENGINEER and specific existing surface or subsurface structures at or contiguous towritten verification or adaption by ENGINEER. This the Site (except Underground Facilities) that ENGINEERprohibition will survive final payment, completion, and has used in preparing the Contract Documents.acceptance of the Work, or termination or completion of theContract. Nothing herein shall preclude CONTRACTOR B. Limited Reliance by CONTRACTOR on Technicalfrom retaining copies of the Contract Documents for record Data Authorized CONTRACTOR may rely upon thepurposes.general accuracy of the "technical data" contained in suchreports and drawings, but such reports and drawings are notARTICLE 4 - AVAILABILITY OF LANDS: Contract Documents. Such "technical data" is identified inSUBSURFACE AND PHYSICAL CONDITIONS: the Supplementary Conditions. Except for such reliance onREFERENCE POINTSsuch "technical data," CONTRACTOR may not rely uponor make any Claim against OWNER, ENGINEER, or any4.01 Availability of Lands of ENGINEER's Consultants with respect to:A. OWNER shall furnish the Site. OWNER shall 1. the completeness of such reports and drawings fornotify CONTRACTOR of any encumbrances or restrictions CONTRACTOR's purposes, including, but not limited to,not of general application but specifically related to use of any aspects of the means, methods, techniques, sequences,the Site with which CONTRACTOR must comply in and procedures of construction to be employed byperforming the Work. OWNER will obtain in a timely CONTRACTOR, and safety precautions and programsmanner and pay for easements for permanent structures or incident thereto; orpermanent changes in existing facilities. If CON-TRACTOR and OWNER are unable to agree on entitle- 2. other data, interpretations, opinions, and informationment to or on the amount or extent, if any, of any adjust- contained in such reports or shown or indicated in suchment in the Contract Price or Contract Times, or both, as a drawings; orresult of any delay in OWNER's furnishing the Site,CONTRACTOR may make a Claim *herefbthcrcfore asEJCDC No. 1910-8 (1996 Edition) 007200- 11w/ JJG Modifications (Rev03/06/08)

3. any CONTRACTOR interpretation of or conclusion b. with respect to Work that is paid for on a Unit Pricedrawn from any "technical data" or any such other data, Basis, any adjustment in Contract Price will be subject tointerpretations, opinions, or information, the provisions of paragraphs 9.08 and 11.03.4.03 Differing Subsurface or Physical Conditions 2. CONTRACTOR shall not be entitled to any adjustmentin the Contract Price or Contract Times if:A. Notice: If CONTRACTOR believes that anysubsurface or physical condition at or contiguous to the Site a. CONTRACTOR knew of the existence of suchthat is uncovered or revealed either:conditions at the time CONTRACTOR made a finalcommitment to OWNER in respect of Contract Price and1. is of such a nature as to establish that any "technical Contract Times by the submission of a Bid or becomingdata" on which CONTRACTOR is entitled to rely as bound under a negotiated contract; orprovided in paragraph 4.02 is materially inaccurate; orb. the existence of such condition could reasonably have2. is of such a nature as to require a change in the been discovered or revealed as a result of any examination,Contract Documents; orinvestigation, exploration, test, or study of the Site andcontiguous areas required by the Bidding Requirements or3. differs materially from that shown or indicated in the Contract Documents to be conducted by or for CON-Contract Documents; orTRACTOR prior to CONTRACTOR's making such finalcommitment; or4. is of an unusual nature, and differs materially fromconditions ordinarily encountered and genetally recogmized c. CONTRACTOR failed to give the written noticeas inherent in work of the character provided for in the within the time and as required by paragraph 4.03.A.Contract Documents;3. If OWNER and CONTRACTOR are unable to agreethen CONTRACTOR shall, promptly after becoming aware on entitlement to or on the amount or extent if any, of anythereof and before further disturbing the subsurface or adjustment in the Contract Price or Contract Times, or both,physical conditions or performing any Work in connection a Claim may be made therefor as provided in paragraphtherewith (except in an emergency as required by paragraph 10.05. However, OWNER, ENGINEER, and6.16.A), notify OWNER and ENGINEER in writing about ENGINEER's Consultants shall not be liable tosuch condition. CONTRACTOR shall not further disturb CONTRACTOR for any claims, costs, losses, or damagessuch condition or perform any Work in connection (including but not limited to all fees and charges oftherewith (except as aforesaid) until receipt of written order engineers, architects, attorneys, and other professionals andto do so.all court or arbitration or other dispute resolution costs)sustained by CONTRACTOR on or in connection with anyB. ENGINEER's Review: After receipt of written other project or anticipated project.notice as required by paragraph 4.03,A, ENGINEER willpromptly review the pertinent condition, determine the 4.04 Underground Facilitiesnecessity of OWNER's obtaining additional exploration ortests with respect thereto, and advise OWNER in writingA. Shown or Indicated: The information and data(with a copy to CONTRACTOR) of ENGINEER's findings shown or indicated in the Contract Documents with respectand conclusions,to existing Underground Facilities at or contiguous to theSite is based on information and data furnished to OWNERC. Possible Price and Times Adjustments or ENGINEER by the owners of such Underground Facilities,including OWNER, or by others, Unless it is otherwiseI. The Contract Price or the Contract Times, or both, will expressly provided in the Supplementary Conditions:be equitably adjusted to the extent that the existence of suchdiffering subsurface or physical condition causes an in- 1. OWNER and ENGINEER shall not be responsible forcrease or decrease in CONTRACTOR's cost of, or time the accuracy or completeness of any such information orrequired for, performance of the Work; subject, however, to data; andthe following:2, the cost of all of the following will be included in thea. such condition must meet any one or more of the Contract Price, and CONTRACTOR shall have fullcategories described in paragraph 4.03.A; andresponsibility for:EJCDC No. 1910-8 (1996 Edition) 007200- 12w/ JJG Modifications (Rev03/06/08)

a. reviewing and checking all such information and data, and preserve the established reference points and propertymonuments, and shall make no changes or relocationsb. locating all Underground Facilities shown or indicated without the prior written approval of OWNER.in the Contract Documents,CONTRACTOR shall report to ENGINEER whenever anyreference point or property monument is lost or destroyed orc. coordination of the Work with the owners of such Un- requires relocation because of necessary changes in gradesderground Facilities, including OWNER, during construction,andor locations, and shall be responsible for the accuratereplacement or relocation of such reference points orproperty monuments by professionally qualified personnel.d. the safety and protection of all such UndergroundFacilities and repairing any damage thereto resulting from B. ENGINEER may check the lines, elevations,the Work. reference marks, batter boards, etc.. set byCONTRACTOR, and CONTRACTOR shall correct anyB. Not Shown or Indicated errors disclosed by such check. Such a check shall not beconsidered as approval of CONTRACTOR's work and1. If an Underground Facility is uncovered or revealed at shall not relieve CONTRACTOR of the responsibility foror contiguous to the Site which was not shown or indicated, accurate construction of the entire Work.or not shown or indicated with reasonable accuracy in the CONTRACTOR shall furnish personnel to assistContract Documents, CONTRACTOR shall, promptly after ENCiINEER in checkinz lines and 2rades.becoming aware thereof and before further disturbingconditions affected thereby or performing any Work in 4.06 Hazardous Environmental Condition at Siteconnection therewith (except in an emergency as requiredby paragraph 6.16.A), identify the owner of such Under- A. Reports and Drawings. Reference is made to theground Facility and give written notice to that owner and to Supplementary Conditions for the identification of thoseOWNER and ENGINEER. ENGINEER will promptly reports and drawings relating to a Hazardous Environmentalreview the Underground Facility and determine the extent, Condition identified at the Site, if any, that have beenif any, to which a change is required in the Contract utilized by the ENGINEER in the preparation of theDocuments to reflect and document the consequences of the Contract Documents.existence or location of the Underground Facility. Duringsuch time, CONTRACTOR shall be responsible for theB. Limited Reliance by CONTRACTOR on Technicalsafety and protection of such Underground Facility.Data Authorized- CONTRACTOR may rely upon thegeneral accuracy of the "technical data" contained in such2. If ENGINEER concludes that a change in the Contract reports and drawings, but such reports and drawings are notDocuments is required, a Work Change Directive or a Contract Documents. Such "technical data" is identified inChange Order will be issued to reflect and document such the Supplementary Conditions. Except for such reliance onconsequences. An equitable adjustment shall be made in such "technical data," CONTRACTOR may not rely uponthe Contract Price of Contract Times, or both, to the extent or make any Claim against OWNER, ENGINEER or any ofthat they are attributable to the existence or location of any ENGINEER's Consultants with respect to:Underground Facility that was not shown or indicated or notshown or indicated with reasonable accuracy in the Contract 1. the completeness of such reports and drawings forDocuments and that CONTRACTOR did not know of and CONTRACTOR's purposes, including, but not limited to,could not reasonably have been expected to be aware of or any aspects of the means, methods, techniques, sequencesto have anticipated. If OWNER and CONTRACTOR are and procedures of construction to be employed byunable to agree on entitlement to or on the amount or extent, CONTRACTOR and safety precautions and programsif any, of any such adjustment in Contract Price or Contract incident thereto; orTimes, OWNER or CONTRACTOR may make a Claimtherefor as provided in paragraph 10.05, 2. other data, interpretations, opinions and informationcontained in such reports or shown or indicated in such4.05 Reference Points drawings; orA. OWNER shall provide engineering surveys to 3. any CONTRACTOR interpretation of or conclusionestablish reference points for construction which in drawn from any "technical data" or any such other data,ENGINEER's judgment are necessary to enable CON- interpretations, opinions or information.TRACTOR to proceed with the Work. CONTRACTORshall be responsible for laying out the Work, shall protectEJCDC No. 1910-8 (1996 Edition) 007200- 13w/ JJG Modifications (RevO3/06/08)

C. CONTRACTOR shall not be responsible for any G. To the fullest extent permitted by Laws andHazardous Environmental Condition uncovered or revealed Regulations, OWNER shall indemnify and hold harmlessat the Site which was not shown or indicated in Drawings or CONTRACTOR, Subcontractors, ENGINEER,Specifications or identified in the Contract Documents to be ENGINEER's Consultants and the officers, directors,within the scope of the Work. CONTRACTOR shall be partners, employees, agents, other consultants, andresponsible for a Hazardous Environmental Condition subcontractors of each and any of them from and against allcreated with any materials brought to the Site by CON- claims, costs, losses, and damages (including but not limitedTRACTOR, Subcontractors, Suppliers, or anyone else for to all fees and charges of engineers, architects, attorneys,whom CONTRACTOR is responsible.and other professionals and all court or arbitration or otherdispute resolution costs) arising out of or relating to aD. If CONTRACTOR encounters a Hazardous Hazardous Environmental Condition, provided that suchEnvironmental Condition or if CONTRACTOR or anyone Hazardous Environmental Condition: (i) was not shown orfor whom CONTRACTOR is responsible creates a indicated in the Drawings or Specifications or identified inHazardous Environmental Condition, CONTRACTOR the Contract Documents to be included within the scope ofshall immediately: (i) secure or otherwise isolate such the Work, and (ii) was not created by CONTRACTOR orcondition; (ii) stop all Work in connection with such by anyone for whom CONTRACTOR is responsible.condition and in any area affected thereby (except in an Nothing in this paragraph 4.06.E shall obligate OWNER toemergency as required by paragraph 6.16); and (iii) notify indemnify any individual or entity from and against theOWNER and ENGINEER (and promptly thereafter confirm consequences of that individual's or entity's own neglisuchnotice in writing). OWNER shall promptly consult gence.with ENGINEER concerning the necessity for OWNER toretain a qualified expert to evaluate such condition or take H. To the fullest extent permitted by Laws andcorrective action, if any.Regulations, CONTRACTOR shall indemnify and holdharmless OWNER, ENGINEER, ENGINEER's Consul-E. CONTRACTOR shall not be required to resume tants, and the officers, directors, partners, employees,Work in connection with such -condition or in any affected agents, other consultants, and subcontractors of each andarea until after OWNER has obtained any required permits any of them from and against all claims, costs, losses, andrelated thereto and delivered to CONTRACTOR written damages (including but not limited to all fees and charges ofnotice: (i) specifying that such condition and any affected engineers, architects, attorneys, and other professionals andarea is or has been rendered safe for the resumption of all court or arbitration or other dispute resolution costs)Work; or (ii) specifying any special conditions under which arising out of or relating to a Hazardous Environmentalsuch Work may be resumed safely. If OWNER and Condition created by CONTRACTOR or by anyone forCONTRACTOR cannot agree as to entitlement to or on the whom CONTRACTOR is responsible. Nothing in thisamount or extent, if any, of any adjustment in Contract Price paragraph 4.06.F shall obligate CONTRACTOR toor Contract Times, or both, as a result of such Work stop- indemnify any individual or entity from and against thepage or such special conditions under which Work is agreed consequences of that individual's or entity's own neglitobe resumed by CONTRACTOR, either party may make a gence.Claim therefor as provided in paragraph 10.05.I. The provisions of paragraphs 4.02, 4.03, and 4.04F. If after receipt of such written notice are not intended to apply to a Hazardous EnvironmentalCONTRACTOR does not agree to resume such Work Condition uncovered or revealed at the Site.based on a reasonable belief it is unsafe, or does not agreeto resume such Work under such special conditions, thenOWNER may order the portion of the Work that is in the ARTICLE 5 - BONDS AND INSURANCEarea affected by such condition to be deleted from theWork. If OWNER and CONTRACTOR cannot agree as to 5.01 Performance, Payment, and Other Bondsentitlement to or on the amount or extent, if any, of anadjustment in Contract Price or Contract Times as a resultA. CONTRACTOR shall fUinsh performance andof deleting such portion of the Work, then either party may payment Bonds, each in an amount at least equal to themake a Claim therekwntherelore as provided in paragraph Contract Price as security for the faithful performance and10.05. OWNER may have such deleted portion of the payment of all CONTRACTOR's obligations under theWork performed by OWNER's own forces or others in Contract Documents. These Bonds shall remain in effect ataccordance with Article 7.least until one year after the date when final payment ismade by the OWNERbeeonis-d , except as providedotherwise by Laws or Regulations or by the ContractEJCDC No. 1910-8 (1996 Edition) 007200- 14w/ JJG Modifications (Rev03/06/08)

Documents. CONTRACTOR shall also furnish such other 5.03 Certificates of InsuranceBonds as are required by the Contract Documents.A. CONTRACTOR shall deliver to OWNER, withB. All Bonds shall be in the form prescribed by the copies to each additional insured identified in the Supple-Contract Documents except as provided otherwise by Laws mentary Conditions, certificates of insurance (and otheror Regulations, and shall be executed by such sureties as are evidence of insurance requested by OWNER or any othernamed in the current list of "Companies Holding Certifi- additional insured) which CONTRACTOR is required tocates of Authority as Acceptable Sureties on Federal Bonds purchase and maintain. OWNER shall deliver toand as Acceptable Reinsuring Companies" as published in CONTRACTOR, with copies to each additional insuredCircular 570 (amended) by the Financial Management identified in the Supplementary Conditions, certificates ofService, Surety Bond Branch, U.S. Department of the insurance (and other evidence of insurance requested byTreasury. All Bonds signed by an agent must be CONTRACTOR or any other additional insured) whichaccompanied by a certified copy of such agent's authority to OWNER is required to purchase and maintain.act.5.04 CONTRACTOR's Liability InsuranceC. If the surety on any Bond furnished by CON-TRACTOR is declared bankrupt or becomes insolvent or itsA. CONTRACTOR shall purchase and maintain suchright to do business is terminated in any state where any part liability and other insurance as is appropriate for the Workof the Project is located or it ceases to meet the being performed and as will provide protection from claimsrequirements of paragraph 5.01.B, CONTRACTOR shall set forth below which may arise out of or result fromwithin 20 days thereafter substitute another Bond and CONTRACTOR's performance of the Work andsurety, both of which shall comply with the requirements of CONTRACTOR's other obligations under the Contractparagraphs 5.01.B and 5.02. Documents, whether it is to be performed byCONTRACTOR, any Subcontractor or Supplier, or by5.02 Licensed Sureties andInsurers anyone directly or indirectly employed by any of them toperform any of the Work, or by anyone for whose acts anyA. All Bonds and insurance required by the Contract of them may be liable:Documents to be purchased and maintained by OWNER orCONTRACTOR shall be obtained from surety or insurance 1. claims under workers' compensation, disabilitycompanies that are duly licensed or authorized in the benefits, and other similar employee benefit acts;jurisdiction in which the Project is located to issue Bonds orinsurance policies for the limits and coverages so required. 2. claims for damages because of bodily injury,Such surety and insurance companies shall also meet such occupational sickness or disease, or death ofadditional requirements and qualifications as may be CONTRACTOR's employees;provided in the Supplementary Conditions. Surety andinsurance companies from which the bonds and insurance 3. claims for damages because of bodily injury, sicknessfor this Project are purchased shall have a Best's rating of or disease, or death of any person other thanno less than A: XVII, in addition to the other requirements CONTRACTOR's employees;specified herein.4. claims for damages insured by reasonably availableB. Such surety and insurance companies shall also personal injury liability coverage which are sustained: (i) bymeet additional requirements and qualifications as any person as a result of an offense directly or indirectlyprovided below: related to the employment of such person byCONTRACTOR, or (ii) by any other person for any other1. All Bonds, insurance contracts, and reason;certificates of insurance shall be either executed by orcountersigned by a licensed resident aient of the surety or 5. claims for damages, other than to the Work itself,insurance company having its place of business in the because of injury to or destruction of tangible propertystate in which the proiect is located and in all ways wherever located, including loss of use resulting therefrom;complying with the insurance laws of the state in which andthe proicct is located.6. claims for damages because of bodily injury or death ofany person or property damage arising out of the ownership,maintenance or use of any motor vehicle.EJCDC No. 1910-8 (1996 Edition) 007200-15w/ JJG Modifications (Rev03/06/08)

B. The policies of insurance so required by this 5.05 OWNER's Liability Insuranceparagraph 5.04 to be purchased and maintained shall:A- In addition to the insurance required to be provided by1. with respect to insurance required by paragraphs CONTRACTOR under paragraph 5.04,5.04.A.3 through 5.04.A.6 inclusive, include as additional OWNERCONTRACTOR shall, at OWN.ER's option, mayinsureds (subject to any customary exclusion in respect of purchase and maintain at OIWNER's expense OWNER'sprofessional liability) OWNER, ENGINEER, ENGINEER's own liability insurance as will protect OWNER againstConsultants, and any other individuals or entities identified claims which may arise from operations under the Contractin the Supplementary Conditions, all of whom shall be listed Documents.as additional insureds, and include coverage for the respectiveofficers, directors, partners, employees, agents, and 5.06 Property Insuranceother consultants and subcontractors of each and any of allsuch additional insureds, and the insurance afforded to these A. CONTRACTOR shall purchase and maintainadditional insureds shall provide primary coverage for all propert v insurance upon the Work at the site, written onclaims covered thereby;the completed value form, in an amount equal to the totalbid price for the completed construction.A Unless -2. include at least the specific coverages and be written Otherwise provided inl the Supplemenitafy Ctnditins,for not less than the limits of liability provided in the OM/NER shall pur.hase and aintain propert in.uranc.Supplementary Conditions or required by Laws or upon the Wrki at the Site in the an.unt of th. _fulRegulations, whichever is greater; replacement Cost...r..f (subject to such.d.ductibamo4unts as may be provided in the Supplementa"y3. include completed operations insurance; Cnditienao r required by Laws and Regulations). Thisinsurance shall:4. include contractual liability insurance coveringCONTRACTOR's indemnity obligations under paragraphs 1. include the interests of OWNER, CONTRACTOR,6.07, 6.11, and 6.20; Subcontractors, ENGINEER, ENGINEER's Consultants,and any other individuals or entities identified in the5. contain a provision or endorsement that the coverage Supplementary Conditions, and the officers, directors,afforded will not be canceled, materially changed or partners, employees, agents, and other consultants andrenewal refused until at least thirty days prior written notice subcontractors of each and any of them, each of whom ishas been given to OWNER and CONTRACTOR and to deemed to have an insurable interest and shall be listed aseach other additional insured identified in the an additional insured;Supplementary Conditions to whom a certificate ofinsurance has been issued (and the certificates of insurance 2. be written on a Builder's Risk "all-risk" or open perilfurnished by the CONTRACTOR pursuant to paragraph or special causes of loss policy form that shall at least5.03 will so provide); include insurance for physical loss or damage to the Work,temporary buildings, false work, and materials and6. remain in effect at least until final payment and at all equipment in transit, and shall insure against at least thetimes thereafter when CONTRACTOR may be correcting, following perils or causes of loss: fire, lightning, extendedremoving, or replacing defective Work in accordance with coverage, theft, vandalism and malicious mischief,paragraph 13.07; andearthquake, collapse, debris removal, demolition occasionedby enforcement of Laws and Regulations, water damage,7. with respect to completed operations insurance, and and such other perils or causes of loss as may be specificallyany insurance coverage written on a claims-made basis, required by the Supplementary Conditions;remain in effect for at least two years after final payment(and CONTRACTOR shall furnish OWNER and each other 3. include expenses incurred in the repair or replacementadditional insured identified in the Supplementary of any insured property (including but not limited to feesConditions, to whom a certificate of insurance has been and charges of engineers and architects);issued, evidence satisfactory to OWNER and any suchadditional insured of continuation of such insurance at final 4. cover materials and equipment stored at the Site or atpayment and one year thereafter).another location that was agreed to in writing by OWNERprior to being incorporated in the Work, provided that suchmaterials and equipment have been included in anApplication for Payment recommended by ENGINEER;EJCDC No. 1910-8 (1996 Edition) 007200- 16w/ JJG Modifications (RevO3/06/08)

5. allow for partial utilization of the Work by OWNER; E. Deleted. . if 4NTRACTOR1 requests in AT"ir.gthat Othcr sfeial insv-rancee be included in the propeAr,6. include testing and startup; and insurance pelicics provided unade paragrph 5.06, OWN Rshall, if possible, include such iiswanee, and the east7. be maintained in effect until final payment is made thereof will be charged tW CONTPACTOR by appropRiateunless otherwise agreed to in writing by OWNER, Change Order or Writtenl Amendment. Prr to cAMCONTRACTOR, and ENGINEER with 30 days written .no.ment of the Work at the Site, OWNER shall innotice to each other additional insured to whom a certificate ATiting advise CONTRACTOR whether or nt sc h othirof insurance has been issued.in .rr bee b.pr.d by OW NER.B. Deleted. P. O47NRt shall purchase and maintain 5.07 Waiver of Rightssueh boiler and maehinery insurance or additional pFrperinsuance as may be required by Lhe Supp!mentay Cendi A. Deleted.A. OWNER and CONTRACTORions or Laws and RegulAions which will include the intend that all pelicieas purchased in ....... it h p..ainterests o ,ALNER. CONTRACTOR, Sucontractor. .aph 5.06 'sill protect O3AER, CONTRACTOR,ENGINEER. ENGINEER's CoGnsultants, and any ether Subcontrnctors, ENGI1NEER, ENGINEER's Consultants,individuals or entities identified in the Supplementary and all ether individuals or entities identified in the SuppleConditions, each ef whom is deefmed to have an insurable ..e..tary. Ckfnldition..s to be listed as insureds Or additionalinterest and shall be listed as An, in-uivdi or additional insufe(4o (andI the afficcz, difeetef, paftners, employees,in . agents, and other casltatnts and subcontractors of each andany of thei) in such policies and Will pr..id prilaryC. Certificates acceptable to the OWNER shall be attached eeverage for all losses and datmages caused by the perils orto the signed Contract Documents when they are transmitted causes of ss ored thereby. All such policies shallto the OWNER for execution. All certificates of insurance es..tain pe.isins to toe effect that in the event of paymentissued in conjunction with this Contract shall contain the of any, los or d. .ge toe insurefs ill have no rightst .statement that "Coverages afforded under the policies shall recover against any of the inseds or additional i..redsnot be cancelled unless at least 60 days prior to cancellation therouF.der. OVhJER and cONTpRCTOR wai'e al rghtswritten notice has been Q4iven to the OWNER, ENGINEER, against each ot;her and their respective officers, directors,and each additional insured as evidenced by receipts of p..ers, employees, agents, and other e...t.. t andregistered or certified mail."s.u."be Fawtos of eh and any Of theli f o all lescs anddamages caused by, arising out afarf resuting From. arly ofC. All the polieieg ofr rrtiane (and the certifiistesor the perils or caues f ls ewo. e b5d such policies and anyether .vi.. ... required to be purchased and other prope insurance applcable to the Wrlk and, inmai in aeerdanee>th parzagaph 5.06 will contan. additionl, waive aill such rights againist Sbo~cosprevision orat.the ti.n.........cevorage . af .Ld wll ENGINEER, ENGINEER's Consulant, and All othene.t be eancoled or nlaterally changed or renewal reffsed individuals or entities iden;ified in the sc...cn......ta.until at least 30 days prior wr4iten notice has been given-to Co9nditions to be litdas insureds Or additional inisurediOVNER and CONTRACTOR and to each other additionnl (and .a the offi.. direeton;, . pa.ters, e... pl... , gents andinsured t cA4om a certificate of insurance has been issaed other consultants and subcontractoa of each and any otan.dwl.w provsions inac Wth then) under such policies for leases and taff.gs so caused.paagraph447No.ne of the above waiver:; shl extend to the rights tatan~y pa y fnring suceh waiver may; have to the p~eeeeD. Deleted. D. OWNER shall noat be eso nsible forinsurc e held by OWNER .erwise as trstee or payablepure.as g an.d maintaining any prope .nsurae ander any poliy so issued.specified in this ptagraph 5.06 to preect the interests ofCONTRACTOR, Subco1tractor.s, or others in the Work to B. OWNER waives all rights againstthe extent of anv deductible amounts r.t are. identified in CONTRACTOR, Subcontractors, ENGINEER,t Supplemntary Conditicns. The risk of los within such ENGINEER's Consultants, and the officers, directors,identified ded"ctihle anHount w;'ill be boin-he by CON partners, employees, agents, and other consultants andT.CTOR, Subcontractors, or others suffiering any such subcontractors of each and any of them for:loss, sand if anly of diem wishes froperzty insuraieez.ergewithin :he li-it" of such amounts, each may pzurchase ai.dmaintain it at the purchaser's ov, experse,1. loss due to business interruption, loss of use, or otherconsequential loss extending beyond direct physical loss ordamage to OWNER's property or the Work caused by,EJCDC No. 1910-8 (1996 Edition) 007200-17w/ JJG Modifications (Rev03/06/08)

arising out of, or resulting from fire or other peril whether A. If OWNER has any objection to the coverageor not insured by OWNER; andafforded by or other provision of the insurance required tobe purchased and maintained by CONTRACTOR in2. loss or damage to the completed Project or part thereof accordance with this Article 5 on the basis of its notcaused by, arising out of, or resulting from fire or other complying with the Contract Documents. OWNER willinsured peril or cause of loss covered by any property notify CONTRACTOR in writing there of within ten daysinsurance maintained on the completed Project or part of the date of delivery of such certificate to OWNER inthereof by OWNER during partial utilization pursuant to accordance with paragraph 2.05. CONTRACTOR willparagraph 14.05, after Substantial Completion pursuant to provide such additional information in respect ofparagraph 14.04, or after final payment pursuant to insurance provided by CONTRACTOR as OWNER mayparagraph 14.07.reasonably recuestA. If either OWNER or CONTR CTOR has any objection to the coverage afforded by or otherC. Any insurance policy maintained by OWNER provisions of the Bonds or inPF :;ranc required to becovering any loss, damage or consequential loss referred to purchased and maintained by the other party in accordancein paragraph 5.07.B shall contain provisions to the effect wi'th Article 5 on the basis of non cvnf rnance vith thethat in the event of payment of any such loss, damage, or Contract Documen.ts, the objecting pa rt shall so noti' theconsequential loss, the insurers will have no rights of other party in .'.tiag within 10 days after receipt of therecovery against CONTRACTOR, Subcontractors, cetificates (or other evidenc e Fe uested) required byENGINEER, or ENGINEER's Consultants and the officers, paragraph 2.05.G. OWNER and CONTRXPCTOR shalldirectors, partners, employees, agents, and other consultants each provide to the other s uc additional infcnmation inand subcontractors of each and any of them.respect of insurance provided as the other may reasonablyrequest. If either pat does not purchawseo ma.intain all of5.08 Receipt and Application ofInsurance Proceeds the Bonds and insua nce required of suh party by the ConTfact DOGeRicnts, such pa" shall noti6' the otherc P", inA. Deleted, A. Any isured loss under the policies of .iting Of such failure to purchase pfrio to the st4 of theinsurance required by pF'agraph 5.06 will be adjusted with Work, or of such failure to n.intain pior to any.. change inOVALNJER and made pay able to OWNEfR as ficia'4fo the the required coverage. Without prejudice to aniy othier Fightinsureds, as their inteests ay appear, suibject to the or remedy, the other: part) mfay, elect to obtain equivalenrequirements of any applicable mortgage clause and t B nd or insurance to protect such other par."°s interests atpm-agraph 5.08A2. ONER shall deposit in ae t the expense of the party who was required topFo.ide- ,sc.acouent any Money so reei.ed and hall.. dis. f... iineerage, and. a Change Ordershall be issued to adjust theaccordanc 'ith tool; agreement as the parties imtcrest Contact Price accordingly.nmy reach. if no other special ageer..ent is reached, thedamaged Work shall he repaired or rfeplaced, the moneys so 5.10 Partial Utilization, Acknowledgment of Propertyreceived applied en acco unt.heeo a...nd theW r.k and. InsurerPAti.e~rf covered by an appropriate Change Order orWritten Amendment,A. If OWNER finds it necessary to occupy or use aportion or portions of the Work prior to SubstantialB, Deleted. B. O NER as fiduciar, shall have ..... t Completion of all the Work as provided in paragraph 14.05,ajust and se 1 an lo I .. with . the is..e unless one. oft no such use or occupancy shall commence before theparte~s in .nerest shall object in .Titing within is days afge insurers providing the property insurance pursuant tothe occurren.e of loss to OWN'ER's exercise of this power. paragraph 5.06 have acknowledged notice thereof and inIf: "eh objection be made, OWNER as fiduciafsh ll writing effected any changes in coverage necessitatedmake settlement with the insurers in accordance '.t such thereby. The insurers providing the property insurance shallageement as the paien ...ees. -. , each. i fno .such consent by endorsement on the policy or policies, but theagrccmruat among the paities in interest is reached, O'.'ThEP property insurance shall not be canceled or permitted toas fiduciarY shall adjut, .ad set4l@ the los w.th the lsi .. r lapse on account of any such partial use or occupancy.and, if required in wting by afay part.. in interest, OWNERas .......g' shall give bond for the Proper performance osuch duties.5.09 Acceptance of Bonds and Insurance; Option toReplaceEJCDC No. 1910-8 (1996 Edition) 007200- 18w/ JJG Modifications (Rev03/06/08)

ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES6.02 Labor; Working Hours6.01 Supervision and SuperintendenceA. CONTRACTOR shall provide competent, skilledA. CONTRACTOR shall supervise, provide quality suitably qualified personnel to survey, lay out, and constructcontrol inspect, and direct the Work competently and the Work as required by the Contract Documents. CONefficiently,devoting such attention thereto and applying TRACTOR shall at all times maintain good discipline andsuch skills and expertise as may be necessary to perform the order at the Site. CONTRACTOR shall, upon demandWork in accordance with the Contract Documents. CON- from the ENGINEER, immediately remove any manager,TRACTOR shall be solely responsible for the means, superintendent, foreman or workman whom themethods, techniques, sequences, and procedures of ENGINEER or OWNER may consider incompetent orconstruction, but CONTRACTOR shall not be responsible undesirable.for the negligence of OWNER or ENGINEER in the designor specification of a specific means, method, technique, B. Except as otherwise required for the safety orsequence, or procedure of construction which is shown or protection of persons or the Work or property at the Site orindicated in and expressly required by the Contract adjacent thereto, and except as otherwise stated in theDocuments. CONTRACTOR shall be responsible to see Contract Documents, all Work at the Site shall bethat the completed Work complies accurately with the performed during regular working hours, and CON-Contract Documents. TRACTOR will not permit overtime work or theperformance of Work on Saturday, Sunday, or any legalB. At all times during the progress of the Work, holiday without OWNER's written consent (which will notCONTRACTOR shall assign a competent resident superin- be unreasonably withheld) given after prior written notice totendent thereto who shall not be replaced without written ENGINEER.notice to OWNER and ENGINEER except underextraordinary circumstances. The CONTRACTOR shall C. Regular workiny hours are defined as 8 hours perdesignate, in writing, a representative, hereinafter referred day, Monday through Friday, excluding holidays,to as superintendent, assigned to the site on a full-time occurring between the hours of 7:00 AM and 7:00 PM.basis during execution of the Work who shall have Requests to work other than regular working hours shallauthority to act on behalf of CONTRACTOR, including be submitted to ENGINEER not less than 48 hours priorexecuting the orders or directions of the ENGINEER to any proposed weekend work or scheduled extendedwithout delay. This representative shall have full work weeks. Occasional unscheduled overtime onauthority to promptly supply products, tools, plant weekdays may be permitted provided two hours notice isequipment, and labor as may be required to diligently given to ENGINEER.prosecute the Work. All communications given to orreceived from the stuperintendent shall be binding on 6.03 Services, Materials, and EquipmentCONTRACTOR. If at any time during the Project thesuperintendent leaves the Project site while Work is inA. Unless otherwise specified in the General Reprogress,ENGINEER shall be notified and provided with quirements, CONTRACTOR shall provide and assume fullthe name of the CONTRACTOR's representative having responsibility for all services, materials, equipment, labor,responsible chargte. transportation, construction equipment and machinery,tools, appliances, fuel, power, light, heat, telephone, water,C. The CONTRACTOR shall desi~aate the person sanitary facilities, temporary facilities, and all otherresponsible for CONTRACTOR's quality control while facilities and incidentals necessary for the performance,Work is in progress. ENGINEER shall be notified in quality control, testing, start-up, and completion of thewriting prior to any change in quality control representative Work.assitnent. B. At all tfir.zg during th c progress of theWorkIE, CONTRACTOR shall assign a ,ompetent resident B. All materials and equipment incorporated into thesup..n..dei.t thereto "h shall not be replaced "witht Work shall be as specified or, if not specified, shall be of-'itten notice to OWNER and ENGINEER except ttndcreaarfdifi3': circums ----- cc - The stifirint~dnt ,will begood quality and new, except as otherwise provided in theContract Documents. All warranties and guaranteesCONTPACTOPR's representativ' at the Site and shall have specifically called for by the Specifications shall expresslyauthority to act an behalf of CONTRACTOR. Al! run to the benefit of OWNER. If required by ENGINEER,aes.....noen given q or received frem the supein CONTRACTOR shall furnish satisfactory evidencetencnt s;hall be binding en: CONTRACTOR.(including reports of required tests) as to the source, kind,and quality of materials and equipment. All materials andEJCDC No. 1910-8 (1996 Edition) 007200- 19w/ JJG Modifications (Rev03/06/08)

equipment shall be stored, applied, installed, connected, is f ;llowed by words reading tha no like, equivalena rerected, protected, used, cleaned, and conditioned in "or equal" ite or no substittion is pF-.ttd, ether tmsaccordance with instructions of the applicable Supplier, of m erial or equ4pment or material Or equipnent of etherexcept as otherwise may be provided in the Contract Docu- Supplierfs may be subn'5ted to ENGINEER for revitvments. wder the c n eseibed beloy'-D. C TRCTRshall omploy only competenit 1 . -0U' Erqu" Items:- If in ENGINEER's sale discretionpersons to do0 toe 'Aork AnId whlenever OVAhTER shall an item of material or eqiipmnent proposed by CONnotiftCONTRACTOR, in writing, that any person on the TRACTOR is f;rctinally equal. to that named an dWorkE apporFs to be inomffpetenlt, disordry, Or otherwise sufcetysmlrs that po ch4ange in related WorkJ wijlunsatisf.. o Fs, such person shall be .rmoved from the be required, it may be considered by ENGPT F _E as an.Project and shall not again be employed on it ecxeept with "or O equl" item, in which case review and approval of thethP consent Rf A*'ThJER.proposed item may, in ENGlNEE9R's sole discretion, beaccomplished without compliance with sonee or all of *theC. Without limiting the responsibility or liability of the requirementsfr ap 3r o .su prp.. bttute items. Fe.CONTRACTOR pursuant to this agreement, all warranties the putoses of this pa~graph 6.95.A. !, a proposed item ofgiven by manufacturers on materials or equipment material or equipment will be ensid.er.d f.actionally equalincorporated in the work are hereby assigned by the to an item so "a ned if:CONTRACTOR to the Owner. Such assignment shallbe effective upon completion of Contractor's warranty a. in the exorcise of reasonable judgment ENGINEERperiod. If requested, the CONTRACTOR shall execute determines that: 6) it is at least equal in qL.lit, durabilt ,formal assignments of said manufacturer's warranties to .ppearanec, se..h ., and design haraG@ristis; (ii) it Willthe Owner, All such warranties shall be directly reliably p fefom at least equally well the fi:etion imposedenforceable by the Owner. Such assignment shall in no by t.. design iconcept of the completed Project as away affect the Contractor's responsibilities and duties'Thole, aanctioningand;during the wan anty period.b. CONTR -ACTOR etrifies that: (i) there i~s no increase6.04 Progress Schedule in cot. 4 to t ONR; and (ii) it will conformsubstantially, even with deviations, to the detailedA. CONTRACTOR shall adhere to the progress requirements of the item m iaed in the Contract Documents.schedule established in accordance with paragraph 2.07 as itmay be adjusted from time to time as provided below. . S-bstilute ]tem1. CONTRACTOR shall submit to ENGINEER for a. If in ENGINEER's soWe disretioHn a. itR.M 4 materialacceptance (to the extent indicated in paragraph 2.07),or . q..pment proposed by CONTRACTOR doe; netproposed adjustments in the progress schedule that will not qua as an "or equal" item under pem--ph 6.9. A.1, itresult in changing the Contract Times (or Milestones). Such 'will be considered a p.pos.d substiwte item.adjustments will conform generally to the progress schedulethen in effect and additionally will comply with any provi- b. CONTRACTOR shall submit sufficienm infnnation assions of the General Requirements applicable thereto. prv-ided below to allow ENGINEER to t .. i that theitem sf ;4ater-ial or equipment preposed is esscntmlly2. Proposed adjustments in the progress schedule that will equivalent to that na.ed and an aceptable substittchange the Contract Times (or Milestones) shall be therefor. Requests far revie;y of proposed suhstitat itis.submitted in accordance with the requirements of Article of naterial or equipment will net be accepted by-ENGl-12. Such adjustments may only be made by a Change Order NEER &am anyo.e other tl n CONTRACTOR...or Written Amendment in accordance with Article 12.e.The procedurfe for review, by ENCIEER ill be a-6.05 Deleted 6.05S.b..... s 2 ..." > qua" set forth in paragraph 6,05.A.2.d, as sppl p....d , in theGertejlal Requirements anid as ENGINEE R may decide isA. When.r an ite-- of m"ei' or cqu.fflmnt is appropriate andorthe cir mstanc.specified or described in the Contract Docuiments by uisingthe name of a p.op.ie- item or thc names f a paftioular I. CONTRACTOR shall .;t F.. make ien appieaeon. toSupplier, the specification Or descriptin is intended to ENGINEER for r''iev.r of a p-oposed substitate item ofestablish the tsre, f.inetion., appearance, and quality materia.l or equipment th a CONTRACTOR seek.;. to fur.ishreqtuired. Unless the speeifi cation or description eontains or or Use. The application shall certify that the praeosedEJCDC No. 1910-8 (1996 Edition) 007200-20w/ JJG Modifications (Rev03/'06/08)

substitte item will perform adequately the funetions andachieve the results called for by the general design, be E. EAGL...R'. C10# Re44ibw r..... ENGINPERsimilar in substancee to that specified, anid be suited to the v.4ll reor PA timeA required by ENGINEEFR Andsame uie as that sVecified. The applicotien ;,41 state the ENGINER'- Consultants in ev~aluating substteproposedextent, if any, to which the use of the proposed substitt or submitted by CONTRACTOR pursuant to paragrahsitem will prejudice CONTRACTOR's achievef.ent o0 6.05.2 and 6.05.24 an.d in n..ing changes in; the C.OntfastSubstanltial Comffpletion en time,. wAhether Or rot uSe Of the DocumeRn (Or in thle previsionS of any ether direct contractproposed substimate item in the Work0FI will require a changew..ith OWINER for worik ont the Project) ocasioned thereby.in a.y ef the Contract Documents (or in the provisions eV.......r. not EN.NEER appro.es a substitu.te item soany other direct cen11Fact with O9IER, for worl, on the proposed or submitted b3y CONTRACTOR, CONProject) to adapt the design to the proposed substitute item TRACR-TO shall reimurs 01 T1ER for the chargeLs Ofand. whether Or not ineoa:oration or "ue of the proposed ENGINEER and NG IN ER':G; Conultants for evaluatingsubstitute item in eouaeetioa with the WorAk is subject to eahsc rooe 4usitute.payment Of any license fee Ar rOyalty. All yaations of thep .OPO.O..uibstitute iem farom that specified v.411 e ideni .1. CON TRCTO.R p CONTRAC.TOR shallfled in the applicai, and a .ailable engineering, sales, provide all data in support of an) proposed substitute ormaintenanee, rFePa., and. replacem entservices will hetr ea at.C......TOR.s expnseindicated. The application will al'o cRntain an itemizedes:timllate Of all costs Or credits that will reAut directly or 6.06 Concerning Subcontractors, Suppliers, and Othersindirectly from use of-such sbttt tm nldn otof redesign and claims of other ecntractors affected by an) A. CONTRACTOR shall not employ any Subconresultingchange, all of 'vhis h .41 be considered 5 tractor, Supplier, or other individual or entity (includingENGNEr . in ev.....n1 the pr-posed s ite. those acceptable to OWNER as indicated in paragraphEN( N1 ER ay r' equire CONTRACTOR tO fHi'41 6.06.B), whether initially or as a replacement, against whomadditional data abou t the proposed substitute im.OWNER may have reasonable objection. CONTRACTORshall not be required to employ any Subcontractor, Supplier,B. Deleted S:,bsetzt Ccust:v, tip Artads or or other individual or entity to furnish or perform any of therh-s... rt:if a pecific mean., m.ethod, techique, s Work against whom CONTRACTOR has reasonablequene, or procedure of onot..tion is showni or indicated objection.in and4 express5 requiaed by the C ontract Doetuatfflis.CONTRACTOR may' fraish or utilize a s'ubstitute means, B. Deleted. if the Supplementam' Conditions requiremethod, teehi.ique, sequence, r procedure of cantetin the-identity of cefainapproved by ENGIEER. CONTRACTOR sha ubmit individtal or ettic, to he submitted to OWNER insufficienlt infi~atian to alo sA EN SGINEER, in advancie for acceptance by 0'TR by a spcceifed dateENGINEER's sole discretion, to detenranie that the ptior to the Effective Date of the Agreemert, and itsubstitte proposed is eq.ivalent to that e.prcssly c.aled fr CONTRPXCTOR hias subm.itied a list thefef in ae ordaneby the Contract Pocument.9. The procedure for review by with the Supplementag' Conditions, 0VALJER's aceeptaneENGINER ;N411 be similar to that provided in subpara (either in writing er by faling to mae witen obje tionaph 6.5.A.2thefeo by the date indicated for. ac.eptance or objection inthe Bidding Docuetnt or the Contract Docetft) Of any9C. Engihot ..... v0 .E4aton:- ENGI I EER wil be sch Subcontracter, Supplier, or ether individual or nityal..owed a .... time . within which to ealuat each so identified May be revoked an the basi of reasonablefroposal Or oubm+ittl mfade pu.rsu.ant to paragrapehs 60- objectien after due investigation. CONT..A... . . shalland 6.05.B. ENGEINFER will be the sole judge of weept submit an acceptable replaement for the rejectedability. N. "or eual" or substitute will be "rdred, Subcontractor, Supplier, or other individual or entily, andinistalled or utilized uintil EN(CILER's review is emplete, the Contacat Price YAIl be adjusted by the difference in. the'hiEch will be ev'idpeed by either a Change Order forcost occasioned by such replacemontff, and an appropriatesubStimte Or an approved Shop Drawing for an a "" r uChe"age Order will be issued Or Written Panendmcut signed.E NGINEERZ will adv ise CONTRACTOR ini Arting ofany No acceptance by OIWNER of any such Subcontractor,negativ eSupplier-.,r other individual or entity, w.hether initially or asa replacement, shall constitte a .vaiver of any right otD. Sffcci&'[ C Hjwlfoee.: OVsER aya r qair CON OV.hIER Or ENGINEER te reject defetiw'e Wari.TRACTO:R to ft-'Hish at CONTRACTOR> pspecial peh " an..e guarantee ... thei t....... Aith r .p C. CONTRACTOR shall be fully responsible toto ai)' sabstitte.OWNER and ENGINEER for all acts and omissions of theEJCDC No. 1910-8 (1996 Edition) 007200-21w/ JJG Modifications (RcO03/06/08)

Subcontractors, Suppliers, and other individuals or entities perils or causes of loss covered by such policies and anyperforming or furnishing any of the Work just as other property insurance applicable to the Work. If theCONTRACTOR is responsible for CONTRACTOR's own insurers on any such policies require separate waiver formsacts and omissions. Nothing in the Contract Documents to be signed by any Subcontractor or Supplier, CONTRACshallcreate for the benefit of any such Subcontractor, TOR will obtain the same.Supplier, or other individual or entity any contractualrelationship between OWNER or ENGINEER and any such H. Specialty Subcontractors: The CONTRACTORSubcontractor, Supplier or other individual or entity, nor shall utilize the services of Specialty Subcontractors onshall it create any obligation on the part of OWNER or those parts of the Work which, under normal contractingENGINEER to pay or to see to the payment of any moneys practices. are best perforaed by Specialty Subcontractors,due any such Subcontractor, Supplier, or other individual or as required by the ENGINEER in ENGINEER'S soleentity except as may otherwise be required by Laws and discretion, at no additional cost to the OWNER. If theRegulations. CONTRACTOR desires to perform specialty work,CONTRACTOR shall submit a request to the ENGINEER,D. CONTRACTOR shall be solely responsible for accompanied by evidence that the CONTRACTOR'S ownscheduling and coordinating the Work of Subcontractors, organization has successfully performed the type of work inSuppliers, and other individuals or entities performing or question, is presently competent to perform the type offurnishing any of the Work under a direct or indirect work. and the performance of the work by Specialtycontract with CONTRACTOR.Subcontractors will result in materially increased costs orinordinate delays.E. CONTRACTOR shall require all Subcontractors,Suppliers, and such other individuals or entities performing 6.07 Patent Fees and Royaltiesor furnishing any of the Work to communicate with ENGI-NEER through CONTRACTOR. OWNER or ENGINEER A. CONTRACTOR shall pay all license fees andmay furnish to any such Subcontractor, Supplier or other royalties and assume all costs incident to the use in theperson or organization, to the extent practicable, performance of the Work or the incorporation in the Workinformation about amounts paid on their behalf to of any invention, design, process, product, or device whichCONTRACTOR in accordance with CONTRACTOR's is the subject of patent rights or copyrights held by others.Applications for Pa,,ment.If a particular invention, design, process, product, or deviceis specified in the Contract Documents for use in theF. The divisions and sections of the Specifications performance of the Work and if to the actual knowledge ofand the identifications of any Drawings shall not control OWNER or ENGINEER its use is subject to patent rights orCONTRACTOR in dividing the Work among Subcon- copyrights calling for the payment of any license fee ortractors or Suppliers or delineating the Work to be royalty to others, the existence of such rights shall beperformed by any specific trade,disclosed by OWNER in the Contract Documents. To thefullest extent permitted by Laws and Regulations,G. All Work performed for CONTRACTOR by a CONTRACTOR shall indemnify and hold harmlessSubcontractor or Supplier will be pursuant to an appropriate OWNER, ENGINEER, ENGINEER's Consultants, and theagreement between CONTRACTOR and the Subcontractor officers, directors, partners, employees or agents, and otheror Supplier which specifically binds the Subcontractor or consultants of each and any of them from and against allSupplier to the applicable terms and conditions of the claims, costs, losses, and damages (including but not limitedContract Documents for the benefit of OWNER and to all fees and charges of engineers, architects, attorneys,ENGINEER. Whenever any such agreement is with a and other professionals and all court or arbitration or otherSubcontractor or Supplier who is listed as an additional dispute resolution costs) arising out of or relating to anyinsured on the property insurance provided in paragraph infringement of patent rights or copyrights incident to the5.06, the agreement between the CONTRACTOR and the use in the performance of the Work or resulting from theSubcontractor or Supplier will contain provisions whereby incorporation in the Work of any invention, design, process,the Subcontractor or Supplier waives all rights against product, or device not specified in the Contract Documents.OWNER, CONTRACTOR, ENGINEER, ENGINEER'sConsultants, and all other individuals or entities identified in 6.08 Permitsthe Supplementary Conditions to be listed as insureds oradditional insureds (and the officers, directors, partners,A. Unless otherwise provided in the Supplementaryemployees, agents, and other consultants and subcontractors Conditions, CONTRACTOR shall obtain and pay for allof each and any of them) for all losses and damages caused construction permits and licenses. OWNER shall assistby, arising out of, relating to, or resulting from any of the CONTRACTOR, when necessary, in obtaining suchEJCDC No. 1910-8 (1996 Edition) 007200-22w/ JJG Modifications (RevO3/06/08)

permits and licenses. CONTRACTOR shall pay all 6.11 Use of Site and Other Areasgovernmental charges and inspection fees necessary for theprosecution of the Work which are applicable at the time ofA. Limitation on Use ofSite and Other Areasopening of Bids, or, if there are no Bids, on the EffectiveDate of the Agreement. CONTRACTOR shall pay all 1. CONTRACTOR shall confine construction equipment,charges of utility owners for connections to the Work, and the storage of materials and equipment, and the operationsOWNER shall pay all charges of such utility owners for of workers to the Site and other areas permitted by Lawscapital costs related thereto, such as plant investment fees. and Regulations, and shall not unreasonably encumber theSite and other areas with construction equipment or other6.09 Laws and Regulations materials or equipment. CONTRACTOR shall assume fullresponsibility for any damage to any such land or area, or toA. CONTRACTOR shall give all notices and comply the owner or occupant thereof, or of any adjacent land orwith all Laws and Regulations applicable to the areas resulting from the performance of the Work.performance of the Work. Except where otherwiseexpressly required by applicable Laws and Regulations, 2. Should any claim be made by any such owner orneither OWNER nor ENGINEER shall be responsible for occupant because of the performance of the Work,monitoring CONTRACTOR's compliance with any Lawsor Regulations.CONTRACTOR shall promptly settle with such other partyby negotiation or otherwise resolve the claim by arbitrationor other dispute resolution proceeding or at law-B. If CONTRACTOR performs any Work knowingor having reason to know that it is contrary to Laws or 3. To the fullest extent permitted by Laws and Regula-Regulations, CONTRACTOR shall bear all claims, costs, tions, CONTRACTOR shall indemniify and hold harmlesslosses, and damages (including but not limited to all fees OWNER, ENGINEER, ENGINEER's Consultant, and theand charges of engineers, architects, attorneys, and other officers, directors, partners, employees, agents, and otherprofessionals and all court or arbitration or other dispute consultants of each and any of them from and against allresolution costs) arising out of or relating to such Work; claims, costs, losses, and damages (including but not limitedhowever, it shall not be CONTRACTOR's primary to all fees and charges of engineers, architects, attorneys,responsibility to make certain that the Specifications and and other professionals and all court or arbitration or otherDrawings are in accordance with Laws and Regulations, but dispute resolution costs) arising out of or relating to anythis shall not relieve CONTRACTOR of CONTRACTOR's claim or action, legal or equitable, brought by any suchobligations under paragraph 3.03.owner or occupant against OWNER, ENGINEER, or anyother party indemnified hereunder to the extent caused by orC. Changes in Laws or Regulations not known at the based upon CONTRACTOR's performance of the Work.time of opening of Bids (or, on the Effective Date of theAgreement if there were no Bids) having an effect on the B. Removal of Debris During Performance of thecost or time of performance of the Work may be the subject Work: During the progress of the Work CONTRACTORof an adjustment in Contract Price or Contract Times. If shall keep the Site and other areas free from accumulationsOWNER and CONTRACTOR are unable to agree on of waste materials, rubbish, and other debris. Removal andentitlement to or on the amount or extent, if any, of any such disposal of such waste materials, rubbish, and other debrisadjustment, a Claim may be made therefor as provided in shall conform to applicable Laws and Regulations.paragraph 10.05.C. Cleaning: Prior to Substantial Completion of the6.10 Taxes Work CONTRACTOR shall clean the Site and make itready for utilization by OWNER. At the completion of theA. CONTRACTOR shall pay all sales, consumer, Work CONTRACTOR shall remove from the Site all tools,use, and other similar taxes required to be paid by appliances, construction equipment and machinery, andCONTRACTOR in accordance with the Laws and surplus materials and shall restore to original condition allRegulations of the place of the Project which are applicable property not designated for alteration by the Contractduring the performance of the Work.Documents.D. Loading Structures: CONTRACTOR shall notload nor permit any part of any structure to be loaded in anymanner that will endanger the structure, nor shallCONTRACTOR subject any part of the Work or adjacentproperty to stresses or pressures that will endanger it.EJCDC No. 1910-8 (1996 Edition) 007200-23w/ JJG Modifications (Rev03/06/08)

to the acts or omissions of OWNER or ENGINEER or6.12 Record Documents ENGINEER's Consultant, or anyone employed by any ofthem, or anyone for whose acts any of them may be liable,A. CONTRACTOR shall maintain in a safe place at and not attributable, directly or indirectly, in whole or inthe Site one record copy of all Drawings, Specifications, part, to the fault or negligence of CONTRACTOR or anyAddenda, Written Amendments, Change Orders, Work Subcontractor, Supplier, or other individual or entityChange Directives, Field Orders, and written interpretations directly or indirectly employed by any of them).and clarifications in good order and annotated to show CONTRACTOR's duties and responsibilities for safety andchanges made during construction. These record for protection of the Work shall continue until such time asdocuments together with all approved Samples and a all the Work is completed and ENGINEER has issued acounterpart of all approved Shop Drawings will be available notice to OWNER and CONTRACTOR in accordance withto ENGINEER for reference. Upon completion of the paragraph 14.07.B that the Work is acceptable (except asWork, these record documents, Samples, and Shop otherwise expressly provided in connection with SubstantialDrawings will be delivered to ENGINEER for OWNER. Completion). The property, improvements or facilitiesaffected by the CONTRACTOR's work shall be replaced6.13 Safety and Protection or restored to a condition as good as when theCONTRACTOR entered upon the Work. In case ofA. CONTRACTOR shall be solely responsible for failure on the part of the CONTRACTOR to restore suchinitiating, maintaining and supervising all safety precautions property, or make good such damages or injury, theand programs in connection with the Work. OWNER may, after 48 hours written notice, or sooner inCONTRACTOR shall take all necessary precautions for the the case of an emergency, proceed to repair, rebuild, orsafety of, and shall provide the necessary protection to otherwisc restore such property, improvements orprevent damage, injurypollution of. or loss to: facilities as may be deemed necessary. The cost thereofwill be deducted from any monies due or which may1. all persons on the Site or who may be affected by the become due the CONTRACTOR tinder this Contract.Work;6.14 Safety Representative2. all the Work and materials and equipment to beincorporated therein, whether in storage on or off the Site; A. CONTRACTOR shall designate a qualified andandexperienced safety representative at the Site whose dutiesand responsibilities shall be the prevention of accidents and3. other property at the Site or adjacent thereto, including the maintaining and supervising of safety precautions andtrees, shrubs, lawns, walks, pavements, roadways, programs.structures, utilities, and Underground Facilities notdesignated for removal, relocation, or replacement in the 6.15 Hazard Communication Programscourse of construction.A. CONTRACTOR shall be responsible for coordi-B. CONTRACTOR shall comply with all applicable nating any exchange of material safety data sheets or otherLaws and Regulations relating to the safety of persons or hazard communication information required to be madeproperty, or to the protection of persons or property from available to or exchanged between or among employers atdamage, injury, pollution, or loss; and shall erect and main- the Site in accordance with Laws or Regulations.tain all necessary safeguards for such safety and protection.CONTRACTOR shall notify owners of adjacent property 6.16 Emergenciesand of Underground Facilities and other utility owners whenprosecution of the Work may affect them, and shallA. In emergencies affecting the safety or protection ofcooperate with them in the protection, removal, relocation, persons or the Work or property at the Site or adjacentand replacement of their property. All damage, injury, thereto, CONTRACTOR is obligated to act to preventpollution -or loss to any property referred to in paragraph threatened damage, injury, or loss. CONTRACTOR shall6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole give ENGINEER prompt written notice if CONTRACTORor in part, by CONTRACTOR, any Subcontractor, believes that any significant changes in the Work orSupplier, or any other individual or entity directly or variations from the Contract Documents have been causedindirectly employed by any of them to perform any of the thereby or are required as a result thereof If ENGINEERWork, or anyone for whose acts any of them may be liable, determines that a change in the Contract Documents isshall be remedied by CONTRACTOR (except damage or required because of the action taken by CONTRACTOR inloss attributable to the fault of Drawings or Specifications orEJCDC No. 1910-8 (1996 Edition) 007200-24w/ JJG Modifications (Rev03/06/08)

