division 3 concrete~mason ry

DIVISION 3 CONCRETE~MASON RY

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DIVISION 3 -- CONCRETE

SECTION 03300 -- REINFORCED CAST-IN-PLACE CONCRETE

1.01 DESCRIPTION

A. This Section covers the cast-in-place concrete and concrete reinforcement for construction of all concrete structures set forth on the Drawings and in these Specifications.

B. Scope of Work -- Furnish all labor, materials, equipment, and incidentals required to place concrete, forms, joints, including waterstops, and miscellaneous related items including sleeves, anchor bolts, inserts, and embedded items, and concrete finishing; and install all steel bars, steel wire, and wire fabric required for the reinforcement of concrete, as shown on the Drawings and specified herein.

1.02 QUALITY ASSURANCE

A. Concrete -- Portland cements, fine aggregate, coarse aggregate, water, and admixtures as specified and shall be ready-mixed (truck-mixed) concrete produced in accordance with ASTM C 94 and as specified herein. All constituents, including admixture, shall be batched at the central batch plant, except as further specified herein,

B. Reinforced Concrete -- Conform to ACI 301 and as specified herein.

C. Laboratory Tests -- Samples of constituents and of concrete as placed will be subjected to laboratory tests. All materials incorporated in the work shall conform to approved samples.

D. Under special circumstances, the Engineer may allow minor deviations from the material requirements specified, provided the resulting concrete quality is not adversely affected or provided a suitable adjustment in cement content is made to compensate for such deviations without cost to the Owner. Any deviation or adjustment shall be made only after tests are made on trial mixes using the new materials and approved by Engineer.

E. Reference Standards

1. American Concrete Institute a. ACI 21 1.1, Recommended Practice for Selecting

b. ACI 214, Recommended Practice for Evaluation of Proportions for Normal and Heavyweight Concrete.

Compression Test Results of Field Concrete,

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c. ACI 301, Specifications for Structural Concrete for Buildings.

d. ACI 304, Recommended Practice for Measuring, Mixing, Transporting and Placing Concrete.

e. ACI 305, Recommended Practice for Hot Weather Concreting.

f. ACI 306, Recommended Practice for Cold Weather Concreting.

g. ACI 308, Recommended Practice for Curing Concrete. h. ACI 309, Recommended Practice for Consolidation of

Concrete. i. ACI 315, Manual of Standard Practice for Detailing

Reinforced Concrete Structures. j. ACI 318, Building Code Requirements for Reinforced

Concrete.

2. American Society for Testing and Materials a.

b.

C.

d.

e. f.

g. h.

I.

j.

k. I.

m.

n.

P. 0.

% r. S.

t.

ASTM A 82, Cold-Drawn Steel Wire for Concrete Reinforcement . ASTM A 185, Welded Steel Wire Fabric for Concrete Reinforcement. ASTM A 615, Deformed and Plain Billet-Steel Bars for Concrete Reinforcement. ASTM C 31, Making and Curing Concrete Test Specimens in the Field. ASTM C 33, Concrete Aggregates. ASTM C 39, Compressive Strength of Cylindrical Concrete Specimens. ASTM C 40, Organic Impurities in Sands in Concrete. ASTM C 42, Drilled Cores and Sawed Beams of Concrete Obtaining and Testing. ASTM C 78, Flexural Strength of Concrete (Using Simple Beam with Third Point Loading). ASTM C 87, Effect of Organic Impurities in Fine Aggregate on Strength of Mortar. ASTM C 94, Ready-Mixed Concrete ASTM C 131 , Resistance to Abrasion of Small Size Coarse Aggregate by Use of the Los Angeles Machine. ASTM C 138, Unit Weight, Yield, and Air Content (Gravimetric) of Concrete. ASTM C 143, Slump of Portland Cement Concrete. ASTM C 150, Portland Cement. ASTM C 156, Water Retention by Concrete Curing Materials. ASTM C 171 , Sheet Materials for Curing Concrete. ASTM C 172, Sampling Fresh Concrete. ASTM C 173, Test for Air Content of Freshly Mixed Concrete by the Volumetric Method. ASTM C 192, Making and Curing Concrete Test Specimens in the Laboratory.

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U.

V. W.

X.

Y.

Z. aa.

bb. cc.

dd.

ASTM C 231, Test for Air Content of Freshly Mixed Concrete by the Pressure Method. ASTM C 260, Air-Entraining Admixtures for Concrete. ASTM C 295, Petrographic Examination of Aggregates for Concrete. ASTM C 309, Liquid Membrane - Forming Compounds for Curing Concrete. ASTM C 470, Molds for Forming Concrete Test Cylinders Vertically. ASTM C 494, Chemical Admixtures for Concrete. ASTM C 535, Resistance to Abrasion of Large Size Coarse Aggregate by Use of the Los Angeles Machine. ASTM C 595, Blended Hydraulic Cements. ASTM C 618, Fly Ash and Raw or Calcined Natural Pozzolan for Use as a Mineral Admixture in Portland Cement Concrete. ASTM D 3042, lnsoluable Residue in Carbonate Aggregates.

3. American Association of State Highway and Transportation Officials (AASHTO) MI82 burlap cloth made from jute or kenaf.

4. Federal Specification TT-C800A -- Curing Compound, Concrete, for New and Existing Structures.

5. Concrete Reinforcing Steel Institute (CRSI) -- Manual of Standard Practice for Reinforcing Concrete Construction.

6. West Virginia Department of Highways Standard Specifications, Roads and Bridges, Adopted 1986

a. WV DOH Section 501, Portland Cement Concrete Pavement.

b. WV DOH Section 601 , Structural Concrete. c. WV DOH Section 602, Reinforcing Steel. d. WV DOH Section 609, Sidewalks. e. WV DOH Section 610, Plain Concrete Curbing, Integral

Concrete Curbing, and Combination Concrete Curb and Gutter.

F. Concrete Proportions and Consistency

1. Well in advance of placing concrete, the Contractor shall discuss with the Engineer the proposed source of materials. He shall furnish certified copies of test reports, by an independent laboratory approved by the Engineer, attesting to the suitability of the materials as specified herein.

2. The Contractor shall prepare design mixes for each type and strength of concrete by either laboratory trial batch or field

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experience methods as specified by ACI 301

General Construction, Footings, and Substructure Walls Slabs, Beams, Building Columns, Reinforced Walls, and Thrust Blocks

3. Written reports shall be submitted to the Engineer of each proposed mix for each class of concrete at least 15 days prior to the start of work. Do not begin concrete production until mixes have been reviewed by the Engineer.

SlumD (inches) Minimum Maximum

Vibrated Concrete

1 3

2 4

4. Design mixes are to provide normal weight concrete with the following properties.

a.

b.

c. Maximum Water-Cement Ratio

specified.

4,000 psi 28-day compressive strength for all hydraulic structures, including Thrust Blocking. 3,000 psi 28-day compressive strength for slabs-on-grade and all other concrete.

0.55 Ibs/lb -- All concrete, except as otherwise

0.45 -- Curbs, gutters, paving, etc., exposed to 0.45 -- Concrete exposed to sewage.

freezing and thawing. d. Minimum Cement Content -- 564 Ibs/cy. (exposed to

sewage),

5. Adjustment to Concrete Mixes -- Mix design adjustments may be requested by the Contractor when characteristics of materials, job conditions, weather, test results, or other circumstances warrant, at no additional cost to the Owner and as accepted by the Engineer. Laboratory test data for revised mix design and strength results must be submitted to and accepted by the Engineer before using in work.

6. Consistency of the concrete as measured at point of delivery into forms by the ASTM C 143 shall be as shown in Table A.

I

7. Concrete shall be of such consistency and mix composition that it can be readily worked into the corners and angles of the forms and around the reinforcement, inserts, and wall castings without

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permitting materials to segregate or free water to collect on the surface, with due consideration being given to the methods of placing and compacting.

8. No excessive wet concrete will be permitted and, if at any time concrete of such consistency beyond the limits of Table A is delivered to the job, the Engineer may direct the Contractor to reject same or to add extra cement for which no additional payment will be made. A supply of approved cement shall be kept available at the site, and suitably stored, for this purpose. No additional water shall be added by drivers of truck mixers in excess of that established for the design. Failure to comply with this requirement shall be justification for rejecting the concrete.

9. Air-entrainment shall be used for all concrete. Add air-entraining admixture at the manufacturer's prescribed rate to result in concrete at point of placement having air content of 5 to 7 percent.

1.03 SUBMITTALS

A.

B.

C.

D.

E.

F.

G.

Samples -- Submit samples of materials being used as specified and when requested by the Engineer including names, sources, and descriptions.

Certificates -- Furnish the Engineer and local authorities requiring same certificates originated by the batch plant certifying ready-mixed concrete as manufactured and delivered to be in conformance with ASTM C 94.

Delivery Tickets -- A delivery ticket shall accompany each load of concrete from the batch plant. Information presented on the ticket shall include the tabulation covered by ASTM C 94, 15.1.1 through 15.2.8, as well as any additional information the local codes may require. Tickets must be signed by the Contractor's representative, noted as to time and place of pour, and kept in a record at the site. A copy of each delivery ticket shall be provided to the Engineer.

Test Reports -- Submit test reports as specified,

Design Mix -- Prior to production of concrete, submit a design mix for approval as specified.

Schedule -- Submit schedule showing methods and sequence of pouring before concrete is placed.

Shop Drawings -- Submit to the Engineer for review completely detailed placing drawings, bending details, and schedules of all reinforcement required.

1.04 PRODUCT DELIVERY, STORAGE, AND HANDLING

A. Storage of Materials

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1. Store reinforcing materials in a manner to prevent excessive rusting and fouling with dirt, grease, and other bond-breaking coatings.

2. Identify bundles of reinforcing steel with stamped metal tags wired to steel.

1.05 JOB CONDITIONS

A. Protection -- Protect in-place reinforcing from excessive construction traffic and other work.

2.01 MATERIALS

A. Concrete Materials

I, Portland Cement

a. Cement for all cast-in-place concrete shall be a domestic Portland cement and shall conform to the requirements of ASTM C 150, Type I, unless otherwise acceptable to the Engineer. Type II cement shall be used on all concrete structures exposed to sewage. Only one brand and manufacturer of approved cement shall be used.

b.

2. Aggregates

a. Fine Aggregate -- Shall consist of natural sand, manufactured sand, or a combination thereof, conforming to ASTM C 33 and WV DOH Section 702, Fine Aggregate.

b. Coarse Aggregate -- Shall consist of particles of clean, hard, tough, durable, rock, free from adherent coatings conforming to ASTM C 33 and WV DOH Section 703, Coarse Aggregate. Maximum Size of Aggregate -- The nominal maximum size of aggregate, in general, shall not exceed any of the following requirements.

Three-fourths the clearing space between reinforcing bars or between reinforcing bars and side forms. Minimum reinforcement cover distance in reinforced solid slabs. Two-thirds of the minimum clear distance between bars in columns. One-fifth of the narrowest dimension between sides of forms. One-third the depth of slabs.

c.

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d. Aggregate shall be stored in such a manner as to minimize segregation and prevent contamination with other materials. Frozen aggregate is prohibited. Aggregates are to be supplied from a single source. e.

3. Water

a. Water shall be clean, fresh, and free from injurious amounts of oils, acid, alkali, organic matter, or other deleterious substances. River and stream water shall not be used. Chloride concentration shall be less than 300 ppm. Water from sources other than treated public water supply systems shall conform to the requirements of AASHTO T 26.

b.

4. Admixtures

a. All concrete shall have a water-reducing admixture. The water-reducing admixture shall conform to ASTM C 494, for Type D, and the water-reducing admixture shall be Type A. Proportioning and mixing shall be as recommended by the manufacturer.

b. Admixtures causing accelerated setting of cement in concrete shall not be used.

c. Admixtures shall not contain sugar, calcium chloride, or other chlorides. Admixtures shall be stored in a manner so as to prevent contamination, evaporation, or damage. Air-entrainment admixtures shall conform to ASTM C 260. Calcium chloride is not permitted. Retarding agents will not be permitted.

d. e. f.

B. Related Materials

1. Waterstops

a. Provide ribbed-type waterstops at construction joints in all structures containing liquids whether shown on the drawings or not. Minimum width 9 inches, minimum thickness %-inch, unless otherwise shown or specified. a Rubber Waterstops -- Corps of Engineers CRD-C

513, 9-Inch Dumbell type.

Engineer CRD-C 572, 9-Inch Dumbell type. a Polyvinyl Chloride (PVC) Waterstops -- Corps of

a Or Equal.

b. Provide large-diameter waterstops for pipes entering Install the adapter in accordance with

of virgin polyvinyl chloride (PVC) such as

manhole walls. manufacturer's instructions. a PVC Waterstop -- Gasket-type waterstop composed

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i

manufactured by Fernco Joint Sealer Company; CMA Concrete Manhole Adapter. (CMA Waterstop distributed by the General Engineering Company, Frederick, Maryland.) Or Equal.

2. Absorptive Cover -- Burlap cloth made from jute or kenaf, weighing approximately 9 oz./sq. yd., complying with AASHTO M 182, Class 2.

3. Moisture-Retaining Cover -- One of the following complying with ASTM C 171.

a. Waterproof paper. b. Polyethylene film. C. Polyethylene-coated burlap.

4. Liquid Membrane-Forming Curing Compound -- Federal Specification TT-C-800, Type 1, unless other type is acceptable to the Engineer.

a. b.

d. e. f. g. h. i.

C.

Setcon Industries, "KLEARSEAL". The Euclid Chemical Corporation, "FLOOR COAT". Master Builders , "M 6-429". Sonneborn-Contech, "KURE N SEAL 800". Setcon Industries, "KLORKURE 800". W.R. Grace and Company, "CLEAR SEAL 800". L & M Construction Chemicals, "DRESS AND SEAL". Gifford-Hill, "SEALCO 800'. Or Equal.

5. Non-Shrink Metallic Grout -- Use ready-mix products such as the following.

a. Master Builders, "EMBECO 153 GROUT". b. Sonneborn-Contech, "FERROLITH G REDI-MIXED". c. The Euclid Chemical Corporation, "FIRMAX". d. Sika Chemical Company, "KEMOX G". e. L & M Construction Chemicals, "FERROGROUT". f. W.R. Grace and Company, "VIBRO-FOIL". g. Or Equal.

6. Non-Shrink Non-Metallic Grout -- Use ready-mix products such as the following.

a. Sonneborn-Contech, "SONOGROUT". b. c. W.R. Grace and Company, "DAREX NON-METALLIC

d.

Master Builders, "MASTERFLOW 71 3 GROUT'.

GROUT". Saveresian Cement Company, "F-I 00".

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e. f. Or Equal.

U.S. Grout Corporation, "FIVE STAR".

7. Bonding Compound -- Use polyvinyl acetate, rewettable type such as the following. a. Larson Products, "WELDCRETE". b. C. d. e. Sonneborn-Contech, "SONECRETE". f. General Polymers Corporation, "DECO-REZ'. g. Or Equal.

L & M Construction Chemicals, "EVERBOND". The Euclid Chemical Corporation, "EUCOWELD". W.R. Grace and Company, "DARAWELD'.

C. Reinforcing Materials

1. Unless otherwise specified or required, materials, bar supports, detailing, fabrication, workmanship, and erection shall conform to the requirements of the latest CRSl "Manual of Standard Practice for Reinforcing Concrete Construction." Concrete reinforcement in Size No. 3 (3Sinch) and larger shall be deformed billet-steel bars of the sizes and shapes indicated on the Drawings. The steel shall be newly rolled stock of domestic manufacture, substantially free from mill scale, rust, dirt, grease, or other foreign matter. Bars shall conform to ASTM A 615, Grade 60.

2.

3. Rail-steel bars will not be allowed in the work.

4. Reinforcement shall be accurately fabricated to the dimensions indicated on the Drawings. Particular care shall be exercised not to have stirrups oversize in order to maintain proper coverage of concrete. Stirrups and tie bars shall be bent around a pin of not less than 4 diameters for No. 5 bars and smaller.

a. Bars of No. 3 to No. 8 size shall be bent around a revolving collar having a diameter not less than six times the minimum thickness of the bar. Bends of No. 9 to No. 11 bars shall be made around a pin having a diameter not less than eight times the minimum thickness. All bars shall be bent cold. Bars reduced in section or with kinks or bends not shown on the Drawings will not be accepted.

b.

C. d.

5. Wire fabric shall conform to ASTM A 185 for Welded Steel Wire Fabric for Concrete Reinforcement.

6. Steel wire shall conform to ASTM A 82 for Cold-Drawn Steel for Concrete Reinforcement.

7. Metal accessories for setting and fastening of reinforcement shall

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be furnished and installed in accordance with the general requirements of the CRSl "Manual of Standard Practice for Reinforcing Concrete Construction."

2.02 HANDLING MATERIALS

A. Reinforcement shall be shipped to the work with bars of the same size and shape fastened in bundles with metal identification tags giving size and mark securely wired on. The identification tags shall be labeled with the same designation as shown on submitted bar schedules and shop drawings.

B. All bars shall be stored off the ground and shall be protected from moisture and be kept free from dirt, oil, or injurious contaminants.

3.01 FORMS

A. B.

Forms shall be of wood, metal, or other approved material. Design, erect, support, brace, and maintain formwork to support vertical and lateral loads that might be applied until such loads can be supported by the concrete structure. Construct formwork so that concrete members and structures are of correct size, shape, alignment, elevation, and position.

C. Design formwork to be readily removable without impact, shock, or damage to cast-in-place concrete surfaces and adjacent materials.

D. Construct forms to sizes, shapes, lines, and dimensions shown, and to obtain accurate alignment, location, grades, level, and plumb work in finished structures. Provide for openings, offsets, sinkages, keyways, recesses, reglets, chamfers, blocking, screeds, bulkheads, anchorages, and inserts, and other features required in the work. Use selected materials to obtain required finishes. Solidly butt joints and provide backup at joints to prevent leakage of cement paste.

E. Fabricate forms for easy removal without hammering or prying against concrete surfaces.

F. Cleaning and Tightening -- Thoroughly clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt, and other debris just before concrete is placed. Retighten forms and bracing after concrete placement as required to eliminate mortar leaks and maintain proper alignment.

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3,02 PLACING REINFORCEMENT

A. Comply with CRSl's recommended practice for "Placing Reinforcing Bars," for details and methods of reinforcement placement and supports and as herein specified.

B. Clean reinforcement of loose rust and mill scale, earth, ice, and other materials that reduce or destroy bond with concrete.

C. Accurately position, support, and secure reinforcement against displacement by formwork, construction, or concrete placement operations. Locate and support reinforcing by metal chairs, runners, bolsters, spacers, and hangers, as required.

D. Place reinforcement to obtain at least minimum coverages for concrete protection. Arrange, space, and securely tie bars and bar supports to hold reinforcement in position during concrete placement operations. Set wire ties so ends are directed into concrete, not toward exposed concrete s u rfa ces . Install welded wire fabric in as long a lengths as practicable. Lap adjoining pieces at least one full mesh and lace splices with wire. Offset end laps in adjacent width to prevent continuous laps in either direction.

E.

F. In no case shall any reinforcing steel be covered with concrete until the amount and position of the reinforcements have been checked by the Engineer and his permission given to proceed with the concreting. The Engineer shall be given ample prior notice of the availability of set reinforcement for checking.

G. Field bending of reinforcing steel is prohibited.

3.03 CONSTRUCTION JOINTS

A. The location of critical joints throughout the structures are shown on the Drawings but all construction joints are not shown on the Drawings. The other joints shall be located in accordance with the requirements specified herein and meet the Engineer's approval.

6. Unless otherwise directed or shown on the Drawings, all joints shall be provided with keyways that are approximately 2 inches deep and have a width equal to one-third of the thickness of the thinner section.

C. Walls and slabs shall be placed in alternate sections. At least 5 days shall elapse between adjacent pours.

D. Place construction joints perpendicular to the main reinforcement. Continue reinforcement across construction joints.

E. Waterstops -- Provide waterstops in construction joints in all structures containing liquids. Install waterstops to form continuous diaphragm in each

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t

I

3.04

3.05

joint. Make provisions to support and protect exposed waterstops during progress of work. Fabricate field joints in waterstops in accordance with manufacturer's printed instructions.

F. Expansion Joints in Slabs-on-Grade -- Expansion joints shall be placed at maximum spacings of 30 feet in all slabs placed on grade. This includes the concrete bases for street restoration and sidewalks and curbs. The joint material shall be %-inch expansion material as specified in WV DOH Section 708, Joint Materials.

G. Control Joints in Sidewalks -- The surface of sidewalks shall be marked into rectangles of not less than 12 sq. ft. and not more than 5-fOOt intervals with a scoring tool that will form dummy joints. The dummy joints shall extend into the concrete 318-inch depth and shall be approximately 118-inch wide.

H. Joint Sealant -- All expansion and contraction joints shall be sealed with joint sealant materials as specified in W DOH Section 708, Joint Materials.

I. All walls of any splitter box and/or junction box manhole shall be considered a single unit and shall be poured monolithically unless otherwise approved by the Engineer in writing.

PREPARATION OF FORM SURFACES

A. Coat contact surfaces of forms with a form-coating compound before reinforcement is placed.

B. Thin form-coating compounds only with thinning agent of type, and in amount, and under conditions of form-coating compound manufacturer's directions. Do not allow excess form-coating material to accumulate in forms or to come into contact with concrete surfaces against which fresh concrete will be placed. Apply in compliance with manufacturer's instructions.

C. Coat steel forms with non-staining, rust-preventative form oil, or otherwise protect against rusting. Rust-stained steel formwork is not acceptable.

MIXING

A. All ready-mixed concrete production facilities shall be certified by the National Ready-Mixed Concrete Association. A copy of the "Certificate of Conformance for Concrete Production Facilities" shall be submitted to the Engineer prior to mixing any concrete. Equipment shall conform to the Standards of the Concrete Plant Manufacturer's Bureau and shall have the appropriate rating plates attached. Truck mixers shall have a rating plate of the "Truck Mixer and Agitator Standards'' of the Truck Mixer Manufacturer's Bureau.

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B. The retempering of concrete or mortar that has partially hardened will not be permitted. All mixers shall be discharged completely before being recharged.

C. Attention is called to the importance of dispatching trucks from the batching plant so that they shall arrive at the site of the work just before the concrete is required, thus avoiding excessive mixing of concrete while waiting, or delay in placing successive layers of concrete in the forms.

D. Concrete delivered without a proper delivery slip will be rejected. The delivery slip will show the following. 1. 2. Ticket number. 3. Load number. 4. Date and truck number. 5. 6. 7. 8. 9. 10. 11,

Name and location of batch plant.

Destination (name and location of contract). Concrete class and whether reducer-retarder in mix. Actual quantities of all materials, including admixtures. Amount of concrete (cubic yards). Time mixer drum charged with cement. For transit-mixed concrete, the recording of revolution counter. Space for initials of receiving party.

3.06 CONCRETE PLACING AND CONSOLIDATING

A. General -- The Engineer shall be notified at least 24 hours prior to proposed placement of any concrete. Unless otherwise permitted, the work begun on any day shall be completed in daylight of the same day. Place and consolidate concrete in accordance with ACI 304 and ACI 309.

6. Preparation -- The Engineer shall inspect formwork, reinforcing, and other related items prior to placing any concrete.

1. Prepare formwork in advance and remove snow, ice, water, and debris from within forms.

2. Pre-position expansion joint material, anchors, and embedded items.

3. Sprinkle subgrades sufficiently to eliminate water loss from concrete.

4. Do not place concrete on frozen ground.

C. Conveying

1. Handle concrete from mixer to final deposit rapidly by methods that prevent segregation or loss of ingredients to maintain required quality of concrete. Do not convey concrete through aluminum or aluminum alloy. Do not place concrete by pumps or other similar devices without prior written approval of the Engineer.

2. 3.

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D. Depositing

1. 2. 3. 4.

5.

6.

7.

8.

9. I O . 11.

12.

Do not allow concrete to drop vertically more than 4 feet. Deposit in approximately horizontal layers of 12 to 18 inches. Do not allow concrete to flow laterally more than 3 feet. Make placement within sections continuously to produce monolithic unit Carry on placing at such a rate that concrete that is being integrated with fresh concrete is still plastic. Do not deposit concrete on concrete that has hardened sufficiently to cause the formation of seams or planes of weakness within sections. Do not use concrete that has partially hardened or has been contaminated by foreign materials. Do not begin placing of concrete in beams or slabs until concrete previously placed in walls or columns has attained initial set. Do not subject concrete to procedures that will cause segregation. Do not bend reinforcement out of position when placing concrete. Concrete shall not be placed until all conduits, inserts, pipes, and sleeves required are in place. Do not deposit concrete on bolts of fittings. Provide sufficient clearance so that bolts may be easily removedlreplaced at a later date.

E. Consolidation

1. Consolidate concrete by vibration, spading, rodding, or other manual methods. Work concrete around reinforcement, embedded items, and into corners. Eliminate all air or stone pockets and other causes of honeycombing, pitting, or planes of weakness.

2. Use vibration equipment of internal type and not the type attached to forms and reinforcement.

3. Use vibrators capable of transmitting vibration to concrete in frequencies sufficient to provide satisfactory consolidation.

4. Do not leave vibrators in one spot long enough to cause segregation. Remove concrete segregated by vibrator operation.

5. Do not use vibrators to spread concrete. 6. Have sufficient reserve vibration equipment to guard against

shutdown of work occasioned by failure of equipment in operation.

F. Cold Weather Concreting

1. Temperature of concrete delivered at the job site shall conform to the following temperature limitations.

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Air Min~imum Concrete Temperature OF

OF Dimension Less than 12” Dimension 12” or Greater Temperature For Sections with Least For Sections with least

- 30 to 45 60 50 0 to 30 65 55

2. If water or aggregate is heated above IOOoF., combine water with aggregate in the mixer before cement is added. Do not mix cement with water or with mixtures of water and aggregate having a temperature greater than 1 OOoF. Provide equipment for heating concrete materials and protecting concrete during freezing or near-freezing weather. Do not use foreign materials or materials containing snow or ice. Surfaces which the concrete is to come in contact with must be free of frost, snow, and ice. Concrete placed in forms shall have a temperature of 50oF. or higher after placement. Maintain this temperature a minimum of 7 days. Provide additional time if necessary for proper curing. Housing, covering, or other protection used in curing shall remain intact at least 24 hours after artificial heating is discontinued. Do not place dependence on salt or other chemicals for the prevention of freezing. Perform cold weather concreting work in accordance with ACI 306. Concrete shall be maintained in a moist condition for at least the first 7 days after placing.

3.

4.

5.

6.

7. 8.

G. Hot Weather Concreting

1.

2.

3.

4.

Temperature of concrete delivered at the job site shall not exceed 9OoF. Cool ingredients before mixing to prevent temperature in excess of 9OoF. Make provisions for windbreaks, shading, fog spraying, sprinkling, or wet cover when necessary. Perform hot weather concreting work in accordance with ACI 305.

3.07 CONCRETE FINISHES

A. Formed Surfaces

1. Smooth Form Finish -- Concrete surfaces below finish grade or more than 3 feet below surface of water or sewage shall have a smooth form finish.

a.

b.

Immediately following the removal of the forms, all fins and irregular projections shall be removed from all surfaces. On all surfaces, the cavities produced by form ties and all other holes, honeycomb spots, broken corners or edges, and other defects shall be thoroughly cleaned, saturated

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with water, and carefully pointed and trued with a mortar of cement and fine aggregate mixed in proportions used in the concrete being finished. Mortar used in pointing shall not be more than 30 minutes old.

c. The resulting surfaces shall be true and uniform. All surfaces that cannot be repaired to the satisfaction of the Engineer shall be rubbed as specified in the Smooth Rubbed Finish,

2. Smooth Rubbed finish -- Provide a smooth rubbed finish for all other formed concrete surfaces that have received smooth form finish treatment, not later than 1 day after form removal.

a. The concrete shall be thoroughly saturated with water immediately prior to rubbing and shall be kept saturated throughout the rubbing operation. Sufficient time shall have elapsed before wetting down to allow the mortar used in pointing to thoroughly set.

b. Surfaces to be finished shall be rubbed with a medium coarse carborundum stone, using a small amount of mortar on its face. The mortar shall be composed of cement and fine sand in the same proportion as the concrete being finished. Rubbing shall continue until all form marks, projections, and irregularities have been removed, all voids filled, and a uniform surface obtained. The paste produced by this rubbing shall be left in place. After all concrete being treated has been cast, the final finish shall be obtained by rubbing with a fine carborundum stone and water. After the final rubbing is completed and the surface has dried, the surface shall be rubbed with burlap to remove loose powder.

f. The resulting surface shall be free from all unsound patches, paste, powder, and objectional marks.

C.

d.

e.

3. Related Unformed Surfaces -- At tops of walls and horizontal offset surfaces occurring adjacent to formed surface, strike-off smooth and finish with a texture matching adjacent formed surfaces. Continue final surface treatment of formed surfaces uniformly across adjacent unformed surfaces, unless otherwise indicated.

6. Unformed Surfaces

1. Float Finish -- Apply a float finish to monolithic slab surfaces to receive a trowel finish and other finishes as hereinafter specified. After the concrete has been placed, struck off, consolidated, and leveled, it shall not be worked further until ready for floating. Floating shall not be started until some stiffening has taken place in the surface concrete and the moisture film or "shine" has

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2.

disappeared. The surface shall be given the minimum amount of working necessary to produce a surface that is free from screed marks and has a uniform, smooth, granular texture. Floating may be done by hand or power-driven equipment. The maximum irregularity, as measured with a IO-foot straight edge, shall not exceed %-inch.

Trowel Finish -- Apply a trowel finish to monolithic slab surfaces to be exposed-to-view. The troweling shall not start until the floated surface has hardened sufficiently to prevent an excess of fine material being drawn to the surface. Begin final troweling when the surface produces a ringing sound as the trowel is moved over the surface. Troweling shall be performed with firm pressure to produce a dense, smooth, uniform surface. When power trowels are used, the final troweling shall be done by hand.

3. Broom Finish -- Apply a broom finish to sidewalks and concrete street restoration in such a manner that the finish matches existing surfaces.

3.08 CONCRETE CURING AND PROTECTION

A. Protect all concrete work against injury from the elements and defacements of any nature during construction operation in accordance with ACI 308.

B. Water shall not be permitted to rise on concrete within 24 hours after placement. No running water over concrete will be allowed within 4 days of placement.

C. All concrete, particularly exposed surfaces, shall be treated immediately after concreting or cement finishing is completed to provide continuous moist curing above 50°F. for at least the first 7 days, regardless of the ambient air temperature. Concrete surfaces may be covered with wet burlap thoroughly saturated with water prior to placement and maintained in a constant saturated condition with a sprinkler system for the first 24 hours when ambient air temperatures are above 9OoF. Wet burlap shall not be used when ambient air temperatures are below 35°F. or are descending and expected to go below 35°F.

D. Polyethylene and burlap-polyethylene may be used in lieu of wet burlap. Burlap-polyethylene shall be placed with burlap side down and in such a manner as to obtain intimate contact with concrete surfaces and edges. Polyethylene and burlap-polyethylene shall conform to ASTM C 171.

E. A sprayed liquid membrane-forming compound will be allowed if approved by the Engineer. The liquid membrane curing compound shall be free of wax and contain a fugitive dye. Curing compound shall be applied to wet concrete surfaces in two applications at a rate of at least 1 ga1./300 sq. ftlapplication. Curing compound shall not be used when the ambient air temperature during placement and for 24 hours after placement is, or will

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fall below 350F. Curing compound shall not be used on concrete surfaces that will receive later treatments, such as vinyl and quarry tile, hardeners, special finishes, dampproofing, waterproofing, future grout, grout fill, or coatings. Liquid membrane curing compound, if used, shall conform to ASTM C 309, Type I-D.

F. Finished surfaces and slabs shall be protected from the direct rays of the sun to prevent checking and crazing.

G. For additional special curing requirements, see the articles on cold weather concreting and hot weather concreting.

3.09 REMOVAL OF FORMS

A. Forms shall be removed in such a manner as to prevent injury to the concrete and ensure the complete safety of the structure.

B. In no case shall supporting forms or shoring be removed until the members have acquired sufficient strength to safely support their weight and the anticipated construction loads without distortion or excessive deflection. The Engineer's consent to remove forms shall not relieve the Contractor of the responsibility for the safety of the work.

C. When the atmospheric temperature at the site has been continuously above 500F. from the time of the pour, the forms shall be removed at the earliest practical time within the limits set forth in this paragraph and wet curing shall continue to proceed without delay. Forms for walls, columns, sides of beams, and other vertical faces may be carefully removed 24 hours after the last portion of concrete in the section involved has been placed, provided that the concrete has sufficiently hardened to preclude damage resulting from form removal and provided that these members are not subjected to loads for a period of 14 days. Horizontal forms shall remain in place for a minimum of 14 days or until the concrete, as determined by job-cured cylinders, has attained a compressive strength of 2,500 psi. When a water-reducing retarder is used in the concrete mix, the normal time periods for removing forms may have to be increased.

D. When the atmospheric temperature at the site drops below 50oF, all forms shall be left in place for at least 5 days regardless of the temperature within the protective covering or enclosure.

3.10 PATCHING AND REPAIRS

A. It is the intent of these Specifications to require forms, mixture of concrete, and workmanship so that concrete surfaces, when exposed, will require no patching.

B. As soon as the forms have been stripped and the concrete surfaces exposed, fins and other projections shall be removed, recesses left by the

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removal of form ties shall be filled, and surface defects that do not impair structural strength shall be repaired. Clean all exposed concrete surfaces and adjoining work stained by leakage of concrete, to the satisfaction of the Engineer.

C. Any voids or repairable defects that may occur upon removal of the forms and holes due to form ties shall be thoroughly cleaned of all loose or defective material, roughened, and soaked with water. Holes and defects shall then be completely filled with 1 to 2.5 dry-pack mortar (pre-shrunk). Holes shall be filled solid by ramming the mortar in place. The surface shall be smoothed with a float and protected from premature drying.

D. When patching or repairing exposed surfaces, the same source of cement and sand as used in the parent concrete shall be employed. Adjust color, if necessary, by addition of proper amounts of white cement. Rub lightly with a fine carborundum stone at an age of 1 to 5 days if necessary to bring the surface down with the parent concrete. Exercise care to avoid damaging or staining the virgin skin of the surrounding parent concrete. Wash thoroughly to remove all rubbed matter.

E. In the case of honeycomb, aggregate pockets, and depressions, the Engineer will inspect the areas and determine if there is excessive honeycomb or other defects. If, in the opinion of the Engineer, the honeycomb, aggregate pockets, and depressions are excessive, the pour will be rejected and the Contractor shall, at his own expense, remove and replace the entire concrete section to conform with the Drawings and Specifications.

F. If, in the opinion of the Engineer, the honeycomb is not excessive and repairs are authorized by the Engineer, the Contractor shall chip out the defective areas in a square shape to sound solid concrete but not less than a depth of 2 inches. The areas to be patched and an area at least 6 inches wide surrounding it shall be dampened to prevent absorption of water from the patching mortar. A bonding grout of a I-to-I mix having a thick cream consistency shall be brushed thoroughly into the surface. When the bonding coat begins to lose its water sheen, a premixed patching mortar of a 140-2.5 mix having the stiffest consistency that will permit placing shall be applied. The mortar shall be thoroughly tamped into place. After at least 1 hour, the area shall be smoothed with a float. The patch shall be kept damp for 7 days and maintained at a temperature above 50oF.

G. All repair work shall be completed within 24 hours after forms are removed, except when the mean daily air temperature is expected to fall below 400F. and remain below 40°F for 24 hours, this requirement is waived. Concrete repair work shall be completed, however, as soon as possible after the mean daily air temperature is expected to exceed 40oF. for more than 1 day.

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3.1 1 CONCRETE QUALITY CONTROL

A. General -- The Contractor shall employ an independent geotechnical and materials testing laboratory to conduct tests as specified herein. The laboratory shall be approved by the Engineer and all costs shall be paid by the Contractor. Costs shall be incidental to the concrete Bid Item.

B. Sampling and testing for quality control during the placement of concrete shall be in accordance with ASTM C 172, except as modified for slump to comply with ASTM C 94, and shall include the following.

1. Slump -- ASTM C 143 - One test for each concrete load at point of discharge and one test for each set of compressive strength test specimens. Air Content -- ASTM C 173 - Volumetric method for normal weight concrete; ASTM C 231 pressure for normal weight concrete; one for each set of compressive strength test specimens.

2.

3. Concrete Temperature -- Test hourly when air temperature is 40oF. and below, and when 80°F. and above; and each time a set of compression test specimens made.

4. Compression Test Specimen -- ASTM C 39 - One set for each 50 cu. yds. or fraction thereof, of each concrete class placed in any one day or for each 5,000 sq. ft. of surface area placed; I specimen tested at 7 days, 2 specimens tested at 28 days, and 1 specimen retained in reserve for later testing, if required. Compression and flexture specimens made in the field and cured shall be in accordance with ASTM C 31. The Contractor shall cure and store the specimens at his expense strictly per ASTM C 31, Section 7.

C. Slump tests will be made in the field by the testing laboratory personnel. Slump shall be measured at the point of delivery into forms for every truck. If slump exceeds the values shown in Table A, the required slump may be obtained by reducing the amount of water shown in the design mix. If slump is less than the desired value at first discharge from the mixing drum, water may be added one time only, but only up to the maximum water specified, with the approval of the Engineer, to increase the slump to within the specified limits; water shall be incorporated into the mixture by further mixing equal to at least one-half the number of mix revolutions for normal mixing. Further addition of water is prohibited.

D. The Contractor shall cooperate in the making of such tests to the extent of allowing free access to the work for the selection of samples, providing heated moist storage facilities for specimens, affording protection to the specimens against injury or loss through his operations, and furnishing material and labor required for the purpose of taking concrete cylinder samples, curing boxes, and shipping boxes.

E. Strength level of concrete will be considered satisfactory if averages of sets

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of three consecutive strength test results equal or exceed specified compressive strength, and no individual strength test result falls below specified compressive strength by more than 500 psi.

F. Test results will be reported in writing to the Engineer and Contractor on the same day the tests are made. Reports of compressive strength tests shall contain the project identification name and number, date of concrete placement, name of concrete testing service, concrete type and class, location of concrete batch in structure, design compressive strength at 28 days, concrete mix proportions and materials; compressive breaking strength and type of break for both 7-day tests and 28-day tests.

G. Additional Tests -- The testing laboratory will make additional tests of in-place concrete when test results indicate specified concrete strengths and other characteristics have not been attained in the structure as directed by the Engineer. The testing laboratory may conduct tests to determine adequacy of concrete by cored cylinders complying with ASTM C 42, or by other methods as directed. The Contractor shall pay for such tests conducted and any other additional testing as may be required when unacceptable concrete is verified.

END OF THIS SECTION

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DIVISION 4 - METALS

SECTION 04010 -WELDED STEEL TANK

PART 1.0- GENERAL

I .01 DESCRIPTION

A. The Contractor shall furnish all materials, labor, tools, and equipment for the fabricating, erecting, painting, and disinfection of one welded steel water storage tank.

B. The Owner will provide the Contractor, free of cost at the tank, necessary water required for testing purposes. The Owner will also provide adequate storage area for materials and equipment.

C. There shall be provided with the tank, accessories and paint as described hereafter in this Section.


A. The structure shall be designed to meet the applicable requirements of the latest edition of American Water Works Association (AWWA) D-I 00-96, "Standard for Welded Steel Tanks for Water Storage," and shall meet the approval of the West Virginia State Health Department.

B. Design and Materials -- Material, design, welding, shop fabrication, erection, inspection, and testing of the reservoir shall conform with all of the applicable portions of AWWA Standard D-100-96 for welded steel tanks for water storage. The thickness of plates need not be increased for corrosion. Provision need not be made for earthquake loads.

1.03 SUBMITTALS

A. Shop Drawings -- The Contractor shall promptly furnish to the Owner five (5) copies of detailed shop drawings of the tank and accessories, which will be subject to Owner's approval before fabrication of materials is begun. Two copies will be returned approved by Owner, or to be promptly corrected if necessary by Contractor and returned to Owner for approval. Drawings are to be returned by either party within 15 days of receipt.

B. Submit two copies of manufacturer's Material Safety Data Sheets (MSDS) for each type of paint with each shop drawing submittal. MSDS sheets shall be posted at the construction site at all times painting is in progress.

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i 1.04 PRODUCT DELIVERY, STORAGE, AND HANDLING

A. Transport, handle, and store materials and other products specified herein in a manner recommended by the respective manufacturers and supplemented herein to prevent damage and defects.

B. Shop priming of steel tank sheeting, components and appurtenances shall be allowed.

C. All materials shall be delivered to the site in the manufacturer’s unbroken sealed containers. The manufacturer shall label each container. Labels shall state the manufacturers name, brand, type of paint, color of paint, date of production, and instructions for reducing.

PART 3.0 -- EQUIPMENT AND ACCESSORIES

3.01 EQUIPMENT

A. Fabricate items of structural steel in accordance with AISC Specifications and as indicated on the shop drawings.

B. Properly mark and match-mark materials for field assembly and for identification as to structure and site for which intended.

C. Fabricate for delivery sequence which will expedite erection and minimize field handling of materials.

D. Where finishing is required, complete the assembly, including welding of units, before start of finishing operations.

E. Provide finish surfaces of members exposed in the final structure free of markings, burrs, and other defects.

F. Plates subject to stress by the weight or pressure of the contained liquid shall be assembled and welded in such a manner that the proper curvature of the plates in both directions is maintained. Plates shall be assembled and welded together by a procedure that will result in a minimum of distortion from weld shrinkage.

G. Work to dimensions shown or accepted on the Shop Drawings, using proven details of fabrication and support.

H. Form exposed work true to line and level, with accurate angles and surfaces and with straight sharp edges.

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I. All interior lap joints shall be sealed by means of caulking or continuous seal welding. This shall include penetrations of roof accessories.

3.02 ACCESSORIES

A. There shall be provided with the reservoir, accessories in accordance with Section No. 5 of A W A Standard D-I 00-96, as listed hereafter.

1.

2.

3.

4.

5.

6.

7.

8.

A suitable screened vent or screened vented finial at high point of roof. Maximum flow rate out of the Wiles Hill Tank would be approximately 17,000 GPM. Maximum flow rate out of the Osage Tank would be approximately 27,500 GPM. Vents shall be sized to handle this outflow.

Fixed ladder with safety cage on outside of tank; no inside ladder. Entry into safety cage must have lockable-hinged closure to provide deterrent to entry.

Ladders shall be equipped with a fall arrest system meeting OSHA regulations. The system shall be supplied with safety harnesses, locking mechanisms, lanyards and accessories for two persons.

One riser access manhole.

Two roof access manholes.

Overflow to terminate in 45 ell at bottom of the tank. Design and size overflow for 4,000 GPM at the Wiles Hill Tank. Design and size overflow for 4,000 GPM at the Osage Hill Tank. Minimum 12-inch overflow pipe. The outlet end of the overflow pipe shall be secured with an appropriate stainless steel screen.

The inlet assembly shall be 16 inches (min.) in diameter with a removable silt stop at the Wiles Hill Tank and 12 inches (min.) in diameter with a removable silt stop at the Osage Tank.

The tank shall be equipped with a balcony not less than 36” wide or the minimum width required by exiting OSHA regulations. The greater of the two widths shall be constructed. The floor shall be perforated for drainage.

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PART 4.0 -- TESTING

4.01 STERILIZATION

A. After painting has been completed the tank and piping shall be disinfected using either Method 2 or Method 3 as specified in AWWA C652 for Disinfection of Water Storage Facilities. The tank shall be filled with clean water furnished by the owner.

4.02 STRUCTURE

A. Prior to painting, the tank structure shall be tested in accordance with Section 11 of AWWA Standard D-100-96, and any failing areas shall be repaired and re-tested until all test results are accepted by OWNER.

A. Tank shell welds shall be tested by radiographs (x-ray), unless the OWNER determines that other, more extensive testing is required. Other methods, if required, shall conform to Section 11 of AWWA Standard D-100-96.

C. All Radiographs shall be delivered to, and remain the property of the OWNER.

D. The cost of all tank weld tests shall be included in the Lump Sum Cost for the tank.

E. Any failed or faulty component of the tank or its paint system shall be repaired or replaced in complete conformance with the warranty provisions of this contract

of any prior acceptable inspection record or test result.

END OF THIS SECTION

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DIVISION 4 -- METALS

SECTION 04020 - GLASS COATED, BOLTED STEEL TANK

PART 1.0-GENERAL

1.01 DESCRIPTION

A. The contractor shall furnish and erect a glass-fused-to-steel bolted water storage tank, including foundation, tank structure and tank appurtenances as shown on the submittal drawings and described herein.

B. All required labor, materials and equipment shall be included.

C. There shall be provided with the tank, accessories and paint as described hereafter in this Section.


A. The structure shall be designed to meet the applicable requirements of the latest edition of American Water Works Association (AWWA) D-I 03-97, "Factory-Coated Bolted Steel Tanks for Water Storage," and shall meet the approval of the West Virginia State Health Department.

B. Design and Materials -- Material, design, welding, shop fabrication, erection, inspection, and testing of the reservoir shall conform with all of the applicable portions of AWWA Standard D-I 03-97 for Factory-Coated Bolted Steel Tanks for Water Storage.

1. The thickness of plates need not be increased for corrosion.

2. Provision need not be made for earthquake loads.

1.03 SUBMITTALS

A. Shop Drawings -- The Contractor shall promptly furnish to the Owner five (5) copies of detailed shop drawings of the tank and accessories, which will be subject to Owner's approval before fabrication of materials is begun. Two copies will be returned approved by Owner, or to be promptly corrected if necessary by Contractor and returned to Owner for approval. Drawings are to be returned by either party within 15 days of receipt.

B. Submit two copies of manufacturer's Material Safety Data Sheets (MSDS) for each type of paint with each shop drawing submittal. MSDS sheets shall be posted at the construction site at all times painting is in progress.

1.04 PRODUCT DELIVERY, STORAGE, AND HANDLING

Transport, handle, and store materials and other products specified herein in a manner recommended by the respective manufacturers and supplemented herein to prevent damage and defects.

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A. Shop priming of steel tank sheeting, components and appurtenances shall be allowed.

C. All materials shall be delivered to the site in the manufacturer's unbroken sealed containers. The manufacturer shall label each container. Labels shall state the manufacturers name, brand, type of paint, color of paint, date of production, and instructions for reducing.

PART 3.0 - EQUIPMENT AND ACCESSORIES

3.01 PLATES AND SHEETS

A.

B.

C.

D.

E.

F.

All steel shall be smelted and produced in the United States of America.

Plates and sheets used in the construction of the tank shell, tank floor (when supplied) and tank roof, shall comply with the minimum standards of AWWA D103, latest edition.