esponse to such an emergency, a Work Change Directive c. all information relative to means, methods, techniques,or Change Order will be issued. sequences, and procedures of construction and safetyprecautions and programs incident thereto; and6.17 Shop DrawingsL-md Samples, and otherSubmittals d. CONTRACTOR shall also have reviewed and coordinatedeach Shop Drawing or Sample with other ShopA. CONTRACTOR shall submit Shop Drawings to Drawings and Samples and with the requirements of theENGINEER for review and approval in accordance with the Work and the Contract Documents.acceptable schedule o-Submittal Schedule (see paragraph2.7)S4op-.aw.gsand-San.ple-bmi.tal. All submittals 2. Each submittal shall bear a stamp or specific writtenwill be identified as ENGINEER may require and in the indication that CONTRACTOR has satisfiednumber of copies specified in the General Requirements. CONTRACTOR's obligations under the ContractThe data shown on the Shop Drawings will be complete Documents with respect to CONTRACTOR's review andwith respect to quantities, dimensions, specified perfor- approval of that submittal.mance and design criteria, materials, and similar data toshow ENGINEER the services, materials, and equipment 3. At the time of each submittal, CONTRACTOR shallCONTRACTOR proposes to provide and to enable give ENGINEER specific written notice of such variations,ENGINEER to review the information for the limited if any, thatthe SubmittalEhop Drawing or Sampbmittedpurposes required by paragraph 6.17.E. may have from the requirements of the ContractDocuments, such notice to be in a written communicationB. CONTRACTOR shall also submit Samples and separate from the submittal; and, in addition, shall cause aother Submittals to ENGINEER for review and approval in specific notation to be made on each Submittalghepaccordance with the acceptable schedule- f Submittal Draw..ing and Sample submittedorovided to the ENGINEERScheduleShop Drawings and Sample .ubmittail . Each for review and approval of each such variation.Sample will be identified clearly as to material, Supplier,pertinent data such as catalog numbers, and the use for E_ ENGINEER's Reviewwhich intended and otherwise as ENGINEER may requireto enable ENGINEER to review the submittal for the 1. ENGINEER will review and approve or disaprovelimited purposes required by paragraph 6.17.E. The Submittals. ENGINEER's review and approval ornumbers of each Sample to be submitted will be as specified disapproval will be only to determine if the items coveredin the Specifications.bv the Submittals will, after installation or incorporation inthe Work, conform to the information Qiven in the ContractC. Where a Shop Drawing or Sample is required by Documents and be compatible with the design concept ofthe Contract Documents or the Submittal Sschedule of the completed Project as a functioning whole as indicatedaccepted by Shop raing. ; a. d Se submittls by the Contract Documents. 1, ENGINEER will timelyaeeptable !E. ENGINEER as required by paragraph 2.07, rview; and appro eSh Drawings and Samples inany related Work performed prior to ENGINEER's review accordance . ith h1. sed ule of Shop Dfawi ns and Samand approval of the pertinent Ssubmittal will be at the sole pIe submittalo acceptable to ENGINEER. ENGINEER'sexpense and responsibility of CONTRACTOR. re.i. and appr.oval will be only to determine if the itemsPvR &FEd by theP subitaittals will, after iristallatiln or-D. Submittal Procedures :neoipomtio in the ork. cofonn. to.F the ifnifcMatingiven in the CGntract Da ',mets a.nd be compatible with1. Before submitting each Shop Drawing or Sample, the design cncept of the completed Projat afa i',ti.e fngCONTRACTOR shall have determined and verified:"hole as indicated by, the Contact Docuen .. t...a. all field measurements, quantities, dimensions, 2. ENGINEER's review and approval or disapproval willspecified performance criteria, installation requirements, not extend to means, methods, techniques, sequences, ormaterials, catalog numbers, and similar information with procedures of construction (except where a particularrespect thereto;means, method, technique, sequence, or procedure of constructionis specifically and expressly called for by theb. all materials with respect to intended use, fabrication, Contract Documnents) or to safety precautions or programsshipping, handling, storage, assembly, and installation incident thereto. The review and approval of a separatepertaining to the performance of the Work;item as such will not indicate approval of the assembly inwhich the item functions.EJCDC No. 1910-8 (1996 Edition) 007200-25wi JJG Modifications (Rev03/06/08)

3. ENGINEER's review and approval of Shop Drawings ments and will not be defective. CONTRACTOR'sor Samples shall not relieve CONTRACTOR from warranty and guarantee hereunder excludes defects orresponsibility for any variation from the requirements of the damage caused by:Contract Documents unless CONTRACTOR has in writingcalled ENGINEER's attention to each such variation at the 1. abuse, modification, or improper maintenance ortime of each submittal as required by paragraph 6.17.D.3 operation by persons other than CONTRACTOR, SubandENGINEER has given written approval of each such contractors, Suppliers, or any other individual or entity forvariation by specific written notatien thereof incorporated in whom CONTRACTOR is responsible; ornr ----- the S...p.ra.ing Or SampleappfelField Order; nor will any approval by ENGINEER 2. normal wear and tear under normal usage.relieve CONTRACTOR from responsibility for complyingwith the requirements of paragraph 6.17.D.l. B. CONTRACTOR's obligation to perform andcomplete the Work in accordance with the ContractF. Resubmittal Procedures Documents shall be absolute. None of the following willconstitute an acceptance of Work that is not in accordance1. CONTRACTOR shall make corrections required by with the Contract Documents or a release ofENGINEER and shall return the required number of cor- CONTRACTOR's obligation to perform the Work inrected copies of Shop Drawings and submit as required new accordance with the Contract Documents:Samples for review and approval. CONTRACTOR shalldirect specific attention in writing to revisions other than the 1. observations by ENGINEER;corrections called for by ENGINEER on previoussubmittals. 2. recommendation by ENGINEER or payment byOWNER of any progress or final payment;2. Excessive Shop Drawing Resublnission: ENGINEERwill record time required by ENGINEER or 3. the issuance of a certificate of Substantial CompletionENGINEER'S Consultants or DESIGNER or by ENGINEER or any payment related thereto by OWN-DESIGNER's Consultants for excessive Submittal review ER;occasioned by CONTRACTOR'S resubmission (in excessof two resubmissions of a required Submittal), caused by 4. use or occupancy of the Work or any part thereof byunverified, unchecked or unreviewed, incomplete, OWNER;inaccurate or erroneous, or nonconforming Submittals.Upon receipt of ENGINEER'S accounting of time and 5. any acceptance by OWNER or any failure to do so;costs, CONTRACTOR will reimburse OWNER for thecharges of ENGINEER or ENGINEER'S Consultants 6. any review and approval of a Shop r..ing or Samlereview for excessive resubmission through set-offs from MubmitlSubmittal or the issuance of a notice of acceptabiltherecommended OWNER payments to CONTRACTOR ity by ENGINEER;as established in paragraph 14.02.D.I.C, of theseSupplementary Conditions. 7. any inspection, test, or approval by others; or6.18 Continuing the Work 8. any correction of defective Work by OWNER.A. CONTRACTOR shall carry on the Work and 6.20 Indemnificationadhere to the progress schedule during all disputes ordisagreements with OWNER. No Work shall be delayed or A. To the fullest extent permitted by Laws andpostponed pending resolution of any disputes or Regulations, CONTRACTOR shall indemnify and holddisagreements, except as permitted by paragraph 15.04 or as harmless OWNER, ENGINEER, ENGINEER's Consul-OWNER and CONTRACTOR may otherwise agree in tants, DESIGNER DESIGNER's Consultants and thewriting.officers, directors, partners, employees, agents, and otherconsultants and subcontractors of each and any of them6.19 CONTRACTOR's General Warranty and from and against all claims, costs, losses, and damagesGuarantee(including but not limited to all fees and charges ofengineers, architects, attorneys, and other professionals andA. CONTRACTOR warrants and guarantees to all court or arbitration or other dispute resolution costs)OWNER, ENGINEER, and ENGINEER's Consultants that arising out of or relating to the performance of the Work,all Work will be in accordance with the Contract Docu- provided that any such claim, cost, loss, or damage:EJCDC No. 1910-8 (1996 Edition) 007200-26w/ JJG Modifications (Rev03/06/08)

1. is attributable to bodily injury, sickness, disease, or ARTICLE 7 - OTHER WORKdeath, or to injury to or destruction of tangible property(other than the Work itself), including the loss of use 7.01 Related Work at Siteresulting therefrom; andA. OWNER may perform other work related to the2. is caused in whole or in part by any negligent act or Project at the Site by OWNER's employees, or let otheromission of CONTRACTOR, any Subcontractor, any direct contracts therefor, or have other work performed bySupplier, or any individual or entity directly or indirectly utility owners. If-such other work is not noted in the Conemployedby any of them to perform any of the Work or tract Documents, then:anyone for whose acts any of them may be liable, regardlessof whether or not caused in part by any negligence or 1. written notice thereof will be given to CONTRACTORomission of an individual or entity indemnified hereunder or prior to starting any such other work; andwhether liability is imposed upon such indemnified party byLaws and Regulations regardless of the negligence of any 2. if OWNER and CONTRACTOR are unable to agreesuch individual or entity.on entitlement to or on the amount or extent, if any, of anyadjustment in the Contract Price or Contract Times thatB. In any and all claims against OWNER or ENGI- should be allowed as a result of such other work, a ClaimNEER or any of their respective consultants, agents, may be made therefor as provided in paragraph 10.05.officers, directors, partners, or employees by any employee(or the survivor or personal representative of such B. CONTRACTOR shall afford each other contractoremployee) of CONTRACTOR, any Subcontractor, any who is a party to such a direct contract and each utilitySupplier, or any individual or entity directly or indirectly owner (and OWNER, if OWNER is performing the otheremployed by any of them to perform any of the Work, or work with OWNER's employees) proper and safe access toanyone for whose acts any of them may be liable, the the Site and a reasonable opportunity for the introductionindemnification obligation under paragraph 6.20.A shall not and storage of materials and equipment and the execution ofbe limited in any way by any limitation on the amount or such other work and shall properly coordinate the Worktype of damages, compensation, or benefits payable by or with theirs. Unless otherwise provided in the Contractfor CONTRACTOR or any such Subcontractor, Supplier, Documents, CONTRACTOR shall do all cutting, fitting,or other individual or entity under workers' compensation and patching of the Work that may be required to properlyacts, disability benefit acts, or other employee benefit acts. connect or otherwise make its several parts come togetherand properly integrate with such other work. CON-C. The indemnification obligations of CONTRAC- TRACTOR shall not endanger any work of others byTOR under paragraph 6.20.A shall not extend to the cutting, excavating, or otherwise altering their work and willliability of ENGINEER and ENGINEER's Consultants or only cut or alter their work with the written consent ofDESIGNER or DESIGNER's Consultants to the officers, ENGINEER and the others whose work will be affected.directors, partners, employees, agents, and other consultants The duties and responsibilities of CONTRACTOR underand subcontractors of each and any of them arising out of:this paragraph are for the benefit of such utility owners andother contractors to the extent that there are comparable1. the preparation or approval of, or the failure to prepare provisions for the benefit of CONTRACTOR in said director approve, maps, Drawings, opinions, reports, surveys,Change Orders, designs, or Specifications; orcontracts between OWNER and such utility owners andother contractors.2. giving directions or instructions, or failing to give C. If the proper execution or results of any part ofthem, if that is the primary cause of the injury or damage.CONTRACTOR's Work depends upon work performed byothers under this Article 7, CONTRACTOR shall inspectD. CONTRACTORS, Subcontractors, Suppliers and such other work and promptly report to ENGINEER inothers on the Proiect, or their sureties, shall maintain no writing any delays, defects, or deficiencies in such otherdirect action against the ENGINEER or DESIGNER, their work that render it unavailable or unsuitable for the properofficers, employees, affiliated corporations, consultants, execution and results of CONTRACTOR's Work.and Subcontractors, for any claim arising out of, in CONTRACTOR's failure to so report will constitute anconnection with, or resultinti from the engineerinu acceptance of such other work as fit and proper forservices performed. Only the OWNER will be the integration with CONTRACTOR's Work except for latentbeneficiary of any undertaking by the ENGINEER.defects and deficiencies in such other work.EJCDC No. 1910-8 (1996 Edition) 007200-27w/ JJG Modifications (Rev03/06/08)

7.02 Coordination ENGINEER's Consultants DESIGNER. DESIGNER'sConsultants or the officers, directors, employees, agents,A. If OWNER contracts with others for the performance or other consultants of each and any of them or permit anyof other work on the Site, the CONTRACTOR shall attend action against any of them to be maintained and continuedand participate in coordination meetings with the other on- in its name or for its benefit in any court or before anysite contractors. If OWNER intends to contract vth other mediator or arbitrator which seeks to impose liability onfor the perfarmance of oher erk an tonhe Project at the Site, or to recover damages from OWNER, ENGINEER, orthe following will be set forth in SupplementuayConditions: ENGINEER's Consultants DESIGNER, DESIGNER'sConsultants or the officers, directors, employees, agents,1. t1e indi'-idual or entity who "ill have .ad authorityor other consultants of each and any of them on account ofresponsibility for coordination of the activit mong th" any such damage or claim. If CONTRACTOR is delayedva'iatswintractar ill l be identified;at any time in performing or furnishing Work by any actor neglect of a separate contractor and OWNER and2. the specific matters ta be overed by:uchauthorityand CONTRACTOR are unable to agree as to the extent ofrespansibilitywil be itemi.ed; andany adjustment in Contract Times attributable thereto,CONTRACTOR may make a claim for an extension of- the optont of such autharity enid responsibilities'ellbetimes in accordance with Article 12. An extension of thepContractTimes shall be CONTRACTOR's exclusiveremedy with respect to OWNER, ENGINEER, andB. Unless otherwise provided in the Supplementary ENGINEER's Consultants and the officers, directors,Conditions, OWNER shall have sole authority and respon- employees, agents, or other consultants of each and any ofsibility for such coordination,them for any delay, disruption, interference or hindrancecaused by any separate contractor. This paragraph doesC. Should CONTRACTOR cause damage to the not prevent recovery from OWNER, ENGINEER orwork or property of any separate contractor at the site, or ENGINEER's Consultant for activities that are theirshould any claim arising out of CONTRACTOR's respectiveits responsibilities.performance of the Work at the site be made by anyseparate contractor against CONTRACTOR, OWNER, ARTICLE 8 - OWNER'S RESPONSIBILITIESENGINEER, or ENGINEER's Consultants, DESIGNER,DESIGNER's Consultants or any other person, 8.01 Communications to ContractorCONTRACTOR shall promptly attempt to settle withsuch other contractor by agreement, or to otherwise A. Except as otherwise provided in these Generalresolve the dispute by mediation, arbitration, or at law, Conditions, OWNER shall issue all communications toCONTRACTOR shall, to the fullest extent permitted by CONTRACTOR through ENGINEER.Laws and Regulations, indemnify and hold OWNER,ENGINEER, and ENGINEER's Consultants DESIGNER, 8.02 Replacement of ENGINEERDESIGNER's Consultants and the officers, directors,employees, agents, and other consultants of each and anyA. In case of termination of the employment ofof them harmless from and against all claims, costs, losses ENGINEER, OWNER shall appoint an engineer towhamand damages. (including, but not limited to, all fees and CONTPXCTOR make:: no reascnablc objection, whosecharges of engineers, architects, attorneys and other status under the Contract Documents shall be that of theprofessionals and all court or arbitration or other dispute former ENGINEER.resolution costs) arising directly, indirectly orconsequentially out of or resulting from any action, legal 8.03 Furnish Dataor equitable, brought by any separate contractor againstOWNER, ENGINEER, or ENGINEER's Consultants A. OWNER shall promptly furnish the data requiredDESIGNER. DESIGNER's Consultants or the officer's, of OWNER under the Contract Documents.directors, employees, agents, or other consultants of eachand any of them to the extent based on a claim arising out 8.04 Pay Promptly When Dueof CONTRACTOR's performance of the Work. Should aseparate contractor cause damage to the Work or propertyA. OWNER shall make payments to CONTRACTORof CONTRACTOR or should the performance of work by promptly when they are due as provided in paragraphsany separate contractor at the site give rise to any other 14.02.C and 14.07.C.claim, CONTRACTOR shall not institute any action, legalor equitable, against OWNER. ENGINEER orEJCDC No. 1910-8 (1996 Edition) 007200-28w/ JJG Modifications (Rev03/06/08)

8-05 Lands andEasements; Reports and Tests responsibility in respect thereof will be as set forth in theSupplementary Conditions.A. OWNER's duties in respect of providing lands andeasements and providing engineering surveys to establish ARTICLE 9 - ENGINEER'S STATUS DURINGreference points are set forth in paragraphs 4.01 and 4.05. CONSTRUCTIONParagraph 4.02 refers to OWNER's identifying and makingavailable to CONTRACTOR copies of reports of explora- 9.01 OWNER'S Representativetions and tests of subsurface conditions and drawings ofphysical conditions in or relating to existing surface or A. ENGINEER will be OWNER's representativesubsurface structures at or contiguous to the Site that have during the construction period. The duties and responsibeenutilized by ENGINEER in preparing the Contract bilities and the limitations of authority of ENGINEER asDocuments.OWNER's representative during construction are set forthin the Contract Documents and will not be changed without8.06 Insurance written consent of OWNER and ENGINEER.A. OWNER's responsibilities, if any, in respect to pur- 9.02 Visits to Sitechasing and maintaining liability and property insurance areset forth in Article 5.A. ENGINEER will make visits to the Site at intervalsappropriate to the various stages of construction as8.07 Change Orders ENGINEER deems necessary in order to observe as anexperienced and qualified design professional the progressA. OWNER is obligated to execute Change Orders as that has been made and the quality of the various aspects ofindicated in paragraph 10.03.CONTRACTOR's executed Work. Based on informationobtained during such visits and observations, ENGINEER,8.08 Inspections, Tests, and Approvals for the benefit of OWNER, will determine, in general, if theWork is proceeding in accordance with the ContractA. OWNER's responsibility in respect to certain Documents. ENGINEER will not be required to makeinspections, tests, and approvals is set forth in paragraph exhaustive or continuous -inspections on the Site to check13.03.B.the quality or quantity of the Work. ENGINEER's effortswill be directed toward providing for OWNER a greater8.09 Limitations on OWNER's Responsibilities degree of confidence that the completed Work will conformgenerally to the Contract Documents. On the basis of suchA. The OWNER shall not supervise, direct, or have visits and observations, ENGINEER will keep OWNERcontrol or authority over, nor be responsible for, informed of the progress of the Work and will endeavor toCONTRACTOR's means, methods, techniques, sequences, guard OWNER against defective Work.or procedures of construction, or the safety precautions andprograms incident thereto, or for any failure of CON- B. ENGINEER's visits and observations are subjectTRACTOR to comply with Laws and Regulations applica- to all the limitations on ENGINEER's authority andble to the performance of the Work. OWNER will not be responsibility set forth in paragraph 9.10, and particularly,responsible for CONTRACTOR's failure to perform the but without limitation, during or as a result of ENGINEER'sWork in accordance with the Contract Documents. visits or observations of CONTRACTOR's WorkENGINEER will not supervise, direct, control, or have8.10 Undisclosed Hazardous Environmental authority over or be responsible for CONTRACTOR'sConditionmeans, methods, techniques, sequences, or procedures ofconstruction, or the safety precautions and programsA. OWNER's responsibility in respect to an undis- incident thereto, or for any failure of CONTRACTOR toclosed Hazardous Environmental Condition is set forth in comply with Laws and Regulations applicable to theparagraph 4.06.performance of the Work.8.11 Evidence of Financial Arrangements 9.03 Project RepresentativeA. If and to the extent OWNER has agreed to furnish A. If OWNER and ENGINEER agree, ENGINEERCONTRACTOR reasonable evidence that financial will furnish a Resident Project Representative to assistarrangements have been made to satisfy OWNER's ENGINEER in providing more extensive observation of theobligations under the Contract Documents, OWNER's Work. The responsibilities and authority and limitationsEJCDC No. 1910-8 (1996 Edition) 007200-29w/ JJG Modifications (Rev03/06/08)

thereon of any such Resident Project Representative andassistants will be as provided in paragraph 9.10 and in theSupplementary Conditions. If OWNER designates anotherrepresentative or agent to represent OWNER at the Site paragraph 10.05.who is not ENGINEER's Consultant, agent or employee,the responsibilities and authority and limitations thereon of 9.06 Rejecting Defective Worksuch other individual or entity will be as provided in theSupplementary Conditions.or extent, if any, of any adjustment in the Contract Price orContract Times, or both, as a result of -a Field Order, aClaim may be made dwe-therefore as provided inA. ENGINEER will have authority to disapprove orreject Work which ENGINEER believes to be defective, orB. The Resident Project Representatives will be that ENGINEER believes will not produce a completedauthorized to observe all Work done and all products Project that conforms to the Contract Documents or thatfurnished, including preparation, fabrication and will prejudice the integrity of the design concept of themanufacture of the products to be used, but the Resident completed Project as a functioning whole as indicated byProject Representatives will not be authorized to alter or the Contract Documents. ENGINEER will also havewaive any requirements of the Contract Documents. The authority to require special inspection or testing of the WorkResident Project Representatives may reiect products or as provided in paragraph 13.04, whether or not the Work issuspend the Work until any queslion at issue can be fabricated, installed, or completed.referred to and decided by the ENGINEER.R-,ENGINEER Ai1! furmih a Resident Prjct 907 Shop Drawings, Change Orders and PaymentsRepesetatveand assistants to assist ENGINEER inobserilg the pe.rffmane Of the. Wor.F The duties and A. In connection with ENGINEER's authority as torespsnsibilities of the Resident Preject Representative will Shop Drawings and Samples, see paragraph 6.17.be as enu-meraited in a doeureent enild"Duties,Responsibilities and Limitations of the Autherity of B. In connection with ENGINEER's authority as toResident Project Representative" as ataphpd tH the end of Change Orders, see Articles 10, 11, and 12.C. In connection with ENGINEER's authority as to9.04 Clarifications and Interpretations Applications for Payment, see Article 14.A. ENGINEER will issue with reasonable promptness 9.08 Determt mationsfor Unit Price Worksuch written clarifications or interpretations of the requirementsof the Contract Documents as ENGINEER mayA. ENGINEER will deternine the actual quantitiesdetermine necessary, which shall be consistent with the and classifications of Unit Price Work performed byintent of and reasonably inferable from the Contract Docu- CONTRACTOR. ENGINEER will review with CONments.Such written clarifications and interpretations will TRACTOR the ENGINEER's preliminary determinationsbe binding on OWNER and CONTRACTOR. If OWNER on such matters before rendering a written decision thereonand CONTRACTOR are unable to agree on entitlement to (by recommendation of an Application for Payment oror on the amount or extent, if any, of any adjustment in the otherwise). ENGINEER's written decision thereon will beContract Price or Contract Times, or both, that should be final and binding (except as modified by ENGINEER toallowed as a result of a written clarification or interpre- reflect changed factual conditions or more accurate data)tation, a Claim may be made tiire4Ptthcrefore as provided upon OWNER and CONTRACTOR, subject to thein paragraph 10.05. provisions of paragraph 10.05.9.05 Authorized Variations in Work 9.09 Decisions on Requirements oJ ContractDocuments and Acceptability of WorkA. ENGINEER may authorize minor variations in theWork from the requirements of the Contract DocumentsA. ENGINEER will be the initial interpreter of thewhich do not involve an adjustment in the Contract Price or requirements of the Contract Documents and judge of thethe Contract Times and are compatible with the design acceptability of the Work thereunder. Claims, disputes andconcept of the completed Project as a functioning whole as other matters relating to the acceptability of the Work, theindicated by the Contract Documents. These may be quantities and classifications of Unit Price Work, theaccomplished by a Field Order and will be binding on interpretation of the requirements of the ContractOWNER and also on CONTRACTOR, who shall perform Documents pertaining to the performance of the Work, andthe Work involved promptly. If OWNER and CONTRAC- Claims seeking changes in the Contract Price or ContractTOR are unable to agree on entitlement to or on the amount Times will be referred initially to ENGINEER in writing, inEICDC No. 1910-8 (1996 Edition) 007200-30w/ JJG Modifications (Rev03/06/08)

accordance with the provisions of paragraph 10.05, with arequest for a formal decision.results certified indicate compliance with, the ContractDocuments.B. When functioning as interpreter and judge under E. The limitations upon authority and responsibilitythis paragraph 9.09, ENGINEER wil not show partiality to set forth in this paragraph 9.10 shall also apply toOWNER or CONTRACTOR and will not be liable in ENGINEER's Consultants, Resident Project Repreconnectionwith any interpretation or decision rendered in sentative, and assistants.good faith in such capacity. The rendering of a decision byENGINEER pursuant to this paragraph 9.09 with respect to ARTICLE 10 - CHANGES IN THE WORK: CLAIMSany such Claim, dispute, or other matter (except any whichhave been waived by the making or acceptance of final 10.01 Authorized Changes in the Workpayment as provided in paragraph 14.07) will be a conditionprecedent to any exercise by OWNER or CONTRACTOR A. Without invalidating the Agreement and withoutof such rights or remedies as either may otherwise have notice to any surety, OWNER may, at any time or from timeunder the Contract Documents or by Laws or Regulations in to time, order additions, deletions, or revisions in the Workrespect of any such Claim, dispute, or other matter.by a Written Amendment, a Change Order, or a WorkChange Directive. Upon receipt of any such document,9.10 Limitations on ENGINEER's Authority and CONTRACTOR shall promptly proceed with the WorkResponsibilitiesinvolved which will be performed under the applicableconditions of the Contract Documents (except as otherwiseA. Neither ENGINEER's authority or responsibility specifically provided).under this Article 9 or under any other provision of theContract Documents nor any decision made by ENGINEER 1. OWNER may, in anticipation of possibly ordering anin good faith either to exercise or not exercise such addition, deletion or revision to the Work, requestauthority or responsibility or the undertaking, exercise, or CONTRACTOR to prepare a proposal of cost and times toperformance of any authority or responsibility by perform OWNER's contemplated changes in the Work.ENGINEER shall create, impose, or give rise to any duty in CONTRACTOR's written proposal shall be transmitted tocontract, tort, or otherwise owed by ENGINEER to the ENGINEER promptly, but not later than fourteen daysCONTRACTOR, any Subcontractor, any Supplier, any after CONTRACTOR's receipt of OWNER's writtenother individual or entity, or to any surety for or employee request and shall remain a firm offer for a period not lessor agent of any of them.than fourtv-five days after receipt by ENGINEER.B. ENGINEER will not supervise, direct, control, or 2. CONTRACTOR is not authorized to proceed on anhave authority over or be responsible for CONTRACTOR's OWNER contemplated change in the Work prior tomeans, methods, techniques, sequences, or procedures of CONTRACTOR's receipt of a Chance Order (or Workconstruction, or the safety precautions and programs Change Directive) incomorating such chance into theincident thereto, or for any failure of CONTRACTOR to Work.comply with Laws and Regulations applicable to the performanceof the Work. ENGINEER will not be responsible 3. OWNER's request for proposal or CONTRACTOR'sfor CONTRACTOR's failure to perform the Work in accor- failure to submit such proposal within the required timedance with the Contract Documents.period will not justify a claim for an adjustment inContract Price or Contract Time for Milestones).C. ENGINEER will not be responsible for the acts oromissions of CONTRACTOR or of any Subcontractor, any 4. The OWNER shall not be liable to theSupplier, or of any other individual or entity performing CONTRACTOR for any costs associated with theany of the Work. preparation of proposal associated with OWNER'Scontemplated changes in the Work.D. ENGINEER's review of the final Application forPayment and accompanying documentation and all mainte- B. If OWNER and CONTRACTOR are unable tonance and operating instructions, schedules, guarantees, agree on entitlement to, or on the amount or extent, if any,Bonds, certificates of inspection, tests and approvals, and of an adjustment in the Contract Price or Contract Times, orother documentation required to be delivered by paragraph both, that should be allowed as a result of a Work Change14.07.A will only be to determine generally that their Directive, a Claim may be made therefor as provided incontent complies with the requirements of, and in the case paragraph 10.05.of certificates of inspections, tests, and approvals that theEJCDC No. 1910-8 (1996 Edition) 007200-31w/ JJG Modifications (Rev03/06/08)