Design requirements for mild strength steel shall be ASTM AI01 1 Grade 30 with a maximum allowable tensile stress of 14,566 psi.

Design requirements for high strength steel shall be ASTM AI01 I Grade 50 with a maximum allowable tensile stress of 26,000 psi.

The annealing effect created from the glass coated firing process shall be considered in determining ultimate steel strength. In no event shall a yield strength greater than 50,000 psi be utilized for calculations detailed in AWWA D103, Sections 3.4 and 3.5.

When multiple vertical bolt line sheets and plates of ASTM AI 01 1 Grade 50 are used, the effective net section area shall not be taken as greater than 85% of the gross area.

3.02 ROLLED STRUCTURAL SHAPES

A. Material shall conform to minimum standards of ASTM A36 or ASTM A992.

3.03 HORIZONTAL WIND STIFFENERS

A. Design requirements for intermediate horizontal wind stiffeners shall be of the "web truss" type with an extended tail creating multiple layers of stiffener, permitting wind loads to be distributed around the tank.

B. Web truss stiffeners shall be of steel with hot dipped galvanized coating.

C. Rolled steel angle stiffeners are not permitted for use as intermediate horizontal wind stiffeners.

3.04 BOLT FASTENERS

A. Bolts used in tank lap joints shall be W' - 13 UNC- 2A rolled thread, and shall meet

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the minimum requirements of A W A D103, Section 2.2.

B. Bolt Material

1. SAE J429 Grade 2 (1" bolt length)

a. Tensile Strength - 74,000 psi Min.

b. Proof Load - 55,000 psi Min.

c. Allowable shear stress with threads excluded from the shear plane - 18,163 psi Min.

2. SAE J429 Grade 5 (1 1/4" bolt length)




3. SAE J429 Grade 8 (21 1/4" bolt length)




C. Bolt Finish - Zinc, mechanically deposited.

I. 2.0 mils (0.002 inches) Min. - under bolt head, on shank and threads.

D. Bolt Head Encapsulation

1. High impact polypropylene copolymer encapsulation of entire bolt head up to the splines on the shank.

2. Resin shall be stabilized with an ultraviolet light resistant material such that the color shall appear black.

3. The bolt head encapsulation shall be certified to meet the ANSVNSF Standard 61 for indirect additives.

E. All bolts on the vertical tank wall shall be installed such that the head portion is located inside the tank, and the washer and nut are on the exterior.

F. All lap joint bolts shall be properly selected such that threaded portions of the bolts will not be exposed to the "shear plane" between tank sheets.

G. Bolt lengths shall be sized to achieve a neat and uniform appearance. Excessive

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threads extending beyond the nut after torquing will not be permitted.

H. All lap joint bolts shall include a minimum of 4 splines on the underside of the bolt head at the shank in order to resist rotation during torquing.

3.05 SEALANTS

A. The lap joint sealant shall be a one component, moisture cured, polyurethane compound. The sealant shall be suitable for contact with potable water and shall be certified to meet ANSVNSF Additives Standard 61 for indirect additives.

B. The sealant shall be used to seal lap joints and bolt connections and edge fillets for sheet notches and starter sheets. The sealant shall cure to a rubber-like consistency, have excellent adhesion to the glass coating, low shrinkage, and be suitable for interior and exterior use.

C. Sealant curing rate at 73°F and 50% RH.

1, Tack-free time: 6 to 8 hours.

2. Final cure time: 10 to 12 days.

D. Neoprene gaskets and tape type sealer shall not be used.

3.06 GLASS COATING SPECIFICATION

A. Surface Preparation

1. Following the decoiling and shearing process, sheets shall be steel grit-blasted on both sides to the equivalent of SSPC SP-10 (Near-White Metal Blast Cleaning). Sand blasting and chemical pickling of steel sheets is not acceptable.

2. The surface anchor pattern shall be not less than 1 .O mil (0.001 inches).

3. These sheets shall be evenly oiled on both sides to protect them from corrosion during fabrication.

B. Sheet Edges

1. After initial sheet preparation, all full height vertical wall sheets and all rectangular shaped floor sheets shall be beveled. A metal coating of 316 stainless steel shall then be applied to these edges by an ARC thermal spray of 1.5 to 5 mils (0.0015 to 0.005 inches). The coating shall have a tensile strength of >I500 psi (per ASTM C633-79).

C. Cleaning

1. After fabrication and prior to application of the coating system, all sheets shall be thoroughly cleaned by a caustic wash and hot rinse process followed immediately by hot air drying.

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2. Inspection of the sheets shall be made for traces of foreign matter, soil particles, grease or rust.

D. Coating

1.

2.

3.

4.

5.

6.

7.

8.

All side wall sheets shall receive one coat of a catalytic nickel oxide glass pre-coat to both sides and then air dried.

Another coat of milled cobalt blue glass shall be applied to both sides of the sheets and then dried.

A third coat of milled titanium dioxide reinforced white glass shall be applied to all interior sheet surfaces.

The same glass coating as applied to the exterior sheet surfaces shall be applied to the exposed edges.

The sheets shall then be fired at a minimum temperature of 1500" F in strict accordance with the manufacturer's IS0 9001 quality control procedures, including firing time, furnace humidity, temperature control, etc.

The coating process is a 3 coat process. The interior color shall be white. The exterior color shall be cobalt blue.

The dry film interior coating thickness shall be 10.0 to 16.0 mils (0.010 to 0.01 6 inches) minimum.

The dry film exterior coating thickness shall be 6.0 to 11.0 mils (0.006 to 0.01 1 inches) minimum.

E. Factory Inspection

I, The manufacturer's quality system shall be IS0 9001 certified.

2. Chemical Resistance of Glass Coating

a. Every batch of component frits shall be individually tested in accordance with PEI Test T-21 (Citric Acid at Room Temperature).

3. Low Voltage Wet Sponge Holiday Test

a. The inside sheet surface shall be inspected using a low voltage wet sponge holiday tester in accordance with ASTM D5162-91 Method A (Low Voltage Wet Sponge Testing).

b. The tester shall be used at a voltage of 67.5 volts (~10%) and set so the alarm is sounded if the electrical resistance of the glass coating falls below 125,000 0 (*IO%). The tester shall have a valid calibration record. The testing solution used to wet the sponge shall contain a low sudsing wetting agent added at a ratio of not more than 1/2 fluid 02. per gallon of water.

c. Frequency of the test shall be every sheet. Any sheet registering a 04020-5

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discontinuity shall be rejected

d. All inside sheet surfaces shall be holiday free.

e. A 1000 volt dry test shall not be acceptable as this is not recommended by ASTM for coating thicknesses less than 20.0 mils (0.020 inches).

4. Measurement of Glass Thickness

a. Glass thickness shall be measured using an electronic dry film thickness gage (magnetic induction type) approved by Engineered Storage Products Company. The thickness gage shall have a valid calibration record.

b. Frequency of the test shall be every tenth sheet. The thickness of the glass shall be between 10.0 and 16.0 mils (0.010 and 0.016 inches).

5. Measurement of Color

a. The exterior color of the sheets shall be measured using a colorimeter approved by Engineered Storage Products Company or equivalent. The colorimeter shall have a valid calibration record.

b. Frequency of the test shall be every tenth sheet. The color must fall within the tolerance specified by Engineered Storage Products Company, else the panel shall be rejected.

6. Impact Adherence Test

a. The adherence of the glass coating to the steel shall be tested in accordance with ASTM 8916-01. Any sheet that has poor adherence shall be rejected.

b. Frequency of this test shall be one sheet per gage lot run minimum.

7. Fishscale Test

a. The glass coating shall be tested for fishscale by placing the full size production sheets in an oven at 400° F for one hour. The sheets will then be examined for signs of fishscale. Any sheet exhibiting fishscale shall be rejected and all sheets from that gage lot will be similarly tested.

b. Frequency of this test shall be one sheet per gage lot run minimum.

F. Packaging

1. All sheets that pass Factory Inspection and Quality Control checks shall be protected from damage prior to packing for shipment.

2. Heavy paper or plastic foam sheets shall be placed between each panel to eliminate sheet-to-sheet abrasion during shipment.

3. individual stacks of panels will be wrapped in heavy mil plastic and steel 04020-6

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banded to special wood pallets built to maintain the roll-radius of the tank panels and minimize contact or movement of finished panels during shipment.

4. Shipment from the factory will be by truck, hauling the tank components exclusively.

3.07 ERECTION

A. Foundation

1. The tank foundation is a part of this contract and shall be installed by the tank bidder.

2. The tank foundation shall be designed by the manufacturer to safely sustain the structure and its live loads.

3. Tank footing design shall be based on an assumed soil bearing capacity of 4,000 pounds per square foot. Field testing will be performed by the Contractor to verify this soil bearing capacity. Tests results shall be submitted to the Owner for review prior to commencing the construction of the foundation. If the soil is found to have inadequate bearing capacity, the Contractor will be responsible for providing an alternative foundation design to the Owner for review at no additional cost to the Owner.

4. Footing designs for soil bearing strengths less than that specified, and those designs deviating from tank manufacturers' standard shall be the responsibility of the Contractor based on tank live and dead loading data provided by the tank manufacturer.

6. TankFloor

1. Concrete Floor

a. The floor design is of reinforced concrete with an embedded glass coated steel starter sheet per the manufacturer's design and in accordance with AWWA D103 latest edition, Sec 11.4.

b. Leveling of the starter ring shall be required and the maximum differential elevation within the ring shall not exceed 1/8 inch, nor exceed 1/16 inch within any 10 feet of length.

c. A leveling plate assembly consisting of two anchor rods and a slotted plate shall be used to secure the starter ring, prior to encasement in concrete. Installation of the starter ring on concrete blocks or bricks, using shims for adjustment, is not permitted.

d. Place one butyl rubber elastomer waterstop seal on the inside surface of the starter ring below concrete floor line. Place one bentonite impregnated water seal below the butyl rubber seal. The materials shall be installed in accordance with tank manufacturer's instructions.

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C. Sidewall Structure

1.

2.

3.

4.

5.

Field erection of the glass-coated, bolted-steel tank shall be in strict accordance with the procedures outlined in the manufacturer's erection manual, and performed by an authorized dealer of the tank manufacturer, regularly engaged in erection of these tanks, using factory trained erectors.

Specialized erection jacks and building equipment developed and manufactured by the tank manufacturer shall be used to erect the tanks.

Particular care shall be taken in handling and bolting of the tank panels, structural members, and appurtenances to avoid abrasion of the coating system. Prior to a liquid test, all surface areas shall be visually inspected by the Engineer.

An electrical leak test shall be performed during erection using a wet sponge 9 volt leak detection device. All electrical leak points found on the inside surface shall be repaired in accordance with manufacturer's published touch up procedure.

No backfill shall be placed against the tank sidewall without prior written approval of the tank manufacturer. Any backfill allowed shall be placed according to the strict instructions of the tank manufacturer.

D. Roof

1. Tanks with diameters of 14 to 31 feet shall include a radially sectioned roof fabricated from glass - coated, bolted steel panels, as produced by the tank manufacturer, and shall be assembled in a similar manner as the sidewall panels utilizing the same sealant and bolting techniques, to assure a weather tight assembly. The roof shall be clear - span and self-supporting, Both live and dead loads shall be carried by the tank walls. The roof shall be of a rolled knuckle design, with no rolled angle connection between sidewall and roof panels. The manufacturer shall furnish a roof opening which shall be placed at a location to be determined by the Owner and which shall be provided with a hinged cover and a hasp for locking. The opening shall have a clear dimension of at least 24 inches in one direction and 15 inches in the other direction. The opening shall have a curb at least 4 inches in height, and the cover shall have a downward overlap of at least 2 inches, or a gasketed weather-tight cover in lieu of the 4 inch curb and 2 inch overlap.

2. Roofs for tanks greater than 31 feet in diameter shall be constructed of non-corrugated triangular aluminum panels which are sealed and firmly clamped in an interlocking manner to a fully triangulated aluminum space truss system of wide flange extrusions, thus forming a dome structure.

a. The dome shall be clear span and designed to be self-supporting from the periphery structure with primary horizontal thrust contained by an integral tension ring.

b. The dome and tank shall be designed to act as an integral unit. The tank shall be designed to support an aluminum dome roof including all

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specified live loads.

c. Materials:

E. RoofVent

1.

2.

3.

4.

Triangulated dome frame struts: AA6005A-T6 aluminum.

Structural frame node plates: 0.375 inch nominal thickness, AA6061- T6 aluminum,

Triangular dome panels: 0.050 inch nominal thickness, AA3003-HI 6 aluminum Sheet.

Triangular skylight panels, (if specified): nominal thickness of 114 inch thick clear acrylic or polycarbonate.

Perimeter tensionkompression ring: AA6005A-T6 aluminum.

Fasteners: AA2024-T4 aluminum or austenitic series 300 stainless steel as required by the manufacturers design.

Sealant: Silicone, conforming to Federal Specification TT-S-00230.

Gaskets: Silicone, conforming to Federal Specification ZZ-R-765, Class 2, Grade 50 or equal or Neoprene conforming to ASTM C509- 00.

Dormers, doors, and hatches: AA6061 -T6, AA6005A-T6, AA5086-H34 or AA5052-H36 aluminum, 0.090'' nominal thickness.

A properly sized vent assembly in accordance with AWWA D103 shall be furnished and installed above the maximum water level of sufficient capacity so that at maximum design rate of water fill or withdrawal, the resulting interior pressure or vacuum will not exceed 0.5 inch water column. The maximum flow rate out of the Wiles Hill tank would be approximately 17,000 GPM. The maximum flow rate out of the Osage tank would be approximately 27,500 GPM.

The overflow pipe shall not be considered to be a tank vent.

The vent shall be constructed of aluminum such that the hood can be unbolted and used as a secondary roof access.

The vent shall be so designed in construction as to prevent the entrance of birds and/or animals by including an expanded aluminum screen (% inch) opening. An insect screen of 23 to 25 mesh polyester monofilament shall be provided and designed to open should the screen become plugged by ice formation.

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F. Appurtenances (per AWWA D103, Section 5)

1. Pipe Connections

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a. Where pipe connections are shown to pass through tank panels, they shall be field located, saw cut, (acetylene torch cutting or welding is not permitted), and utilize an interior and exterior flange assembly. Tank shell reinforcing shall comply with AWWA D103 latest edition. A single component urethane sealer shall be applied on any cut panel edges or bolt connections.

b. Overflow to terminate in 45 ell at bottom of the tank. Design and size overflow for 4,000 GPM at the Wiles Hill Tank. Design and size overflow for 4,000 GPM at the Osage Hill Tank. Minimum 12-inch overflow pipe. The outlet end of the overflow pipe shall be secured with an appropriate stainless steel screen.

c. The inlet assembly shall be 16 inches (min.) in diameter with a removable silt stop at the Wiles Hill Tank and 12 inches (min.) in diameter with a removable silt stop at the Osage Tank.

d. Schedule 80 PVC, seamless aluminum tubing, or FRP.

2. Outside Tank Ladder - OSHA approved ladder and cage up to the roof hatchlopening .

3. Access Doors

a. Two (2) bottom, quick opening, hidden hinged manways with locking security covers shall be provided (180" apart).

4. Identification Plate:

a. A manufacturer's nameplate shall list the tank serial number, tank diameter and height, and maximum design capacity. The nameplate shall be affixed to the tank exterior sidewall at a location approximately 5 feet from grade elevation in a position of unobstructed view.

5. Cathodic Protection

a. A passive cathodic protection system shall be designed and supplied by the tank manufacturer based upon information supplied by the Engineer or Owner.

PART 4.0 FIELD TESTING

4.0 1 HYDROSTATIC

A. Following completion of erection and cleaning of the tank, the structure shall be tested for liquid tightness by filling tank to its overflow elevation.

B. Any leaks disclosed by this test shall be corrected by the authorized dealer in

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accordance with the manufacturer's recommendations.

C. Water required for testing shall be furnished by the Owner at the time of tank erection completion, and at no charge to the tank erector. Disposal of test water shall be the responsibility of the Owner.

D. Labor and equipment necessary for hydrostatic tank testing is to be included in the price of the tank.

4.02 DISINFECTION - NONE REQUIRED

PART 5.0 TANK MANUFACTURER'S WARRANTY

5.01 The tank manufacturer shall include a warranty for the tank materials and coating. As a minimum, this warranty shall provide assurance against defects in material or workmanship for the period of 1 year and corrosion of the glass coated surface for the period of 5 years.

PART 6.0 REFERENCES

6.01 SSPC SP-I 0 - Surface Preparation Standard - Near-White Metal Blast Cleaning

6.02 ASTM C633-79 - Standard Test Method for Adhesion or Cohesive Strength of Flame- Sprayed Coatings

6.03 PEI Test T-21 - Test for Acid Resistance of Porcelain Enamels (Citric Acid Spot Test)

1 6.04 ASTM 05162-91 - Standard Practice for Discontinuity (Holiday) Testing of Nonconductive Protective Coating on Metallic Substrates

6.05 ASTM 6916-01 - Standard Test Method for Adherence of Porcelain Enamel Coatings to Sheet Metal

END OF THIS SECTION

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DIVISION 5 - METALS

SECTION 05560-1 -ANCHOR BOLTS, EXPANSION BOLTS AND RESIN ANCHORS

PART 1.0 -- GENERAL

1.01 SUMMARY

A. Work Included: Anchor bolts, expansion bolts and resin anchors.

B. Related Sections and Divisions: Applicable provisions of Division 1 shall govern work in this section.

1.02 REFERENCES

A. ASTM A36/A36M - Structural Steel.

B. ASTM A307 - Carbon Steel Externally Threaded Steel Fasteners.

PART 2.0 - PRODUCTS

2.01 ANCHOR BOLTS

A. Anchor bolts complete with washers and nuts shall be fabricated as shown or as specified by the equipment manufacturer and, unless otherwise indicated, shall be hot-dip galvanized carbon steel or 316 stainless steel. Anchor bolts shall, as a minimum, conform to the requirements of ASTM A307.

B. Stainless steel anchor bolts shall be used in all submerged locations, below final grade and in contact with aluminum and other items not to be painted. Galvanized anchor bolts shall be used elsewhere.

2.02 EXPANSION BOLTS

A. Expansion bolts shall be Raw1 Bolt, or equal.

B. Expansion bolts will not be permitted as substitutes for embedded anchor bolts except with the prior written acceptance of Engineer or where otherwise specifically called for.

C. Unless indicated otherwise on the drawings or specified, use the following bolt material for the various installation situations.

1. Stainless Steel: For all submerged locations, below final grade, and in contact with aluminum appurtenances and other items not to be painted. Also for anchoring equipment, unless otherwise specified.

2. Steel: In other locations in contact with items to be painted or encased in concrete.

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2.03 RESIN ANCHORS

A. Resin anchors shall be Raw1 Power-Fast, or equal.

PART 3.0 - EXECUTION

3.01 ANCHOR BOLTS

A. Anchor bolts for structural members shall be located as shown and specified.

B. Anchor bolts for mechanical equipment shall have embedment length, edge distances, and spacing as required by the equipment manufacturer.

C. All dirt or foreign materials shall be removed prior to embedding into concrete. After anchor bolts have been embedded, their threads shall be protected by grease and by installing the nuts, or by other means until the time of installation of the equipment or metal work.

3.02 EXPANSION BOLTS

A. Unless otherwise noted on the drawings, expansion bolt edge distance and spacing shall be in accordance with manufacturer’s recommendations.

B. Bolt embedment shall at least equal six bolt diameters.

C. All procedures shall be in accordance with the manufacturer’s recommendations.

D. Where location of anchors is adjustable, reinforcing steel shall be located prior to drilling holes and bolts shall be located to clear reinforcing steel.

3.03 RESIN ANCHORS

A. At locations shown on the drawings, reinforcing bars or threaded rod shall be provided in existing concrete by drilling holes, injecting vinyl ester resin and inserting the reinforcing bar.

B. All existing surfaces to receive resin anchors including the entire area in contact with the new concrete shall be cleaned and roughened to amplitude of 1/4-inch.

C. All procedures shall be in accordance with the manufacturer’s recommendations.

D. Where location of anchors is adjustable, reinforcing steel shall be located prior to drilling holes and bolts and shall be located to clear reinforcing steel.

END OF SECTION

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DIVISION 7 THERMAL AND MOISTURE

PROTECTION

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DIVISION 7 - THERMAL AND MOISTURE PROTECTION

SECTION 07900 - CAULKING AND SEALANTS

PART 1.0 -- GENERAL

1.01 SUMMARY

A. Work Included: Caulking and sealants on the project, including primers and backer rod materials.

B. Related Sections and Divisions: Applicable provisions of Division 1 shall govern work in this section.

I .02 REFERENCES

A. ASTM C920 - Elastometric Joint Sealants

1.03 SUBMITTALS

A. Submittals shall comply with requirements of Section 01 300 - Submittals

B. Submit color chart for each sealant used on project. Colors will be selected by Engineer.

1.04 WARRANTY

A. Caulked joints shall be weather-tight and guaranteed watertight for five years from date of final payment. Deliver original guarantee to Owner with copies to Engineer.

PART 2.0 - PRODUCTS

2.01 CAULK - NON-SUBMERGED APPLICATIONS - GENERAL

A. Caulk for non-submerged applications in all locations except floor joints shall be a one part polyurethane sealant.

B. Acceptable products include the following, or equal: 1. Sonneborn NPI by Sonneborn - Chem Rex, Inc. 2. Vulkem 116 by Mameco International.

2.02 CAULK - NON-SUBMERGED APPLICATIONS - FLOOR JOINTS

A. Caulk for floor joints in non-submerged applications shall be a one-part, self- leveling, polyurethane sealant.

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B. Acceptable products include he following, or equal: 1. Sonneborn SL1 by Sonneborn - Chem Rex, Inc. 2. Vulkem 45 by Mameco International.

2.03 CAULK - SUBMERGED APPLICATIONS -GENERAL

A. Caulk in all submerged applications except a potable water contact shall be a two- part, polysulfide base synthetic rubber sealant.

6. Acceptable products include the following, or equal: 1. Sonolastic two-part by Sonneborn - Chem Rex, Inc. 2. GC-5 Synthacalk by Pecora Corporation.

2.04 ACCESSORIES

A. Backer rod shall be flexible, closed cell polyethylene rod stock sized to be under at least 25% compression when positioned in the joint. In shallow joints and where backer rod is not used, polyethylene bond breaker tape shall be used. It is essential that the caulk bond to the side of the joint but not to the base of the joint.

B. Primer(s) shall be used where required by the manufacturer for the specific product@) used and the specific application(s) intended. Specific product(s) shall be as recommended by the manufacturer.

C. Cleaning fluid shall be ethyl keytone (MEK), methyl tone (MIKS), or similar solvent material, which will not etch, or mar metal finishes, and shall be the product of a nationally recognized manufacturer, of type expressly recommended for use with the caulking or sealant compound used.

PART 3.0 - EXECUTION

3.01 INSTALLATION

A. Seal completely all joints around entire perimeter to all openings in all exterior walls (inside and outside faces), including joints at all exterior doors, windows, louvers, sills, and elsewhere as noted on the drawings and as necessary to seal all open joints in the building in a complete manner. Joints in exterior walls shall be caulked in a completely weathertight manner. Joints between interior walls and concrete ceilings and other interior joints shall be caulked as indicated on the drawings. Caulking not specified in other sections shall be performed under this heading.

B. All caulking shall be done in accordance with manufacturer’s specifications. Allow minimum 28-day curing period for concrete, grout, or mortar prior to caulking unless requested otherwise. All caulking work shall be done before the final coat of paint is applied and only when the temperature is above 40 O F .

C. Joints shall be thoroughly cleaned and primed before caulking in accordance with 07900-2

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, manufacturer’s instructions. Unless otherwise shown, joints shall be square in cross section 1/2-inch by Il2-inch and shall comply with manufacturer’s joint width/depth ratio limitations.

D. Backer rod shall be used in all openings 3/4-inch or more in depth and shall be tightly packed to completely fill the space to 1/2-inch back of face. The half-inch shall then be filled with caulking compound.

E. Caulking shall be done by hand gun. Compound shall be driven into joint grooves with sufficient pressure to force all air and fill joint grooves solidly. Caulki,ng where exposed shall be free of wrinkles, and shall be uniformly smooth.

F. At completion of caulking, clean off all excess material from adjoining surfaces and material. Entire installation shall be left in a perfect appearing, weathertight condition.

END OF SECTION

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DIVISION 9 FINISHES

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DIVISION 9 -- FINISHES

SECTION 09900 -- PAINTING

PART 1.0 --GENERAL

1.01 SUMMARY

A. Work Included: Surface Preparation and application of paints and coatings

B. Related Sections and Divisions: Applicable provisions of Division 1 shall govern work in this Section.

1.02 REFERNCES

A. ASTM D4060 - Test Method for Abrasion Resistance of Organic Coatings by the Taber Abraser.

B. ASTM D4541 - Test Method for Pull-Off Strength of Coatings Using Portable Adhesion Testers.

C. ASTM D3363 - Test Method for Film Hardeners by Pencil Test.

1 D. ASTM D2247 - Practice for Testing Water Resistance of Coatings in 100% Relative Humidity.

E. ASTM D4585 - Practice for Testing Water Resistance of Coatings Using Controlled Condensation.

F. ASTM B117 - Test Method of Salt Spray (Fog) Testing.

G. ASTM D 3359 (Method A and B) Adhesion Test

H. ASTM G8, Method A Cathodic Disbondment

I. ASTM D 4541 (Elcometer)

J. ASTM D 4060 Taber Abrasion

K. ASTM D 522 (Conical Mandrel)

L. ASTM D 2794 Impact

M. ASTM G 53 QUV Exposure

N. ASTM D 2240 Durometer, Shore D

0. ASTM D 870 Immersion (Potable Water)

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P. ASTM E 96 Moisture Vapor Transmission

Q. ASTM D 4141 , Method C (EMMAQUA)

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R. ASTM D 4587 QUV Exposure

S. ASTM D 5031 Weatherometer Exposure

T. ANSVNSF Standard 61

U. SSPC - Society of Protective Coatings - Society of Protective Coatings Painting Manual.

V. Federal Register - Code of Federal Regulations (CFR).

W. Federal Register - Resource Conservation and Recovery Act (RCRA).

X. Federal Register - Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).

1.03 SUBMITTALS

A. Submittals shall be in accordance with provisions of Section 01300 - Submittals.

B. Shop primer proposed for use shall be submitted with all material and equipment submittals. All shop primers shall be of the same generic type and quality as those specified herein.

C. Submit two copies of Manufacturer's Material Safety Data Sheets (MSDS) for each type of paint with each shop drawing submittal. MSDS sheets shall be posted at the construction site at all times painting is in progress.


A. Regulatory Requirements:

1. All paints shall conform to OSHA requirements for allowable exposure to lead and other hazardous substances

B. Pre-Painting Meeting

1. A pre-painting meeting shall be held immediately following the project preconstruction conference. The pre-painting meeting is to be held prior to any material and equipment that requires painting is delivered to the site.

2. Contractor, the paint subcontractor, and the paint manufacturer's representative shall be present to review the specifications and project scope. Coating manufacturer shall supply a representative that is a NACE certified coating inspector with at least ten years of experience involved in painting projects on water storage tanks.

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3. The Contractor shall ensure that a qualified representative of the paint manufacturer attends and observes a sufficient portion of the painting of the tank, so that the paint manufacturer may certify in writing that the surface preparation, paint preparation, paint application, and general workmanship of the painter@) meet or exceed the minimum standards recommended by the paint manufacturer for the specified paint system. The cost for obtaining such certification shall be included in the Lump Sum Bid for the tank. Payment for Painting will not be made prior to Owner’s receipt and acceptance of said certification.

1.05 DELIVERY, STORAGE, AND HANDLING

A. Materials shall be delivered to the job site in the original containers with labels intact and seals unbroken. The manufacturer shall label each container. Labels shall give the manufacturer’s name, brand, type of paint, color of paint, and instructions for reducing.

B. Drop clothes shall be used in all areas where painting is done to fully protect other surfaces.

C. Oily rags and waste must be removed from the building each night or kept in an appropriate metal container.

1.06 ENVIRONMENTAL REQUIREMENTS

A. Contractor shall dry-heat and ventilate to obtain painting conditions recommended by the paint manufacturer.

6. Relative humidity conditions as specified by the paint manufacturer’s data sheets shall be adhered to. This includes times in which supplemental heat is used. Supplemental heat shall be indirect-fired hot air furnaces or electric heat. Open flame heaters shall not be used.

C. No unprotected, unheated exterior painting shall be undertaken when damp weather appears probable, nor when the temperature of the substrate is below 55 degrees F, unless approval in writing is received by the paint manufacturer.

1.07 EXTRA MATERIALS

A. Provide one gallon of each single component painffcoating. Label with color, type, and location.

2.0 - PRODUCTS

2.01 ACCEPTABLE MANUFACTURES

A. All materials required for painting shall be types and quality as manufactured by Tnemec Company, Inc., Sherwin Williams, or equal, unless otherwise approved by the Owner.

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6. Where thinning is necessary, only the products of the manufacturer furnishing the paint will be allowed. All such thinning shall be done strictly in accordance with the manufacturer‘s instructions. Contractor shall supply all records and receipts of manufacturer’s thinners that were procured for the project.

C. Paint and paint products of Tnemec Company, listed in the following specifications, are set up as standard of quality. Other manufacturer’s products will be considered as a substitution if Contractor and paint manufacturer certify that the products offered are recommended for the service intended, are compatible with the shop primers used, are equal in solids content and composition, and are of the same type. Submittals shall include the following performance data as certified by a qualified testing laboratory. ASTM specifications shall be the latest revision.

I. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14.

ASTM B 117 Salt Fog ASTM D 3359 (Method A and B) Adhesion Test ASTM G8, Method A Cathodic Disbondment ASTM D 4541 (Elcometer) ASTM D 4060 Taber Abrasion ASTM D 522 (Conical Mandrel) ASTM D 3363 Pencil Hardness ASTM D 2794 Impact ASTM G 53 QUV Exposure ASTM D 2240 Durometer, Shore D ASTM E 96 Moisture Vapor Transmission ASTM D 2370 Tensile Strength and Elongation ASTM D 638 Tear Strength EIS Test Results

3.0 - EXECUTION

3.01 SURFACE PREPARATION

A. General:

1. All surfaces to be painted shall be prepared as specified herein at “Table 09900-A, page 09900-7” and by the manufacturer’s published data sheet and label directions. The objective shall be to obtain a uniform, clean, and dry surface. No field painting shall be done before the prepared surfaces are observed by the Owner. Surfaces painted without such observation shall be abrasive blast cleaned and repainted. After inspection and upon request by the Owner, any pitting on the interior andlor exterior shell of the tank shall be primed and then filled flush with the existing tank surface using Tnemec Series 63-1500 F&S FillerlSurfacer. Care shall be taken to trowel apply the material even with the surface of the tank interior. In the event that any fins or protrusions result from pit filling, then those areas shall be ground down even with the tank surface and cleaned in accordance with SSPC-SP 1 “Solvent

2.

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Wiping” prior to application of the intermediate coat. Payment for pit filling shall be considered incidental to the painting and no separate payment shall be made for such. Prior to field blasting, a sample of the blast abrasive shall be provided to the Engineer for pH testing. Additional samples of subsequent deliveries or batches of blast abrasives shall be provided to the Engineer for pH testing. For on-site abrasive blasting, low-dust, low-silica content material shall be used. Coal slag abrasive shall be used on pipe and ferrous materials. Staurolite abrasive shall be used on concrete and concrete block.

5. Quality of surface preparations listed within “Table 09900-A” are considered a minimum. If paint manufacturer requires a better preparation for a particular application, it shall be considered a requirement for this specification. Surfaces shall be clean, dry, and adequately protected from dampness. Surfaces shall be free of any material which will adversely affect adhesion or appearance of painting and coating. Cleanliness shall be checked by wiping the prepared steel surface with a white cloth dampened with the manufacturers thinner for the particular paint system. If a dark spot appears on the rag from light wiping, the Contractor shall take steps to clean the surface more thoroughly before applying paint.

3.

4.

6.

3.02 APPLICATION

A. All materials shall be used as specified by the manufacturer’s published data sheets and label directions.

B. No paint shall be applied on a wet or damp surface, and in no case until the preceding coat is dry and hard. Each coat shall be allowed to dry in accordance with the manufacturer’s data sheets before the next coat is applied.

C. Drying time shall be construed to mean “under normal conditions”. Where conditions are other than normal because of the weather or because painting must be done in confined spaces, longer drying times will be necessary.

D. Additional coats of paint shall not be applied, nor shall units be returned to service until paints are thoroughly dry and cured.

E. Steel that will be inaccessible in the completed work shall receive all coats before enclosure.

F. Paint shall be applied to provide an opaque, smooth surface of uniform finish, color, appearance and coverage. Cloudiness, spotting, holidays, laps, brush marks, runs, sags, or other surface imperfections will not be acceptable. Tops and bottoms of walls and areas that are “cut-in” by brush prior to rolling shall have a uniform appearance in comparison with adjoining surfaces.

G. Concrete block walls shall be back-rolled in conjunction with application of the sprayed prime coat.

H. Contractor shall brush or roller apply a “stripe coat” to all welds and sharp edges

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3.03

of interior hatches, valves, or sharp edges of support steel using Tnemec Series 446 Perma-Shield MCU @ 2.0-3.0 mils DFT (dry film thickness) prior to application of intermediate coat. This procedure is to insure adequate coverage of welds and sharp edges of tank interior.

I. Crevices and other hard-to-apply areas shall be back-rolledlback-brushed in conjunction with application of the first field coat of primer or intermediate coat. This includes, but is not limited to: between pipe flanges, pipe flangelpipe barrel joints, equipment fittings, and other narrow openings.

J. Tank painting shall be inspected in accordance with the applicable AWWA Standard. Painting inspection and testing shall be performed by the Owner or it’s designated representative and at the Owner’s cost.

K. Owner’s inspector shall be allowed to use Contractor’s rigging, ladders, scaffolding, etc. which shall be left in place, for the purpose of accessing each painted area for each inspection and test.

L. Each and every painted area shall be subject to inspection and testing on each and every paint coat.

M. Any failed or faulty component of the paint system shall be repaired or replaced in complete conformance with the warranty provisions of this Contract of any prior acceptable inspection record or test result.

N. Owner will provide ladders and/or scaffolding for the annual inspection, if performed.

FIELD QUALITY CONTROL

A. Examination of work on the site by the manufacturer’s representative shall be performed when requested by the Owner

3.04 CLEANING

A. All stains and marks shall be removed from other surfaces upon completion of the work.

3.05 SCHEDULE

A. General:

1.

2.

At the completion of the project, all painted surfaces which have been damaged shall be repainted or touched up. The painter shall use some discretion in what should and should not be painted. Do not paint over labels and other information, bronze or brass, machined surfaces, moving parts where painting may impair movement, hot surfaces which may peel, etc. If in doubt whether a part should be painted, ask the Owner

09900-6

J:\Clinton Upgrade\Clinton Water 2009 ProjectY21100 - DesignDI 108 - Specifications\Specs-Tank and Foundation\09900 Painting.doc

B. New Work:

1. All new work done by all the trades shall be painted by Contractor in accordance with “Table 09900-A and in accordance with the paint manufacturer’s recommendations. It is the intent of these specifications that all ferrous metals scheduled for painting be shop primed. If items are not shop coated, surfaces shall be prepared and painted in the field as specified. If any items of new construction are not listed, Contractor shall request paint system from Engineer, and the items shall be painted as part of this Contract without additional cost.

C. Coverage

1. Dry mil thickness conforming to these standards. Mil test measurement shall conform to SSPC-PA 1 of the SSPC Society of Protective Coatings Painting Manual. Upon the request of Owner, surfaces shall be checked by the painter with a calibrated mil thickness gauge and any deficiencies found in the film shall be remedied by additional coat@) at the expense of the Contractor.

3. On masonry, application rates will vary according to surface texture; however, in no case shall the manufacturer’s stated coverage rate be exceeded. On porous surfaces, it shall be the painter’s responsibility to achieve a protective and decorative finish either by decreasing the coverage rate or by applying additional coats of paint.

4. Coverages reflect manufacturer’s recommendations using spray application techniques. Where brushing of rolling is specified or performed at the discretion of the painter, one additional coat, minimum, will be required to achieve total DFT thickness as specified and recommended by the manufacturer. It is recommended that the primer on the tank exterior be spray applied and that the intermediate and finish coats be roller applied. It is recommended the tank interior be spray applied to insure adequate film build. Cloudiness, spotting, holidays, laps, brush marks, runs, sags, or other surface imperfections will not be acceptable. Any resultant “dry spray”, cloudiness, spotting, holidays, laps, brush marks, runs, sags, or other surface imperfections shall be thoroughly sanded and removed from the surface prior to application of the finish coat. Paint shall be applied to provide an opaque, smooth surface of uniform finish, color, appearance and coverage. Paint submittals shall note where roller or brush application is proposed

and the paint manufacturer’s recommendations of number of coats to achieve the required thickness shall be noted.

2.

5.

D. Colors:

1. 2.

Colors are to be selected by Owner. Contrasting but compatible colors shall be used for each coat to help visually ensure adequate coverage.

09900-7

J:\Clinton Upgrade\Clinton Water 2009 ProjectW 100 - DesignW 108 - Specifications\Specs-Tank and Foundation\09900 Paintingedoc

- .- ti b - t -

DFT M i l s

5.0 to 9.0

.- ti ti 4 .c,

-

DFT Total DFT coats Mils

Third Coat Mils

12.5 to

to 21.5

Series 446 5.0

Perma- Shield 9.0

3

Generic Type

Series I

Omnithane

Modified Aromatic Polyu ret hane/H ydro-

phobic Aromatic Moisture-Cured Po I y u ret h anel H yd ro p ho b ic

Aromatic Moisture- Cured Polyurethane

Series 2.5 446 to Perma- 3.5 Shield

MCU

~

Modified Aromatic Polyurethane

/Aliphatic acrylic polyurethane/ Fluoropolymer polyurethane

2*o to 3.0

- SurFac e Prep. - SSPC -SP10

SSPC -SP6

-

6.5 Series 700 :: to 3 Hydroflon 3.0 9.5

TABLE 09900-A

Sewage Tank - Coating Guide

Series I

Omnithane

~~

First Coat DFT Second (Primer) 1 Mils 1 Coat

2.5 Series 73 to Endura- 3.5 Shield

I

09900-8

J:\Clinton Upgrade\Clinton Water 2009 ProjectE1100 - DesignEI 108 - Specifications\Specs-Tank and Foundation\09900 Painting.doc

TABLE 09900-B

Second Coat

Generic Type DFT Total Total DFT Coats M i l s

DFT Third Coat Mils Mils

Aromatic zinc-rich urethane/Polyamide

Polyamidoamine epoxy

EPOXY/ Series

Pota-Pox 20-1 255

Aromatic zinc-rich urethane/Alip hatic

acrylic polyurethane/ Fluoropolymer polyurethane

4.0 Series N140 5..o 11.5

Pota-Pox 7.0 to 17.0 6.0 3 to to

Water Storage Tank - Coating Guide

Series 73 Endura- Shield

Surface Prep.

6.5 to

Hydroflon 3.0 to 9.5 3 2.0 Series 700 2.0 to 3.0

SSPC- SPlO

SSPC- SP6

First Coat (Primer)

Series 91 H20 Hydro- Zinc

Series

Tneme- Zinc

90-97

- DFT Mils - 2.5 to 3.5

2.5 to 3.5

-

09900-9

J:\Clinton Upgrade\Clinton Water 2009 ProjectUI 100 - DesignU1 108 - Specifications\Specs-Tank and Foundation\09900 Painting.doc

--


09900-1 0

J:\Clinton Upgrade\Clinton Water 2009 ProjectEI 100 - DesignQI 108 - Specifications\Specs-Tank and Foundation\09900 Painting.doc

t

Maximum Service Elevation For the Jasper Tank

Tank Over Flow Elevation 1504 ft Assume Half Full -12 ft Minimum Pressure (30 psi) -70 ft

Maximum Service Elevation 1422 ft

Maximum Service Elevation For the Corbin Tank

Tank Over Flow Elevation 2002 ft Assume Half Full -12 ft Minimum Pressure (30 psi) -70 ft

Maximum Service Elevation 1920 ft

!

Form No. 14

PUBLIC SERVICE COMMISSION OF WEST VIRGINIA

CHARLESTON

Entered by the Public Service Commission of West Virginia, in the City of Charleston on the day of , 2 0 1 1.

CASE NO. 11-0271-W-PW

NAME OF APPLICANT: Clinton Water Association, Inc. 703 Greenbag Road Morgantown, WV 26508

Application for a Certificate of Convenience and Necessity to construct approximately 1 1,000 feet of water line, two water storage tanks, water booster station, and an upgrade of the telemetry system.

COMMISSION ORDER

On March 28, 201 1, the Clinton Water Association, Inc. filed an application, duly verified, for a Certificate to construct certain additions and improvements to the Clinton Water Association distribution system in Monongalia County.

Pursuant to 524-2-1 1, West Virginia Code, IT IS ORDERED that the Clinton Water Association, Inc. give notice of the filing of said application, by publishing a copy of the attached Notice of Filing once in a qualified newspaper as provided in W. Va. Code $59-3-1 et seq., published and of general circulation in counties where service is provided, making due return to this Commission of proper certification of publication within thirty (30) days from the date of publication.

IT IS FURTHER ORDERED that within thirty (30) days of the date of this Order, Clinton Water Association, Inc. shall have completed the mailing of separate notices to each of its customers by one or a combination of the following methods: (i) inclusion of the Form No. 14 Notice of Filing as a bill insert; (ii) separately mailing the Form No. 14 Notice of Filing; or (iii) only for utilities that bill by postcard instead of in an envelope, and who elect not to separately mail the Form No. 14 Notice of Filing, inclusion of a statement on a postcard billing as follows: “This utility is seeking a rate increase. Details available in newspaper publications or at the utility office after by calling 304-292-3088,” and the utility shall have made due return to this Commission of its affidavit as proper certification that the notice was provided.

IT IS FURTHER ORDERED that in the absence of substantial protest received within the stated thirty (30) day period, the Commission may waive formal hearing and grant the application based on the evidence submitted with the application and the Commission’s review thereof.

FOR THE COMMISSION

Executive Secretary


CHARLESTON

At a session of the PUBLIC SERVICE COMMISSION OF WEST VIRGINIA in the City of Charleston on the day of 7'h day of March 201 1.

CASE NO. 11-0271- W-PW

CLINTON WATER ASSOCIATION, INC. Petition to waive the 30-day Notice of Intent period in which to file a forthcoming application for a certificate of convenience and necessity.

COMMISSION ORDER

FINDING OF FACT

By memorandum filed on March 7, 201 1, Commission Staff recommends the Commission grant the utility's request for a waiver of the thirty-day Notice of Intent period to file a forthcoming application for a certificate of convenience and necessity, pursuant to W. Va. Code 5 24-2-1 1.

'

CONCLUSION OF LAW

UPON CONSIDERATION of the utility's request, and as recommended by Commission Staff, it is reasonable to waive the thirty-day Notice of Intent period to file the above-referenced forthcoming application for a certificate of convenience and necessity.

ORDER

IT IS THEREFORE ORDERED that the thirty-day Notice of Intent period to file the above-referenced forthcoming certificate application of convenience and necessity is hereby waived .

IT IS FURTHER ORDERED that this proceeding shall be removed from the Commission's active docket of cases.

Y U t J V

of West Virginia Charleston

IT IS FURTHER ORDERED that the Executive Secretary of the Commission serve a copy of this order by electronic service on all parties of record who have filed an e-service agreement, and by United States First Class Mail on all parties of record who have not filed an e-service agreement, and on Commission Staff by hand delivery.

%.&'* S&&?%w SiiSIdl~lT Sqlrllc I ' x ~ c n t t v e S@rr rrsz-3'

SSIcg 110271s.wpd

of West Virginia Charleston 2

March 1,201 1 Sandra Squire Executive Secretary West Virginia Public Service Commission 201 Brooks Street Charleston, WV 25301

Re: Notice of Intent - Certificate of Convenience and Necessity. Clinton Water Association Waiver Request

Ms. Squire:

The purpose of this letter (on behalf of the Clinton Water Association) is to inform you of the Association’s intent to file an application of Convenience and Necessity to construct certain improvements to their system, As part of this notification, the Clinton Water Association is requesting a waiver of the statutory thirty day notice period to the Commission.

I The basis for this request is the dire need to begin construction as soon as absolutely possible. The two existing tanks are woefully undersized for the current storage requirements. Both tanks have considerable pitting, which recently became a hole in the tank. The existing booster station has become unable to satisfy the current demands in a reliable fashion. During the low demand periods, the one of the two pumps will operate approximately eighteen hours per day. During peak demands, both pumps will operate 24 hours per day and the system will continue to lose storage. With the ever continuing growth in Morgantown, the system is already taxed to its limit.

Thank you for your consideration in this matter, need any additional information, please don’t hesitate to contact me at 304-292-8443.

If you should have any questions or

CoGulting Engineer

March 1,201 1 Sandra Squire Executive Secretary West Virginia Public Service Commission 201 Brooks Street Charleston, WV 25301

Re: Notice of Intent - Certificate of Convenience and Necessity. Clinton Water Association

Ms. Squire:

On behalf of the Clinton Water Association, please let this serve as the Association's Notice of Intent to file an application for a Certificate of Convenience and Necessity in conjunction with their impending upgrade project.

If you should have any questions or need any additional information, please don't hesitate to contact me at 304-292-8443.

Thank you,

Consulting Engieer

The Culture Center 1900 Kanawha Blvd., E.

Charleston, WV 25305-0300 Randall Reid-Smith, Commissioner

Phone 304.558.0220 www.wvcul ture.org Fax 304.558.2779 TDD 304.558.3562

EEO/AA Emplo) er

February 7,20 1 1

Mr. Douglas R. Smith Project Engineer DRS Engineering 21 06 Hillary Drive Morgantown, WV 26508

RE: Clinton Water Association Upgrade Project 2009 FR#: 09-537-MG-1

Dear Mr. Smith:

We have reviewed the additional information submitted for the above referenced project. As required by Section 106 of the National Historic Preservation Act, as amended, and its implementing regulations, 36 CFR 800: “Protection of Historic Properties,” we submit our comments.

Architectural Resources: It is our understanding that the proposed booster station will be replacing an existing booster station. It will be the same height as the existing station. In addition, the proposed Corbin water tank will replace two current tanks that are located in the same area. The new tank will be the same height as the existing tank. In addition, the proposed Jasper tank will replace an existing tank and will be the same height as the existing tank. After review of the submitted information, including photographs, it is our opinion that the proposed project will have no impact to architectural resources eligible for or included in the National Register of Historic Places. No further consultation regarding architectural resources is necessary.