10.02 Unauthorized Changes in the Work2. the Change Order constitutes fill mutual accord andA. CONTRACTOR shall not be entitled to an satisfaction for the change to the Work:increase in the Contract Price or an extension of theContract Times with respect to any work performed that is 3. no reservation of rights to pursue subsequent claimsnot required by the Contract Documents as amended, on the Change Order will be made by either party; andmodified, or supplemented as provided in paragraph 3.04,except in the case of an emergency as provided in paragraph 4. no subsequent claim or amendment of the Contract6.16 or in the case of uncovering Work as provided in Documents will arise out of or as a result of the Changeparagraph 13.04.B.Order.10.03 Execution of Change Orders 10.04 Notification to SuretyA. OWNER and CONTRACTOR shall execute A. If notice of any change affecting the general scopeappropriate Change Orders recommended by ENGINEER of the Work or the provisions of the Contract Documents(or Written Amendments) covering:(including, but not limited to, Contract Price or ContractTimes) is required by the provisions of any Bond to be1. changes in the Work which are: (i) ordered by given to a surety, the giving of any such notice will beOWNER pursuant to paragraph 10.0l.A, (ii) required CONTRACTOR's responsibility. The amount of eachbecause of acceptance of defective Work under paragraph applicable Bond will be adjusted to reflect the effect of any13.08.A or OWNER's correction of defective Work under such change.paragraph 13.09, or (iii) agreed to by the parties;10.05 Claims and Disputes2. changes in the Contract Price or Contract Times whichare agreed to by the parties, including any undisputed sumA. Notice: Written notice stating the general natureor amount of time for Work actually performed in of each Claim, dispute, or other matter shall be delivered byaccordance with a Work Change Directive; andthe claimant to ENGINEER and the other party to theContract promptly (but in no event later than 10 days) after3. changes in the Contract Price or Contract Times which the start of the occurrence or event3 days) after thF4 seaofembody the substance of any written decision rendered by ;hp-event giving rise thereto. Notice of the amount or extentENGINEER pursuant to paragraph 10.05; provided that, in of the Claim, dispute, or other matter with supporting datalieu of executing any such Change Order, an appeal may be shall be delivered to the ENGINEER and the other party totaken from any such decision in accordance with the the Contract promptly but not later than twenty days afterprovisions of the Contract Documents and applicable Laws the start of the occurrence or event and monthly therafterand Regulations, but during any such appeal, for continuing eventswithin 60 days after the start of schCONTRACTOR shall carry on the Work and adhere to the etent (unless ENGINEER allows additional time forprogress schedule as provided in paragraph 6. 18.A.claimant to submit additional or more accurate data insupport of such Claim, dispute, or other matter). A ClaimB. In signing a Change Order, the OWNER and for an adjustment in Contract Price shall be prepared inCONTRACTOR acknowledge and agree that: accordance with the provisions of paragraph 12.01,B. AClaim for an adjustment in Contract Time shall be preparedi. the stipulated compensation (chanae in Contract Price in accordance with the provisions of paragraph 12.02.B.or Contract Time, or both) set forth in the Change Order Each Claim shall be accompanied by claimant's writtenincludes payment for (i) the Cost of the Work covered by statement that the adjustment claimed is the entirethe Change Order, (iii CONTRACTOR's fee for overhead adjustment to which the claimant believes it is entitled as aand profit, (iii) interruption of progress schedules, (iv) result of said event. The opposing party shall submit anydelay and impact, includine cumulative impact, on other response to ENGINEER and the claimant within 34-10 dayswork under the Contract Documents, and (v) extended after receipt of the claimant's last submittal (unlessoverheads-ENGINEER allows additional time).B. ENGINEER ' Decision: ENGINEER will rendera formal decision in writing within 30 days after receipt ofthe last submittal of the claimant or the last submittal of theopposing party, if any. ENGINEER's written decision onEJCDC No. 1910-8 (1996 Edition) 007200-32wI JJG Modifications (Rev03/06/08)

such Claim, dispute, or other matter will be final and and CONTRACTOR. Such employees shall includebinding upon OWNER and CONTRACTOR unless:without limitation superintendents, foremen, and otherpersonnel employed full time at the Site. Payroll costs for1. an appeal from ENGINEER's decision is taken within employees not employed full time on the Work shall bethe time limits and in accordance with the dispute resolution apportioned on the basis of their time spent on the Work.procedures set forth in Article 16; orPayroll costs shall include, but not be limited to, salariesand wages plus the cost of fringe benefits, which shall2. if no such dispute resolution procedures have been set include social security contributions, unemployment, excise,forth in Article 16, a written notice of intention to appeal and payroll taxes, workers' compensation, health andfrom ENGINEER's written decision is delivered by retirement benefits,-benweqe sick leave, vacation andOWNER or CONTRACTOR to the other and to holiday pay applicable thereto. The expenses of performingENGINEER within 30 days after the date of such decision, Work outside of regular working hours, on Saturday,and a formal proceeding is instituted by the appealing party Sunday, or legal holidays, shall be included in the above toin a forum of competent jurisdiction within 60 days after the the extent authorized by OWNER.date of such decision or within 60 days after SubstantialCompletion, whichever is later (unless otherwise agreed in 2. Cost of all materials and equipment furnished andwriting by OWNER and CONTRACTOR), to exercise such incorporated in the Work, including costs of transportationrights or remedies as the appealing party may have with and storage thereof, and Suppliers' field services required inrespect to such Claim, dispute, or other matter in connection therewith. All cash discounts shall accrue toaccordance with applicable Laws and Regulations.CONTRACTOR unless OWNER deposits funds withCONTRACTOR with which to make payments, in whichC. If ENGINEER does not render a formal decision case the cash discounts shall accrue to OWNER. All tradein writing within the time stated in paragraph 10.05,B, a discounts, rebates and refunds and returns from sale ofdecision denying the Claim in its entirety shall be deemed to surplus materials and equipment shall accrue to OWNER,have been issued 31 days after receipt of the last submittal and CONTRACTOR shall make provisions so that theyof -the claimant or the last submittal of the opposing party, may be obtained.if any.3. Payments made by CONTRACTOR to SubcontractorsD. No Claim for an adjustment in Contract Price or for Work performed by Subcontractors. If required byContract Times (or Milestones) will be valid if not OWNER, CONTRACTOR shall obtain competitive bidssubmitted in accordance with this paragraph 10.05.from subcontractors acceptable to OWNER and CON-TRACTOR and shall deliver such bids to OWNER, whoARTICLE 1 - COST OF THE WORK; CASH will then determine, with the advice of ENGINEER, whichALLOWANCES: UNIT PRICE WORKbids, if any, will be acceptable. If any subcontract providesthat the Subcontractor is to be paid on the basis of Cost of11.01 Cost of the Work the Work plus a fee, the Subcontractor's Cost of the Workand fee shall be determined in the same manner asA. Costs Included: The term Cost of the Work means CONTRACTOR's Cost of the Work and fee as provided inthe sum of all costs necessarily incurred and paid by CON- this paragraph 11.01.TRACTOR in the proper performance of the Work. Whenthe value of any Work covered by a Change Order or when 4. Costs of special consultants (including but not limiteda Claim for an adjustment in Contract Price is determined to engineers, architects, testing laboratories, surveyors,on the basis of Cost of the Work, the costs to be reimbursed attorneys, and accountants) employed for servicesto CONTRACTOR will be only those additional or specifically related to the Work.incremental costs required because of the change in theWork or because of the evcnt giving rise to the Claim. 5. Supplemental costs including the following:Except as otherwise may be agreed to in writing byOWNER, such costs shall be in amounts no higher than a. The proportion of necessary transportation, travel, andthose prevailing in the locality of the Project, shall include subsistence expenses of CONTRACTOR's employeesonly the following items, and shall not include any of the incurred in discharge of duties connected with the Work.costs itemized in paragraph 11.01 .B.b. Cost, including transportation and maintenance, of all1. Payroll costs for employees in the direct employ of materials, supplies, equipment, machinery, appliances,CONTRACTOR in the performance of the Work under office, and temporary facilities at the Site, and hand toolsschedules of job classifications agreed upon by OWNER not owned by the workers, which are consumned in theEJCDC No. 1910-8 (1996 Edition) 007200-33w/ JJG Modifications (Rev03/06/08)

performance of the Work, and cost, less market value, of rate set forth in the Blue Book if not already included in thesuch items used but not consumed which remain the lease rate. The hours of operation shall be based upon actualproperty of CONTRACTOR-equipment usage to the nearest quarter hour, as recorded bythe ENGINEER.c. Rentals of all construction equipment andmachinery, and the parts thereof whether rented from 5, Leased Equipment when idle (Standby): Idle or standbyCONTRACTOR or others in accordance with rental equipment is equipment on-site or in transit to and from theagreements approved by OWNER with the advice of Work site and necessary to perform the Work under theENGINEER, and the costs of transportation, loading, modification but not in actual use. Idle equipment time, asunloading, assembly, dismantling, and removal thereof All documented by the ENGINEER, shall be paid at the leasingsuch costs shall be in accordance with the terms of said rate determined in 11.01.A.5.C, excluding operational costs.rental agreements. The rental of any such equipment, machinery,or parts shall cease when the use thereof is no 6. Owned and Other Equipment in Use: Equipmentlonger necessary for the Work.rates for owned equipment provided in other thanarm's length transaction shall not exceed the single1. Full rental cost for leased equipment shall not exceed shift hourly costs rate developed in accordance withthe rates listed in the Rental Rate Blue Book published by the CRG and as modified herein for multiple shifts.Equipment Watch, as adjusted to the regional area of the This hourly rate will be paid for each hour theProject. Owned equipment costs shall not exceed the single equipment actually performs work. The hours ofshift rates established in the Cost Reference Guide (CRG) operation shall be based upon actual equipment usagefor Construction Equipment also published by Equipment as recorded by the ENGINEER. It is agreed that thisWatch. The most recent published edition in effect at the rate shall represent payment in full for all thecommencement of the actual equipment use shall be used. CONTRACTOR's direct costs.2. Rates shall apply to equipment in good workingcondition, Equipment not in good condition, or larger than 7. Owned and Other Equipment when Idle (Standby):required, may be rejected by ENGINEER or accepted at Equipment necessary to be on-site to pertorm the Work onreduced rates.single shift operations, but not utilized. shall be paid for at3. Leased Equipment: For equipment leased or rented at the ownership hourly expense rate developed in accordancearm's length transactions from outside vendors, the with the CRG, provided its presence and necessity on-sitemaximum rates shall be determined by the following:has been documented by the ENGINEER. Pawnents for idletime of portions of a normal workday, in coniunction withActual Usage Blue Book Payment Category original contract Work, will not be allowed. In no eventshall the idle time claimed in a day for a particular piece ofLess than 8 hours ttourlv Rate equipment exceed the normal Work or shift scheduleestablished for the Project. It is agreed that this rate shall8 or more hours but represent pavnent in full for all the CONTRACTOR'sless than 7-days Daily Rate direct costs. When ENGINEER determines that theequipment is not needed to continuously remain at the Work7 or more days but site, payment will be limited to the actual hours in use.less than 30 davsWeekly Rate8. Owned and Other Equipment. Multiple Shifts: For30 days or more Monthly Rate multiple shift operations, the CRG single shift total hourlycosts rate shall apply to the operating equipment duringAnn's lcngth rental and lease transactions are those in the first shift. For all subsequent shifts, up to two in a day,which the firm involved in the rental or lease of equipment the operating rate shall be the sum of the total hourly CRGis not associated with, owned by, have common operatine cost and 60 percent of the CRG Ownership andmanagement. directorship, facilities and/or stockholders overhaul expense. Payment for idle or standby time forwith the finn renting the equipment.second and third shifts shall be 20 percent of the CRGownership and overhaul expense.4. Leased Equipment in Use: Actual equipment use time 9. When necessary to obtain owned equipmcnt fromdocumented by the ENGINEER shall be the basis that the sources beyond the Project limits, the actual cost to transferequipment was on and utilized at the Project site. In the equipment to the Work site and return it to its originaladdition to the leasing rate above, equipment operational location will be allowed as an additional item of expense.costs shall be paid at the estimated hourly operating cost Move-in and move-out allowances will not be made forEJCDC No. 1910-8 (1996 Edition) 00 7200-34w/ JJG Modifications (Rev03/06/08)

equipment brought to the Project if the equipment is also requires reconstruction and CONTRACTOR is placed inused on original contract or related Work- If the move-out charge thereof, CONTRACTOR shall be paid for services,destination is not to the original location, the payment for a fee proportionate to that stated in paragraphmove-out will not exceed the payment for the move-in. If 12.01.C.f.Loscs and damaages (and related expasesthe move is made by common carrier, the allowance will be caused by damage to the Work, not compensated bythe anount paid for the freight. If the equipment is hauled insurance or othe:iuie, sustained by CONTRACTOR inwith the CONTRACTOR's own forces, rental will be cnnection . ith the perfoRance ofthe Wo, (exoept lossesallowed for the hauling unit plus the hauling unit operator's and da-m ges within the deductible amounts of prcpe:-wage. If equipment is transferred under its own power, the in a es..blihe. n aEcordance ith pamph 5.06.D),rental will be 75% of the appropriate total hourly costs for proevided such losses and damages have resuIted f-rmthe equipment, without attachments, plus the equipment causes ether than the negligence of CONTRACTOR, anyoperator's wage. Charges for time utilized in servicing Subcontractor, or anyone directly or indirectly emplyed byequipment to ready it for use prior to moving and similaran) of them or for whose acts any of them may be liable.charges will not be allowed s oss. es1hall include settlements made with the 1.itt..n10. Where a breakdown occurs on any piece of owned consent and approval of OWNER. No such los;es,equipment, payment shall cease for that equipment and any danages, and expe nses shall .. be included in the Cost of theother owned equipment idled by the breakdown. If any pa Work for the purpose of dtemai g CONTRACTOR'of the Work is shutdown by the OWNER, standby time willbe paid during non-operatinz hours if diversion ofequipment to other Work is not practicable. ENGINEER g. The cost of utilities, fuel, and sanitary facilities at thereserves the right to cease standby time payment when an Site.extended shutdown is anticipated.11. If a rate has not been established in the CRG for owned h. Minor expenses such as telegrams, long distanceequipment, the CONTRACTOR may: if approved by the telephone calls, telephone service at the Site, expressage,ENGINEER, use the rate of the most similar model found, and similar petty cash items in connection with the Work.considering such characteristics as manufacturer, capacity,horsepower, age, and fuel type, or request Dataquest, Inc. to i. - When the Cost of the Work is used to determinefurnish a written response for a rate on the equipment, the value of a Change Order or of a Claim, the cost ofwhich shall be presented to the ENGINEER for approval, or premiums for additional Bonds and insurance required berequestthe ENGINEER to establish a rate.cause of the changes in the Work or caused by the eventgiving rise to the Claim,d. Sales, consumer, use, and other similar taxes related tothe Work, and for which CONTRACTOR is liable, imposed j. When all the Work is performed on the basis of costbyLaws and Regulations.plus, the costs of premiums for all Bonds and insuranceCONTRACTOR is required by the Contract Documents toe. - Deposits lost for causes other than negligence of purchase and maintain.CONTRACTOR, any Subcontractor, or anyone directly orindirectly employed by any of them or for whose acts any of B. Costs Excluded. The term Cost of the Work shallthem may be liable, and royalty payments and fees for not include any of the following items:permits and licenses.1. Payroll costs and other compensation off - Losses and damages (and related expenses) caused CONTRACTOR's officers, executives, principals (ofby damage to any of the Work that has been completed and partnerships and sole proprietorships), general managers,accepted by the OWNER, not compensated by insurance or engineers, architects, estimators, attorneys, auditors,otherwise, sustained by CONTRACTOR in connection with accountants, purchasing and contracting agents, expediters,the performance and furnishing of the Work. provided they timekeepers, clerks, and other personnel employed byhave resulted fiom causes other than the negligence of CONTRACTOR, whether at the Site or inCONTRACTOR. any Subcontractor, or anyone directly or CONTRACTOR's principal or branch office for generalindirectly employed by any of them or for whose acts any of administration of the Work and not specifically included inthem may be liable. Such losses shall include settlements the agreed upon schedule of job classifications referred to inmade with the written consent and approval of OWNER. paragraph 11.01 .A. I or specifically covered by paragraphNo such losses, damages and expenses shall be included in I 1.0l.A.4, all of which are to be considered administrativethe Cost of the Work for the purpose of detenmining costs covered by the CONTRACTOR's fee.CONTRACTOR'S fee. If. however, any such loss ordamage to the Work that has been accepted by OWNEREJCDC No. 1910-8 (1996 Edition) 007200-35w/ JJG Modifications (RevO3/0608)

2. Expenses of CONTRACTOR's principal and branch B. Prior to final payment, an appropriate Changeoffices other than CONTRACTOR's office at the Site.Order will be issued as recommended by ENGINEER toreflect actual amounts due CONTRACTOR on account of3. Any part of CONTRACTOR's capital expenses, Work covered by allowances, and the Contract Price shallincluding interest on CONTRACTOR's capital employed be correspondingly adjusted.for the Work and charges against CONTRACTOR fordelinquent payments. 11.03 Unit Price Work4. Costs due to the negligence of CONTRACTOR, any A. Where the Contract Documents provide that all orSubcontractor, or anyone directly or indirectly employed by part of the Work is to be Unit Price Work, initially theany of them or for whose acts any of them may be liable, Contract Price will be deemed to include for all Unit Priceincluding but not limited to, the correction of defective Work an amount equal to the sum of the unit price for eachWork, disposal of materials or equipment wrongly supplied, separately identified item of Unit Price Work times theand making good any damage to property.estimated quantity of each item as indicated in the Agreement.The estimated quantities of items of Unit Price Work5. Other overhead or general expense costs of any kind are not guaranteed and are solely for the purpose ofand the costs of any item not specifically and expressly comparison of Bids and determining an initial Contractincluded in paragraphs 11.01.A and 11.01.B. Price. Determinations of the actual quantities andclassifications of Unit Price Work performed byC. CONTRACTOR's Fee. When all the Work is CONTRACTOR will be made by ENGINEER subject toperformed on the basis of cost-plus, CONTRACTOR's fee the provisions of paragraph 9.08.shall be determined as set forth in the Agreement. Whenthe value of any Work covered by a Change Order or when B. Each unit price will be deemed to include ana Claim for an adjustment in Contract Price is determined amount considered by CONTRACTOR to be adequate toon the basis of Cost of the Work, CONTRACTOR's fee cover CONTRACTOR's overhead and profit for eachshall be determined as set forth in paragraph 12.01 C.separately identified item.D. Documentation: Whenever the Cost of the Work C. WNRPor CONTPACT(R May Make R Claifor any purpose is to be determined pursuant to paragraphs fbn an -,-uo..... in th, Contract Price in acordarco with11.01.A and 11.01.13, CONTRACTOR will establish and arag.ph 1005 if-.maintain records thereof in accordance with generallyaccepted accounting practices and submit in a form 1. th queatityofa.y itcmn ofUnit PMico Work-pertbnedacceptable to ENGINEER an itemized cost breakdown by CONTRACTOR differs naicrially ad ipifi.an.l)together with supporting data.feon; the estimated quantity ef such itemi indicated in the11.02 Cash Allowances2. thor"e is n oou'ospiding adjustment with r..pot anyA. It is understood that CONTRACTOR has included other it. af Work; andin the Contract Price all allowances so named in theContract Documents and shall cause the Work so covered to 3. if CONTRACTOR boelie, that CONTRACTOR isbe performed for such sums as may be acceptable to catitlod 4o an.. ir...S i31 Cc-.....t Price as a rosult Of ha vigOWNER and ENGINEER. CONTRACTOR agrees that:inourred additional opense or OWNER heliaves thatOVAJER is entitled to a dorcaase in Contact Prise and the1. the allowances include the cost to CONTRACTOR parties arc unable to agrec as to the amouin of aky suce(less any applicable trade discounts) of materials and inreasc or dcc'eas;.equipment required by the allowances to be delivered at theSite, and all applicable taxes; andARTICLE 12 - CHANGE OF CONTRACT PRICE:CHANGE OF CONTRACT TIMES2. CONTRACTOR's costs for unloading and handling onthe Site, labor, installation costs, overhead, profit, and other 12.01 Change of Contract Priceexpenses contemplated for the allowances have beenincluded in the Contract Price and not in the allowances,A. The Contract Price may only be changed by aand no demand for additional payment on account of any ofthe foregoing will be valid,Change Order or by a Written Amendment. Any Claim foran adjustment in the Contract Price shall be based onwritten notice submitted by the party making the Claim toEJCDC No. 1910-8 (1996 Edition) 007200-36w/ JJG Modifications (Rev03/06/08)

the ENGINEER and the other party to the Contract inaccordance with the provisions of paragraph 10.05.will each be paid a fee of five percent of the amount paid tothe next lower tier Subcontractor;B. The value of any Work covered by a Change d. no fee shall be payable on the basis of costs itemizedOrder or of any Claim for an adjustment in the Contract under paragraphs I 1.01.A.4, 11.01.A.5, and 11.01.B;Price will be determined as- fullwsin the following order ofprecedence: e. the amount of credit to be allowed by CONTRACTORto OWNER for any change which results in a net decrease1. where the Work involved is covered by unit prices in cost will be the amount of the actual net decrease in costcontained in the Contract Documents, by application of plus a deduction in CONTRACTOR's fee by anr amountsuch unit prices to the quantities of the items involved equal to five percent of such net decrease; and(subject to the provisions of paragraph 11.03 ); orf when both additions and credits are involved in any one2. where the Work involved is not covered by unit prices change, the adjustment in CONTRACTOR's fee shall becontained in the Contract Documents or new unit price computed on the basis of the net change in accordance withitems not necessarily derived in accordance with paragraph paragraphs 12.0l.C.2.a through 12.0l .C.2.e, inclusive.11.01, a lump sun value fixed by the OWNER &-Wi--amutudally agreed lump sum (which may include an 12.02 Change of Contract Timesallowance for overhead and profit not necessarily inaccordance with paragraph 12.0l.C.2); or A. The Contract Times (or Milestones) may only bechanged by a Change Order or by a Written Amendment.3. where the Work involved is not covered by unit prices Any Claim for an adjustment in the Contract Times (orcontained in the Contract Documents and when selected by Milestones) shall be based on written notice submitted bythe OW NER ......n..t t a lum..p Sum is rAt ra.hed under the party making the claim to the ENGINEER and the otherparagraph 12.01 .B.2, on the basis of the Cost of the Work party to the Contract in accordance with the provisions of(determined as provided in paragraph 11.01) plus a paragraph 10.05.CONTRACTOR's fee for overhead and profit (determinedas provided in paragraph 12.01,C). B. Any adjustment of the Contract Times (orMilestones) covered by a Change Order or of any Claim forC. CONTRACTOR's Fee: The CONTRACTOR's an adjustment in the Contract Times (or Milestones) will befee for overhead and profit shall be determined as follows: determined in accordance with the provisions of thisArticle 12.1. a mutually acceptable fixed fee; or2. if a fixed fee is not agreed upon, then a fee based on the12.03 Delays Beyond CONTRACTOR's Controlfollowing percentages of the various portions of the Cost of A. Where CONTRACTOR is prevented fromthe Work: except the maximum total allowable cost to completing any part of the Work within the Contract TimesOWNER shall be the Cost of the Work plus a maximum (or Milestones) due to delay beyond the control ofcollective aruegate fee for the CONTRACTOR and all CONTRACTOR, the Contract Times (or Milestones) willtiered Subcontractors of 26.8 percent.be extended in an amount equal to the time lost due to suchdelay if a Claim is made therefor as provided in paragrapha. for costs incurred under paragraphs l1.01.A.1 and 12.02.A. Delays beyond the control of CONTRACTORI1.Ol.A.2, the CONTRACTOR's fee shall be 15 percent;shall include, but not be limited to, acts or neglect byOWNER, acts or neglect of utility owners or otherb. for costs incurred under paragraph 11.01.A.3, the contractors performing other work as contemplated byCONTRACTOR's fee shall be five percent; Article 7, fires, floods, epidemics, abnormal weatherconditions, freight embargo, acts of war (declared or notc. where one or more tiers of subcontracts are on the basis declared). acts of terrorism, or acts of God.of Cost of the Work plus a fee and no fixed fee is agreedupon, the intent of paragraph 12.01.C.2.a is that the Subcon- 12.04 Delays Within CONTRACTOR's Controltractor who actually performs the Work, at whatever tier,will be paid a fee of 15 percent of the costs incurred by suchA. The Contract Times (or Milestones) will not beSubcontractor under paragraphs 11.01.A. l and 11.01.A.2 extended due to delays within the control ofand that any higher tier Subcontractor and CONTRACTOR CONTRACTOR. Delays attributable to and within theEJCDC No. 1910-8 (1996 Edition) 007200-37w/ JJG Modifications (Rev03/06/08)

control of a Subcontractor or Supplier shall be deemed to be A. OWNER, ENGINEER, ENGINEER's Condelayswithin the control of CONTRACTOR.sultants, other representatives and personnel of OWNER,independent testing laboratories, and governmental agencies12.05 Delays Beyond OWNER's and CONTRACTOR's with jurisdictional interests will have access to the Site andControl the Work at reasonable times for their observation,inspecting, and testing. CONTRACTOR shall provideA. Where CONTRACTOR is prevented from them proper and safe conditions for such access and advisecompleting any part of the Work within the Contract Times them of CONTRACTOR's Site safety procedures and(or Milestones) due to delay beyond the control of both programs so that they may comply therewith as applicable.OWNER and CONTRACTOR, an extension of theContract Times (or Milestones) in an amount equal to the 13.03 Tests and Inspectionstime lost due to such delay shall be CONTRACTOR's soleand exclusive remedy for such delay. A. CONTRACTOR is responsible for the initial andsubsequent inspections of CONTRACTOR's Work to12.06 Delay Damages ensure that the Work conforms with the ContractDocuments. CONTRACTOR shall give ENGINEERA. In no event shall OWNER or ENGINEER be timely notice of readiness of the Work for all requiredliable to CONTRACTOR, any Subcontractor, any Supplier, inspections, tests, or approvals and shall cooperate withor any other person or organization, or to any surety for or inspection and testing personnel to facilitate requiredemployee or agent of any of them, for damages arising out inspections or tests. The CONTRACTOR shall establishof or resulting from:an inspection program and a testing plan acceptable to theENGINEER and shall maintain complete inspection and1. delays caused by or within the control of CONTRAC- testing records available to ENGINEERTOR; orB. OWNER shall employ and pay for the services of2. delays beyond the control of both OWNER and an independent testing laboratory to perform all non-CONTRACTOR including but not limited to fires, floods, CONTRACTOR inspections, tests, or approvals required byepidemics, abnormal weather conditions, freight embargo. the Contract Documents except:acts of war (declared or not declared), acts of God, or actsor neglect by utility owners or other contractors performing 1. for inspections, tests, or approvals covered byother work as contemplated by Article 7: or-paragraphs 13.03.C and 13.03.1 below;3. Acts of Terrorism 2. that costs incurred in connection with tests orinspections conducted pursuant to paragraph 13.04.B shallB. Nothing in this paragraph 12.06 bars a change in be paid as provided in said paragraph 13.04.B; andContract Price pursuant to this Article 12 to compensateCONTRACTOR due to delay, interference, or disruption 3. as otherwise specifically provided in the Contractdirectly attributable to actions or inactions of OWNER or Documents.anyone for whom OWNER is responsible.C. If Laws or Regulations of any public body havingARTICLE 13 - TESTS AND INSPECTIONS jurisdiction require any Work (or part thereof) specificallyCORRECTION, REMOVAL OR ACCEPTANCE OF to be inspected, tested, or approved by an employee or otherDEFECTIVE WORKrepresentative of such public body, CONTRACTOR shallassume fill responsibility for arranging and obtaining such13.01 Notice of Defects inspections, tests, or approvals, pay all costs in connectiontherewith, and furnish ENGINEER the required certificatesA. Prompt notice of all defective Work of which of inspection or approval.OWNER or ENGINEER has actual knowledge will begiven to CONTRACTOR. All defective Work may be D. CONTRACTOR shall be responsible forrejected, corrected, or accepted as provided in this arranging and obtaining and shall pay all costs in connectionArticle 13.with any inspections, tests, or approvals required forOWNER's and ENGINEER's acceptance of materials or13.02 Access to Work equipment to be incorporated in the Work; or acceptance ofmaterials, mix designs, or equipment submitted for approvalprior to CONTRACTOR's purchase thereof forEJCDC No. 1910-8 (1996 Edition) 007200-38w/ JJG Modifications (Rev03/06/08)

incorporation in the Work. Such inspections, tests, or equipment, or fails to perform the Work in such a way thatapprovals shall be performed by organizations acceptable to the completed Work will conform to the ContractOWNER and ENGINEER.Documents, OWNER may order CONTRACTOR to stopthe Work, or any portion thereof, until the cause for suchE. If any Work (or the work of others) that is to be order has been eliminated; however, this right of OWNERinspected, tested, or approved is covered by CONTRAC- to stop the Work shall not give rise to any duty on the partTOR without written concurrence of ENGINEER, it must, of OWNER to exercise this right for the benefit ofif requested by ENGINEER, be uncovered for observation. CONTRACTOR, any Subcontractor, any Supplier, anyother individual or entity, or any surety for, or employee orF. Uncovering Work as provided in paragraph agent of any of them. If OWNER stops Work under this13.03.E shall be at CONTRACTOR's expense unless CON- paragraph, CONTRACTOR shall not be entitled to anTRACTOR has given ENGINEER timely notice of extension of Contract Time nor increase in Contract Price.CONTRACTOR's intention to cover the same and ENGI-NEER has not acted with reasonable promptness in 13.06 Correction or Removal of Defective Workresponse to such notice.A. CONTRACTOR shall correct all defective Work,13.04 Uncovering Work whether or not fabricated, installed, or completed, or, if theWork has been rejected by ENGINEER, remove it from theA. If any Work is covered contrary to the written Project and replace it with Work that is not defective.request of ENGINEER, it must, if requested by ENGI- CONTRACTOR shall pay all Claims, costs, losses, andNEER, be uncovered for ENGINEER's observation and damages (including but not limited to all fees and charges ofreplaced at CONTRACTOR's expense.engineers, architects, attorneys, and other professionals andall court or arbitration or other dispute resolution costs)B. If ENGINEER considers it necessary or advisable arising out of or relating to such correction or removalthat covered Work be observed by ENGINEER or inspect- (including but not limited to all costs of repair ored or tested by others, CONTRACTOR, at ENGINEER's replacement of work of others). The CONTRACTOR shallrequest, shall uncover, expose, or otherwise make available promptly segregate and remove rejected products from thefor observation, inspection, or testing as ENGINEER may site of the Work.require, that portion of the Work in question, furnishing allnecessary labor, material, and equipment. If it is found that 13.07 Correction Periodsuch Work is defective, CONTRACTOR shall pay allClaims, costs, losses, and damages (including but not A. If within one year after the date of Substantiallimited to all fees and charges of engineers, architects, Completion or such longer period of time as may beattorneys, and other professionals and all court or arbitration prescribed by Laws or Regulations or by the terms of anyor other dispute resolution costs) arising out of or relating to applicable special guarantee required by the Contractsuch uncovering, exposure, observation, inspection, and Documents or by any specific provision of the Contracttesting, and of satisfactory replacement or reconstruction Documents, any Work is found to be defective, or if the(including but not limited to all costs of repair or repair of any damages to the land or areas made availablereplacement of work of others); and OWNER shall be for CONTRACTOR's use by OWNER or permitted byentitled to an appropriate decrease in the Contract Price. If Laws and Regulations as contemplated in paragraph 6.11 .Athe parties are unable to agree as to the amount thereof, is found to be defective, CONTRACTOR shall promptly,OWNER may make a Claim therefor as provided in without cost to OWNER and in accordance with OWNER'sparagraph 10.05. If, however, such Work is not found to be written instructions: (i) repair such defective land or areas,defective, CONTRACTOR shall be allowed an increase in or (ii) correct such defective Work or, if the defective Workthe Contract Price or an extension of the Contract Times (or has been rejected by OWNER, remove it from the ProjectMilestones), or both, directly attributable to such and replace it with Work that is not defective, and (iii)uncovering, exposure, observation, inspection, testing, satisfactorily correct or repair or remove and replace anyreplacement, and reconstruction. If the parties are unable to damage to other Work, to the work of others or other landagree as to the amount or extent thereof, CONTRACTOR or areas resulting therefrom. If CONTRACTOR does notmay make a Claim therefor as provided in paragraph 10.05. promptly comply with the terms of such instructions, or inan emergency where delay would cause serious risk of loss13.05 OWNER May Stop the Work or damage, OWNER may have the defective Workcorrected or repaired or may have the rejected Work re-A. If the Work is defective, or CONTRACTOR fails moved and replaced, and all Claims, costs, losses, andto supply sufficient skilled workers or suitable materials or damages (including but not limited to all fees and charges ofEJCDC No. 1910-8 (1996 Edition) 007200-39w/ JJG Modifications (Rev03/06/08)

engineers, architects, attorneys, and other professionals andA. If CONTRACTOR fails within 48 hoursMiri-aall court or arbitration or other dispute resolution costs) recsnable time after written notice from ENGINEER toarising out of or relating to such correction or repair or such correct defective Work or to remove and replace rejectedremoval and replacement (including but not limited to all Work as required by ENGINEER in accordance with paracostsof repair or replacement of work of others) will be graph 13.06.A, or if CONTRACTOR fails to perform thepaid by CONTRACTOR.Work in accordance with the Contract Documents, or ifCONTRACTOR fails to comply with any other provision ofB. In special circumstances where a particular item of the Contract Documents, OWNER may, after seven daysequipment is placed in continuous service before written notice to CONTRACTOR, correct and remedy anySubstantial Completion of all the Work, the correction such deficiency.period for that item may start to run from an earlier date ifso provided in the Specifications or by Written Amendment. B. In exercising the rights and remedies under thisparagraph, OWNER shall proceed expeditiously. InC. Where defective Work (and damage to other Work connection with such corrective and remedial action,resulting therefrom) has been corrected or removed and OWNER may exclude CONTRACTOR from all or part ofreplaced under this paragraph 13.07, the correction period the Site, take possession of all or part of the Work andhereunder with respect to such Work will be extended for suspend CONTRACTOR's services related thereto, takean additional period of one year after such correction or possession of CONTRACTOR's tools, appliances, conremovaland replacement has been satisfactorily completed. struction equipment and machinery at the Site, and incorporatein the Work all materials and equipment stored at theD. CONTRACTOR's obligations under this Site or for which OWNER has paid CONTRACTOR butparagraph 13.07 are in addition to any other obligation or which are stored elsewhere. CONTRACTOR shall allowwarranty. The provisions of this paragraph 13.07 shall not OWNER, OWNER's representatives, agents and employbeconstrued as a substitute for or a waiver of the provisions ees, OWNER's other contractors, and ENGINEER andof any applicable statute of limitation or repose.ENGINEER's Consultants access to the Site to enableOWNER to exercise the rights and remedies under this13.08 Acceptance of Defective Work paragraph.A. If, instead of requiring correction or removal and C. All Claims, costs, losses, and damages (includingreplacement of defective Work, OWNER (and, prior to but not limited to all fees and charges of engineers,ENGINEER's recommendation of final payment, architects, attorneys, and other professionals and all court orENGINEER) prefers to accept it, OWNER may do so. arbitration or other dispute resolution costs) incurred orCONTRACTOR shall pay all Claims, costs, losses, and sustained by OWNER in exercising the rights and remediesdamages (including but not limited to all fees and charges of under this paragraph 13.09 will be charged against CONengineers,architects, attorneys, and other professionals and TRACTOR, and a Change Order will be issued incorpoallcourt or arbitration or other dispute resolution costs) rating the necessary revisions in the Contract Documentsattributable to OWNER's evaluation of and determination with respect to the Work; and OWNER shall be entitled toto accept such defective Work (such costs to be approved an appropriate decrease in the Contract Price. If the partiesby ENGINEER as to reasonableness) and the diminished are unable to agree as to the amount of the adjustment,value of the Work to the extent not otherwise paid by OWNER may make a Claim therefor as provided inCONTRACTOR pursuant to this sentence. If any such paragraph 10.05. Such claims, costs, losses and damagesacceptance occurs prior to ENGINEER's recommendation will include but not be limited to all costs of repair, orof final payment, a Change Order will be issued replacement of work of others destroyed or damaged byincorporating the necessary revisions in the Contract correction, removal, or replacement of CONTRACTOR'sDocuments with respect to the Work, and OWNER shall be defective Work.entitled to an appropriate decrease in the Contract Price,reflecting the diminished value of Work so accepted. If theD. CONTRACTOR shall not be allowed an extensionparties are unable to agree as to the amount thereof, of the Contract Times (or Milestones) because of any delayOWNER may make a Claim therefor as provided in in the performance of the Work attributable to the exerciseparagraph 10.05. If the acceptance occurs after such by OWNER of OWNER's rights and remedies under thisrecommendation, an appropriate amount will be paid by paragraph 13.09.CONTRACTOR to OWNER.13.09 OWNER May Correct Defective WorkEJCDC No. 1910-8 (1996 Edition) 00 72 00 - 40w/ JJG Modifications (Rev03/06/08)

ARTICLE 14 - PAYMENTS TO CONTRACTOR ANDCOMPLETION5. The OWNER will retain the following amounts fromeach properly certified estimate:14.01 Schedule of Valuesa. Until the value of the Work completed, includingA. The schedule of values established as provided in stored materials, is at least 50 percent of the Contractparagraph 2.07.A will serve as the basis for progress amount, 10 percent of the value of all Work satisfactorilypayments and will be incorporated into a form of Applica- completed, including stored materials.tion for Payment acceptable to ENGINEER. Progresspayments on account of Unit Price Work will be based on b. When the value of the completed Work totals at least 50the number of units completed.percent of the Contract amount, the Owner will discontinueretaining additional amounts provided the Work is14.02 Progress Payments progressing satisfactorily and there is no specific cause forretaining a larger sum. The total amount retained will be atA. Applicationsfor Payments least 5 percent of the Contract amount. adiusted for ChangeOrders, until the date of final payment.1. At least 20 days before the date established for eachprogress payment (but not more often than once a month), c. The Owner may elect to reinstate retainage of 10 percentCONTRACTOR shall submit to ENGINEER for review an of the value of the Work completed if at any time theApplication for Payment filled out and signed by Contractor fails to make satisfactory progress or if there isCONTRACTOR covering the Work completed as of the other specific cause. Satisfactory progress is identified asdate of the Application and accompanied by such sup- conforming to the construction progress schedule asporting documentation as is required by the Contract Docu- required in Article 24, as modified by the Supplementaryments. If payment is requested on the basis of materials and Conditions.equipment not incorporated in the Work but delivered andsuitably stored at the Site or at anzther 196atin agFred to in 6. No form of collateral in lieu of cash will bewriting, the Application for Payment shall also be acceptable as retainage.accompanied by a bill of sale, invoice, or other documentationwarranting that OWNER has received the materials 7- Amounts retained by the Contractor from paymentsand equipment free and clear of all Liens and evidence that due to suppliers and subcontractors (expressed as athe materials and equipment are covered by appropriate percentage) shall not exceed that being retained by theproperty insurance or other arrangements to protect Owner.OWNER's interest therein, all of which must be satisfactoryto OWNER. 8. Payments Withheld: The Engineer may decline toapprove an Application for Payment and may withhold2. Beginning with the second Application for Payment, certificate, in whole or in part. as may be necessary toeach Application shall include an affidavit of protect the Owner from loss because of.CONTRACTOR stating that all previous progress paymentsreceived on account of the Work have been applied on a. Failure of the Contractor to make payments proerlaccount to discharge CONTRACTOR's legitimate to subcontractors or for labor or products.obligations associated with prior Applications for Payment.b. Unsatisfactory prosecution of the Work by the3. The amount of retainage with respect to progress pay- Contractor either due to quality of the Work or if thements will be as stipulated in the Ageementbelow.Contractor is behind the currently approved construction4. If requested, CONTRACTOR shall furnish evidence schedule.that payment received on the basis of materials and 9. When the above reasons for nonpayment areequipment not incorporated and suitably stored, has in fact corrected, then payment will be made for amounts withheldbeen paid to the respective suoplier(s) within fifteen days because of such reasons, not later than the next payment.of payment by OWNER. Failure to provide such evidenceof payment may result in the withdrawal of previousapproval(s) and removal of the cost of related materials . Review of Applicationsand equipment from the next submitted Application forPayment.1. ENGINEER will, within 10 days after receipt of eachApplication for Payment, either indicate in writing arecommendation of payment and present the Application toEJCDC No. 1910-8 (1996 Edition) 00 72 00 - 41wI JJG Modifications (Reo03/06/08)

OWNER or return the Application to CONTRACTOR what purposes CONTRACTOR has used the moneys paidindicating in writing ENGINEER's reasons for refusing to on account of the Contract Price, or to determine that title torecommend payment. In the latter case, CONTRACTOR any of the Work, materials, or equipment has passed tomay make the necessary corrections and resubmit the OWNER free and clear of any Liens.Application.5. ENGINEER may refuse to recommend the whole or2. ENGINEER's recommendation of any payment any part of any payment if, in ENGINEER's opinion, itrequested in an Application for Payment will constitute a would be incorrect to make the representations to OWNERrepresentation by ENGINEER to OWNER, based on referred to in paragraph 14-02.B.2. ENGINEER may alsoENGINEER's observations on the Site of the executed refuse to recommend any such payment or, because ofWork as an experienced and qualified design professional subsequently discovered evidence or the results of subscandon ENGINEER's review of the Application for Payment quent inspections or tests, revise or revoke any suchand the accompanying data and schedules, that to the best of payment recommendation previously made, to such extentENGINEER's knowledge, information and belief.as may be necessary in ENGINEER's opinion to protectOWNER from loss because:a. the Work has progressed to the point indicated;a. the Work is defective, or completed Work has beenb. the quality of the Work is generally in accordance with damaged, requiring correction or replacement;the Contract Documents (subject to an evaluation of theWork as a functioning whole prior to or upon Substantial b. the Contract Price has been reduced by WrittenCompletion, to the results of any subsequent tests called for Amendment or Change Orders;in the Contract Documents, to a final determination ofquantities and classifications for Unit Price Work under c. OWNER has been required to correct defective Workparagraph 9.08, and to any other qualifications stated in the or complete Work in accordance with paragraph 13.09; orrecommendation); andd. ENGINEER has actual knowledge of the occurrence ofc. the conditions precedent to CONTRACTOR's being any of the events enumerated in paragraph 15.02.A.entitled to such payment appear to have been fulfilled in sofar as it is ENGINEER's responsibility to observe the C. Payment Becomes DueWork.1. Foqy-Five~er days after presentation of the Applica-3. By recommending any such payment ENGINEER will tion for Payment to OWNER with ENGINEER's recomnotthereby be deemed to have represented that: (i) inspec- mendation, the amount recommended will (subject to thetions made to check the quality or the quantity of the Work provisions of paragraph 14.02.D) become due, and whenas it has been performed have been exhaustive, extended to due will be paid by OWNER to CONTRACTOR.every aspect of the Work in progress, or involved detailedinspections of the Work beyond the responsibilities specificallyassigned to ENGINEER in the Contract Documents;or (ii) that there may not be other matters or issues betweenthe parties that might entitle CONTRACTOR to be paidadditionally by OWNER or entitle OWNER to withholdpayment to CONTRACTOR.4. Neither ENGINEER's review of CONTRACTOR'sWork for the purposes of recommending payments norENGINEER's recommendation of any payment, includingfinal payment, will impose responsibility on ENGINEER tosupervise, direct, or control the Work or for the means,methods, techniques, sequences, or procedures ofconstruction, or the safety precautions and prograrmsincident thereto, or for CONTRACTOR's failure to complywith Laws and Regulations applicable to CONTRACTOR'sperformance of the Work. Additionally, said review orrecommendation will not impose responsibility on ENGI-NEER to make any examination to ascertain how or forEJCDC No. 1910-8 (1996 Edition) 00 72 00 - 42w/ JJG Modifications (Rev03/06/08)

2. Should CONTRACTOR neglect to pay any undisputed (J) Hours worked by CONTRACTOR, in excess ofclaims made in writing to OWNER within thirty days after normal work hours as defined by Article 6.02 of thecompletion of the associated Work, but continuing General Conditions, necessitating ENGINEER,unsatisfied for a period of ninety days. OWNER may pay ENGINEER'S Consultant, Resident Projectsuch claim and deduct the amount there of from the Representative or Resident Proiect Representative's sitebalance due CONTRACTOR. OWNER may also, with staff, if any, to work overtime. The determination ofthe written consent of CONTRACTOR, use any monies necessity will be made by the ENGIN EER.retained, due. or to become due under this Contractor forthe purpose of paving for both labor and materials for the (2) Liability for liquidated damages incurred byWork. for which claims have not been filed.CONTRACTOR as set forth in the Agreement.3. Security is provided both by the Payment Bond and the (3) The repair, rebuilding or restoration of property,power of OWNER to retain any monies for claims, but improvements or facilities by the OWNER as outlined inpayment by one shall in no way impair or discharge the Paragraph 6.13.B.liability of the other.d. OWNER has actual knowledge of the occurrence ofD. Reduction in Payment any of the events enumerated in paragraphs 14.02.B.5.athrough 14.02.B.5.c or paragraph 15.02.A.1. OWNER may refuse to make payment of the fullamount recommended by ENGINEER because: 2. If OWNER refuses to make payment of the full amountrecommended by ENGINEER, OWNER must givea. claims have been made against OWNER on account of CONTRACTOR immediate written notice (with a copy toCONTRACTOR's performance or furnishing of the Work; ENGINEER) stating the reasons for such action andpromptly pay CONTRACTOR any amount remaining afterb. Liens have been filed in connection with the Work, deduction of the amount so withheld. OWNER shallexcept where CONTRACTOR has delivered a specific promptly pay CONTRACTOR the amount so withheld, orBond satisfactory to OWNER to secure the satisfaction and any adjustment thereto agreed to by OWNER anddischarge of such Liens; CONTRACTOR, when CONTRACTOR corrects toOWNER's satisfaction the reasons for such action.c. there are other items entitling OWNER to a set-offagainst the amount recommended-. oFItems entitling 3. If it is subsequently determined that OWNER's refusalOWNER to retain set-offs from the amount of payment was not justified, the amount wrongfullyrecommended, including but not limited to:withheld shall be treated as an amount due as determined byparagraph 14.02.C. .(1) OWNER compensation to ENGINEER orDESIGNER at an estimated average rate of $120.00 per 14.03 CONTRACTOR's Warranty of Titleeach extra personnel hour for labor plus expenses becauseof the following CONTRACTOR-caused events: A. CONTRACTOR warrants and guarantees that titleto all Work, materials, and equipment covered by any(a) Delays necessitating a time extension for the Application for Payment, whether incorporated in theperformance of ENGINEERs servicesProject or not, will pass to OWNER no later than the timeof payment free and clear of all Liens.(b) Witnessing retesting of corrected or replaceddefective Work: B. No materials or supplies for the Work shall bepurchased by CONTRACTOR or Subcontractor subject to(c) Return visits to manufacturing facilities to witness any chattel mortgage or under a conditional sale contractfactory testing or retesting:or other agreement by which an interest is retained by theseller. CONTRACTOR warrants that CONTRACTOR(d) Shop Drawing review in excess of two reviews by has good title to all materials and supplies used byENGINEER or DESIGNER for substantially the same CONTRACTOR in the Work, free from all liens, claimsSubmittal;or encumbrances.(C) Evaluation of proposed substitutes and in making 14.04 Substantial Completionchanges to Contract Documents occasioned thereby:EJCDC No. 1910-8 (1996 Edition) 007200-43w/ JJG Modifications (Rev03/06108)

A. When CONTRACTOR considers the entire Work 14.05 Partial Utilizationready for its intended use CONTRACTOR shall notifyOWNER and ENGINEER in writing that the entire Work is A. Use by OWNER at OWNER's option of anysubstantially complete (except for items specifically listed substantially completed part of the Work which hasby CONTRACTOR as incomplete) and request that specifically been identified in the Contract Documents, orENGINEER issue a certificate of Substantial Completion. which OWNER, ENGINEER, and CONTRACTOR agreePromptly thereafter, OWNER, CONTRACTOR, and constitutes a separately functioning and usable part of theENGINEER shall make an inspection of the Work to Work that can be used by OWNER for its intended purposedetermine the status of completion. If ENGINEER does not without significant interference with CONTRACTOR'sconsider the Work substantially complete, ENGINEER will performance of the remainder of the Work, may benotify CONTRACTOR in writing giving the reasons accomplished prior to Substantial Completion of all thetherefor. If ENGINEER considers the Work substantially Work subject to the following conditions.complete, ENGINEER will prepare and deliver to OWNERa tentative certificate of Substantial Completion which shall 1. OWNER at any time may request CONTRACTOR infix the date of Substantial Completion. There shall be writing to permit OWNER to use any such part of the Workattached to the certificate a tentative list of items to be which OWNER believes to be ready for its intended use andcompleted or corrected before final payment. OWNER substantially complete. If CONTRACTOR agrees that suchshall have seven days after receipt of the tentative certificate part of the Work is substantially complete, CONTRACTORduring which to make written objection to ENGINEER as will certify to OWNER and ENGINEER that such part ofto any provisions of the certificate or attached list. If, after the Work is substantially complete and request ENGINEERconsidering such objections, ENGINEER concludes that the to issue a certificate of Substantial Completion for that partWork is not substantially complete, ENGINEER will within of the Work. CONTRACTOR at any time may notify14 days after submission of the tentative certificate to OWNER and ENGINEER in writing that CONTRACTOROWNER notify CONTRACTOR in writing, stating the considers any such part of the Work ready for its intendedreasons therefor. If, after consideration of OWNER's use and substantially complete and request ENGINEER toobjections, ENGINEER considers the Work substantially issue a certificate of Substantial Completion for that part ofcomplete, ENGINEER will within said 14 days execute and the Work. Within a reasonable time after either suchdeliver to OWNER and CONTRACTOR a definitive request, OWNER, CONTRACTOR, and ENGINEER shallcertificate of Substantial Completion (with a revised make an inspection of that part of the Work to determine itstentative list of items to be completed or corrected) status of completion. If ENGINEER does not consider thatreflecting such changes from the tentative certificate as part of the Work to be substantially complete, ENGINEERENGINEER believes justified after consideration of any will notify OWNER and CONTRACTOR in writing givingobjections from OWNER. At the time of delivery of the the masons therefor. If ENGINEER considers that part oftentative certificate of Substantial Completion ENGINEER the Work to be substantially complete, the provisions ofwill deliver to OWNER and CONTRACTOR a written paragraph 14.04 will apply with respect to certification ofrecommendation as to division of responsibilities pending Substantial Completion of that part of the Work and thefinal payment between OWNER and CONTRACTOR with division of responsibility in respect thereof and accessrespect to security, operation, safety, and protection of the thereto.Work, maintenance, heat, utilities, insurance, and warrantiesand guarantees. Unless OWNER and CONTRACTOR 2. No occupancy or separate operation of part of theagree otherwise in writing and so inform ENGINEER in Work may occur prior to compliance with the requirementswriting prior to ENGINEER's issuing the definitive of paragraph 5.10 regarding property insurance.certificate of Substantial Completion, ENGINEER'saforesaid recommendation will be binding on OWNER and 14.06 Final InspectionCONTRACTOR until final payment.A. Upon written notice from CONTRACTOR thatB. OWNER shall have the right to exclude the entire Work or an agreed portion thereof is complete,CONTRACTOR from the Site after the date of Substantial ENGINEER will promptly make a final inspection withCompletion, but OWNER shall allow CONTRACTOR OWNER and CONTRACTOR and will notify CONreasonableaccess to complete or correct items on thetentative list.TRACTOR in writing of all particulars in which thisinspection reveals that the Work is incomplete or defective.CONTRACTOR shall immediately take such measures asare necessary to complete such Work or remedy suchdeficiencies.EJCDC No. 1910-8 (1996 Edition) 007200-44w/ JJG Modifications (Rev03/06/08)

14.07 Final Payment ENGINEER will return the Application for Payment toCONTRACTOR, indicating in writing the reasons forA. Application for Payment refusing to recommend final payment, in which case CON-TRACTOR shall make the necessary corrections and1. After CONTRACTOR has, in the opinion of resubmit the Application for Payment.ENGINEER, satisfactorily completed all correctionsidentified during the final inspection and has delivered, inC. Payment Becomes Dueaccordance with the Contract Documents, all maintenanceand operating instructions, schedules, guarantees, Bonds, 1. Thwii-Fort-Fivc days after the presentation to OWNcertificatesor other evidence of insurance certificates of ER of the Application for Payment and accompanyinginspection, marked-up record documents (as provided in documentation, the amount recommended by ENGINEERparagraph 6.12), and other documents, CONTRACTOR will become due and, when due, will be paid by OWNER tomay make application for final payment following the CONTRACTOR.procedure for progress payments.14.08 Final Completion Delayed2. The final Application for Payment shall be accompanied(except as previously delivered) by: (i) all A. If, through no fault of CONTRACTOR, finaldocumentation called for in the Contract Documents, completion of the Work is significantly delayed, and ifincluding but not limited to the evidence of insurance ENGINEER so confirms, OWNER shall, upon receipt ofrequired by subparagraph 5.04.B.7; (ii) consent of the CONTRACTOR's final Application for Payment andsurety, if any, to final payment; and (iii) complete and recommendation of ENGINEER, and without terminatinglegally effective releases or waivers (satisfactory to the Agreement, make payment of the balance due for thatOWNER) of all Lien rights arising out of or Liens filed in portion of the Work filly completed and accepted. If theconnection with the Work.remaining balance to be held by OWNER for Work notfully completed or corrected is less than the retainage3. In lieu of the releases or waivers of Liens specified in stipulated in the Agreement, and if Bonds have beenparagraph 14.07.A.2 and as approved by OWNER, fimished as required in paragraph 5.01, the written consentCONTRACTOR may furnish receipts or releases in full and of the surety to the payment of the balance due for thatan affidavit of CONTRACTOR that: (i) the releases and portion of the Work fully completed and accepted shall bereceipts include all labor, services, material, and equipment submitted by CONTRACTOR to ENGINEER with thefor which a Lien could be filed; and (ii) all payrolls, Application for such payment. Such payment shall be madematerial and equipment bills, and other indebtedness under the terms and conditions governing final payment,connected with the Work for which OWNER or OWNER'sproperty might in any way be responsible have been paid orotherwise satisfied. If any Subcontractor or Supplier fhls to 14.09 Waiver of Claimsfurnish such a release or receipt in full, CONTRACTORexcept that it shall not constitute a waiver of Claims.may furnish a Bond or other collateral satisfactory to A. The making and acceptance of final payment willOWNER to indenify OWNER against any Lien.constitute:B. Review ofApplication and Acceptance 1. a waiver of all Claims by OWNER againstCONTRACTOR, except Claims arising from unsettled1. If, on the basis of ENGINEER's observation of the Liens, from defective Work appearing after final inspectionWork during construction and final inspection, and pursuant to paragraph 14.06, from failure to comply withENGINEER's review of the final Application for Payment the Contract Documents or the terms of any specialand accompanying documentation as required by the guarantees specified therein, or from CONTRACTOR'sContract Documents, ENGINEER is satisfied that the Work continuing obligations under the Contract Documents; andhas been completed and CONTRACTOR's otherobligations under the Contract Documents have been 2. a waiver of all Claims by CONTRACTOR againstfulfilled, ENGINEER will, within ten days after receipt of OWNER other than those previously made in writing whichthe final Application for Payment, indicate in writingENGINEER's recommendation of payment and present theApplication for Payment to OWNER for payment. At thesame time ENGINEER will also give written notice toOWNER and CONTRACTOR that the Work is acceptablesubject to the provisions of paragraph 14,09. Otherwise,are still unsettled.EJCDC No. 1910-8 (1996 Edition) 007200-45w/ JiG Modifications (Rev03/06/08)