ArchaeoloPical Resource$: A search of office site files located no known archaeological sites within the project area. Submitted information indicates that the proposed construction activities will be confined to previously disturbed areas, where in our opinion it is unlikely that any intact archaeological deposits are present. In our opinion, there are no archaeological sites located within the proposed project area that are eligible for or listed in the Nationai Register of Historic Places. If, however, intact cultural materials are encountered during construction, all activity within the discovery area shall cease and our office shall be contacted immediately.

We appreciate the opportunity to be of service. rfrou have any questions regarding our comments or the Section IO6process, please contact Shirley Stewart Burns, Structural Historian, or Carolyn Kender, Archaeologist, in the Historic Preservation Office at (304) 558-0240.

oric Preservation Officer

1 SMP/CMK/SSB

cc: Mr. Harry Taylor - USDA

http://ture.org

BID LETTING TIMELINE

PSC Certificate of Convenience and Necessity

USDA Rural Development Commitment Letter

Advertise for Bids

Open Bids

March 28,201 1

April 7,201 1

May 3,201 1

June 2,201 1

United States Department of Agriculture Rural Development

White Hall Office

November 23,2010

R. Scott Krabill, President Clinton Water Association 703 Greenbag Road Morgantown, WV 26508

Dear Mr. Krabill:

The Engineering Agreement between Clinton Water Association and DRS Engineering for your Water Storage Tanks and Booster Station Project has been reviewed and accepted by USDA Rural Development. Enclosed you will find an original, approved copy of this agreement for your records. An original approved copy has also been sent to DRS Engineering.

If you have any questions regarding the above, please contact this office.

i Sincerely, /’

STEVEN D. POE Rural Development Specialist

Enclosure cc: State Director

Attn: RUS

RUS Area Office Elkins, WV

i

7009 Mt. Park Drive, White Hall, West Virginia 26554

Committed to the tiitirie of iura1 cornmmties

“USDA is an equal opportunity provider, employer and lender.” To file a complaint of discrimination write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W.,

Washington, DC 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD).

Phone: (304) 366-2921 1-800-295-8228 Fax: (304) 363-7027 TDD: (304) 284-4836 Web: http://www.rurdev.usda.gov/wv

http://www.rurdev.usda.gov/wv

'l'liis Agrccriiciit has bccii prcpiircti for iisc with tho Stmdwl Ciciieriil Conditions of' tlic Constructioii Contract, I;untling Agciicy lidition (No. C-7 10, 2002 Edition) of tlic IQigiiiccrs Joint Coiitract I>owinicnts Coiiimittcc. 'I'hoir provisions arc inta'rclatctl, and a cliatigc in oiic iiiay tiecessitatc ti clioiigc ia the otlicr. L -_ -. ---.-C.----.̂ --_l___l-__- .- . - -_ . . . _ - - . I . . _ - -_^- . -" _. _... .-*-__ -- _^__I.^. I---- ----..---

Copyright 8 2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 223 14-2794

(703) 684-2882

American Consulting Engineers Couiicil 1015 15th StreetN.W., Washington, DC 20005

(202) 347-7474

American Society of Civil Eiigineers 180 1 Alexander Bell Drive, Reston, VA 20 19 1-4400

(800) 548-2723

---___._I--- -- EJCDC E-510 Stnnilnrcl Form nf Agreenient Between Owner nittl Engineer for Professionni Scrvlces, lhiding Ageiicy Edition

Co yright 0 2002 Nntionni Society of Professioiinl Engineers for FJCDC. All rights reserved, -.-.---- ..--.--.."-,,P------ ---c__---

TABIdl{ 01' CONI'ENJ'S

Article 1 . Scrviccs of' IQigineer ......................................................................................................................................................... 1 1.01 scopc .......................................................................................................................................................................... i

Articlc 2- Owiter's Kcsponsibilitrcs .................................................................................................................................................. 1 . . 2.01 (icneral ....................................................................................................................................................................... 1

Article 3 . Schedulc For Rendering Services ..................................................................................................................................... 2 3.0 I Coinmcnceiiicnt .......................................................................................................................................................... 2 3. 02 Time for Completion .................................................................................................................................................. 2

Article 4 .- Invoices and Payinents ...................................................................................................................................................... 2 4. 0 1 Invoices ...................................................................................................................................................................... 2 4.02 Payments ..................................................................................................................................................................... 2

5.0 1 Opinions of Probable Construction Cost .................................................................................................................. - 3 5. 02 Designing to Construct ion Cost Limit ....................................................................................................................... 3 5.03

Article 5 - Opinions of Cost ............................................................................................................................................................... 3

Opinions ofTotal Project Costs ................................................................................................................................. 3

Article 6 - General Considerat ions ..................................................................................................................................................... 3 6.0 1 Standards of Perforinance .......................................................................................................................................... 3 6.02 Design without Construction Phase Services ............................................................................................................. 4 6.03 Use of Documents ...................................................................................................................................................... 4 6.04 Insuraiice .................................................................................................................................................................... 5 6.05 Suspension and Termination ...................................................................................................................................... 5 6.06 Controlling Law ......................................................................................................................................................... 7 6. 07 Successors. Assigns. and Beneficiaries ...................................................................................................................... 7 6.08 Dispute Resolution .................................................................................................................. ............. ..... 7 6. 09 Environmental Condition of Site ............................................................................................................................... 7 6. 10 Indemnification and Mutual Waiver .......................................................................................................................... 8 6.1 1 Miscellaneous Provisions .......................................................................................................................................... - 9

1 * a

.. Article 7 . Definitions ......................................................................................................................................................................... 9 7.01 Defined Tenns ............................................................................................................................................................ 9

Article 8 -Exhibits and Special Provisions ...................................................................................................................................... 10 8.01 Exhibits Included ............................................................................................................................................. f. ....... IO . . . . 8.02 Total Agreement ....................................................................................................................................................... 1 1 8.03 Designated Representatives ....................................... ,, ............................................................................................. 1 1 8. 04 Federal Requirements .............................................................. ;. ............................................................................... 1 1

..-. _I_ ----.---* --. FJCDC E410 Slniidartl Wrni of Agrecniciil Dctrvecii Owiicr ant1 Enginecr for rrorcsslonnl Scrviccs, Fiiiidlnl: Agcncy Ptlllioli

Copyrlglil8 2002 Nnlioiinl Soticly of I1r.ofesslonrl Jhigincers for EJJCDC! . All rlglifs nscrvctl, rnge i -----.----. I_-_---.--I___ c__ __.-_._ _I_ __.__I---_. _I-_.. _-.-.-- .-.. ....

(“Rffectivc Datc”) betwccn - - - TIlIS IS AN AGRHEMBN’I‘ offective as of

Clinton Watcr Association .__ (“Owner) and

-- DRS Bngineering (“Riigiiieer”).

Owner intends to Upgrade the existing Kennedy Booster Station, upgrade approxiniately 5,300 feet of water line along the-

Kingwood Pike, upgrade approximately 7,300 feet of watcr line along Aaron’s Creek Road, upgrade of the Corbin Water

Storage Tank, upgradc of the Gasper Water Storage Tank, upgrade of the existing telemetry system, and relocation of

Approximately 1,500 feet of water line along the Grafton Road.

(“ Droj ect”)

Financial assistance for this Project is expected to be provided by a governmental entity. Nothing herein creates any contractual relationship between Agency and Engineer,

West Virginia Rural Utility Services (“Agency),

1

Owner and Engineer agree as follows

ARTICLE 1 - SERVICES OF ENGINEER

1.01 Scope

A, Engineer shall provide, or cause to be provided, the services set forth herein and in Exhibit A.

ARTICLE 2 - OWNER’S RESPONSIBILITIES

2.01 General

A, Owner shall have the responsibilities set forth lierein and in Exhibit B.

B. Owner shall pay Engineer as set forth in Exhibit C.

C, Owner shall be responsible for, and Engineer may rely upon, the accuracy and completeness of all requirements, programs, instnations, reports, data, and other information furnished by Owner to Engineer pursuant to this Agreement. Engineer may use such requirements, programs, instructions, reports, data, and information in performing or furnishing services iinder this Agreement.

-- _.- -- - EJCDC Fp510 StriirlArtl Forin of Agreenicnt Bchveen Owner And Engineer for Professioiid Services, Punding Agcncy Etlitioii

Copyright 8 2002 N ~ t i o i i ~ l Society of Professionnl Engineers for EJCDC. All rights reserved, Pige I of I ----I-. ---- -I-._ -.-I_.-I --*--I_- -_I_.-...--------..

A. Hngineer sliall begin rcndcring serviccs as of the Uffcctivc Datc of the Agrccnient.

3.02 l'iincfor Coinpldion

A. Engineer shall coinplete its obligations within a reasonable tiinc. Specific periods of titnc for rendering scrvices nrc set forth or specific datcs by which scrviccs are to be cornpleted are provided in Exhibit A, and are liercby tigrecd to be reasonable.

l3. If, through no fault of Engineer, such periods of time or datcs are chnngctl, or the orderly atid continuous progrcss of Engineer's scrvices is impaired, or Engineer's serviccs arc delayed or suspended, then the tiinc for completion of Engineer's services, and the rates and amounts of Engineer's compensation, shall be adjusted cqiiitably.

C. If Owner authorizes changes in the scope, extent, or character of the Project, then the time for completion of Engineer's services, and the rates and amounts of Engineer's compensntion, shall be adjusted equitably.

D. Owner sliall make decisions and carry out its other responsibilities in a tiincly inanner so as not to delay the Engineer's performance of its services.

B. If Engineer fails, through its own fault, to coinplete the perfoimance required in this Agrecnieiit within the time set forth, as duly adjusted, then Owner shall be entitled to the recovery of direct damages resulting froin such failure,

ARTICLE 4 - INVOICES AND PAYMENTS

4.01 h o i c e s

I A. Prepurution and Sribttiittul of Invoices. Engineer shall prepare invoices in accordance with its standard invoicing practices and the terms of Exhibit C, and in a manner acceptable to Owner. Engineer shall submit its invoices to Owner no more than once per month. Invoices are due and payable within GO days of receipt.

4.02 Paytnents

A. Application to Interest and Principal. Payment will be credited first to any interest owed to Engineer and then to principal.

B. Fuilrire to Pay. If Owner fails to make any paymenthue Engineer for services and expenses within GO days after receipt of Engineer's invdce and fitnds are available for the Project, then:

1. amounts due Engineer will be increased at the .rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said sixtieth day; and

2. Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until Owner has paid in fiill all amounts due for services, expenses, and other related charges, Owner waives any and all claims against Engineer for any such suspension.

C. Disputed Invoices. If Owner contests an invoice, Owner may withhold only that portion so contested, and must pay the undisputed poition.

11. Legislutive Actions. If atler the Effective Date of the Agreement any governinental entity takes a legislative action that imposes taxes, fees, or charges 011 Engineer's services or compensation under this Agrecment, then the Engineer may invoice such new taxes, fees, or charges as a Reimbursable Expense to which a factor of 1 .O sliall be

j

-------.1-

U C D C Ed10 Slnntlrrd Forni of Agreenicnt nelwecn Owner nnd Eiigineer for Profcssioiinl Services, Fillitling Agency Edition Copyright 0 2002 Nnlionnl Sociely of Profcerionnl Engineers for IJCDC. All rights reserved.

Pnge 2 of 2 ~----.--.-ll._-C----.-.------C.----I--.-----. I- -

applictl. Owner slinll pny such invoicctl now t w s , fccs, aiitl cliargcs; such phymciit sliwll be in atltlit ioii to thc compcnsatioti to wliicli lhginccr is aititlctl uiitlcr tlic tcrnis of Kxliibit C.

A, lbgiiicer’s opieions of probable Construction Cost are to be madc 011 the basis of Engineer's cxpcriencc and qualifications and rcprcsent Eiiginccr’s bcst judgment as an cxpcricnced and qualified profcssiond geiicrally fiiniilinr with tlie coiistruction industry. Ilowcver, since Ijngincer has no control ovcr the cost of labor, matcrials, cquipment, or scrviccs furnished by others, or over contractors’ mcthods of dctcrmining prices, or over coinpctitivc bidding or market conditions, Engineer cannot and does not guaraiitce that proposals, bids, or actual Construction Cost will not vary froni opinions of probable Construction Cost prepared by Bnginecr. If Owricr wishes greater assurance as to probablc Construction Cost, Owner sliall employ an independent cost estimator as provided in lhliibit B.

5.02 Designing to Conisli’rrclion Cos1 Liinil

A. If a Construction Cost limit is established between Owrier and Eiigincer, such Conshuction Cost limit and a statement of Engineer’s rights and responsibilities with respect tliercto will bc specifically set forth in Exhibit P, “Construction Cost Limit,” to this Agreement.

5.03 Opinions of Total Pi’ojeci Costs

A. The services, if any, of Engineer with respect to Total Project Costs shall be limited to assisting the Owner in collating the various cost categories which comprise Total Project Costs. Engineer assumes 110 responsibility for the accuracy of any opinions of Total Project Costs.

ARTICLE 6 - GENERAL CONSIDERATIONS )

6.01 Standards of Peiforniance

A. The standard of care for all professional engineering and related services performed or fiirnislied by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at tlie same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or othciwise, in connection with Engineer’s services.

B. Owner shall not be responsible for discovering deficiencies in the technical accuracy of Engineer’s services. Engineer shall correct any such deficiencies in technical accuracy without additional compensation except to the extent such corrective action is directly attributable to deficiencies in Owner-furnished information.

C. Engineer may retain such Consultants as’engineer deem necessaiy to assist in tlie performance or fiirnishing of the services, subject to reasonable, timely, and substantive objections by Owner, The retention of such Consultants shall not reduce the Engineer’s obligations to Owner under this Agreement.

D. Subject to the standard of care set forth in Paragraph 6.01.A, Engineer and its Consultants may use or rely upon design elements and inforination ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards.

E. Engineer and Owner shall comply with applicable Laws and Regulations. Engineer shall comply with Owner- mandated standards that Owner has provided to Engineer in writing. This Agreement is based on these requirements as of its Bffectivc Date. Chanps to these requirements after tlic Effective Date of this Agreement may be tlic basis for modifications to Owner’s responsibilities or to Eagineer’s scope of services, tiines of performance, and compensation.

_I- ---- ------_--------- UCDC IM10 Slnntlnrd Forni of Agreenieiit Between Owner ntal Engineer for Profcsslorfll Services, Fiintling Agency Rtllliun

Copyright 8 2002 Nnliotinl Sociefy of Professlonrl Engineers for RJCDC. All riglits reserved, 3 Of 3

6.02

I

6.03

1

12. Rigiaccr sliall riot bu rcquirctl to sign any docunicnts, no niat(cr By wlioin rquesttxl, brtt would rcsult in tlic ltiiginccr liaving to cciti&, giiarantcc, or warrant tlie cxistciice of contlitiotis wliosc cxistciica tho lrnginecr cannot ascafain. Owncr agrccs not to tiinke rcsolution of any dispiitc with tlw 1Qiginccr 01‘ payincnt of any ntnount duc to tlic Hiigiiiccr in any way contingcnt upon tlic Hnginccr signing ally sucli dociinicnts.

G. The General Conditions for any coiistiuction coiitrttct docunicnts pruparcd hcrcundcr are to be tlie “Standard Oeiieral Conditions of the Construction Contract, Funding Agcncy Edition” as prepared by tlic Ihginecrs Joint Contract Uociimcnts Cominittee (No, C-7 IO, 2002 Edition) unlcss both parties tnutually agree to usc other (iencral Conditiolis by specific rcfercnce in Exhibit 1.

H. Engineer shall not at any time supelvise, dircct, or have control over Contractor’s work, nor shall linginecr liavc authority over or responsibility for tlie means, tnctliods, techniques, sequcnccs, or procedures of construction selected or used by Contractor, for sccurity or safety at the Site, for safety precautions mid programs incident to tlic Contractor’s work in progress, nor for any failurc of Contractor to comply with IAWS and Regulations applicable to Contractor’s fiirnishing and perfonning the Work.

1. Engineer neither guarantees the perfonnance of any Contractor nor assumes respoidbility for any Contractor’s failure to fiinisli and perform the Work in accordance with the Contract Documents.

J. Engineer slinll not be responsible for the acts or omissions of any Contractor, subcontractor, or supplier, or o f any of their agents or cinployees or of any other persons (except Engineer’s own employees and its Consultants) at the Site or otherwise firnisliing or performing any Work; or for any decision made on interpretations or clarifications of tlie Contract Documents given by Owner without consultation and advice of Engineer.

K. All Contract Documents and Applications for Payment shall be subject to Agency concurrence.

Design without Conslrtrction Phase Set vices

A. if Engineer’s Basic Services under this Agreement do not include Project observation, or review of the Contractor’s performance, or any other Construction Phase services, then ( I ) Engineer’s services under this Agreement shall be deemed complete no later than the end of the Bidding or Negotiating Phase; (2) Engineer shall have no design or shop drawing review obligations during conshuction; (3) Owner assumes all responsibility for [lie application and interpretation of the Contract Documents, contract administration, construction observation and review, and all other necessary Construction Phase engineering and professional services; and (4) Owner waives any claims against the Engineer that may be connected in any way thereto.

Use ofDocunienls

A. All Documents are instruments of service in respect to this Project, and Engineer shall retain an ownership and property interest therein (including the copyright and the right of reuse at tlie discretion of the Engineer) whether or not the Project is completed. Owner shall not rely in any way on any Document unless it is in printed form, signed or sealed by tlie Engineer or one of its Consultants.

B. A IwLy iiiiiy rcly tlinl (lata or information set forth on paper (also known as hard copies) that the party receives !?om the other party by mail, hand delivery, or facsimile, arc the itenis that the other party intended to send. Piles in electronic media format of text, data, graphics, or other typcs that are furnished by one party to the other are furnished only for convenience, not reliance by the receiving party. Any conclusion or infortnation obtained or derived from such electronic files will be at tlie user’s sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern.

C. Because data stored in electronic media format can deteriorate or be modified inadvertently or otheiwise without authorisration of tlie data’s creator, tlie party receiving electronic filcs agrees that it will perform acceptance tests or procedures within GO days, after which tlie receiving party shall be deemed to have accepted the data thus transferred. Any transmittal errors detectcd within the 60-day acceptance period will be corrected ‘by tlic party delivering thc electronic files.

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F X D C E510 Slandrrtl Form of Agreement Befrveen Owner and Eilglneer for Professional Servlcce, Piintling Agency Etlllion Copyriglit 8 2002 Nnllonal Society of Professlonrl Englneers for EJCDC. All rights reserved.

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D. Wlicn traiisfcrrinl: tlocuiiicnts in clcctronic iiictlin lbriiist, tlic trsnsl8rring pwty iiiiikcs 110 rcprcsentetions RS to lorg tcrni compntibility, usnbility, or roadability of dociinicnts rcsultinI: from tho usc of soflwarc zipplicntion pttclwgcs, ol)crating systcms, or camputcr linrdwarc difticring liom thosc uscd by thc dociinicnts’ crcator.

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€4. Owncr may niakc ntid rctain copios of Ilociancnts for information and rcfcrcncc in coneection with usc on thc Project by Owncr. Eiigiiicer g m t s Owncr a liccrise to usc the Ilocumcnts on tlic I’rojcct, cxtcnsions of tlic Projcct, and othcr proiccts of Owncr, subjcct to the following liniitatiotis: (1) Owner acknowlcdgcs that sucli 1)ocurticnts nrc 1101 intentlcd or rcprcscntod to bc suitable for usc on tlic Project unless completcd by Unginccr, or for use or reusc by Owncr or others on cxtcnsions of thc Project or on any otlicr projcct without written verification or adaptation by Hnginccr; (2) any such use or reuse, or any modification of the Docuincnts, without written vcrification, cornplction, or adaptation by llnginccr, as appropriate for tlic spccific purposc intended, will bc at Owncr’s solc risk and without liability or legal cxposiire to Rngineer or to Engincer’s Consultants; (3) Owncr slirill itidcninify and hold harmless Engineer and hginccr’s Consultants from all claims, damages, Iosscs, and cxpcnsos, including attorneys’ fccs, arising oiit of or resulting from any use, rcuse, or modification without writtcn vcrificatian, coniplction, or adaptation by Ilngiiieer; and (4) such limited license to Owner shall not create any rights in third partics.

F. If Engineer at Owner’s request verifies or adapts tlic Documents for extensions of the Project or for any other projcct, then Owner shall compensate Engineer at rates or in an amount to be agreed upon by Owncr and Engineer.

6.04 fnsrirance

A. Engineer shall procure and maintain insurance as set forth in Exhibit G, “Insurance.” Engineer shall cause Owner to be listed as an additional insured on any applicable general liability insurance policy carried by Engineer.

B. Owncr shall procure and maintain insurance as set forth in Exhibit G, “insurance." Owner shall cause Engineer and Engineer’s Consultants to be listed as additional insureds on any general liability or property insurance policies carried by Owner which are applicable to the Project,

C. Owner shall require Contractor to purchase and maintain general liability and other insurance in accordance with the requirements of paragraph 5.04 of the “Standard General Conditions of the Constrwction Contract, Funding Agency Edition,” (No. C-710, 2002 Edition) as prepared by the Engineers Joint Contract Documents Committee and to cause Engineer and Engineer’s Consultants to be listed as additional insureds with respect to such liability and other insurance purchased and maintained by Contractor for the Project.

I

D. Owner and Engineer shall each deliver to the other certificates of insurance evidencing the coverages indicated in Exhibit G. Such certificates shall be furnished prior to commencement of Engineer’s services and at renewals thereafter during the life of the Agreement.

E, All policies of property insurance relating to the Project shall contain provisions to the effect that Engineer’s and Engineer’s Consultants’ interests are covered and that in the event of payment of any loss or damage’the insurers will have no rights of recovery against Engineer or its Consultants, or any insureds or additional insureds thereunder.

F, At any time, Owner may request that Engineer or its Consultants, at Owner’s sole expense, provide additional insurance coverage, increased limits, or rcvised deductibles that are more protective than those specified in Exhibit G, If so requested by Owner, and if commercially available, Engineer shall obtain and shall require its Consultants to obtain such additional insurancc coverage, different limits, or revised deductibles for such periods of time as requested by Owner, and Exhibit G will be supplemented to incorporate these requirements.

6.05 Siispension and Terttrinalion

A, ,%pension.

1, By Owncr: Owner may suspend the Project upon seven days writtcn notice to Engincer.

2. 13y linginccr: If hginccr’s scrvices Lire substaiitially dclnycd through no faiilt of l:nginccr, lhginccr niuy, after ~iviiig scvcn days writtcn notice to Owner, suspentl scrviccs unclcr this Agrccnient.

n. ?%rtnintrlioii. 13ic obligation to provide fiallicr scrviccs under this Agrccniciit may bc tcrniinatcd:

n. By citlicr party upon 30 days written notice in the evcnt of substantial failure by the other pmty to perform in accordance with tho tcrins licrcof through no fault of tlie terminating party.

b. Dy Engineer:

I ) upon sevcn days written notice if Owner demands that Engineer fitrnisli or perform services contr~iy to Engineer’s responsibilities as a licensed profcssional; or

2) upon seven days written notice if the Engineer’s seiviccs for the Project are dclayed or suspended for more than 90 days for rcasons beyond Engineer’s control.

3) Engineer shall have no liability to Owner on account of such termination.

c. Notwithstanding thc foregoing, this Agreement will not terminate under paragraph 6.05.B. 1 .a if the pal9 receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no inore than 30 days of receipt thereof; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and tliereafier continues diligently to cure the same, then the cure period providcd for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice.

2. Pos convenience,

a. By Owner effective upon Engineer’s receipt of notice fkom Owner.