ARTICLE 15 - SUSPENSION OF WORK AND B. If one or more of the events identified in paragraphTERMINATION15.02.A occur, OWNER may, after giving CONTRACTOR(and the surety, if any) seven days written notice, terminate15.01 OWNER May Suspend Work the services of CONTRACTOR, exclude CONTRACTORfrom the Site, and take possession of the Work and of allA. At any time and without cause, OWNER may CONTRACTOR's tools, appliances, construction equipsuspendthe Work or any portion thereof for a period of not ment, and machinery at the Site, and use the same to the fullmore than 90 consecutive days by notice in writing to CON- extent they could be used by CONTRACTOR (withoutTRACTOR and ENGINEER which will fix the date on liability to CONTRACTOR for trespass or conversion),which Work will be resumed. CONTRACTOR shall incorporate in the Work all materials and equipment storedresume the Work on the date so fixed. CONTRACTOR at the Site or for which OWNER has paid CONTRACTORshall be allowed an adjustment in the Contract Price or an but which are stored elsewhere, and finish the Work asextension of the Contract Times, or both, directly OWNER may deem expedient. In such case,attributable to any such suspension if CONTRACTORmakes a Claim therefor as provided in paragraph 10.05.CONTRACTOR shall not be entitled to receive any furtherpayment until the Work is finished. If the unpaid balance ofthe Contract Price exceeds all claims, costs, losses, and15.02 OWNER May Terminate for Cause damages (including but not limited to all fees and charges ofengineers, architects, attorneys, and other professionals andA. The occurrence of any one or more of the all court or arbitration or other dispute resolution costs)following events will justify termination for cause:sustained by OWNER arising out of or relating tocompleting the Work, such excess will be paid to1. CONTRACTOR's persistent failure to perform the CONTRACTOR. If such claims, costs, losses, andWork in accordance with the Contract Documents damages exceed such unpaid balance, CONTRACTOR(including, but not limited to, failure to supply sufficient shall pay the difference to OWNER. Such claims, costs,skilled workers or suitable materials or equipment or failure losses, and damages incurred by OWNER will be reviewedto adhere to the progress schedule established under by ENGINEER as to their reasonableness and, when soparagraph 2.07 as adjusted from time to time pursuant toparagraph 6.04);approved by ENGINEER, incorporated in a Change Order.When exercising any rights or remedies under thisparagraph OWNER shall not be required to obtain the2. CONTRACTOR's disregard of Laws or Regulations lowest price for the Work performed.of any public body having jurisdiction;C. Where CONTRACTOR's services have been so3. CONTRACTOR's disregard of the authority of terminated by OWNER, the termination will not affect anyENGINEER; orrights or remedies of OWNER against CONTRACTORthen existing or which may thereafter accrue. Any retention4. CONTRACTOR's violation in any substantial way of or payment of moneys due CONTRACTOR by OWNERany provisions of the Contract Documents.will not release CONTRACTOR from liability.5. CONTRACTOR is adiudged bankrupt or insolvent: 15.03 OWNER May Terminate For Convenience6. CONTRACTOR makes a general assignment for the A. Upon seven days written notice to CONbenefitof creditors:TRACTOR and ENGINEER, OWNER may, without causeand without prejudice to any other right or remedy of7. Trustee or receiver is appointed for the OWNER, elect to terminate or discontinue, in whole or inCONTRACTOR or for any of CONTRACTOR'S pgq,-the Contract. In such case, CONTRACTOR shall beproperty:paid (without duplication of any items):8. CONTRACTOR files a petition to take advantage of 1. for completed and acceptable Work executed inany debtor's act, or to reor.ganize under the accordance with the Contract Documents prior to thebankruptcy or applicable laws:effective date of termination, including fair and reasonablesums for overhead and profit on such Work;9. CONTRACTOR repeatedly fails to make promptpayments to Subcontractors or Material Suppliers 2. for expenses sustained prior to the effective date offor labor, materials or equipment:termination in performing services and furnishing labor,materials, or equipment as required by the ContractEJCDC No. 1910-8 (1996 Edition) 00 72 00 -46w/ JJG Modifications (Rev03/06109)

Documents in connection with uncompleted Work, plus fair 10.05, OWNER and CONTRACTOR may exercise suchand reasonable sums for overhead and profit on such rights or remedies as either may otherwise have under theexpenses;Contract Documents or by Laws or Regulations in respectof any dispute. CONTRACTOR shall carry on the Work3. for all claims, costs, losses, and damages (including but and maintain the progress schedule during the disputenot limited to all fees and charges of engineers, architects, resolution proceedings, unless otherwise agreed byattorneys, and other professionals and all court or arbitration CONTRACTOR and OWNER in writing.or other dispute resolution costs) incurred in settlement ofterminated contracts with Subcontractors, Suppliers, and ARTICLE 17 - MISCELLANEOUSothers; and17.01 Giving Notice4. for reasonable expenses directly attributable totermination. A. Whenever any provision of the ContractDocuments requires the giving of written notice, it will beB. CONTRACTOR shall not be paid on account of deemed to have been validly given if delivered in person toloss of anticipated profits or revenue or other economic loss the individual or to a member of the firm or to an officer ofarising out of or resulting from such termination,the corporation for whom it is intended, or if delivered at orsent by registered or certified mail, postage prepaid, to the15.04 CONTRACTOR May Stop Work or Terminate last business address known to the giver of the notice.A. If, through no act or fault of CONTRACTOR, the B. All notices required of the CONTRACTOR shall beWork is suspended for more than 90 consecutive days by performed in writing to the appropriate entityOWNER or under an order of court or other publicauthority, or ENGINEER fails to act on any Application for 17.02 Computation of TimesPayment within 30 days after it is submitted, or OWNERfails for 30 days to pay CONTRACTOR any sum finallyA. When any period of time is referred to in thedetermined to be due, then CONTRACTOR may, upon Contract Documents by days, it will be computed to excludeseven days written notice to OWNER and ENGINEER, and the first and include the last day of such period. If the lastprovided OWNER or ENGINEER do not remedy such day of any such period falls on a Saturday or Sunday or on asuspension or failure within that time, terminate the day made a legal holiday by the law of the applicableContract and recover from OWNER payment on the same jurisdiction, such day will be omitted from the computation.terms as provided in paragraph 15.03. In lieu of terminatingthe Contract and without prejudice to any other right or 17.03 Cumulative Remediesremedy, if ENGINEER has failed to act on an Applicationfor Payment within 30 days after it is submitted, orA. The duties and obligations imposed by theseOWNER has failed for 30 days to pay CONTRACTOR any General Conditions and the rights and remedies availablesum finally determined to be due, CONTRACTOR may, hereunder to the parties hereto are in addition to, and are notseven days after written notice to OWNER and to be construed in any way as a limitation of, any rights andENGINEER, stop the Work until payment is made of all remedies available to any or all of them which are otherwisesuch amounts due CONTRACTOR, including interest imposed or available by Laws or Regulations, by specialthereon. The provisions of this paragraph 15.04 are not warranty or guarantee, or by other provisions of theintended to preclude CONTRACTOR from making a Claim Contract Documents, and the provisions of this paragraphunder paragraph 10.05 for an adjustment in Contract Price will be as effective as if repeated specifically in the Contractor Contract Times or otherwise for expenses or damage Documents in connection with each particular duty,directly attributable to CONTRACTOR's stopping the obligation, right, and remedy to which they apply.Work as permitted by this paragraph.17.04 Survival of ObligationsARTICLE 16 - DISPUTE RESOLUTIONA. All representations, indemnifications, warranties,16.01 Methods and Procedures and guarantees made in, required by, or given in accordancewith the Contract Documents, as well as all continuingA. Dispute resolution methods and proce- obligations indicated in the Contract Documents, willdures, if any, shall be as set forth in the Supplementary survive final payment, completion, and acceptance of theConditions. If no method and procedure has been set Work or termination or completion of the Agreement.forth, and subject to the provisions of paragraphs 9.09 andEJCDC No. 1910-8 (1996 Edition) 00 7200-47w/ JJG Modifications (Rev03/06/08)

17.05 Controlling LawA. This Contract is to be governed by the law of thestate in which the Project is located.17.06 AddressesA. Both the address given in the Bid Form upon whichthis Agreement is founded, and CONTRACTOR's officeat or near the site of the Work are herby designated asplaces to either of which notices, letters, and othercommunications to CONTRACTOR shall be certified.mailed, or delivered. The delivering at the above namedplace or depositing in a postpaid wrapper directed to thefirst-named place, in any post office box regularlymaintained by the post office department, of any notice,letter or other communication to Contractor shall bedeemed sufficient service thereof upon CONTRACTOR.and the date of said service shall be the date of suchdelivery or mailing. The first-named address may bechanged at any time by an instrument in writing, executedand acknowledged by CONTRACTOR, and delivered toOWNER and ENGINEE. Nothing herein contained shallbe deemed to preclude or render inoperative the service ofany notice, letter, or other communication uponCONTRACTOR personally.17.07 Assignment: The CONTRACTOR shall not assignthe whole or any part of this Contract or any monies dueor to become due hereunder without written consent of theOWNER. In case the CONTRACTOR assigns all or anypart of any monies due or to become due under thisContract, the instrument of assignment shall contain aclause substantially to the effect that it is agreed that theright of the assignee in and to any monies due or tobecome due to the CONTRACTOR shall be subject toprior liens of all persons, finns, and corporations forservices rendered or materials supplied for theperfbrrmance of the Work called for under this Contract.EJCDC No. 1910-8 (1996 Edition) 007200-48wI JJG Modifications (Rev03/0608)

ADDENDUM VillDATE: May 15, 2008TO:FROM:RE:ALL PROSPECTIVE BIDDERSJulie Ann Donahue, CPPBPurchasing AdministratorAddendum VIII, Bid # 00280, Athens North Oconee Water Reclamation FacilityThe following revisions are made to the Plans and Specifications of BID #00280, Athens NorthOconee Water Reclamation Facility:1. Add Equipment Allowance Scope of Work, Part 2, included with this addendum.1) Odor Control (Biotower) System2) Rotary Drum ThickenersSpecifications1. Page 03 39 00-2, Article 2.01, delete Paragraph C in its entirety and renumbersubsequent pargraph.2. Page 03 39 00-3, delete Article 3.03 in its entirety and renumber subsequentarticles.3. Page 04 21 13.13-3, Article, 2.01, Paragraph B,Change, "FBX" To "FBS"4. Page 04 21 13.13-5, Article 2.06, Paragraph B.1,Change, "stainless steel" To "hot-dip galvanized"5. Page 04 21 13.13-5, Article 2.06, Paragraph B.2,Change, "stainless steel" To "hot-dip galvanized"6. Page 08 06 01 Supplement 1-6, Door and Hardware Schedule, Row 99110A,Glass Column,Delete,"G2"#00280 Addendum 8 ID.doc Page 1 of 4

RORG7. Page 08 06 01 Supplement 1-6, Door and Hardware Schedule, Row 99110B,Glass Column,Delete,"G2"8. Page 08 06 01 Supplement 2-4, Door Type 99-DF Coiling Door, delete windows asshown.9. Page 09 06 00 Supplement 3-3, following Mark M-2,Add,"Mark W-3, Item Brick Mortar, Manufacturer Lafarge, Color Sahara"10. Page 09 90 00-19, Article 3.07, delete Paragraph J in its entirety and relettersubsequent paragraphs.11. Delete Section 09 97-26 in its entirety.12. Page 43 22 56.01-1, Article 1.01, Paragraph B,Delete,"...and axial-flow pumps..."13. Page 44 42 24.03-6, Article 2.03, delete Paragraph D.2 in its entirety and replacewith the following,"2. Drive Mechanism: Easy removal of internal bearing balls, and stripliners (if used) without walkway bridge removal."14. Page 44 42 24.03-10, Article 2.06, delete Paragraph B.1 in its entirety and replacewith,"1. Rigidly supported from walkway bridge and influent column.Flocculation wells supported from below by the rake arms are alsoacceptable."15. Page 44 42 24.03-17, Article 2.12, following Paragraph G.2,Add, "3. Spray nozzles that are attached to the walkway and act todirect the scum to the ports at the perimeter of theflocculation well will also be acceptable."16. Page 44 45 16.02-5, Article 1.07, Paragraph A, delete last four lines of table andreplace with the following,Completely Assembled Diffusers 10Air distribution pipe support assemblies 10Air distribution pipe joints 10Tool sets, if required, from removal and 3replacement of diffuser assemblies#00280 Addendum 8 BID.doc Page 2 of 4

tRkzZRDrawings1. Delete Sheet 05-SE-25 and replace with Sheet 05-SE-25 included with thisaddendum.2. Sheet 99-A-3, East Elevation, delete windows shown on both overhead coilingdoors.3. Sheet G-20, revise water surface elevations as follows,Unaerated zones: at maximum month flow to 655.44 ft, at peak hour with allunits in service to 655.69 ft, peak hour flow with selected units out of serviceto 656.08 ft.Aerated zones: at maximum month flow to 653.96 ft, at peak hour with allunits in service to 654.23 ft, peak hour flow with selected units out of serviceto 654.56 ft.Secondary Clarifier Splitter Box (downstream of weirs): at maximum monthflow to 650.75 ft, at peak hour with all units in service to 651.40 ft.Clarifier Combining Box: at maximum month flow to 637.01 ft, at peak hourwith all units in service to 638.45 ft, peak hour flow with selected units out ofservice to 638.45 ft.UV Inlet Box: at peak hour with all units in service to 636.67 ft, peak hourflow with selected units out of service to 636.67 ft.4. Sheets 40-M-1, Valve type callout for the RAS pumps,Change, "16" V-612" To "16" V-608"5. Sheets 40-M-2, Valve type cailout for the RAS pumps,Change, "16" V-612" To "16" V-608"6. Standard Detail 0340-103,Change, "4x4x1/2" LLV" To "6x4x1/2" LLV"7. Standard Detail 0340-104,Change, "4x4x1/2" LLV" To "6x4x1/2" LLV"#00280 Addendum 8 BID.doc Page 3 of 4

p RkThis Addendum modifies, adds to, and is hereby part of Bid #00280.conditions remain unchanged.All other terms andAny inquiries concerning this Invitation to Bid should be made to Julie Ann Donahue, CPPB,Purchasing Administrator or Toro Holt, Senior Buyer, (706) 613-3068, fax (706) 613-1975 oremail toroholt@co.clarke.ga.us.The Unified Government of Athens-Clarke County reserves the right to reject any and all bids,to waive any technicalities or irregularities and to award the bid based on the highest and bestinterest of the Unified Government of Athens-Clarke County.#00280 Addendum 8 BIDdoc Page 4 of 4

Copyright C 2 000National Society of Professional Engineers1420 King Street, Alexandria, VA 22314American Consulting Engineers Council1015 15th Street, NW., Washington, DC 20005American Society of Civil Engineers1801 Alexander Bell Drive, Reston, VA 20191NOTE:EJCDC publications may be ordered from any of the three sponsoring organizations above and from CSIheadquarters at 99 Canal Center Plaza, Suite 300, Alexandria VA 22341.EJCDC P-520 Form of Agreement Between Buyer and Seller for Procurement ContractsCopyright 02000, National Society of Professional Engineers. All rights reserved.02001-158 Rotary Drum Thickeners

TABLE OF ARTICLESArticleArticle No.Goods and Special Services .....................................................................................................IT he P roject ............................................................................................................................. 2E ngineer ..................................................................................................................... . ....... 3Point of D estination ........................................................................................................ . ...... 4C ontract T im es ....................................................................................................................... 5C ontract Price ........ ................................. .......................................................................... 6Payment Procedures ................................................................................................................ 7Interest ............................................................ .. ............................................. 8Seller's Representations ............................................. ....................................... 9Contract Documents ............ ........................................................... 10Miscellaneous .......................................................................... 11EJCDC P-520 Form of Agreenent Between Buyer and Seller for Procuremnent ContractsCopyright 2000, National Society of Professional Engineers. All rights reserved.00520-102001-158 Rotary Drum Thickeners

AGREEMENT... THIS AGREEMENTi between("Buyer") and Parkson Corporation ("Seller").Buyer and Seller, in consideration of the mutual covenants set forth herein, agree as follows:ARTICLE 1 - GOODS AND SPECIAL SERVICES1.01 Seller shall furnish the Goods and Special Services as specified or indicated in the Contract Documents. The Goodsand Special Services to be furnished are described in Article 10 of this Agreement.ARTICLE 2 - THE PROJECT2.01 The Project for which the Goods and Special Services to be provided under the Contract Documents maybe the whole oronly a part is. generally described as follows: Athens North Oconee Water Reclamation FacilityARTICLE 3 - ENGINEER3.01 The Contract Documents for the Goods and Special Services have been prepared by Jordan, Jones and Goulding, Inc.who is hereinafter called Engineer and who is to assume all duties and responsibilities, and have the rights and authority assignedto Engineer in the Contract Documents in connection with the furnishing of Goods and Special Services. The Project wasdesigned by CH2MHiIl.ARTICLE 4 - POINT OF DESTINATION4.0 1The place where the Goods are to be delivered is defined in the General Conditions as the Point of Destination and isdesignated as: Athens North Oconee Water Reclamation Facility, 650 Bailey Street, Athens, GA 30605.ARTICLE 5 - CONTRACT TIMES5.01 TYme of the EssenceA. All time limits for Milestones, if any, the delivery of Goods and the furnishing of Special Services as stated in theContract Documents are of the essence of the Contract.5.02 Days for Submittal of Shop DrawingsA. All Shop Drawings and Samples required by the Contract Documents shall be submitted to Buyer for Buyer's and forEngineer's review and approval within 75 days after the date when the Contract Times commence to run as provided in Paragraph2.03 of the General Conditions.B. Within 21 days of receipt from the Seller,1. Buyer shall review, approve and forward the Shop Drawings to the Engineer for review, or2. Buyer shall review, disapprove and return the Shop Drawings to the Seller for resubmittal.C. Buyer shall return Shop Drawings to the Seller within 7 days of receipt of reviewed Shop Drawings from the Engineer.D. The time stated in paragraph 5.02.A. shall be the cumulative amount of time allowed the Seller for the preparation ofapprovable shop drawings,, as a part of the initial submittal preparation plus resubmittal preparations, if any.EJCDC P-520 Form of Agreement Between Buyer and Seller for Procurement ContractsCopyright 02000, National Society of Professional Engineers. All rights reserved.00520-202001-158 Rotary Drum Thickeners

5.03 Date for Delivery of GoodsA. The Goods are to be delivered to the Point of Destination and ready for Buyer's receipt of delivery within a period of nomore than 140 days after the date on which approved Shop Drawings are delivered to the Seller.B. The cumulative amount of time allowed the Seller for the preparation of approval Shop Drawings and Delivery of Goodsis the sum of the days in paragraph 5.02 and paragraph 5.03.A. above. Unused time under one paragraph may be used tosupplement the allowable time under the other paragraph.C. Buyer may delay shipment of Goods until December 1, 20095.04 Days for Furnishing Special ServicesA. The furnishing of Special Services to Buyer will commence within 7 days after Buyer's written notice to Seller thatBuyer is ready for such Special Services, and shall be completed within 45 days thereafter.5.05 Liquidated DamagesA. Buyer and Seller recognize that time is of the essence of this Agreement and that Buyer may suffer financial loss if theGoods are not delivered at the Point of Destination and ready for receipt of delivery by Buyer within the times specified inParagraph 5.03 above, plus any extensions thereof allowed in accordance with Article 7 of the General Conditions. The partiesalso recognize that the timely performance of services by others involved in the Project may be dependent upon Seller's specificcompliance with the requirements of Paragraph 5.03. Further, they recognize the delays, expense and difficulties involved inproving the actual loss suffered by Buyer if complete acceptable Goods are not delivered on time. Accordingly, instead ofrequiring such proof, Buyer and Seller agree that as liquidated damages for delay (but not as a penalty) Seller shall pay Buyer$2,000.00 for each day that expires after the time specified in Paragraph 5.03.B. for delivery of acceptable Goods (plus anyextensions thereof). No liquidated damages can be assessed unless the cumulative time has been exceeded by the Seller. Suchliquidated damages shall be the sole remedy in damages available to Buyer for any delay by Seller. The total amount of liquidateddamages that can be assessed is the total Contract Price.ARTICLE 6 - CONTRACT PRICE6.01 Buyer shall pay Seller for furnishing the Goods and Special Services in accordance with the Contract Documents incurrent funds as follows:6.02 Proposer will furnish the Goods and Special Services in accordance with these Contract Documents for the followingprice(s), which do not include sales tax:6.03 Additional Costs:$11,200.00 Shop Drawing Preparation$ 423,029.00 Manufacturing of Goods$ 15,000.00 Special Services$ 449,229.00 TOTAL Lump SumA. $ 2,500.00 The Seller's monthly fee for storage of Goods at Seller's facilities in the event thatBuyer desires to delay shipment beyond the agreed to shipment date. Such fee shallinclude interest on money due SellerB. $ 1,500.00 The Seller's monthly fee for Buyer delaying the initiation of manufacturing ofGoods or for not executing the Procurement Agreement within the time specified in6.04 belowThe amount of payment of Additional Costs in this Article 6.03 shall be prorated for the actual time impact.EJCDC P-520 Forn of Agreement Between Buyer and Seller for Procurement ContractsCopyright 02000, National Society of Professional Engineers. AlU rights reserved.00520-302001-158 Rotary Dran Thickeners

6.04 Seller and Buyer shall execute this Procurement Agreement within 45 days after the Contractor's/Buyer's Notice toProceed from the Owner. Should the Procurement Agreement not be executed within said 45 days due to the fault of theBuyer, the Buyer shall be subject to the additional costs identified in Article 6.03, Paragraph B above. Should the ProcurementAgreement not be executed within the said 45 days due to the fault of the Seller, Seller shall be subject to the liquidateddamages provisions in Article 5.05 above. The issue of fault will be determined by the Engineer.6.05 Seller agrees that the prices in this Article 6 are based on the condition that shipment of goods may be delayed by theBuyer until the date stated in Article 5.03, Paragraph C above.ARTICLE 7 - PAYMENT PROCEDURES7.01 Submittal and Processing of Payments.A. Seller shall submit Applications for Payment in accordance with Article 10 of the General Conditions. Applications forPayment will be processed by the Buyer and Engineer as provided in the General Conditions.7.02 Progress Payment; Retainage.A. Buyer shall make progress payments on account of the Contract Price on the basis of Seller's Applications for* Payment as follows:1. Upon receipt of the first Application for Payment submitted in accordance with Paragraph 10.01.A.1 of the GeneralConditions an amount equal to the cost of Shop Drawing preparation and cost ofmanufacturing of Goods, less any amountsretained by the Owner from the Buyer and less such amounts as Engineer may determine in accordance with Paragraph10.02.A.3 of the General Conditions.2. Upon receipt of the second and subsequent such Application for Payment in accordance with Paragraph 10.01.A.2 ofthe General Conditions, an amount sufficient to increase total payments to Seller by the amount of the costs for SpecialServices performed to date, less any amounts retained by the Owner from the Buyer and less such amounts as Engineer maydetermine in accordance with Paragraph 10.02.A.3 of the General Conditions.3. No payment for Goods or Special Services shall be made until Goods are delivered to the Project Site-7.03 Final PaymentA. Upon final completion of the delivery of the Goods and performance of all Special Services and upon receipt of the finalApplication for Payment in accordance with Paragraph 10.06 of the General Conditions, Buyer shall pay the remainder of theContract Price, including retainage.ARTICLE 8 - INTEREST8.01 All monies not paid when due as provided in Article 10 of the General Conditions shall bear interest at the rate of sixpercent per annum.ARTICLE 9 - SELLER'S REPRESENTATIONS9.01 In order to induce Buyer to enter into this Agreement, Seller makes the following representations:A. Seller has examined and carefully studied the Contract Documents and the other related data.B. If specified or if, in Seller's judgment, any local condition may affect cost, progress or the furnishing of the Goods andSpecial Services, Seller has visited the Point of Destination and become familiar with and is satisfied as to the local conditions thatmay affect cost, progress or the furnishing of the Goods and Special Services.EJCDC P-520 Form of Agreement Between Buyer and Seller for Procurement ContractsCopyright C2000, National Sodety of Professional Engineers. All rights reserved.00520-402001-158 Rotary Drum Thickeners

C. Seller is familiar with and is satisfied as to all local federal, state and local Laws and Regulations that may affect cost,progress and the fiurnishing of the Goods and Special Services.D. Seller has carefully studied and correlated the information known to Seller; and information and observations obtainedfrom Seller's visits, if any, to the Point of Destination, with the Contract Documents.E. Seller has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Seller has discovered inthe Contract Documents, and the written resolution thereof by Engineer is acceptable to Seller.F. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions forfurnishing Goods and Special Services.ARTICLE 10 - CONTRACT DOCUMENTS10.01 ContentsA. The Contract Documents consist of the following:1. This Agreement;2. General Conditions;3. Specifications bearing the title of Athens North Oconee Water Reclamation Facility (not attached, seeAttachment A for list of applicable sections);5. Drawings bearing the title of Athens North Oconee Water Reclamation Facility (not attached, see Attachment A forlist of applicable sheets);6. Exhibits to this Agreement (enumerated as follows):a. Seller's Proposal, consisting of the following:" Letter (1 page)" Proposal Form (5 pages)* Comments/Clarifications/Modifications to Athens/North Oconee WRF RFQ(1 page)* Email from Paul L. Mahoney, dated May 14 h, 2008, 9:47 P.M(3 pages)7. The following which maybe delivered or issued on or after the Effective Date of the Agreement and are not attachedhereto:a. Written Amendment(s);b. Change Order(s);c. Field Order(s);d. Engineer's Written Interpretation(s).B. The documents listed in paragraph 10.01.A are attached to this Agreement (except as expressly noted otherwise above).C. There are no Contract Documents other than those listed above in this Article 10.EJCDC P-520 Forn of Agreement Between Buyer and Seller for Procurement ContractsCopyright 02000, National Society of Professional Engineers. AlU rights reserved.00520-502001-158 Rotary Drum Thickeners

D. The Contract Documents may only be amended, or supplemented as provided in Paragraph 3.04 of the GeneralConditions.ARTICLE 11 - MISCELLANEOUS11.01 Defined TermsA. Terms used in this Agreement will have the meanings indicated in the General Conditions.11.02 AssignmentA. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party heretowithout the written consent of the Engineer and the party sought to be bound; and, specifically but without limitation, moneys thatmay become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of thisrestriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, noassignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.11.03 Successors and AssignsA. Buyer and Seller each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, itspartners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in theContract Documents.11.04 SeverabilityA. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regnlation shall bedeemed stricken, and all remaining provisions shall continue to be valid and binding upon Buyer and Seller. The ContractDocuments shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comesas close as possible to expressing the intention of the stricken provision.EJCDC P-520 Form of Agreement Between Buyer and Seller for Procurement ContractsCopyright 2000, National Society of Professional Engineers. Alt rights reserved.00520-602001-158 Rotary Drum Thickeners

11.05 BondsA. Performance Bonds and Payment Bonds are not required.IN WITNESS WHEREOF, Buyer and Seller have signed this Agreement in duplicate. One counterpart each has beendelivered to Buyer and Seller. All portions of the Contract Documents have been signed or identified by Buyer and Seller or ontheir behalf.This Agreement will be effective onBuyer:Seller: Parkson CoroorationBy:[Corporate Seal]By[Corporate Seal]Attest:Attest:Address for giving notice:Address for giving notice:(If Buyer is a corporation, attach evidence ofauthority to sign. If Buyer is a public body,attach evidence of authority to sign andresolution or other documents authorizingexecution of Buyer-Seller Agreement.)Agent for service of process:(If Seller is a corporation or a partnership,attach evidence of authority to sign.)Designated Representative:Name:Title:Address:Phone:Facsimile:Designated Representative:Name:Tide:Address:Phone:Facsimile:EJCDC P-520 Forn of Agreement Between Buyer and Seller for Procurement ContractsCopyright 02000, National Society of Professional Engineers. All rights reserved.00520-702001-158 Rotary Drum Thickeners