C . fifedive Dale of Tertttinaiion. The terminating party under paragraph 6.05.B may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to demobilize personnel and equipment from the Site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files.

0. Pnyr,ents Upon Terttiinalion.

1. In the event of any termination tinder paragraph 6.05, Enginecr will bk entitled to invoice’dwner and to receive payment for all acceptable services performed or furnished and all Reimbursable Expenses incurred through the effective date of termination.

2. In the event of termination by Owner for convenience or by Engiiieer for cause, Engineer shall be entitled, in addition to invoicing for those items identified in paragraph 6.05.D, 1, to invoice Owner and to payment of a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with Engineer’s Consultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Exhibit C.

13. Delivery of Project Malerials to Owner, Prior to tlie effective date of termination, the Enginecr will deliver to Owner copies of all completed Documents and other Project materials for which Owner lins compensated Enginecr. Owner’s use of any such Documents or Project matcrials shall bc subject to the terms of Paragraph 6.03.

FJCDC E-510 S!nnhrd Form of Agrceiiient Between Owner nnd EnRfneer for Professionnl Services, Piintlfiig Agency Edl!ioll Copyright 0 2002 Nntionnl Society of Professlorn1 Engineers for EJCDC. All rights reserved.

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A. 'l'his hgrecnicnt is to bc governed by tlic law of tlic statc in which thc l'rojcct is locirtctl, its conflict of laws I provisions exccptcd.

6.07 SticccssorA; Assigns, cmd lleneflciat*ies

A. Owncr and Rngineer each is hereby bound and tlie partners, SIICCBSSO~S, executors, administrators and legal representativcs of Owner and Hngineer (and to the cxtent pcnnitted by paragraph 6.07.D thc assigns of Owner and Hngineer) arc hcrcby bound to thc otlicr party to this Agreement and to thc parhicrs, succcssors, executors, administrators and legal represcntativcs (and said assigns) of sucli other party, in rcspcct of all covenants, agreements, and obligations of this Agreement.

B. Ncither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitatioa, moneys that arc due or may become due) in this Agreement without tlie written conscnt of tlie other, cxcept to the extent that any assignment, subletting, or transfer is inandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignincnt, no assignment will rcleasc or discharge t h e assignor from any duty or responsibility under this Agreement.

C. Unless expressly provided otherwise in this Agreement:

1. Nothing in this Agrement shall be conslrued to create, impose, or give rise to any duty owed by Owner or Engineer to any Contractor, Contractor's subcontractor, supplier, otlicr individual or entity, or to any surcty for or employee of any of them.

2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owrier and Engineer and not for tlie benefit of any other pal-&.

3. Owner agrees that the substance of the provisions of this paragraph 6.07.C shall appear in the Contract Documents. I

6.08 Dispute Resohitiota

A. Owner and Engineer agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice prior to invoking the procedures of Exhibit H or other provisions of this Agreement, or exercising their rights under law.

B. if the parties fail to resolve a dispute through negotiation under paragraph 6.08.A, then either or both may invoke the procedures of Exhibit H. If Exhibit H is not included, or if no dispute resolution inethod is specified in Exhibit H, then the parties may exercise their rights underlaw.

.. . 6.09 &nvisontnental Condition of Site . .

A. Owner has disclosed to Engineer in writing the existence of all known and suspected Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, hazardous substances, and other Constituents of Concern located at or near the Site, including type, quantity, and location.

€3. Owner represents to Engineer that to the best of its knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at the Site.

C. If Engineer encounters an undisclosed Constituent of Concern, then Engineer sliall notify ( I ) Owner and (2) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations.

---- - - RICDC FrSlO Sfandnrd Form of Agreement nehveeii O w e r and Eiigiiieer for Professional Seivlces, Finitling Agercy Etlitioii

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D. It is acknowlctlgcd by both partics that Iliigiticcr’s scopc of scrviccs docs not inclutlc any scrviccs rclittctl to Constitucnts of Conccrn. If Ilngiiiccr or any otlicr p i ty cncoiiiitcrs an undiscloscd Constitucnt of Conccrn, or if invcstigativc or rcnictlial action, or otlicr profcssional scwiccs, arc ncccssrtry with rcspcct to discloscd or undiscloscd Constitucnts of Conccrii, tlicii Hiiginccr may, at its option aiitl without liability for cotiscqucntid or airy other dan~agcs, suspend pcrforniance of scrviccs on the portion of the Projcct aftiectcd t hcrcby until Owner: (1) rctains appropriatc spccialisl consultant(s) or coiitractor(s) to idcntitjl and, AS appropriutc, abatc, reincdiatc, or remove thc Constituents of Conccrii; and (2) warrants that the Sitc is in f i i l l compliance with npplicable Laws ant1 Rcgulations, !

E. If the presencc at the Site of undisclosed Constituents of Conccrii adversely affccts the pcrforinancc of Enginccr’s services under this Agrceinent, thcn the Engineer shall have tlic option of (1) accepting an equitable adjustment in its compensation or in the timc of complction, or both; or (2) tcrminnting this Agrccment for cause on 30 days notice,

P. Owner acknowledges that Engineer is performing professional scrvices for Owner and that Engineer is not and shall not be rcquired to become an “arranger,” “operator,” “generator,” or “transporter” of hazardous substances, as defined in thc Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Enginccr’s activities under this Agreement.

1ndetnniJication nnd Miitrial Waiver

A. fndetttnflcution by Engineer: To the fullest extent permitted by law, Engineer shall itidernnitj, and hold harmless Owner, and Owner’s officers, directors, partners, agents, consultants, and ciiiployees from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arisiiig out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to damage to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Engineer or Engineer’s officers, directors, partners, employees, or Consultants.

B. fndetni@calion by Oivnot: To the fullest extent periniltcd by law, Owner shall intlcriinify mtl hold harmless Engineer, Engineer’s officers, directors, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (inchiding but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death or to damage to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Owner or Owner’s oflicers, directors, partners, agents, consultants, or employees, or others retained by or under contract to the Owner with respect to this Agreement or to the Project,

C. Environmental lndetnniflcation. In addition to the indemnity provJdeQUnder paragraph G. 10.B of th% Agreement, and to the fullest extent permitted by law, Owner shall indeninitj, aed hold harmless Engineer and its omcers, directors, partners, agents, employees, and Consultants fi-om and againit any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, and all court, arbitration, or other dispute resolution costs) caused by, arising out of, relating to. or resulting fiom a Constituent of Concern at, on, or under the Site, provided that (1) any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to damage to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (2) nothing in this paragraph shall obligate , Owner to indemnifjl any individual or entity from and against the consequences of that individual’s or entity’s own negligence or willfiil misconduct.

I), Percentage Share OfNegllgence, To the fillest extent pennitted by law, a party’s total liability to the other party and anyone claiming by, through, or under the other party for any cost, loss, or damage caused in part by tlie negligence of the party and in part by tlie negligence of the other party or any other negligent entity or individual,

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EJCDC FXlO Staiidalrl Porn1 of Agreement nehveen Owner And Engineer for Professional Services, Fiiiiding Agcscy Edition Copyright 0 2002 Nationnl Society of Professional Engineers for EJCDC. Ail riglifs reserved,

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sli~ll not cxccctl tlic pcrccntnjic sham that thc prti~y’s ncgligencc \,cars to thc total ncgligeesce of Owncr, Ihgiiiccr, and all other nceligont cntitica and indivitluals.

13. Mtifiid Wnivo: ‘l’o the liillest cxtcnt pcrmiltcd by law, Owncr and l!ngiiiccr waivc agttinsl cnch other, ~ n t l 1111: other’s employecs, officers, directors, agcnts, insurcrs, pailncrs, and consultants, any and ttll claims for or cntitlciiicnt to special, incidental, indirect, or consequcntial dainagcs arising out of, rcsulting fioin, or in any wny rclatcd to the Projcct.

Misccllnncous Provisions

A.

B.

C.

D.

E.

Notices, Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given pcrsonally, by facsimile, by registered or cer&ificd mail postage prepaid, or by a coininercial courier service. All notices shall be cffcctivc upon the date of rcceipt,

Srrvivul. All cxpress representations, waivers, indcinnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason,

Severubili&. Any provision or part of thc Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Engineer, who agree that the Agreement shall be reformed to replace such stricken provision or pait thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

Waiver. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement.

Accrual of Cluittis. To the fullest extent permitted by law, all causes of action arising under this Agreement shall be deemed to have accrued, and all statutory periods of limitation shall commence, no later than the date of Substantial Completion.

ARTICLE 7 -DEFINITIONS

7.01 Deflned Tetws

A. Wherever used in this Agreement (including the Exhibits hereto) terms (including the singular and plural forms) printed with initial capital letters have the meanings indicated in the text above or in the exhibits; in the following provisions; or in the “Standard General Conditions of the Construction Contract, Funding Agency Edition,” prepnrccl by the Engineers Joint Contract Documents Corninittee (No. C-7 10,2002 Edition):

1. Additional Setvices The services to be perfonlied for or furnished to Owner by Engineer in accordance with Exhibit A, Part 2, of this Agreement.

2. Agency - The Federal or state agency named on page I of this Agreement. *

3. Bosic Services - The services to be performed for or furnished to Owner by Engineer in accordance with Exhibit A, Part I , ofthis Agreement.

4. Consfriiction Cosf - The cost to Owner of those portions of the entire Project designed or specified by Engineer. Construction Cost does not Include costs of services of Engineer or other design professionals and consultants, cost of land, rights-of-way, or compensation for damages to properties, or Owner’s costs for legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project, or the cost of other services to be provided by others to Owner pursuant to Exhibit B of this Agreement. Construction Cost is one of the items comprising Total Project Costs.

- IUCDC E-510 Standnrd F o m of Agreenien: Delwcen Owner and Englncer for Professlono1 Servlccs, hintling Agency Edition

Copyright Q 2002 NnliOilRl Soricl)’ of Professlonnl Engineers for EJCDC. All rights reserved, Pngc 3 of 3

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5.

6.

7.

a.

9.

10.

11.

12.

Con$ti/wiit c~j’Coric~t~/i Any substance, product, wastc, or otlicr ointcrial of any naturc wlintsocvcr (iiicliidiiig, hit not liniitcd to, Aabcstos, Petrolcum, Katlioactivc Matcrinl, tind PCi3s) wliicli is or bccoincs listctl, rcgalated, or ~ddresscd pursuant to [a] thc Coni~)rchensivc ISnvironincntal Kcsponsc, Conii~cnsnlioii niitl 1,iabilily Act, 42 U.S.C. Gjj9601 ct scq. (“CIERC1,A”); [b] tlic IIw/nrdous Matcrials ‘i‘rnnsportation Act, 49 IJ,S.C. @I801 ct seq.; [c] tlic Resource Coiiservatbi a i d Recovery Act, 42 IJ.S.C, §§6901 et scq. (‘‘1~ClW“); [d l tlic Toxic Siibstanccs Control Act, 15 USC. jj(i2601 et scq.; [e] tlic Clcan Watcr Act, 33 U.S.C. $51251 et scq.; [fJ the Clean Air Act, 42 U.S.C. §#7401 ct scq.; atid [g] any other fcdcral, state, or local statutc, IHW, rule, regulation, ordinancc, rcsoldion, coclc, order, or dccrec regulating, rclatitig to, or iinposing liability or standards of conduct concerning, any hazardoiis, toxic, or dangcroiis wastc, wbstance, or inatcrial.

Consirltants -- Individuals or cntitics having a contract with Btigincer to furnish scwices with respect to this Pi‘ojcct as Engineer’s independent professional associates, consultants, subcontractors, orwendors.

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Docirtiients - - Data, reports, Drawings, Specifications, Record Drawings, and otlicr delivcrablcs, whcther in printed or elcctronic incdia format, providcd or furnished in appropriate pliases by Enginccr to Owner pursuant to this Agrcemcnt,

Drmvings - That part of the Contract Documents prepared or approved by Engineer which grapliicRlly shows ’ the scope, extent, and character of the Work to be performed by Contractor. Shop Drrtwiiigs are not Drawings as so defined.

Egecfive Date of the Agt*ee,,tent - The date indicated in this Agreement 011 which it becomes effective. If no such date is indicated it means the date on which Agency concurs with the Agrecinent.

Laws md Regirlalions; Lmvs or Regrrlaiions -- Any and all applicable laws, rides, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.

Reir,ibiirsable Expenses - The expenses iiicuiwd directly by Engineer in connection with the performing or furnishing of Basic atid Additional Services for the Project,

Resident Projecf Representalive - The authorized representative of Engineer, if any, assigned to assist Engineer at the Site during the Construction Phase. The Resident Project Representative will be Engineer’s agent or employee and under Engineer’s supervision. As used herein, the term Resident Project Representative iticludes any assistants of Resident Project Representative agreed to by Owner. The duties and responsibilities of the Resident Project Representative, if any, are as set forth in Exhibit D.

13. Spec$cations - That part of the Contract Documents consisting of written technical descriptions of materials, equipmeiit, systems, standards, and workinanship as applied to the Work and certain administrative details applicable thereto.

14. Total frojecf Costs - The sum of the Constniction Cost, allowances for contingencies, and the total costs of services of Engineer or other design professionals and consultants, together with such other Project-related costs that Owner furnishes for inclusion, including but not litnited to cost of land, rights-of-way, conipensation for damages to properties, Owner’s costs for legal, accounting, insurance counseling and auditing services, interest and financing charges incurred in conncction with the Project, and the cost of other services to be provided by others to Owner pursuant to Exhibit B of this Agreement,

ARTICLE 8 - EXHIBITS AND SPECIAL PROVISIONS

8.0 1 Exhibits Included

A. Exhibit A, “Engiiieer’s Services,” consisting of 2 pages.

B. Exhibit By “Owner’s Responsibilitics,” consisting of3 pages,

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MCDC EM0 Stnn(Jnr(1 Form of Agreeineiil Between Owner mil Engineer for Frofessionnl Scrvlces, Funding Agcncy Rdilion Copyright 8 2002 Nntloiinl Society of Professloiinl Engliieers for LJCDC. All rights reserved.

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C. Hxhibit C, “Paymuits to Ihgiaccr for Services and llcimhurst\blc J:.xpcnscs,)) consisting of 3 paps.

D. I3xhibit I), ‘Wutics, Ikqonsibilitias and Limittitioils of Authority of Iksidcnt I’rojcct Ilcprcscntstivc,” consisting of 4 pngcs.

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E. Hxliibit 13, “Notice of Acceptahilily of Work,” consisting of2 p a p .

P, Exhibit F, “Constructioii Cost I h i t , ” consisting of N/A pagcs.

G. I3xliibit G, “Insurancc,” consisting of 2_ pages.

€-I. Exhibit H, “Disputc Resolution,” coiisisting of K/A pagcs.

I. Exhibit I, “Special Provisions,” coiisisting of pages.

J. Exhibit J, “Amendment to Standard Form of Agreement,” consisting of NIL! pages.

Total Agreerrtenl

A, This Agreement (consisting of pages 1 to 122, inclusive, together with the exhibits identified above) constitutes the entire agreement between Owner and Engineer for the Project atid supersedes all prior wriltcn or oral understandings. This Agreement may only be amended, supplemented, or modified by a duly executed written instrument based on tlie foimat of Exhibit J to this Agreement.

Designated Representatives

A. With tlie execution of this Agreement, Engineer and Owner shall designate specific individuals to act as Engineer’s and Owner’s representatives with respect to the services to be performed or furnished by Engineer and responsibilities of Owner under this Agreement. Such individuals shall have authority to transmit instructions, receive information, and render decisions relative to the Project on behalf of each respective party.

Federal Requirements

A. Agency Conciwence. Signature of a duly authorized representative of Agency in the space provided on the signature page hereof does not constitute a commihnent to provide financial assistance or payments hereunder but does signiw that this Agreement conforms to Agency’s applicable requirements

B. Aiidil nnd Acce,w lo I~c.ccwds. For all negotiatcd coiihacts and negotiated modifications (except those of $10,000 or less), Owner, Agency, the Comptroller General, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Engineer which are pertinent to the Agreement, for the purpose of making audits, examinations, excerpts, and transcriptions. Engineer shall maintain all required records for three years after final payment is made and all other pending matters are’closed.

C, Reslriclions on Lobbyiflg. Engineer and each Consultant shall comply with Restrictions on Lobbying (Public Law 101-121, Section 319) as supplemented by applicable Agency regulations. This Law applies to the recipients of contracts and subcontracts that exceed $100,000 at any tier under a Federal loan that exceeds $150,000 or a Federal grant that exceeds $100,000. If npplicable, Engineer must complete a certification form on lobbying activities related to a specific Federal loan or grant that is a funding source for this Agreement. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a inember of Congress, or an employee of a member of Congress in connection with obtaining any Fcderal contract, grant, or any other award covered by 31 USC 1352. Each tier shall disclose any lobbying with non-Federal fiuids that takes place in connection with obtaining any Federal award. Certifications and disclosures are forwarded fkom tier to tier up to the Owner. Necessary certification and disclosure foirtis shall be provided by Owner.

EJCDC Ed10 Stanlard Vorni of Agrcenient Between Owncr and Engineer for Professional Services, Iruntliiig Agency Etlltion Copyriglit Q 2002 National Soclety of Professional Eiiginecrs for FJCDC, All rights rescrvcd.

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D. Szrspnsion und lJeb(trtiwnt. Ihgineer certifies, by signing this Agreement, that neither it nor its principals are presently debamd, suspeaded, proposed for debannent, declared ineligible, or voluntarily excluded fiom participation in this transaction by any Federal departineat or agency. Engineer will not contract with any Consultant for this project if it or its principals is presently debarred, suspended, proposecl for debamlent, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Necessaty certification foiins shall be provided by the Owner.

IN WI'I'NESS WHEREOF, the parties hereto have executed this Agreement.

Owner:

Hy: R. Scott Krabill

Title: President

Date Signed: 1/13/2010

Address for giving notices:

Clinton Water Association

703 Greenbag Road

Morgantown, WV 26508

Designated Representative (see paragraph 8.03.A):

1

Kathy Dalton

Title: Office Manager

Phone Number: 304-292-3088

Facsimile Number: 304-292-5242

c.

E-Mail Address: [email protected]

AGENCY CONCURRENCE

Title: Owner

Date Signed: 1/13/2010

Engineer License or Certificate No. State of: West Virginia

1 184 1

Address for giving notices:

DRS Engineering

2106 Hillary Drive

Morgantown, WV 26508

Designated Representative (see paragraph 8.03.A):

Douglas R. Smith, PE

Title: Owner/ Project Engineer 0

Phone Number: 304-29 1-8 I 82

Facsimile Number- 304-292- 1526

E-Mail Add&!: [email protected] c

By (Signature):

Typed Name:

EJCDC E410 Stmdsril Form of Agreement nrhveen Owner and Eiigineer for Professional Services, Funding Agency Edition Copyright 8 2002 National Society of Professional Engineers for EJCDC. All rights reserved.

Page 12 of 12

mailto:[email protected]

SI J(iQJIS'11Jl) I~OHMA'I' (for iiso with 1910-1PA, 1997 IItlitioii)

'Ilis is Nxlilhit A, consisting of. . .~)ap,cs, rcforrctl to i n nnd part of thc Stttiitlnrtl Iroiwi of Agrcanent between OWNER ~ i i t l k4N(;INItI~It foi- l'rofessioirsl Servircs--k'iiiitliii~ Agciicy Etlitiuii, dntcd -. _ _ ~ - ._ - . - WV Vcrsion 2002

_. . . . . .- -. .

ENGINEER'S Services

PART I -- BASIC SERVICES

A.l .OO BNOINRRR shall provide the following Basic Scwiccs

AJ.01 Study and Report Phase.

A. ENGINEER shall:

1. Consult with OWNER to define and clarify OWNER'S requirenients for the Project and available data.

2. Identify, consult with, and analyze requirements of governmental authorities having jurisdiction to approve the portions of the Project designed or specified by ENGINEER, inclutling but not liinited to mitigating measures identified in the environmental assessment.

3. Identify and evaluate Alternate solutions as listed below available to OWNER's and, after consultation with OWNER, recoiiimend to OWNER those solutions which in ENGINEER'S best judgment meet OWNER'S requirements for the Project. The following alternate solutions will be evaluated

A l t e r n a t e Tank s i z e s , p ipe l i n e l o c a t i o n s , and pump s t a t i o n conf igu ra t ions s h a l l be evaluated.

I

. 4. . Prepare a Preliminary Engineering Report (the "Report") in accordance with AGSNCY guidance. This . Report will be accompanied by ENGINEER'S opinion of Total Project Costs for each solution which is so recommended for the Project with each component separately itemized.

.. .L

5. Prepare applications and supporting documents for private or govemniental grants, loans or advances in coniiection with the Project.

6. Prepare feasibility studics and rate schedules if required for the Project.

7. Perfonn or provide the following additional Study and Report Phase tasks or deliverablcs: N/A

!

8. 14iriiisli rcvicw copius oi'tlic 1kq)ort to OWNIN siitl A<iENCY withiii 1 5 days of autliorixatioii to I)eRia scrviccs aiid rcvicw it with OWNIZR and AOHNCY.

9. Hcvisc tlic Ikport iii rcsponse to OWNI?Rs AGiINCY's, aiid othcr partics' coniiiiciits, NR nppropriatc, ant1 fiiniisli final copics oftlic revisecl ttepoit ta tlic OWNI:,K and AWNCY witliiri rcvicwing it with OWNIQt and ACiRNCY,

clays of completion of

€3. ENGINI!IZK's scrviccs undcr the Study and Report Phase shall be considcred coinplctc and subject to paynient on the date wlicn tlic Rcpart is approvcd by OWNUR, AGlINCY, and otlier governnicntal autlioritics having jurisdiction. Unlcss EINOINEFtR is otherwise I ficd in writing paynicnt for UN(iINUl3R's services undcr tlic Study and Itcport Phase shall be inadc within. !!days of submission of final copics of tlic revised Rcport.

A.1.02 l~rclixninaiy Dosign Phase,

A. ALtcr acccptancc by OWNER and AGENCY of the Report, sclection by OWNfZlt of a rcconimcndcd solution and indication of any specific modifications or changes in the scope, extent, character or design requirements of the Project desired by OWNER, and upon written authorization from OWNER, ENGINEER shall:

1.

2.

3.

4.

5.

6.

7.

8.

On the basis of the above acceptance, selection, and authorizatioii, prepare Preliiiiinary Design Phase documents consisting of final design criteria, prelimitiary drawings, outline specifications and written descriptions of the Project.

Provide necessary field surveys and topographic and utility mapping for dcsign purposes. Base niappiiig for sanitary sewer coiistruction plans shall, at a ininiinuni, be in accordance with tlie WV DEP Construction Assistance Branch Requirements. Base inapping for watcr line constructioa plans shall be, at a tiiiniinuin, in accordance with the WV Bureau of Public Health-Eiivironiiieiital Engineering Divisioii Requirenieiits as supplemented as maximum plan scde ( I ) inch equals 100 feet.

Provide three copies of maps showing the genera1 location of required construction easements and permanent easements and the land to be acquired.

Advise OWNER if additional reports, data or other inforniation or services of the types described in Exhibit B are necessary and assist OWNER in obtaining such reports, data or other information and services.

Based on the information contained in tlie Preliminary Design Phase documents, submit a revised opinion of probable Construction Cost and any adjustments to Total Project Costs known to ENGINEER, which will be itemized as provided in paragraph A 1.01 ,A.4.

Perform or provide the following additional Preliiniiiary Design Phase tasks or deliverables:

N/A

Furnish the Preliniinary Desigii Phase documents for review by a i h with OWNER and AGENCY.

Submit_S_finaI copies of the Preliminary Design Phase documents and revised opinion of probable Construction Cost to OWNER and AGENCY wit l i inadsys of authorization to proceed with this phase.

. \

B. ENGWEER's services under tlie Preliminary Design Phase shall be considered complete and subject to pRyinent when the Prelitniiiary Design Phase documents are approved by OWNER, AGENCY and other governmental authorities having jurisdiction,

A.1.03 Pind Design Plisse

A. After acceptance by OWNER and AGENCY of tlie Preliininsry Design Phase documents and revised opiiiion of probable Coiistriictiori Cost as dctcrmincd in tlic Prcliminary Dcsign Pliasc, but subjcct to any OWNER- directed modifications or changes in thc scope, ext'ent, character or design requirements of or for thc Project, and upon written airthorimtion from OWNER, ENGINEER shall:

\

Page 2 of.?--- Pages (Exhibit A - HNGlNEER's Services)

1, Or tlic basis of tlic tibovc acccptancc, dircctioii, Hnd ttutliorizatioii, prcpiwc finttl Drctwiiigs ~ i i t l Spcificatioiis sliowitig tlic scopc, cxtciit aiitl clinrnctcr of tlic work to IN pcrformctl and furi~ishctl by Coiitractoi'. Spccificfitioiis will bc prcparcd wlicrc approprintc, iii Rcacrnl confortntince with tlic I6 tlivisioii format of tlic Coiistriiction Specifications Institute.

2. Preparc atid providc tcchnical critcria, wriltcn clcscriptions, design data ~ n t l forms for OWNIWs usu in filing npplicntiorrs for punnits from or approvals of govcrnnicntal authorities having juristlictioii to revicw or approvc tlic flnal dcsign of the Project, anti assist OWNIN in consultations with appropriate nutliori tics.

3. Advisc OWNL?R of any adjustiiicrits to the opinion of probable (lonstruction Cost niid any adjustiiicnts to Total Projcct Costs known to ENGINI!BK, itcmimd as provitlcd in paragraph A I $01 A.4 .

4. Perform or providc tlic following additional Find Design Phasc tasks or dclivcrablcs:

N/A

5. Prepare and furnish Bidding Documents for review aiid approval by OWNER, its legal counsel and other advisors, as appropriate, and AGENCY, and assist OWNER in the prcparation of other related documents. Bidding Documelits will comply with AGENCY'S requirements in effect as of the date of this Agreement.

6. Submit? -final copies of the Bidding Documents and a revised opinion of probable Construction Cost to OWNER and AGENCY withinxdays of authorization to proceed with this phase.

B. In the event that the Work designed or specified by ENGINEER is to be performed or furnished under more than one prime contract, or if ENGINEER's services are to be separately sequenced with the work of one or more pritiie contractors (such as in the case of fast-tracking), OWNER and ENGINEER shall, prior to comniencement of the Final Design Phase, develop a schedule for performance of ENGINEER'S services during the Final Design, Bidding or Negotiating, Construction and Post-Construction Phases in order to sequence and coordinate properly such services as are applicable to tlie work under such separate prime contracts. This schedule is to be prepared and included in or beconie an amendment to Exhibit A whether or not the work under such contracts is to proceed concurrently.

C. The number of prime contracts for Work designed or specified by ENGINEER upon which the ENGINEER'S compensation has been established under this Agreement is T~ .

D. ENGINEER'S services under the Final Design Phase sliall be considered complete when tlie filial Bidding Documents are approved by OWNER, AGENCY, and other governineatal authorities having jurisdiction.

I

A. 1.04 Bidding or Negotiating Phase

A. After acceptance by OWNER and AGENCY of the Bidding Documents and the most recent opinion of probable Construction Cost as'deterniitied in the Find Design Phase, and upon written authorization by OWNER to proceed, ENGINEER shall:

1. Assist OWNER in advertising for and obtfiining bids or negotiating proposals for the work and, where applicable, maintain R record of prospective bidders to whom Bidding documents have been issued, attend pre-Bid conferences, if any, aiid receive and process Contractor deposits for accessing the Bidding Documents.

2. Issue Addenda IS appropriatc to clarify, correct or change tlie Bidding Documents.

3. Consult with OWNER as to the acceptability of subcantrnctors, vendors, supplicrs and othcr pcrsons mid entities proposed by Contractor for those portions of the Work as to which such acceptability is rcquired by the Bidding Documents.

rag0 3 of "9 __ Pages (Itxliibit A - DNGINEUR's Scrviccs)

4. I)uteriiiinc tlic accej)tability of siil)stitutc niatcrids and ec~iiipniciit proposctl wlicn substitutioii is nccossnry bccnusc the sl)ccificcl itcin is iaconipntiblc with tlic Project or fails to comply with tqqrlicnblc codes.

5. PcrFOrni or provitle the following ntlditional 1)idcling or NcBotiating I ' h w tasks or dclivernblcs:

N/A

6. Attend thc Did opening, prcparc Bid tabulation sliects and assist OWNER in cval~iating Bids or proposals and in asscrnbling and awarding contracts for the Work.

H. The Bidding or Negotiating Phase shall be considered complete upon coininencement of the Construction Phase or upon cessation of negotiations with prospective Contractors (except as may be required if Exhibit E: is a part of this Agreement).

A.1.05 Construction Phase

A. Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from OWNER, ENGINEER shall:

1.

2.

3.

4.

5.

General Aditrinistration of Construction Cortlrucl. Coiisiilt with OWNER and act as OWNER'S representative as provided in the General Conditions. The extent and liinitations of the dutics, respoiisibilities and authority of ENGINEER as assigned in said General Conditions shall not be modified, except as ENGINEER may otherwise agree in writing, All of OWNER'S instructions to contractor will be issued through ENGINEER who shall have authority to nct 011 bclialf of OWNER in dealings with Contractor to the extent provided in this Agreement and said General Conditions except as otherwise provided in writing.

Selecting Independent 7'esling Luborulory Assist OWNER iii the selection of an independent testing laboratory to perform the services identified i n paragraph B. I .OO.O.

Ptge-Conslrirclion Cortference. Along with the Resident Project Representative, participate in a Pre- Construction Conference prior to corninencement of Work at the Site,

Baselines and Eenchrnurks. As appropriate, establish baselines and benchmarks for locating the Work which in ENGINEER'S judgment are necessary to enable Contractor to proceed,

Ifisits to Site and Observation of Constrirction. In coniiection with observations of the Work of Contractor while it is in progress:

a. Make visits to the Site at intervals appropriate to the various stages of construction, as ENGINEER deems necessary, but at least nionthly, in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of Contractor's work. Such visits and observations by ENGINEER and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of the work in progress, or to involve detailed inspections of the work beyond the resporisibilities specifically assigned to ENGINEER i n this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling and similar methods of general observation of tlic work bascd on ENGINEER'S exercise of professional judgment RS assisted by the Resident Project Representative, if any. Based 011 inforniation obtained during such visits and such observations, ENGINEER sliaII determine in general if such work is proceeding i n accordance with the Contract Dociiiiients and ENGINEER shrtll keep OWNER informed of the progress of the work. The responsibilities of ENGINEER contained in this paragraph are expressly subject to the limitations set forth in this paragraph A.1.05.A.S and other exprcss or general liniitations in this Agreement nnd elsewhere.

Pagc 4 of-%- Pages (Exhibit A - ONOINBEK's Scrviccs)

,

6.

7.

8.

9.

IO,

I). Tlic purposc of I!NUlNIIIill's visits to aut1 rccprcsentatioii by tlic Itcsidcnt I'rojcct Rclmsciitativc, il' any, at tlic Sitc will bc to ciinblc I<NNQIN131!R to bcttcr carry out tlic tlutics and rcspoiisibilitics assigiictl to ant1 un(1ertalcai by IiN(;lNMill during tlic Coiistruction PIiasc, and, iii addition, by tlic cxcrcisc of I?N<ilNI!Hlt's cfforts as an cxpcriciiccd and qualified tlcsijiii profcssioiirl, to exprcss RII iiifornicd professional opiiiioii that the coiiiplctcd Work of (!ontractor will conforin iii gcricrnl to Ihc Coiltract Docunicnts and that the intcyrity of tlic dcsign concept of tlic coiiiplctcd Project as a fiiiictioiiing wliole as indicatecl in tlic Coiitract 1)ocunicnts lias bccii implcnientctl aiitl prcscrved by Contractor l!NOINEI!R shall not, during sucli visits or as ti result of such obscrvatioiis of Contractor's work in progrcss, supervise, direct or liavc control over Contractor's work nor sli~ll ENGINEER havc authority over or rcsponsibility for thc means, nicthods, tccliiiiqucs, sequcnccs or praccdurcs of construction sclectcd by Coiitractor, for safcty prccautioiis and prograins incidcnt to the work of Coiitractor or for any failurc of Contractor to comply with laws, rulcs, rcgulations, orclinanccs, codcs or ordcrs applicable to Contractor's funiisliing and pcrforming tlic Work. Accordingly, ENGINEER ncitlier guarantces thc pcrformancc of any Contractor nor R S S I I I ~ ~ C S rcsponsibility for any Contractor's failure to furnish and perform its work in accordance with tlic Contract Documcnts.

Defective Work During such visits and on the basis of such abscrvntions, I:,N<ilNEER shall hnvc authority to recommend to OWNER that Contractor's work be disapprovcd and rejected while it is in progress if ENGlNEER believes that such work will not produce a coiiipletcd Project that conforms generally to the Contract Documents or that it will prejudice tlie integrity of the design concept of tlie cornplcted I'rojcct as a functioning wliole as indicated in tlie Contract Documents.

Clarflcalions and Inlerpt*etalions; Field Ovders. lssue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of tlic work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferablc from the Contract Documents. ENGINEER may issue Field Orders authorizing minor variations from the requirements of the Contract Documents.

Change Orders and Work Change Directives. Recommend Change Orders and work Change Directives to OWNER, as appropriate, and shall prepare Change Orders aiid Work Change Directives as required.

Shop Drmvings andsamples. Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with tlie design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such reviews and approvals or other action will not extend to means, niethods, techniques, sequences, or procedures of construction or to safety precautioiis and prograins incident thereto. ENGINEER will complete reviews and approvals within 14 days of receipt of contractor's submittal unless additional time is available per contmctor's subiniltal schcdule that lias earlier been acceptable to ENGINEER,

Szibslilules. Evaluate and determine the acccptability of substitute or "or-equal" materials and equipinent proposed by Coiitractor, but subject to the provisioiis of paragraph A.2.01.X.21 of this Exhibit A.

11. Inspections and Tesls. Require such special inspections or tests of the work as deemed reasonably necessary, and receive and review all certificates of ihspections, tests and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Docuinents. ENGINEER'S review of such certificates will be for tb purpose of determining that tlie results certified indicatc compliatice with the Contract Docuiiieiits and will not constitute an independent evaluation that the content or procedures of such irwpectians, tests or approvals comply with the requirements of the Contract documents. J3NCjINIXR sliall be cntitlctl to rely on tlie results of such tcsts.

12, Disagreernenls behveen OWNER and Conlriaclor: Render fornial written decisions 011 all claims of OWNER and Contractor relating to the acceptability of the work or tlie interpretation of the requiremcnts of the Contract Documents pertaining to the execution and progress of tlic work. In reiidering such decisions, ENGINEER shall be fair and not show partiality to OWNER or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity.

Page 5 of A. Pnges (Exhibit A - RNOlN13RR's Serviccs)

a. Kccornnicntl the ainoiints tlint Contractor bc psitl. Such rccotiiiiieiitlHtioiis of paymetit will he in writing atid will constittitc HN<ilNl?lSl<'s reprcscntation to OWNIIR, bawd on such obscwations H I I ~ revicw, that, to tlic b s t of I:NC;lNI$Hlt's knowlcdgc, information and bclicf, tlie work lias progress4 to the point iiidicatcd, tlic quality of such work is gciicrally iir accortlancc with the C!ontract I)ociimcnts (subjcct to an evaluation of such work as a functioning wliolc prior to or apoii Substantial Completion, to the results of any suhscquent tcsts called for in thc Contrmt Documents and to any otlicr qualifications statcd in tlie recotniiiciwlation), nnd tlic conditions prccedent to

)Contractor's bcing cntitlcd to such payment appear to havc becn fulfillcd in so far as it is 13NGIN12HK's responsibility to obscrvc the work. I n the casc of unit price work, IZNGINHER's rccominendations of payrncnt will include final dctcrrninations of quantities and classifications of such work (siibjcct to any subsequcnt adjustnients allowed by thc Contract docisncnls). The responsibilities of ENGINEER contained in paragraph A. 1.05.A.S.a. are expressly subject to the limitations sct forth in paragraph A 1.05.AS.b. and 0 t h cxprcss or gencral limitations in this Agreeincnt and clscwhcrc.

b. By recommending any payment ENGINEER shall not lliercby be deemed to have reprcseiited that observations made by ENGINEER to check tlic quality or quantity of Contractor's work AS it is performed and furnished have been exhaustive, extendcd to every aspect of tlie work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to ENGINEER iii this Agreement and the Contract Documents. Neither ENGINEER'S review of Contractor's Work for the purposes of recommending payments nor ENGINEER'S recommendation of tiny pnyriicnt including final payment will impose on ENGINEER responsibility to supervise, direct or control such Work or for tlie means, methods, techniques, sequelices or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with laws, rilles, regulations, ordinances, codes or ordcrs applicable to Contractor's furnishing and performing the Work. It will also trot impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any of the Work, materials or equipment has passed to OWNER free and clear of any liens, claims, security interests or encumbrances, or that there may not be other matters at issue between OWNER and Contractor that might affect the amount that should be paid.

14. Conlt.ac/oor"s Cotnplelion Docutnenls. Receive and review iiiaintenaiice and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the Contrttct Documents, certificates of inspection, tests and approvals, and marked-up record docirments iticluding Shop Drawings, Samples and other data approved as provided tinder paragraph A.1 .OS,A.9 and marked- up record Drawings which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment, but the extent of such review will be limited as provided in paragraph A.1.05.A.13.; and ENGINEER shall transmit these documents to OWNER.

,.. 15. RecordDrmvlngs. Prepare and furnish to OWNER a set of reproducible Project Record Drawings

#Rowing appropriate record information based on Project documentation received from RPR and Contractor.

16. Subslantla1 Cotttp/eliom Following notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with OWNER, AGENCY'S representative, and Contractor, conduct an inspection to detemiine if tlie Work is substantially complete. If after considering any objections of OWNER, ENGINEER considers the Work substantially coniplete, ENGINEER shall delivcr a certificate of Substantial Conipletion to OWNER, AGENCY, and Contractor,

17. Perform or provide the following additional Construction Phase tasks or deliverablcs:

N/A

Pngc G of -2. ~ - Pnges (Exhibit A - EN(i1NERR's Scrviccs)

18. h'irial Notice rfAccepfal)i/ily qf tJic Work h coinpniiy with OWNI!It'x ant1 A(iLZNCYS laprcscntntivw, coiuluct a fitial inspectioii to rlctcriiiine if the coniplctctl Work of (!ortrnctor is ncccptnblc so that l~N<IlNl?l3K m y rccoiiiiitcnd, in writing, filial pnynicnt to Coiitrilctor. Accoiiipanyi~~g tlic lecoiiit~iciitlntiori for fiiiiil pitymait, I!NCilNlW< shall ~ l s o proviclc n trotice in tlic form nltaclictl hcrcto tts 1jxIiil)il IZ (tlic'' Notice of Acccptability of Work") that tlte Work is ncccptnblc (suhjcct to the provisions of ~~aragraph A.1.0S.A. 13.b) to tlic bcst of ENCilNI!l:.R's kiiowlcclgc, informatior ant1 bclicf and bascd oil tho cxtcnt of tlic scrviccs providcd by ISNOINBBK undcr this Agrccnient.

H. Unless otherwise notified i n writing by OWNIZK, BNOlNBHR skaII providc the scrviccs of a Kcsidcnt I'rojcct Rcprcsontative (RPR) at the Site to assist I!NCiINIZER and to providc morc continuous obscrvntioirs of such work on a Fiill-time basis unless part-tiinc services are cxprcssly approvcd by A<IlZN<IY and this Agrccnient is aineiidcd accordingly. ENCilNIZER will, prior to tlie prc-construction confcrencc, submit a resunic of the RPR's qualifications for q)provaI by OWNER and AGI%NCY, "lie duties, rcsponsibilities, and limitations of authority of tlic RPR arc as set forth in Exhibit D. The furnishing of such Resident Project lteprcsentativc services will not extend BNGINHIZR's rcspoiisibilitics or authority beyond the specific limits set forth clsowlicre.

C. Liniitution ofRcsponsMifies. RNCilNEFSR shall not be responsible For the acts or omissions of any Contractor, or any of their subcontractors, veiitlors, suppliers, or of any other individual or entity performing or furnisliing airy of tlic Work. ENOlNHlZR shall not be responsible for any Contractor's failure to perforin or furnish the work in accordance with the Contract Documents.

D. Diwulion of Conslricction Phase. The Construction Phase will coninience with the execution of tlie Construction Agreement for the Project or any part thereof and will terniiiiate upon written recommendation by ENGINEER of final payment to contractor. If the Project involves more tlian one prime contract ns indicated in paragraph A.1.03.C., Construction Phase services may be rendered at different times in respect to the separrtte Construction agreements.

A. 1.06 Post-Construction Phrse,

A. Upon written authorization from OWNER during tlie Post-Construction Phase, ENGINEER shall:

1. Provide assistance to OWNER in connection with tlie refining and adjusting of any Project equipment o r system, in training OWNER'S staff to operate and maintain the Project, equipment, and system, and, in developing systems and procedures for coiitrol of the operation and maintenance of and record keeping for the Project,

2. Together with OWNER nnd AGENCY'S representative, visit the Project to observe any apparent defects in the completed Work, assist OWNER in consultations and discussions with Contractor concerning correction of such defects, and makc recomincndations as to replacement or correction of defective Work,

3. Perform or provide the following additional Post-Construction Phase tasks or deliverables:

4. In company with OWNER (or OWNER'S representative) and AGENCY'S representative, perform a warranty inspection of the Project in the 1 I"' month following Substantial Completion to ascertain whether items of Construction are subject to correction.

B. The Post-Construction Phase services may coninieiice during thc Construction Phasc and will terminate one ycar after tho date of Substantial Completion.

I

Page 7 of -9.- Pages (Exhibit A - F,NGINBER's Scrviccs)

A.2.01 Atltlltioiial Scrviccs Hcrpii+iiig OWNlWa At1t1torj%~tion in Atlvancc,

A. If authorimd in writiiig by OWNER, and with AOHNCY concurrcncc, EN(iINlilll< shall furnish or obtain from othcrs Additional Scrviccs of tlic typcs listed bclow. 'Ilicsc sciviccs will I)e paid for by OWNl3K HS indicated in Articlc 4 of tlic Agweniciit.

1. Prcparation or revicw of cnvironinental asscssnicnts ant1 impact statcinents; rcvicw and evaluation of tlic affects on the dcsigii requircincnts for thc Projcct of any such statenicnts and documents prepared by others; mid assistance in obtaining approvals of authorities having jurisdiction over tlic nnticipatcd environmciital impact of tlic Projcct.

2. Services to make rncasurcd drawings of or to iiivestigatc existing conditioris or facilities, or to verify the accuracy of drawings or other information furnished by OWNER.

3. Services resulting from sigtiificant changes in thc scope, extent or clisracter of the portions of thc Project desigiwd or specified by ENGINEER or its design requirements including, but n'ot liinitcd to, changes in size, complexity, OWNER's schedule, character of construction or iiicthod of financing; and rcvising previously accepted studies, reports, Drawings, Specifications or Contract Docunients wlien such revisions are required by clianges in laws, rules, regulations, ordinances, codes, standards or orders enacted subsequent to the Effective Date of this Agreement or are due to any other causes beyond ENGINEER'S control, Redesign to reduce Project costs to within the funds available as stated in Exhibit F shall not be considered Additional Services.

4. Services resulting from evaluation by ENGINEER during the Study and Report Phase at OWNER's request of alternative solutions in additioii to those specified in Part I .

5. Services required as a result of OWNER'S providing incomplete or incorrect Project information, with respect to Exhibit B.

6. Providing renderings or models for OWNER's use.

7. Preparing documents for alternate bids requested by OWNER for Contractor's work which is not executed or documents for out-of-sequence work.

8. Undertaking investigations and studies including, but not limited to, detniled consideration of operations, maintenance and overhead expenses: the preparation of detailed cash flow and economic evnluations and appraisals; evaluating proccsses avnilrible for licensing and assisting OWNER in obtaining process licensing; detailed audits or inventories required in connection with construction performed by OWNER.

9. Furnishing services of ENGINEER'S Consultants for other than Basic Services.

10. Services attributable to more prime construction contracts than specified in paragraph A. I .03.C.

I 1. Services (which are not part of Basic Services) during out-of-town travel required of ENGINEER other than for visits to the Site or OWNER's office.

12, Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering and constructability review requested by OWNER; and performing or furtiishing services required to revise studies, reports, Drawings, Specifications or other Bidding Docunients as a result of such review processes.

13. Determining the acceptability of substitute materials and equipment proposed during the Bidding or Negotiating Phase when substitution prior to the award of contracts is allowed by the Bidding Documeiits, or when it is learned after completing of the Find Design phase tlifit the specified inaterial or equipment is no longer manufactured or cannot bc delivcrcd in sufficient time to permit its tiinely incorporation into the Work.

Page 8 of .9_-- Pagcs (Exhibit A - ENGINRER's Scrviccs)

i

14. Assistniicc it1 coiincctiaii with I3itl protests, rcbidtling or rcncfiotiatiiig contracts for construction, materials, equipment or scrvicos. Rcbitltling or rcncgtiating colltracts to Irttlucc tlic coiiir’act costs to fuiids availnblc as stntetl irr Jlxhibit 1’ sliall not be coiiaitlcrcd Atlditioiial Scrviccs.

15. Providing construction siirvcys and staking to cnnhle Contractor to pcrforni work, othcr tliati rcquircd undcr pragrapli A. 1.05.A, and any type of property siirvcys or rulatctl ciigiiiccring scrviccs ncctlcd for tlrc transfer’ of inturcsts in real property; and providing otlicr spccial field survcys.

16. Providiiig Construction Phasc Scrviccs beyond the Contract I’imcs set forth i n Exhibit C.

17. Preparation of opcratiiig, maintcnaivx Rnd staffing nianuals to supplcmcnt Basic Services undcr paragraph A. 1.06.A.

18. Prcparing to servc or serving as a cotisullant or witticss for OWNER in any litigation, arbitration or otlicr

I I). Providing tnorc extensive services required to cnable ENGINEER to issue notices or certifications

dispute resolution proccss rclated to tlic Project.

requcstcd by OWNER undcr parflgraph 6.01 .G.

20. Services in connection with Work Change Directives and Change Orders to reflect chaiiges requested by OWNER so RS to make the compensation corntnensurate with the extent of the Additional Services rendered.

21. Services in making revisions to Drawings and Specifications occasioned by tlic acceptance of substitute materials or equipment other than “or-equal” items; and services after the award of tlie construction contract in evaluating and deterrnining tlie acceptability of a substitution.

22. Additional or extended services during construction niade riecessary by ( I ) eiiiergencies or acts of God endangering the Work, (2) work daiiiaged by fire or other cause during construction, (3) a significant ainount of defective, neglected or delayed work by Contractor, (4) acceleration of the progress schedule involving services beyond nonnal working hours, or ( 5 ) default by Contnctor.