ATTACHMENT ASnecificationsSection Title00400 Proposal Form00520 Agreement Between Buyer and Seller00700 General Conditions012126 Equipment Allowances* 01 33 23 Shop Drawings, Product Data and Samples014013 Codes and Standards01 43 13 Manufacturer Services01 45 29 Testing Laboratory Services01 62 00 General Equipment Stipulations01 66 10 Transportation and Handling01 66 11 Storage and Protection01 74 23 Cleaning and Wastewater Management017516 Starting of Systems017823 Operating and Maintenance Data01 78 33 Warranties and Bonds01 78 39 Project Record Documents05 50 00 Metal Fabrications09 90 00 Painting and Coating26 29 23 Low-Voltage Adjustable Frequency Drive System40 99 90 Package Control Systems44 46 26.03 Rotary Drum ThickenersDrawin sNumber80-M-480-M-880-M-9TitleAEROBIC SLUDGE STORAGE AND THICKENING UPPER PLANAEROBIC SLUDGE STORAGE AND THICKENING SECTIONSAEROBIC SLUDGE STORAGE AND THICKENING SECTION AND DETAILEJCDC P-520 Form of Agreement Between Buyer and Seller for Procurement ContractsCopyright 92000, National Society of Professional Engineers. All rights reserved.00520-802001-158 Rotary Drum Thickeners

562 Bunker CourtVernon Hills IL 60061-1831Phone 847.816.3700P a rK 401iFax 847.816.3707Treating Water RightRECEIVEDJordan, Jones & Goulding, Inc.6801 Governors Lake Parkway MAY 0 9 2068Building 200Norcross, GA 30071J.J.G. - CONSTAttn: Mr. Tom KelleyPROJECT#,Ref: Pre-Selected Equipment AllowanceRotary Drum ThickenersAthens-Clarke County, GANorth Oconee WRFDear Mr. Kelley,Parkson Corporation proposes our Thick Tech rotary drum thickener for the above referenced pre-selectedequipment allowance. The Thick Tech unit is the basis of design for this project. All materials, equipment andservices proposed comply with all the Drawings and Specifications included in or with the Request for Proposal.In addition to the required bid proposal form, a technical specification and dimensional drawing is included whichdetails the equipment offered by Parkson for this project. Further, an installation list is enclosed which detailsParkson's long and successful history with the Thick Tech rotary drum thickener.Thank you for your consideration of Parkson Corporation equipment. If you have any questions or need anyadditional information, please contact our representative, Mr. Doug Blackmon of The TDH Company, or me.Sincerely,?hG. NagelMunicipal Salescc: Mr. Doug Blackmon, The TDH Company (770/509-1808)Fort Lauderdale * Chicago+ Montreal + Sao Paulo * Dubaiwww.parkson.comtechnology@parkson.com

PROPOSAL FORMPRESELECTED EQUIPMENT ALLOWANCERotary Drum ThickenersAthens North Oconee Water Reclamation FacilityforThe Unified Government of Athens-Clarke CountyAthens, GATABLE OF ARTICLESArticleArticle No.Proposal R ecipient .................................................................................................................IProposer's Acknowledgments .............................................................................................. 2Proposer's Representations ..................................................................................................... 3B asis of P roposal ....................................................................................................... . ....... 4T im e of C om pletion ................................................................................................................ 5Attachments to this Proposal .................................................................................................... 6D efined T erm s ..................................................................................................................... 7Proposal Submittal ............................................................................. 8EJCDC P-400 Proposal Form for Procurement ContractsCopyright 02000, National Society of Professional Engineers. All rights reserved.00400-102001-158 Rotary Drum Thickeners

ARTICLE 1 - PROPOSAL RECIPIENT1.01 This Proposal is submitted to the Engineer, Jordan, Jones and Goulding, Inc.1.02 The undersigned Proposer proposes and agrees, if this Proposal is accepted, to enter into an Agreement with the Buyerin the form included in the Request for Proposal Documents to furnish the Goods and Special Services as specified orindicated in the Proposal Documents for the prices and within the times indicated in this Proposal and in accordance with theother terms and conditions of the Proposal Documents.1.03 The Buyer of the Goods and Special Services will be the successful Bidder (Contractor) for the referenced Project.ARTICLE 2 - PROPOSER'S ACKNOWLEDGMENTS2.01 Proposer accepts all of the terms and conditions of the Request for Proposal. It is anticipated that the successfulbidder of the general construction project (Contractor/Buyer) will be given a Notice to Proceed by the Owner on or beforeSeptember 2, 2008. The Proposal will remain subject to acceptance for 90 days after the date of the anticipated NoticeProceed specified in the Request for Proposal, or for such longer period of time that Proposer may agree to in writing uponrequest of Engineer or Buyer.2.02 Proposer accepts the provisions of the Agreement as to liquidated damages in the event of its failure to furnish theGoods and Special Services in accordance with the schedule set forth in the Agreement.ARTICLE 3 - PROPOSER'S REPRESENTATIONS3.01 In submitting this Proposal, Proposer represents, as set forth in the Agreement, that:A. Proposer has examined and carefully studied the Proposal Documents included with the Request for Proposal, otherrelated data identified, and the following Addenda, receipt of all of which is hereby acknowledged.Addendum No.Addendum DateB. Proposer has visited the Point of Destination and become familiar with and is satisfied as to the. local conditions thatmay affect cost, progress, delivery or the furnishing of Goods and Special Services.C. Proposer is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost,progress and the ftmishing of Goods and Special Services.D. Proposer has carefully studied and correlated the information known to Proposer, and information and observationsobtained from Proposer's visits, if any, to the Point of Destination with the Proposal Documents.E. Proposer has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Proposer hasdiscovered in the Proposal Documents, and the written resolution thereof by Engineer is acceptable to Proposer.F. The Proposal Documents are generally sufficient to indicate and convey understanding of all terms and conditionsfor furnishing the Goods and Special Services for which this Proposal is submitted.G. Proposer further represents that this Proposal is genuine and not made in the interest of or on behalf of anyundisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association,organization or corporation; Proposer has not directly or indirectly induced or solicited any other Proposer to submit a falseor sham Proposal; Proposer has not solicited or induced any individual or entity to refrain from Proposal; and Proposer hasnot sought by collusion to obtain for itself any advantage over any other Proposer or over Buyer.EJCDC P-400 Proposal Form for Procurement ContractsCopyright 02000, National Society of Professional Engineers. All rights reserved.00400-202001-158 Rotary Drum Thickeners

ARTICLE 4 - BASIS OF PROPOSAL4.01 Proposer will furnish the Goods and Special Services in accordance with these Contract Documents for the followingprice(s), which do not include sales tax:* $L_ 00O Shop Drawing Preparation* s413 2 5 014anufacturing of Goods* $ 1, 000.00special Services* $3q,4? . iYOTAL Lump Sum4.02 Additional Proposed Costs:$ The Seller's monthly fee for storage of Goods at Seller's fhciities in the event that Buyerdesires to delay shipment beyond the shipment date stated below in Article 5.02. Such feeshall include interest on money due Seller* $ )0. O The Seller's monthly fee for Buyer delaying the initiation of manufacturing of Goods or fornot executing the Procurement Agreement within the time specified in 4.03 below4.03 Seller and Buyer shall execute the Procurement Agreement within 45 days after the Contractor's/Buyer's Notice toProceed from the Owner. Should the Procurement Agreement not be executed within said 45 days due to the fault of theBuyer, the Buyer shall be subject to the prorated additional costs identified in Paragraph 4.02 above. Should the ProcurementAgreement not be executed within the said 45 days due to the fault of the Seller, Seller shall be subject to the liquidateddamages provisions in the Procurement Agreement. The issue of fault will be determined by the Engineer.ARTICLE 5 - TIME OF COMPLETION5.01 Proposer agrees that the furnishing of Goods and Special Services will conform to the schedules set forth below,which will be incorporated into Article 5 of the AgreementTime required by Seller to prepare approvable Shop Drawings: qS consecutive calendar days afterexecution of the Agreement between the Buyer and Seller.Time required by Seller after receipt. of approved Shop Drawings to deliver all goods: 1 consecutive calendardays.Time required to complete all Special Services: within 15 consecutive calendar days after notificationfrom Buyer to Seller to commence such Special Services.5.02 Proposer agrees that the prices in Article 4 above are based on the condition that shipment of goods may be delayedby the Buyer until December 1, 2009ARTICLE 6 - PROPOSAL DOCUMENTS6.01 The following documents are attached to and made a condition of this Proposal:A. Proposer's supporting dataEJCDC P-400 Proposal Form for Procurement ContractsCopyright Q000, National Society of Professional Engineers. All rights reserved.00400-302001-158 Rotary Drum Thickeners

6.02 The following documents are incorporated by reference as included in the Request for Proposal and as amended byaddenda, if any:A. Specifications: See Attachment A.B. Drawings: See Altachment A.ARTICLE 7 - DEFINED TERMS7.01 The terms used in this Proposal have the meanings indicated in the General. The significance of terms with initialcapital letters is described in the General Conditions.ARTICLE S - PROPOSAL SUBMITTAL8.01 This Proposal submitted by:If Proposer is:A PartnminParnership Name:By:(Signature of general partner - attach evidence of authority to sign)(SEAL)Name (typed or printed):Business address:Phone:A CorporationFaeshnile:Corporation Name- PAEKSON CORPORATION (SEAL)State of inro .on DELAWAREType (Gen s P onalhS Liability): CORPORATIONNa (typedorprinted: S EVEN A. ROTHENBERGTitleCONTRACTS LEADERAttestQ N{ c4 OR hSALBusinessaddress: 2727 NW 62nd Street, Ft. Lauderdale, FL 33309Phone: 954-974-6610 Facsimile: 954-974-6182Date of Qualification to do business is 19678.02 This Proposal is submitted this 1__ dayof Mg, .204EJCDC P-400 prosal Form for Procurement ContractsCoprIg 0000, Nation oty of Professioasl Engnee. All rlghts reserved.00400-402001-1U8 Rotary Drum Thickeners

PARKSON CORPORATIONUnanimous Written Consent of Directorsin Lieu of MeetingThe undersigned, being all of the members of the Board of Directors of ParksonCorporation, a Delaware corporation (hereinafter referred to as the "Corporation"), acting pursuantto Section 141(f) of the Delaware General Corporation Law, do hereby consent to the adoption ofand do hereby adopt the following resolutions and declare them to be in full force and effect as ifthey had been adopted at a duly convened meeting of the Board of Directors of the Corporation:RESOLVED, that the following persons be, and each of themhereby is, authorized to execute and deliver on behalf of the Corporation,bids and contracts with customers up to a limit of $1,000,000 per bid orcontract:Peter C. LynchSean D'SlivaErnie lznagaMichael W. MillerSteven A. RothenbergMark D. Turpinday of January 2008.FURTHER RESOLVED, that the President of the Corporation be,and he hereby is, authorized to execute and deliver on behalf of theCorporation bids and contracts with customers for amounts in excess of$1,000,000.00 not to exceed $5,000,000.00; and it isFURTHER RESOLVED, that any and all resolutions adopted by theBoard of Directors with respect to the foregoing shall remain in full forceand effect, except as herein modified.IN WITNESS WHEREOF, the undersigned have executed this Consent as of this 16thBen J. HennellySaber Z.oodMichael D. Milligan /F:\WPFILEW11NUTESPARKS ONPARKSbds.dc

Comments/Clarifications/Modifications to Athens/North Oconee WRF RFQTo EJCDC P-520Agreement Between Buyer and Seller for Procurement ContractsArticle 5 - Contract Times5.01 Time is of the EssenceSeller requests that this be changed to "Time is of Importance"5.05 Liquidated DamagesSeller requests that this paragraph be changed as follows:"Time is of the Essence" to "Time is of Importance"; "$2000/day" to "$600/day, not to exceed 25% of thecontract value".To EJCDC P-700Standard General Conditions for Procurement ContractsArticle 5 -Seller's Responsibilities5.08 - Seller will supply its written Project Warranty during the submittal process.5.09 - Replace this clause with Seller's Indemnification clause as follows:Indemnity & Damages: Parkson agrees to indemnify you (and you only) from direct claims arising out of or resultingfrom Parkson's activities at Parkson's business premises or your premises. In no event shall Parkson owe suchindemnification unless a claim has been made against you due directly from actions or inactions of Parkson relatedto this Project. If other entities (I.e., you or any of your affiliates) are also a cause for a portion or all of said claim,then Parkson's liability shall only be for that portion of the claim caused by Parkson. In no event shall Parkson beliable for any consequential, incidental, exemplary, punitive, treble or any other damages outlined below. Parksonwill not be liable for any entities' legal fees other than its own. Parkson's responsibility and your availability forredress shall be solely limited to personal injury and intellectual property claims. No other claims or damages of anykind will be cause for liability against Parkson unless the law does not permit such waiver. Total liability for Parkson,whether Liquidated or not, shall be no more than the value of the Equipment.Limitation of Liability. Neither you nor Parkson or our respective representatives, agents, contractors,subcontractors, invitees or licensees shall in any event be liable to another party or its representatives, agents,contractors, subcontractors, invitees or licensees for claims for consequential, incidental, exemplary, punitive or anyindirect damages of any nature, arising at any time, from any cause whatsoever, whether arising in tort, contract,warranty, strict liability, by operation of law, or otherwise, even if by that party's own negligence or fault, connectedwith or resulting from performance or non-performance via this Project.Article 6 - Shipping and Delivery6.02 - Replace with the following:A) All US supplied items (all electrical components and control panels, all hydraulic components, anchor bolts) areF.O.B. Factory with freight prepaid and included to the jobsite, Title transfers at the Factory. All in accordance withUCC Section 2.B) All foreign supplied items (SuperScraper TM Bottom Scraper components not mentioned in the proceedng item A)are CIP Jobsite. All freight, duties and transport charges to the jobsite are included. Title transfers at the Seller'sEuropean factory. Marine and War Insurance Is included and will be in the name of the Contractor. All in accordancewith INCOTERMS 2000.C) Taxes excludedD) All foreign supplied equipment stated in B) above arrives in container(s), the container(s) can remain on site freeof charge for up to five (5) days after delivery to jobsite. A charge of $75.00 per day will be assessed if thecontainer(s) is (are) kept on site for an additional five (5) days after delivery to jobsite and is not included in theabove price. Arrangements to hold the containers on site for longer than ten (10) days must be negotiated betweenParkson and the Purchaser prior to the shipping of the equipment and are not part of the above pricing.6.03A- Risk of loss and insurable interests transfer from the Seller to Buyer at the factory as described in 6.02.Article 8 - Buyer's Rights8.03 - The correction period shall be 12 months from startup or 18 months from shipment, whichever occurs first.Aricle 11 - Cancellation, Suspension & TerminationAny cancellation for cause/default or convenience shall be in accordance with the following:If Buyer terminates this order as a result of Seller's default, the Seller shall be liable for all damages allowed in law orequity, including the excess cost of reprocuring similar equipment,If this order is terminated for the convenience of Buyer, Seller will be compensated in accordance with the followingcancellation schedule:MilestoneCancellation Fee as % of Contract ValueUp to and including mailing of the Approval Drawings 10%Up to and including receipt of the Approval Drawings 30%and release to manufactureUp to and including 25% manufactured 45%Up to and including 50% manufactured 60%Up to and including 75% manufactured 85%Up to and including 100% manufactured 100%

Hanson, RickFrom:MAHONEY770@aol.comSent:Wednesday, May 14, 2008 9:47 PMTo:Hanson, Rick; dave.muckerman@ch2m.comCc:dblackmon@tdhco.com; pmahoney@parkson.com; JNagel@parkson.com;srothenberg@parkson.com; mmiller@parkson.comSubject: Drum Thickeners for Athens, Equipment Proposal Review - Meeting 5/15/08Drum Thickeners for Athens, Clarke Co., GA. North Oconee WRF - EouiDment Proposal Review -Neaotlation Meeting 5/15108Dear Sirs:Thank you all for your time and consideration of our "bid to Engineer" for the supply of 2 x 400 gpm Rotary DrumThickeners per your specification (our Parkson product models "ThickTech 400").Further to our meeting today at 9 AM at the JJ&G offices in Atlanta, GA. I am pleased to confirm in writing ourresponses to your comments received 5/12/08 related to our bid for the RDT 400 units for the above plant.In attendance:-Mr. Rick Hanson, P.E. (Jordan Jones & Goulding)Mr. David Muckerman, P.E., BCEE (CH2MHilI)Mr. Douglas Blackmon. P.E. (The T.D.H. Company L.L.C.)Mr. Paul L. Mahoney, I. Eng. (Parkson Corporation)I interpose our response and/or confirm (blue) between each of your original questions (red) below as follows:-Drum Th ckeners - Athens Equipment Proposal Review Comments1. N informationisj.rovided to verJfythat the motors that are controlled from VFDs (i.e. floc tank mixer motors andth main drive motors) are inverter duty rated as specified. Please verify. Answer to Question 1. PARKSONposes to supplv both the specified VFDs and Motors (2 per RDT unit) required for the Floc Tank mixer andR T Drive in matched form and confirm that the poposed motors are inverter duty rated, per the specification1T eprnposal includes several options that can be included. The say_ water solenoid is not rg-qvidJor thisin tllation.A wer to Oueto 2 AKON notes that a s.pray slenoid valve will required to control the flow of thes oplied Wash Water to the Rotating Drum Assembly spray wash system. Controls for the same are includedw hin the control panel in our offer. Although not soecified, such valve(s) will supply these as part of our generalc e of equipment. The client may wish to supply another Woe that meetsany special site specific requirementsbtthese are_Lqitred~t ensr a ajs~~yinstallation control sequence.3. It is unclear in the proposal if the solids dischargae cbute jasrLeuired for the desion. The-chute shown lnther n _raviQgdappears to be a standard offering-and does n ocmatcJ the oein the design.to Question uwer 3. The solids discharge chute is included within our offer, but not drawing was producedtO show_ itgre-submittal. Such diverter chute drawing will be-part of our submittal dQcument, gQ.PJJrchase0der.4,____ r.us features in the pposal are listed as o tional but are required, eg. _en_.nor___eodrontgo1c nnection, oolvmer injection rings, etc.A iswer to question 4. Items noted as "options" in our proposal document Clause 9.0 are included in thesa )e of our offer and are in line with your specification.1

5. R guired inputs and outputs (I/0) from the control Danel can not be verified. Detailed submittal shall include I/Oa specified.A i estion S. Required inputs and outu.s (1/ from the control nanel are to be included in ourgp l _0 pply in line with your specification.26.At the meeting the matter of a Vortex Mixer valve per RDT was mentioned by PARKSON as not bein soecifiedbtha Engineer or included in our present scope. The function of this item was described to improve Polymer/Sludgem xina when installed at the position of the polymer injection ring (specified and included) and enable optimumPL lymer usage. We would confirm that the cost for the addition of 2 vortex mixing valves, for installation into 6"di ameter pioework and made of aluminum, if added to our scopgoe suppy wudb a total of $9,764 over anda ove the prce we submitted.CstsBudget rice of $555,000 for three RDT 400s provided Sept 2006.Updated Price of $210.000 for one RDT400 provided Aug 2007.PARKSON Response:- The increase in cost of ourMay 2008 proposal over our more recent former budget (Aug 2007) isrelated to changes in requirements of controls, increase in Field Service Requirements in days and trios to site, known (todate)_nd edlnfltion of materials and services in the intervening periods ince our bud w_.rna expectedTerms ar d Conditions5.02 ime is of the Essence' must remain. With regard to ]3&G/CH2MHilI's comments to our Termldonditions modifications request, PARKSON respectfully counter with the following: 1. P-520Para..01 - While we object to the Inclusion of the term "time is of the essence". we will accept it if (1)e prolect schedule is realistic and do-able and (2) the customer understands that this phrase canork against them if they don't keep to the schedules regarding, but not limited to, (a) Notice orward, (b) Notice to Proceed, (c) Acceptance of Deliveries, (d) Payments of Invoices.5.05 Liquidated Damaaes - 'Time is of the Essence' must remain. Values are acceptable. With regard toJG/CtJ IMHilI's comments to our Terms and Conditions modifications request, PARKSON respectfullycounter iththef win _ . P-520 Parat 5 _jfT comments applyto this clause re "time Isofthe esse ca". We do: however. appreciate 3&GICH2M1HilI's acceptance of our proposed ID schedule.5.08 roiect Warranty will be as specified in General Conditions. See 8.03 Correction Period - 12 monthsfrom sta up or 18 months from shipment....shall read 12 months from accepted start up. With reard toJJ&G/C 2MHill's comments to our Terms and Conditions modifications request, PARKSON respectfully counterwith the I lowin : 3. P-720 Para. 5.08 - We did not oboect to this clause. We only stated that we would provide awritten w rranty policy during the submittal stage. This clause is supplemented by Para 8.03 Correction Periodwhere in t states that the correction period is "one year after final acceptance of the Proiect or 18 months afterdelivery f Goods. whichever is sooner". JJ&GICH2MHIIl now wish to change the Correction Period to "12months er accepted startup". We cannot accept this change to the terms and conditions to which we bid. Thistimefram is onen-ended. If JJ&G wish to ut an end-date to it. we can advise if we will need to amend our riqceto take a v extra warranty time into account. However, at the meeting It is understood that the warranty clockwill start t the time of "beneficial use" commencing and run for a term of 12 months, or 18 months after delivery,which ev r is the sooner.I trust tha 7 above is a true and accurate record of our meeting and understanding. Please advise me if any of thefqrLegoJrequires re-wording to meet your full agrement.2

Furt-her,.p ease advise me ifyou will require us to provide a picedscope/ouotation document foj inclusionu comng.addIadtoin yourBiddinWQnt3r ors to advisthem of the sope and agreed value of these negotiated (Two)PAR Q_ N ThickTech _O's-Ro .- __Drum Thickener ,._co- Jewitkh.Engineering,_controQj,.ndries and site seirves peryour speci fcation.Yours TruPaul Mah nev I Regional Manager I Parkson I +1 770-366-23561 www.parkson.comIMPORTN T NOTICE: The information in this email is confidential and may also be privileced. If you are not the intendedrecipient, any use or dissemination of the information and any disclosure or copying of this email is unauthorized andstrictly pr hibited. If you have received this email in error, please promptly inform us by reply email or telephone. Youshould als delete this email and destroy any hard copies produced immediately.Wonderini what's for Dinner Tonight? Get new twists on family favorites at AOL Food.3

AGREEMENT BETWEENBUYER AND SELLERFOR PROCUREMENT CONTRACTSPrepared byENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEEandIssued and Published Jointly Byil. AMERICAN CONSULTING National Society of A S E American SocietyENGINEERS COUNCIL Professional Engineers® S of Civil EngineersPROFESSIONAL ENGINEERS IN PRIVATE PRACTICEA Practice Division of theNATIONAL SOCIETY OF PROFESSIONAL ENGINEERSAMERICAN CONSULTING ENGINEERS COUNCILAMERICAN SOCIETY OF CIVIL ENGINEERSThis document has been approved and endorsed byThe Associated General Contractors of AmericaEICDC No. P-520 (2000 Edition)and theConstruction Specifications InstituteEJCDC P-520 Form of Agreement Between Buyer and Seller for Procurement ContractsCopyright '2000, National Society of Professional Engineers. All rights reserved.02001-158 Odor Control (Biotowe-) System

Copyright 02000National Society of Professional Engineers1420 King Street, Alexandria, VA 22314American Consulting Engineers Council1015 15th Street, N.W., Washington, DC 20005American Society of Civil Engineers1801 Alexander Bell Drive, Reston, VA 20191NOTE:SICDC publications may be ordered from any of the three sponsoring organizations above and from CSIheadquarters at 99 Canal Center Plaza, Suite 300, Alexandria VA 22341.EJCDC P-520 Fora of Agreement Between Buyer and Seller for Procurement ContractsCopyright 02000, National Society of Professional Engineers. All rights reserved.02001-158 Odor Control (Biotower) System

TABLE OF ARTICLESArticleArticle No.Goods and Special Services ......................................................................................................... 1The Project ............................................................................................................................. 2Engineer ................................................................................................. ........................ .3Point of Destination ................................................................................................................. 4Contract Tim es ..................................................................................................................... 5C ontract Price ....................................................................................................................... 6Paym ent Procedures .................................................................................................................. 7Interest .................................................................................................................................. 8Seller's Representations .............................................................................................................. 9Contract Documents ................................................................................................................ 10M iscellaneous .......................................................................................................................... 11EJCDC P-520 Form of Agreement Between Buyer and Seller for Procurement ContractsCopyrght 02M0, National Society of Professional Engineers. All rights reserved.00520-102001-158 Odor Control (Biotower) System

AGREEMENTTHIS AGREEMENT is between("Buyer") and Siemens Water Technologies ("Seller").Buyer and Seller, in consideration of the mutual covenants set forth herein, agree as follows:ARTICLE 1 - GOODS AND SPECIAL SERVICES1.01 Seller shall furnish the Goods and Special Services as specified or indicated in the Contract Documents. The Goodsand Special Services to be funiished are described in Article 10 of this Agreement.ARTICLE 2 - THE PROJECT2.01 The Project for which the Goods and Special Services to be provided under the Contract Documents maybe the whole oronly a part is generally described as follows: Athens North Oconee Water Reclamation FacilityARTICLE 3 - ENGINEER3.01 The Contract Documents for the Goods and Special Services have been prepared by Jordan, Jones and Goulding, Inc.who is hereinafter called Engineer and who is to assume all duties and responsibilities, and have the rights and authority assignedto Engineer in the Contract Documents in connection with the fauishing of Goods and Special Services. The Project wasdesigned by CH2MHill.ARTICLE 4 - POINT OF DESTINATION4.01 The place where the Goods are to be delivered is defined in the General Conditions as the Point of Destination and isdesignated as: Athens North Oconee Water Reclamation Facility, 650 Bailey Street, Athens, GA 30605.ARTICLE 5 - CONTRACT TIMES5.01 Time of the EssenceA. All time limits for Milestones, if any, the delivery of Goods and the furnishing of Special Services as stated in theContract Documents are of the essence of the Contract.5.02 Days for Submittal of Shop DrawingsA. All Shop Drawings and Samples required by the Contract Documents shall be submitted to Buyer for Buyer's and forEngineer's review and approval within 90 days after the date when the Contract Times commence to run as provided in Paragraph2.03 of the General Conditions.B. Within 21 days of receipt from the Seller,1. Buyer shall review, approve and forward the Shop Drawings to the Engineer for review, or2. Buyer shall review, disapprove and return the Shop Drawings to the Seller for resubmittal.C. Buyer shall return Shop Drawings to the Seller within 7 days of receipt of reviewed Shop Drawings from the Engineer.D. The time stated in paragraph 5.02.A. shall be the cumulative amount of time allowed the Seller for the preparation ofapprovable shop drawings,, as a part of the initial submittal preparation plus resubmittal preparations, if any.EJCDC P-520 Form of Agreement Between Buyer and Seller for Procurement ContractsCopyright @20N, Notional Society of Professional Engineers. All rights reserved.00520-202001-158 Odor Control (Biotower) System

5.03 Date for Delivery of GoodsA. The Goods are to be delivered to the Point of Destination and ready for Buyer's receipt of delivery within a period ofnomore than 210 days after the date on which approved Shop Drawings are delivered to the Seller.B. The cumulative amount of time allowed the Seller for the preparation of approval Shop Drawings and Delivery of Goodsis the sum of the days in paragraph 5.02 and paragraph 5.03.A. above. Unused time under one paragraph may be used tosupplement the allowable time under the other paragraph.C. Buyer may delay shipment of Goods until December 1. 20095.04 Days for Furnishing Special Se'vicesA. The furnishing of Special Services to Buyer will commence within 7 days after Buyer's written notice to Seller thatBuyer is ready for such Special Services, and shall be completed within 80 days thereafter.5.05 Liquidated DamagesA. Buyer and Seller recognize that time is of the essence of this Agreement and that Buyer may suffer financial loss if theGoods are not delivered at the Point of Destination and ready for receipt of delivery by Buyer within the times specified inParagraph 5.03 above, plus any extensions thereof allowed in accordance with Article 7 of the General Conditions. The partiesalso recognize that the timely performance of services by others involved in the Project may be dependent upon Seller's specificcompliance with the requirements of Paragraph 5.03. Further, they recognize the delays, expense and difficulties involved inproving the actual loss suffered by Buyer if complete acceptable Goods are not delivered on time. Accordingly, instead ofrequiring such proof, Buyer and Seller agree that as liquidated damages for delay (but not as a penalty) Seller shall pay Buyer$2,000.00 for each day that expires after the time specified in Paragraph 5.03.B. for delivery of acceptable Goods (plus anyextensions thereon. No liquidated damages can be assessed unless the cumulative time has been exceeded by the Seller. Suchliquidated damages shall be the sole remedy in damages available to Buyer for any delay by Seller. The total amount of liquidateddamages that can be assessed is the total Contract Price.ARTICLE 6 - CONTRACT PRICE6.01 Buyer shall pay Seller for furnishing the Goods and Special Services in accordance with the Contract Documents incurrent funds as follows:6.02 Proposer will furnish the Goods and Special Services in accordance with these Contract Documents for the followingprice(s), which do not include sales tax:6.03 Additional Costs:$ 150,000.00 Shop Drawing Preparation$ 2,770,000.00 Manufacturing of Goods$ 60,000.00 Special ServicesS 2,980,000 TOTAL Lump SumA. $ 30,000.00 The Seller's monthly fee for storage of Goods at Seller's facilities in the event thatBuyer desires to delay shipment beyond the agreed to shipment date. Such fee shallinclude interest on money due SellerB. $ 7,000.00 The Seller's monthly fee for Buyer delaying the initiation of manufacturing of Goodsor for not executing the Procurement Agreement within the time specified in 6.04belowThe amount of payment of Additional Costs in this Article 6.03 shall be prorated for the actual time impact.EJCDC P-S20 Form of Agreement Between Buyer and Seler for Ptocuremnent ContractsCopyright 200O, National Society of Professional Engineers. Al rights reserved.00520-302001-158 Odor Control (Blotower) System

6.04 Seller and Buyer shalt execute this Procurement Agreement within 45 days after the Contractor's/Buyer's Notice toProceed from the Owner. Should the Procurement Agreement not be executed within said 45 days due to the fault of theBuyer, the Buyer shall be subject to the additional costs identified in Article 6.03, Paragraph B above. Should the ProcurementAgreement not be executed within the said 45 days due to the fault of the Seller, Seller shall be subject to the liquidateddamages provisions in Article 5.05 above. The issue of fault will be determined by the Engineer.6.05 Seller agrees that the prices in this Article 6 are based on the condition that shipment of goods may be delayed by theBuyer until the date stated in Article 5.03, Paragraph C above.ARTICLE 7 - PAYMENT PROCEDURES7.01 Submittal and Processing ofPayments.A. Seller shall submit Applications for Payment in accordance with Article 10 of the General Conditions. Applications forPayment will be processed by the Buyer and Engineer as provided in the General Conditions.7.02 Progress Payment; Retainage.A. Buyer shall make progress payments on account of the Contract Price on the basis of Seller's Applications forPayment as follows:1. Uponreceipt of the first Application for Payment submitted in accordance with Paragraph 10.01.A.1 of the GeneralConditions an amount equal to the cost of Shop Drawing preparation and cost of manufacturing of Goods, less any amountsretained by the Owner from the Buyer and less such amounts as Engineer may determine in accordance with Paragraph10.02.A.3 of the General Conditions.2. Upon receipt of the second and subsequent such Application for Payment in accordance with Paragraph 10.01.A.2 ofthe General Conditions, an amount sufficient to increase total payments to Seller by the amount of the costs for SpecialServices performed to date, less any amounts retained by the Owner from the Buyer and less such amounts as Engineer maydetermine in accordance with Paragraph 10.02.A.3 of the General Conditions.3. No payment for Goods or Special Services shall be made until Goods are delivered to the Project Site.7.03 Final PaymentA. Upon final completion of the delivery of the Goods and performance of all Special Services and upon receipt of the finalApplication for Payment in accordance with Paragraph 10.06 of the General Conditions, Buyer shall pay the remainder of theContract Price, including retainage.ARTICLE 8 - INTEREST8.01 All monies not paid when due as provided in Article 10 of the General Conditions shall bear interest at the rate of sixpercent per annum.ARTICLE 9 - SELLER'S REPRESENTATIONS9.01 In order to induce Buyer to enter into this Agreement, Seller makes the following representations:A. Seller has examined and carefully studied the Contract Documents and the other related data.B. If specified or if, in Seller's judgment, any local condition may affect cost, progress or the fiunishing of the Goods andSpecial Services, Seller has visited the Point of Destination and become familiar with and is satisfied as to the local conditions thatmay affect cost, progress or the fiinishing of the Goods and Special Services.EJCDC P-520 Form of Agreement Between Buyer and Seller for Procurement ContractsCopyright 02000, National Society of Professional Engineers. All rights reserved.00520-402001-158 Odor Control (Biotower) System

C. Seller is familiar with and is satisfied as to all local federal, state and local Laws and Regulations that may affect cost,progress and the funishing of the Goods and Special Services.D. Seller has carefully studied and correlated the information known to Seller, and information and observations obtainedfrom Seller's visits, if any, to the Point of Destination, with the Contract Documents.E. Seller has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Seller has discovered inthe Contract Documents, and the written resolution thereof by Engineer is acceptable to Seller.F. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions forfurnishing Goods and Special Services.ARTICLE 10 - CONTRACT DOCUMENTS10.01 ContentsA. The Contract Documents consist of the following:I. This Agreement;2. General Conditions;3. Specifications bearing the title of Athens North Oconee Water Reclamation Facility (not attached, seeAttachment A for list of applicable sections);5. Drawings bearing the tile of Athens North Oconee Water Reclamation Facility (not attached, see Attachment A forlist of applicable sheets);6. Addenda (Number 1, inclusive)7. Exhibits to this Agreement (enumerated as follows):a. Seller's Proposal, consisting of the following:&Cost Proposal (12 pages)8. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attachedhereto:a. Written Amendment(s);b. Change Order(s);c. Field Order(s);d. Engineer's Written Interpretation(s).B. The documents listed in paragraph I 0.01 .A are attached to this Agreement (except as expressly noted otherwise above).C. There are no Contract Documents other than those listed above in this Article 10.D. The Contract Documents may only be amended, or supplemented as provided in Paragraph 3.04 of the GeneralConditions.EJCDC P-520 Form of Agreement Between Buyer and Seller for Procurement ContractsCopyright 920M0, National Society or Professional Engineers. All rights reserved.00520-502001-158 Odor Control (Biotower) System

ARTICLE 11 - MISCELLANEOUS11.01 Defined TermsA. Terms used in this Agreement will have the meanings indicated in the General Conditions.11.02 AssignmentA. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party heretowithout the written consent of the Engineer and the party sought to be bound; and, specifically but without limitation, moneys thatmay become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of thisrestriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, noassignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.11.03 Successors and AssignsA. Buyer and Seller each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, itspartners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in theContract Documents.11.04 SeverabilityA. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall bedeemed stricken, and all remaining provisions shall continue to be valid and binding upon Buyer and Seller. The ContractDocuments shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comesas close as possible to expressing the intention of the stricken provision.EICDC P-520 Form of Agreement Between Buyer and Seller for Procurement ContractsCopyright 02000, National Society of Professional Engineers. All rights reserved.00520-602001-158 Odor Control (Biotower) System

11.05 BondsA. Performance Bonds and Payment Bonds are not required.IN WITNESS WHEREOF, Buyer and Seller have signed this Agreement in duplicate. One counterpart each has beendelivered to Buyer and Seller. All portions of the Contract Documents have been signed or identified by Buyer and Seller or ontheir behalf.This Agreement will be effective onBuyer:Seller: Siemens Water TechnologiesBy:[Corporate Seal]By:[Corporate Seal]Attest:Attest:Address for giving notice:Address for giving notice:(If Buyer is a corporation, attach evidence ofauthority to sign. If Buyer is a public body,attach evidence of authority to sign andresolution or other documents authorizingexecution of Buyer-Seller Agreement.)Agent for service of process:(If Seller is a corporation or a partnership,attach evidence of authority to sign.)Designated Representative:Name:Title:Address:Phone:Facsimile:Designated Representative:Name:Title:Address:Phone:Facsimile:EJCDC P-520 Form of Agreement Between Buyer and Seller for Procurement ContractsCopyright c2Of), National Society of Professional Engineers. All rights reserved.00520-702001-158 Odor Control (Biotower) System

ATTACHMENT ASpecificationsSection Title00400 Proposal Form00520 Agreement Between Buyer and Seller (to be completed after proposal accepted)00700 General Conditions01 21 26 Equipment Allowances01 40 13 Codes and Standards01 33 23 Shop Drawings, Product Data and Samples014529 Testing Laboratory Services01 66 10 Transportation and Handling01 66 11 Storage and Protection01 62 00 General Equipment Stipulations01 43 13 Manufacturer Services01 7516 Starting of Systems01 74 23 Cleaning and Wastewater Management01 78 39 Project Record Documents01 78 23 Operating and Maintenance Data01 78 33 Warranties and Bonds44 11 20.17 Odor Control (Biotower) System23 05 93 Testing, Adjusting, and Balancing for Hvac23 31 16.16 Thermoset Fiberglass-Reinforced Plastic Ducts23 35 00 Odorous Air Fans26 20 00 Low Voltage AC Induction Motors40 05 15 Piping Support Systems40 05 33 Pipe Heat Tracing40 27 00 Process Piping40 27 00.01 Cement-Mortar, Glass, and Apshaltic-Lines Ductile Iron Pipe and Fittings402700.10 Polyvinyl (PVC) Chloride Pipe and Fittings40 27 00.11 Chlorinated Polyvinyl Chloride (CPVC) Pipe and Fittings40 27 01 Process Piping Specialties40 27 02 Process Valves and Operators40 42 13 Process Piping and Insulation40 80 01 Process Piping and Leakage Testing40 99 90 Package Control SystemsDrawinisNumber Title07-S-6 Structural Odor Control Structure and Pads Foundation Plan07-S-7 Structural Odor Control Structure and Pads Section07-M4 Mechanical Section07-M-5 Mechanical Odor Control System Sections07-M-6 Mechanical Odor Control System Sections07-P-i Plumbing Plan07-E-1 Electrical Power Plan07-E-2 Electrical Odor Control Power Plan11-S-1 Structural Structures and Pads Foundation Plan11-S-2 Structural Structures and Pads Sections11-M-1 Mechanical Plan11 -M-2 Mechanical Sections and DetailsI 1-M-3 Mechanical Sections and DetailsEJCDC P-520 Form of Agreement Between Buyer and Seller for Procurenent ContractsCopyright c2000, National Society of Professional Engineers. All rights reserved.00520-802001-158 Odor Control (Blotower) System

1l-P-i Plumbing Plan1 l-E-1 Electrical Lighting, Receptacle, and Grounding Plan11-E-2 Electrical Power Plan70-S-1 Structural Plan70-S-2 Structural Section70-S-3 Structural Section70-M-1 Mechanical Overall Plan70-M-2 Mechanical Partial Plan70-M-3 Mechanical Section70-M4 Mechanical Section70-M-5 Mechanical Sections and Details70-M-6 Mechanical Isometric70-P-i Plumbing Plan70-E-1 Electrical Lighting, Receptacle, and Grounding Plan70-E-2 Electrical Power Plan1-21 Unit Process 07 Odor Control System1-22 Unit Process 11 Odor Control System Headworks1-23 Unit Process 70 Reactor/Dewatering Sheet I of 21-24 Unit Process 70 Reactor/Dewatering Sheet 2 of 2EJCDC P-520 Form of Agreement Between Buyer and Seller for Procurement ContractsCopyright 02000, National Society of Professional Engineers. All rights reserved.00520-902001-158 Odor Control (Bliotower) System

SIEMENSCOST PROPOSALOdor Control (Biotower) SystemforAthens North Oconee Water Reclamation FacilityAthens, GASWT/RJE File No. MOS-044Prepared on May 8, 2008Local Sales RepresentativeMr. Craig Justice, Heyward Incorporated3590 Habersham at NorthlakeTucker, GA 30084Tel: (770) 496-9808, (404) 444-0448 MobileEmail: wcjheywardatl@mindspring.comSiemens Water Technologies Corp. 12316 World Trade DriveSuite 100Tel: (858) 487-2200Far (858) 487-5600San Diego. CA 92128 wwwsiemens-corn/water

SIEMENSMay 8, 2008Mr. Tom KelleyJordan, Jones and Goulding, Inc.6801 Governors Lake Parkway, Bldg 200Noroross, GA 30071RE:Athens North Oconee Odor Control (Biotower) SystemSWT/RJE File No. M08-044Dear Mr. Kelley,Siemens Water Technologies is pleased to provide this Technical and Cost proposal for the Odor Control(Biotowers) for the Athens North Oconee Water Reclamation Plant in Athens, Georgia.Our proposal is grouped in sections as required in your RFQ. Three copies of the technical proposal andcost proposal are provided. We will be happy to provide additional copies, electronic copies, or any furtherinformation you may require.We have attempted to provide a complete and thorough proposal, with some added features to improveperformance and reliability. We are grateful for this opportunity to offer our products to Athens-ClarkeCounty, and we hope that you will look favorably on our proposal.Please contact our Eastern Technical Sales Manager, Mr. Tom Miles (267) 218-4334, or our local SalesRepresentative, Mr. Craig Justice (707) 496-9808 should you have any questions or require furtherinformation.Very sincerely,Richard Parker, Ph.D.General ManagerOdor Control EquipmentSiemens Water TechnologiesRP: \\mO8-044 cost-050808 (Final).doccc:Mr. Craig Justice, Heyward IncorporatedMr. Bruce Singleton, P.E. Siemens Water TechnologiesSiemens Water Technologies Corp. 12316 World Trade Drive Tel: (858) 487-2200Suite 100 Fax; (858) 487-5600San Diego, CA 92128 www-slemens.om/water

SIEMENSTABLE OF CONTENTSNo.Item Descrintion1. Proposal for Procurement Contracts2. Detailed Scope of Work & Exclusions3. Supplementary ConditionsSiemens Water Technologies Corp. 12316 World Trade Drive Tel: (858) 487-2200Suite 100 Fax: (858) 487-5600San Diego, CA 92128www.siemens.com/water

SIEMENSSECTION 1PROPOSAL FOR PROCUREMENT CONTRACTS- Capital Cost and Schedule of Prices -Siemens Water Technologies Corp. 12316 World Trade Drive Tel: (858) 487-2200Suite 100 Fax: (858) 487-5600San Oego, CA 92128 www.siemens.comiwater

ARTICLE 1- PROPOSAL RECIPIENT1.01 This Proposal is submitted to the Engineer, Jordan, Jones and Goulding, bIn.1.02 The undersigned Proposer proposes and agrees, if this Proposal is accepted, to enter into an Agreement with the Buyerin the form included in the Request for Proposal Documents io furnish the Goods and Special Services as specified orindicated in the Proposal Documents for the prices and within the times indicated in this Proposal and in accordance with theother terms and conditions ofthe Proposal Documents.subjec-t to Proposes exclusions as stated In Section 2 of Proposer. Cost Proposal1.03 The Buyer of the Goods and Special Services will be the successful Bidder (Contractor) for the referenced Project.as modified by the SupplementaryARTICLE 2 - PROPOSER'S ACKNOWLEDGMENTSConditions In Section 3 of Siemens'. P e p lofCost Proposal2.01 Proposer accepts all of the terms and conditions of the Request for ProposalY' It is anticipated that the sucessfulbidder of the general construction project (ContractorBuyer) will be given a Notice to Proceed by the Owner on or beforeSeptember 2, 2008. The Proposal will remain subject to acceptance for 90 days after the date of the anticipated NoticeProceed specified in the Request for Proposal, or for such longer period of time that Proposer may agree to in writing uponrequest of Engineer or Buyer.2.02 Proposer accepts the provisions of the Agreement as to liquidated damages in the event of its failure to famish theGoods nd S .icl Sert-.es in accordance with the schedule set forth in the AgreementARTICLE 3 - PROPOSER'S RZPRESENTATIONS3.01 In submitting this Proposal, Proposer represents, as sat forth in the Agreement, that:A. Proposer has examined and carefully studied the Proposal Documents Included with dhe Request for Proposal, otherrelated data identified, and the following Addenda, receipt of all of which is hereby acknowledged.~Adidendum No- Addendum Dt1 4/11082 41/a/UU3 Qi2t3IUUB. Proposer has visited the Point of Destination and become familiar withr and is satisfied as to the local conditions thatmay affect cost, progress, delivery or the fur'nishing of Goods and Special Servics.C. Proposer is iamiliar with and is satisfied as to all federal, state and local Laws and Regulations that may affec:t cost,* progress and the flunishing of Goods and Special Services.D. Proposer has carefully studied and correted the information known to Proposer, and infrmation and obsrvatonmsobtained from Proposer's visits, ifeany, to the Point of Destination with the Proposal Documents.B. Proposr has given Engineer written notice of all conflicts, erors, ambiguities, or discrepancies that Proposer hasdisovered in the Proposal Docuens, an the written reolution thereof by Engineer is aceptbl to Proposer.F. The Proposal Documents are generally sufficient to indicte and convey understanding of alt terms and conditinsfor furnishing the Goods and Special Services for which this Proposal is submitted.(3. Proposer tirther represents that this Proposal is genuine and not made In the interest of or on behalf of anyundisclosed individual or entity and is not submitted in conformity with any agreement or rles of any group, association,organization or corportion; Proposer has not directly or in directly induced or solicited any other Proposer to submit a falseor sham Proposal; Proposer has not solicited or induced any individual or entity to refrain froma Proposal; and Proposer hasnot sought by collusion to obtain for itself any advantage over any other Prposer or over Butyer.EJacnc P-ao0 repal flerm for ]Pteuaremaeii ContractsColpIt 02000, Nadomat SoeetytlPeOeslonst Enginers AM rights reseved.00400-202001-158 Odor Control (Bitower) System

ARTICLE 4 - BASIS OF PROPOSAL4.01 Proposer will frnish the Goods and Special Services in accordance with these Contract Documents for th followingprice(s), which do not include sales tax:* $150,000 Shop Drwing Preparation. $2,770,000 Manucturing of Goods* S60,000 specialSWAM* $2,980,000 TOTAL Lump Sum4.02 Additional Proposed Costs-* $30,000 The Seller's monthly fee for storage of Goods at Seller's facilities in tie event that Buyerdesires to delay shipment beyond the shipment date stated below in Article 5.02. Such feeshall include interest on money due Seller* $7.000 The Seller's monthly fee for Buyer delaying the Initiation of manufacturing of Goods or fornot executing the Procurement Agreement within the time specified in 4.03 below4.03 Seller and Buyer shall execute the Procurement Agreement within 45 days after the Contractor's/Buyer's Notice toProceed from the Owner. Should the Procurement Agreement not be executed within said 45 days duo to the fault of the SBuyers.h Buyer shall be subject to the prorated additional costs identified in Paragraph 4.02 above. the " - IAgm~neo not be inat4d w'ig"i t; Wd 15 dot duo to tsi-n lt zftz elle, Seller *All be ot: to t:e Iiqnidatzd lowpo. A&mu-o.n prtifn. W cthepscirr" Am&.gcrt.. The issue of fiultwilt be determinedby the Engineer.ARTICLE 5 - TIME OF COMPLETION5.01 Proposer agrees that the fmishing of Goods and Special Services will conform to the schedules set forth below,which will be incorporated into Article 5 of the Agreement.Time required by Seller to prepare approvable Shop Drawings: 90 consecutive calendar days afterexecution of the Agreement between the Buyer and Seller.days.Time required by Seller after receipt of approved Shop Drawings to deliver all goods: 210 consecutive calendarTime required to complete anl Special Services: within 80consecutive calendar days after notificationfrom Buyer to Seller to commence such Special Services. Includes: Start-up, acclimation, performance testing and training of 9 bioscrubbers5.02 Proposer agrees that the prices in Article 4 above are based on the condition that shipment of goods may be delayedby the Buyer until December 1, 2009ARTICLE 6- PROPOSAL DOCUMENTS6.01 Ihe following documents are atached to and made a condition of this Proposal:Note 1: he successful Proposer (Seller) Is ultimately to receive an order from aA. Proposer's supporting data General Contractor (Buyer), and as such, It Is possible4probable that the Buyer willIssue a order with additional or different terms than that which Ser has beenafforded the opportunity to review and comment on at the Pre-Section phase. Senorhas no way of knowing the amount of time required to reach a mutnally agreeable setof conditions with Buyer in the event Buyer's conditions differ to those presented inthe RFP for Odor Control System Pre-Belection Equipment Allowance.EJCDC P1400 Proposal Form for Preuremeant ContractsCopyight @009, Nattonal Society of Professionad Enghneers. An rights reserved.00400-302001-158 Odor Control (Blotower) System

6,02 The following documents are incorporated by reference as included in the Request for Proposal and as amended byaddenda, if any:adiA. Specifications: See Attachment A.B. Drawings: See Attachment A.ARTICLE 7 - DEFINED TERMS7.01 The terms used in this Proposal have the meanings indicated in the General. The significance of terms with initialcapital letters is described in the General Conditions.ARTICLE S - PROPOSAL SUBMITTALt.OtThis Proposal submitted by:.If Proposer is.A PartnrshipPartnership Name: _ _.. ..... (SEAL)Hy:gnahw of general padner - attach evidence of authorly to fls'Name (typed or printed):Business address:_•Phone:Facsimile:A CtorationCoporation Nae. Siemens Water Technologies Corp.•State of~irpomtion: GeerlBuins• Typ (9cnerIt, e c~LRrle, Limited Liability): GnrlBsns(SEAL)Na(tye or attach e__da____ofauthority to signN naa (Wed or printed): Richard d ParkerTitle: General ManagerAjft(Ogna(.. of Corporate Oqot)4Robin Rogge, ControllerBusiness addreas 12316 World Trade Drive, Suite 100, San Diego, CA 92128Phone: (858)487-2200 Facsimile: (858) 487-5600Date of Qualification to do business is August 1 *20048.02 This Proposal is submitted this 8th day of May ,2008EJCDC P-400 Pre ! Fonn for Procurement CoaartetsCopyright @MO0, Nationtal Saity of Professional EngineerL. All rights reserved.00400-402001-158 Odor Control (Biotower) System

OFFICER'S CERTIFICATEI, Peter J. Davis, Vice President and Secretary of Siemens Water TechnologiesCorp., a Massachusetts corporation (the "Corporation"), do hereby certify on behalf ofthe Corporation that Richard Parker is the General Manager for the Odor Controlbusiness segment of the Corporation, and that ir such capacity, Mr. Parker has full powerand authority to execute and deliver the Corporation's Proposal Form and all relatedancillary agreements, documents and instruments for the supply of nine Biological OdorControl Systems to Athens North Oconee, Georgia.IN WITNESS WHEREOF, the undersigned has executed this Certificate on the5th day of May, 2008.Vice President and Secretary

SIEMENSSECTION 2SIEMENS' DETAILED SCOPE OF WORK & EXCLUSIONSSiemens Water Technologies Corp. 12316 Word Trade Drive Tel: (858)487-2200Suite 100 Fax: (858) 487-5600San Diego, CA 92128 www.siemens.com/water

SIEMENSSIEMENS' DETAILED SCOPE OF WORKSiemens Water Technologies' scope of work is presented below. Refer to the modified specificationdrawings included in the technical proposal which show Siemens' scope highlighted in Yellow.Note: Quantities listed below are applicable for Process 07-IPS / Process I I - HW / Process 70 -DW/ABNo. Description IMS HW DW/AB1. FRP Biotrickling Scrubber, Resin: HETRON 992FR or equal, with 1 2 6flame spread of> 25 including:" Flanged Air Inlet Connection with FRP transition piece" Media Support" Polyurethane Foam Media* Liquid Distributor* Mist Eliminator with Wash System" Integral Sump" Drain connections, Manways" Pipe support clips" Outlet Sample Port connection" Flanged Air Outlet Connection* Float type low level switch" Lifting & Anchor Lugs2. Water Cabinet with 316 SST NEMA 4X Enclosure* 1 2 6" Nutrient Feed Pump with manual stroke length adjustment" Nutrient Feed pump discharge Pressure Indicator* Nutrient Pump flow switch* Motorized flow valves (qty 3)" Recirculation Flow transmitter (paddlewheel/pulse type)" Recirculation Pressure Indicator" Water Pressure Indicator* Water Rotameter" Strainer, manual valves and sch. 80 PVC piping inside cabinet3. Recirculation Pumps (Duty/standby each tower)* 2 4 124. Nutrient Tank* 1 2 6" Low level switch" Heating pad wrap (120 VAC)5. System Control Panel (120 VAC) 1 2 2a 316 SST NEMA 4X Enclosurea Allen-Bradley ControlLogix PLCM Allen-Bradley PanelView 1000 Color TouchscreenOperator Interface (01)B Digital input card and digital output cards as requireda Main Disconnect, Control Switches, Pilot Lights,Siemens Water Technologies Corp. 12316 World Trade Drive Tel! (858) 487-2200Suite 100San Diego, CA 92128Fax: (858) 487-5600ww.siemens.comlwater

SIEMENSTransfbrmer, Circuit breakers, Panel space heater andsurge suppressors.6 Recirculation Pump Control Panel (480 VAC)* 1 2 6* 316 SST NEMA 4X Enclosure* Main breaker, panel heater, surge protector, power monitoringrelay* Motor Starters for recirculation pumps (duty/standby)a Control for recirculation pumps (dutylstandby)* Extra Materials (per spec 40 99 90) including selectorswitch, pushbutton and indicating light (qty 1 each), Light bulb(qty 2), Fuse (qty 5 each type used) and Surge suppressor(qty 1)1. Miscellaneous Instruments Included Included Included* Differential Pressure Indicator (qty I each biotower)* pH probe and Analyzer (qty 1 each Biotower)*8. Spare Parts, as follows: Included Included Included" One (1) Water Cabinet strainer elements (one set per watercabinet)" Three (3) Nutrient Pumps9. Anchor bolts Included Included Included10. Design Submittals and O&M Manuals Included Included Included11. Manufacturer's Services for Installation Confirmation, Two (2) Included Included IncludedTrips for Four (4) Days Total at the Job Site12. Manufacturer's Certificate of Proper Installation, One (1) Trip for Included Included IncludedOne (1) Day Total at the Job Site13. -Manufacturer's Services for Training, One (1) Trip for Two (2) Included Included IncludedDays at the Job Site14. Manufacturer's Services for Functional and Performance Testing Included Included IncludedTwo (2) Trips for Five (5) Days at the Job Site. PerformanceTesting includes Independent laboratory analysis for Odor levels.Two inlet samples and two samples from each Biotower outlet willbe taken and analyzed for odor level during an 8 hour test.15. 10 Years Bioscrubber Media and FRP vessel Warranty Included Included Included16. F.O.B Factory with Full Freight Allowed Included Included Included* Items are part of a packaged skid which is factory assembled and shipped. The installer providesconnections to the skid (electrical and piping) and interconnections between the skid and the Biotower.Siemens Water Technologies Corp. 12316 World Trade Drive Tel: (858) 487-2200Suite 100 Fax: (858) 487-5600San Diego, CA 92128www.siernens.com/water

SIEMENSEXCLUSIONS: EOUIPMENT & SERVICES PROVIDED BY OTHERS1. Equipment unloading, storage, and installation.2. Civil works, foundation design and concrete pads3. Site preparation work.4. All odorous air ducts including ductwork, dampers and flexible connectors up to the biotricklingscrubber inlet connection.5. All duct supports, penetrations and flashing.6. Loading of all vessel internals, including media.7. All utilities and connections: power (480V/3 Ph/60 Hz), water and drain.8. All field wiring, electrical materials, junction boxes, etc and installation from control panels toremote instruments, motors and all signals to plant SCADA.9. SCADA system and development, programming and communication with local panels.10. Odorous Air Fans and all associated controls for the exhaust fans (VFD).11. All piping, manual valves, pipe supports and accessories from biotrickiing scrubber sump torecirculation pump suction (single connection on packaged skid) and from water cabinet toconnection at biotrickling scrubber headers' connection (upper and lower headers).12. Water supply and drain piping and all connections (hardware and gaskets) to and from thebiotrickling scrubber tower and/or water cabinet, including flow transmitter and valves.13. Water supply including isolation valve, back flow preventer, and any other inline componentsup to connection point on water control cabinet.14. Heat tracing and insulation of all piping for water, recirculation and drain.15. Air flow balancin& ductwork air pressure tests, field noise, vibration testing, or field harmonictesting.16. Videotape of training sessions.17. Any field painting, lubricants, any special tools.18. Support stand for PLC control panel and field instruments.19. Computer for programming/connection to PLC20. Costs for Owner's representative for control panel Factory Testing21. All ladders and platforms (if required).22. Any items not explicitly included above in Siemens' scope of work.Siemens Water Technologies Corp. 12316 World Trade Drive Tel: (858) 487-2200Suite 100 Fax: (858) 487-5600San Diego, CA 92128www.siemens.com/water