23. Evaluating an unreasonable claim or an excessive nuinber of claims submitted by Contractor or others in connection with the Work.

24. Other services perfornied or fiiriiislied by ENGINEER not otlicrwise provided for in this Agreement.

. .

Pngc 9 of -9. - Pagcs (Exltihlt A - RNOINlJER’s)

This is ICxltibit 13, coiisisting of. pnges, rei'errcd to in nntl pat3 of the Afir'ccnicttt bctwccit OWNICIC aiitl ItNGINl~Itlt for Profcssioiial ScrvircR--Puiitliii~ Agcticy Itdition, dated

WV Vcrsion 2002 . .---. .- -_ _ _ -. . . - - . . .. - _. _ _ -

Jnit in!: OWNI<I<- '&'z2 kT:; I?N(~lNliI~I~ -

OWNER'S Responsibilities

B. 1.00 In addition to other responsibilities of OWNER as set forth in this Agreement, OWNER shall:

A. Provide II,NGINlXR with all critcria and full information as to OWNER'S requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and fiirnisli copies of all design and constriiction standards which OWNER will require to be included in the Drawings and Specifications; and furnish copies of OWNER'S standard forms, conditions and related documents for ENGINEER to include in the Bidding documents, when applicable.

B. Furnish to ENGINEER any other available information pertinent to the Project including reports and data relative to previous designs, or iiivestigation at or adjment to the Project Sale.

C. Following ENGINEER'S assessment of initially-available Project information and data, upon ENGINEER'S request, furnish or otherwise make available such additional Project related information and data as is reasonably required to enable ENGINEER to complete its Basic and Additional services. Such additional information or data would getierally include the following:

1. property descriptions;

2. zoning, tleetl ~ n t l other land use restrictions;

3. property, boundary, easement, right-of-way, and other special surveys or data, including establishing relevant reference points;

4, data prepared by or services of others, including without limitation explorations and tests of subsurface conditions at or contiguous to the Site, drawings of physical conditions in or relating to existing surface or subsurface stnictures at or contiguous to the Site, or hydrographic surveys, with appropriate professional interpretation thereof; . - .".

5. environmental assessnicnts, audits, investigations and impact statements, and other relevant environmental or cultural studies as to the Project, the site and RdjRCellt areas; and

G. data or consultations AS required for the Project but not otherwise identified in the Agreement or the Ex hi bits thereto.

D. Give prompt written notice to ENGINEHR whenever OWNER observes or otherwise becomes aware of a Hazardous Environinental Condition or of any development fhat affects the scope or time of performance of ENGINEER% services, or any defect or nonconformance in ENGINEER'S services or in the work of any Con tractor.

E, Furnish as appropriate other services or direct ENGINEER to provide Additional Services as set forth in Part 2 or Exhibit A of the Agreement AS required.

Page I o L . 3 _ . _ _ _ _ pages (Exhibit B - OWNRR's Rcsponsibilitics)

F. Arrangc for safc access to and makc all provisions for UN(jIN1SIJK ant1 1',NGlNliL?R's Consultaiits to alter upor public and privatc propcrly as rcquirecl for I!NOINEHK to pcrForm acrviccs under tlte Agrccancnt.

(i. IZxainiiic all altcrnate solutions, studies, reports, skctchcs, I)rawiags, Spccificatioiis, proposals and othcr tlocun~ents preretitcd by ENGIM?I!R including obtaining advicc of an attorncy, insuraiicc couiisclor and othcr consultants AS OWNER deenis approgriatc with rcspcct to such cxamination) and rcndcr in writing timcly dccisions pertainiiig thcreto.

H. Obtain reviews, approvals and pcriiiits from all govcmnental authorities having jurisdiction to approve all Phascs of the Project designed or specificd by ENGINEBR and such rcvicws, approvals and consents froiii others AS inay be nccessary for completion of cach Pliasc of the Projcct. OWNER will pay all permit application fees associated with obtaining tlie nccessary reviews, permits, and approvals for construction of the Project,

1, Provide, as required for the Projcct:

1. Accounting, bond and financial advisory, independent cost estitnating and insurance counseling services;

2. legal services with regard to issues pertaining to the Project as OWNER requires, Contractor raises, or ENGINEER reasonably requests;

3. such auditing services as OWNER requires to ascertain how or for what purpose Contractor has used the moneys paid; and

4. placement and payment for advertisement for Bids i n appropriate publications.

J. Advise ENGINEER of the identity and scope of services of any independent coiisirltants employed by OWNER to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value engineering and constnictability review.

K. Furnish to ENGINEER data as to OWNER'S anticipated costs for services to be provided by others for OWNER so that ENGINEER may make the necessary calculations to develop and periodically adjust ENGINEER'S opinion of Total Project Costs.

L, If Resident Project Representative services are not provided pursuant to paragraph A.1.05.B. 1 or otherwise, provide a representative to observe the progress and quality of the Work, ,

M. If OWNER designates a construction manager, an individual or entity other than, or in addition to, ENGINEER to represent OWNER at tlie site, define and set forth in this Exhibit B the duties, responsibilities and liinitatioirs of authority'of such other party and the relation thereof to the duties, responsibilities and authority of ENGINEER.

N. Attend the pre-bid conference, bid opening, pre~constructio~i~cc~~ferences~constructio~~ progress and other jg!, related meetings and Substantial Completion, final payment, and warranly inspections.

rr. %

8 -

0. Provide the services of an independent testing laboratory to perform all inspections, tests and approvals of samples, inaterials and equipmcnt required by the Contract Dociiinents, or to evaluate the performance of matcrinls, equipment and facilities of OWNER, prior to their incorporation into the Work, with appropriate professioiial interpretation thereof;

P. Provide inspection or moiiitoring services by an individual or entity other than ENGINEER (and disclose the identity of such individual or entity to ENGINEER) as OWNER determines necessary to verify:

I. that Contractor is coinplying with any LRWS or Regulations applicable to contractor's performing and furnishing the Work; or

2, that Contractor is taking dl necessary precautions for safety of persons or property and complying with any special provisions of the Contract Doeunients applicable to safety.

Pagc 2 of -3 Pages (Exlilbit B - OWNUR's Ilcsponsibilities)

It. l’erforin or providc the followiiig additiond sorviccs

N/A

.

Page 3 of -3. Pagcs (Exhibit R - OWNER’S Rcspotisibilitics)

Initial:

This is Lxlrlbit C, consisting of ._ _ _ I pagcs, refcrrcd to in and pnrt of thc Agrceinciit betrvceu OWNER RWI ItN(;INk3IGH for I’rofessloiial Scrviccs I- l~uiidiiig Agency ICditioii, dated

Payments to ENGINEER for Services and Reinibursable Nxpenses

Article 4 of the Agrectncnt is suppleincnted AS follows:

ARTICLE 4 -- PAYMENTS TO THE ENGINEER -- LUMP SUM METHOD

C.4.01 General

A. OWNER shall pay ENGINEER for all services described in Part 1 of Exhibit A performed or furnished by ENGINEER, with the exception of Resident Project Representative services, as follows:

I . For services performed or furciished un er p~ a rap11 A. 1.01, the Lump Siini amount of Thousa%hrs ($ t O a 9 rkdtlie Study and Report Ph~se Services are considcrcd

complete as defined in Exhibit A.

2. For services performed or furnished under paragraphs A. 1.02 through A.1.06 (excluding the services of the Resident Project Represetrtative), the Luinp Sum amount of -n Dollars ($ 1.

a. Preliminary Design Phase 20% $ 24,520.00 b. Final Design Phase 50% $ 6 l t 3 0 0 . 0 0 - c. Bidding or Negotiating Phase 10% $ A w n d. Construction Phase 15% $ ie-nn e. Post Construction Phase 5% $ 6.130.00

3. The Lump Sum compensation for services performed or furnished under paragraphs A.I.02 tlirougli A. 1.OB shall include the following sum, paid in the following manner:

.. a. A win which equals 50 percent of the Lunrp Sum compensation payable under paragraph C.4.01 .A.2, above, after the Filial Design Phase documents are complcted and submitted to OWNBR and AGENCY.

u. b. A suni which, together with the compensatiaii provided under paragraph ,4.01 .A.3.a, abovc, equals 70 percent of the Lump Sum compensation payable under paragraljh C.4.01 .A.2, after Final Design Phase Services arc considered complete as defined in Exhibit A.

c. A sum, which, together with the conipensation provided i n paragraphs C.4.01.A.3.a and b, above, eqwls 80 percent of the Lump Sum compensation payable under paragraph C.4.0 I .A.2, immediately after Contracts for Work are rewarded.

Pagc c- I

d. A siiin equal to 15 pemeirt of tlic Iriiiiil) Sum conipcnsation pnyable uader piirrigrnph <:.4.01.A.2 will be paid for general engineering revicw of tlic Contractor's Work tluriiig tlie coastruction period OII pcrccntsgc ratios identical to those approved by tlic IlN(IINI3~H as a basis iipoii which to inakc partial payinaits to tlrc <:ONTRACTOlt(s), l'aytneiits will be made on a monthly basis. I Iowcv~r, payment tinder this parrRraph and of siiclr additional sums as are due tlic IZNGlNHER by reason of tiny iicccssary adjustmods in tlic payymcnt coinputations will be in rn amount so that the aggregate of tlic siinis paid to the I<NGlW,liR under paragraphs C.4.0 1 .A.3.a through C.4.01 A 3 . d will eqiial 95 porccnt of tlic 1,ump Sum ainoiint stipulated in paragraph C.4,Ol.A,2.

e. A final payment, wliicli, together with the compensation provided in paragraphs C.40 I A 3 . a through C.4.01 .A.3.d., equals 100 percent of the Lump Sum compensation payable under paragraph C.4.01.A.2. shall be made when it is dcterniined that all services required under paragraphs A.1.02. through A. 1.05 have been completed. Such payment includes payment for Post-Construction Phase services. ENGINEER retnains responsible to OWNER for the technical adequacy and completeness of such services.

4. Wlien tlte project cost is modified as a result of a change order which calls for the perfortnance of work within the original scope of the project, or incidental thereto, performance of the work shall not qualify for an increme or decrease in the Basic Services Fee."

5 . Changes in Project cost associated with significant change orders, such as additional line extensions o r other items, which were not a prrt of the original scope of the project, will be sufficient justification for adjustment in tlte basic Services Fee, subject to review and approval by the OWNER and the AGENCY. Generally, in such cases, the ENGINEER will be conipensated for the additional work necessitated by change order (s) based oii the origin81 percentage of Basic Fee as compared to the original budgeted amounts for construction, excluding construction contingency.

6. If the OWNBR requires tlie ENGINEER to carry the cost of providing Preliminary mid Final Design Phrse Services, the ENGINEER will be entitled to interest payments by the OWNER in accordance with Article 4.02.B when all of the following exist:

a. The OWNER has received a Letter of Conditions from the AGENCY andhr all funding for tlie Project has been obtained.

b. Plans and specifications have been approved by either the WV Bureau for Public Health - Enviroiimental Engineering Division, or W V Division of Environiiiental Protection, as applicable.

B. Period OfServics. The compensation amount stipulated in paragraph C.4.01 .A.2 is conditioned on a period months. Should siiclr period of service be extentled beyond the period stiited, through no not exceeding 18

frult of the ENGINEER, tlic cotnpciisntion atnoint for I!NQINEER's services shall bs appropriately adjusted,

C. Payments Upon Terntinallon. In theevent of termination at any time during the performance ofthe Basic Services for which the ENGINEER'S compensation is the amount set forth in paragraph C.4.01 ,A.2, ENGINEER shall be paid through the Effective Date of Termination according to the portion of services rendered. Provisions of Paragraph 6.06,A of the Agreement shall apply in determining payment.

D. Conslrirclion Cost Litnil. If psragraph 5.02 of the Agreement is amended and supplemented by Exhibit F, ENGINEER shall so modify the Contract Documents thereunder without an increase i n compensation for Basic Services provided and furnished under paragraph C.4.01,

Page c-2 I

C.4.02 For Hcsideiit Project Representative Services

A. OWNlZR slinll pny ISNGINIJJJH for IZcsidcnt I’rojcct Ibprcsciitntivc services uivlcr paragraph A.1 .OS ((:oiistructioii Phase) oil nil Hourly Hatc as clcscribctl iii I’arilfirt~pli C.4.02.A.2 - 3 or Pcrccntagc of Constriiction HS

tlcscribccl iii Pnragriiph C.4.O2.An2 - 4.

1. Scrvices and Itcirnbursablc 12xpcnscs i n accordance with Attachmcnt 1.

2. The total compcnsatioii for Kesidcnt Project ltcprescntativc scrviccs is prcOicatc on tlic Contract Tinios not cxcceditig -__. 9 _. months and is estimated to be $,QLOOO-.vh(Eli such compensation shall not cxcccd without written approval of OWNER and concurrence of AGIlNCY.

3. RNQINEWR shall submit itemized invoices pursuant to paragraph 4.02,A for services fiimislicd and Rcimbursrtblc IZxpcnscs incurred during the billing pcriod. *l‘llc invoice will be duc and payable by the OWNER to the ENGINBER on or before the 10th day of the following pcriod.

4. Payment for Resident Project Represcntativc Services shall be on a monthly basis proratcd according to the percentage of construction conipleted.

B. AGENCY regulations require “full time” construction observation on projects financed with loan and grant funds. In order to establish a definition for “full titne” construction observation and to establish the ainoiint of the rcsulting cost, the following table may be used to estimate the level of uninimum effort required:

FUNCTION Water Dis tr ibu tioa Sy s tein a.

b. Water Storage Tank 0. Water Well d. Water Treatment Plant e. Wastewater Collec tioii System f. Wastewater Plant System

HOURSAVORKING DAY 8 hrs. 3 hrs. 3 hrs. 5 hrs. 8 hrs. 5 hrs.

Using the table above, the Resident Project Representative fees are to be calculated as follows: Fee = (contract time) x (5 work days / 7 calendrtr days) x (hours /working day) x (hourly rate)

C. In Preparing the Preliminary Engineering Report and Engineering Agreement, the Engineer must estimate the contract tiiiie for each itidividual constniction agreement. Using estimated contract time, the Resident Project Representative fees are to be estimated as follows:

Fee = (contract time-weeks) x (40 hours per week) x (hourly rate) + (estimated reimbursable expenses)

C.4.03 For Additions1 Scrvices

A. Additional Services are those services described in Part 2 of Exhibit A.

B, OWNER shall pay ENGINEER for Additional Services as follows: c, .

.. I . For services of ENGINEER‘S employees engaged directly on the Prdject pursuant to Part 2 of Exhibit A, an amount equal to the cutnulative hours devoted to the Project by each billing class of Engineer’s cmployees times the hourly rates for each applicable billing class phis Reiiiibursable Expenses.

Exhibit C as Attachment I . 2. ENGINBER’s Standard Hourly Rates Schedule and Reimbursable Expenses Schedule i s attached to this

3. The estimated total compensation for services under this paragraph C.4.03 is estimated to be $ 1 5 I 000 *,oo Which shall not be exceeded wilhout the writteii approval of OWNER and the written concurrence of AGENCY.

Pagc c-3

C.4.04 For Relmbuimblc Expciiscs I

A. Cornpetisation to ENGINBRR under partigraph C.4.0 I includes payment for thc following categories of Ibiinbursablc I3xpenses: transportation and subsistence incidental thcrcto; costs associated with obtaining bids or

proposals fioni Coiitractor(s); tull tclcphonc onlls, facsiniilcs ant1 courier soviccs; rcprotluctioa of' rcpnris, Ilrnwiiigs, Sl)ccilications, I3idtliiig Dociiniciits, nncl siniilnr I'rojcct-rclotetl itcws.

11, I<ciiiibursdh JJxlicnscs i*ciisoiiably ~ n t l iieccssnrily incurrcti iii conncctiori with sci vices providcd untlcr pangraphs <!.4.02 and (1.4.03 iiiclutlc providing niitl inaintaining ficltl office facilities including fiirnisliings ~ i i d iitilitics, subsistciicc and trnlisportation for Rcsitlcnt I'rojcct Rcprcsclitatives ontl tlicir assistants, and will hc paid at tlrc rate sct foifli in Attacliinont 1.

C.4.05 ENGINEIUVs Coiisnltants' Cliargcs

A. Compensation to IINGINHLZR for serviccs provided under Hxiiibit C includes:

1. fiNCilNTZHR's Consultants' cliargcs.

2. ENGINEER'S gcneral niitl adininistrativc overhead and profit associatcd with its rcspoiisibility for nnd the expenses of such serviccs and dircct costs.

C.4.06 Standwd Hourly Rates

A. Standard Hourly Rates set forth in Attachincnt I include salaries and wages paid to personnel in O R C ~ billing CIRSS, the cost of ciistoniary and statutory benefits, gencral and adininistrativc overlicad, and operating margin or profit.

C.4.07 Adjustments

A. All adjiistinents to ENGINEER'S compensation shall be in accordance with generally accepted accounting practices as applied on a consistent basis by ENGINEER and consistent with ENGINEER'S overall compensation practices and procedures.

B. The Standard Hourly Rates and Reimbursable Expenses Schedules used in determining compensation payable to BNGMER will be adjusted annually (as of 11 112 9 Geflect equitable changes in the various components of said schedules.

I

C.4.08 Summary of Payments to ENGINEER

A. The compensation provisions of this Exhibit C are summarized as follows:

Description of Service8 Amount Basis of Paynient

1. Study and Report Phase Complete $ 14/000*00 Lump Sum

2. Basic Services - ..

a. Final Design Phase Documents Liinip Suni

b. Final Design Phase Complete $61,300.00 Lump Sum c. Contracts Awarded $ 121260.00 Lump Sum d. Construction Phase Periodic Payments (Aggregate) $ 18,390.00 Lump Surii e. Construction Phase Complete $ 6,130.00 Lump Sum

Completed and Submitted to OWNER and AGENCY $ ' 24 I 520 * 00

, 3. Rcsidcnt Project Rcpresentativc

4. Additional Scrvices

Page C-4

* Coiiipc~isation aiiiouiits so clcsigiiatcd arc cstiiiintca oiily, and I?N<IINIQ!K alinll be pdcl in frill for all anlliorizccd Pioject-rel~tctl services,

I i

Page C-5

E

‘Illis is I6XIIIBI’I’ I), consisting of4 pagos, rcfeircd to in aiid pnit of the Agrecineiit bctwccti Owncr and Eiigincer for Profcssioiial Sorviccs dfltcd .-_-__.

Nofe fo User: Delcte fllris Fallribit ll Eiigiiteer rvill itof be prouidiiig Resideit f ProJecf Represen frr five Services lriittler yarcrgvipli A.I.OS.

Duties, Responsibilities and Liinitations of Authority of Resitlcnt Projcct Representative

Paragraph I .O 1 .A of thc Agreement is amended and supplemented to includc thc following agreement of the parties:

D. I .O 1 Residenf Project Representative

A. Engineer shall furnish a Resident Project Representative (“RPR”), assistants, and other field staff to assist Engineer in observing progress and quality of the Work. The RPR, assistants, and other field staff under this Exhibit D shall provide full time representation unless representation to a lesser degree is approved by Agency.

B. Through such additional observations of Contractor’s work in progress and field checks of materials and equipment by the RPR and assistants, Engineer shall endeavor to provide further protection for Owner against dcfects and deficiencies in the Work. However, Engineer shall not, during such visits or as a result of such observations of Contractor’s work in progress, supervise, direct, or have control over the Contractor’s work nor shnll Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to the Contractor’s work in progress, for any failure of Contractor to comply with Laws and Regulations applicable to Contractor’s perforniing and fiirnishing the Work, or responsibility for Contractor’s failure to fbrnih and perform the Work in accordance with the Contract Documents. In addition, the specific terms set forth in section A. I .05 of Exhibit A of the Agreement are applicable.

C. The duties and responsibilities of the RPR are as follows:

1. General: RPR is Engineer’s agent at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR’s actions. RPR’s dealings in matters pertaining to the Contractor’s work in progress shall in general be with Engineer and Contractor, keeping Owner advised as necessary. RPR’s dealings with subcontractors shall only be through or with the full knowledge and approval of Conhactor. RPR shall generally communicate with Owner with the knowledge of and under the direction of Engineer.

2. Schedirles: Review the progress schedule, schedule df Shop Drawing and Sample submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability.

3. CoMerences and Meefings: Attend meetings with Contractor, such as preconstniction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof.

4. Liaison:

a. Serve as Engineer’s liaison with Contractor, working principally through Contractor’s superintendent, mist in providing information regarding the intent of the Contract Documents.

b. Assist Engineer in serving as Owner’s liaison with Contractor when Contractor’s operations affect Owner’s on-Site operations.

--. -e--

Prige 1 of 1 Pages (Extiibft D -- Duties, Responslbillller and limllations of Authority of Rcsitlent Project Reprcsciitative)

WCDC &S10 Standard Form of Agreement Behvccn Owner and ICnglneer for Professioiial Servlecs, Wiiidliirr Agciicy Atlition -- - -*.-..-_I Copyrigtit 8 2002 National Society of Professional Engineers rot- PJCDC. AH rigiitr rcservei-

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6.

7.

8.

9.

10.

c. Assist in obtaining fioni Owner tici(IitionH1 cictails or inforination, wlicn rcyuirctl for proper cxcciithi of' tho Work.

Interprctutiort of C'ontrwcf I)ncunients: Ibport to 1Bginccr whcii clarifications and intwpretatiotis of thc Contract l~ocuincnts arc needed and transmit to Contractor clwificntions and interprctations as issiicd by Enginecr.

a. Record date of receipt of Samples and approved Shop Drawings.

b. Receive Samplos which arc finiished at the Site by Contractor, and notify Enginecr of availability of Sainples for exatnination.

c. Advise Engineer and Contractor of the coininencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the subinittul has not been approved by Engineer.

Mod@callons: Consider and evaluate Contractor's suggestions for inodificatio~is in Drawings or Specifications and report such suggestions, together with RPR's recommendations, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer.

Review of Work and Rejection OfDefecClive Work

a. Conduct on-Site observations of Contractor's work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents.

b. Report to Engineer whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval,

Inspections, Tests, and @stetti Startips:

a.

b.

C.

d.

Consult with Engineer in advance of scheduled major inspections, tests, and systems startups of important phases of the Work.

Veri@ that tests, equipment, and systems start-ups and operating and'maintenance training are conducted in the presence of appropriate Owner's personnel, and that Contractor maintains adequate records thereof.

Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups.

Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Engineer.

Recoreds:

a. Maintain at the Site orderly filcs for correspondence, reports of job conferences, reproductions of original Contract Documents including dl Change Orders, Field Orders, Work Ch~nge Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, Engineer's clarifications and

-IcI --- Pnge 2 of 2 Pnges

(Exliiblt D - Duties, Responsibilllles Rill1 LimilRtions of Aulhorlly of Resldent Project RepresentRtive) EJCDC Ed10 StrndRrcl Form of Agreemcnl Behveen Owner niid Engineer for Profcssionrl Services, Funding Agency Etlftloii

Copyright 8 2002 N~lloiinl Sociely of Professiori8l Engineers for ICJCDC:, All rl&lits reserved, .-- e---- ---u I----.------ -

i I

intcipr&ttions of thc Contract I)ocusicnts, progrcss rceports, Sliop Drawing and Satnplc sirbniiltals rcccivcd fro111 AMI dclivcrcd to Contractor, and othcr Project-rclatcd documcnts. ,

J

b. IWpaw a daily rcpet or keep n diary or log book, recording Contractor’s hours on thc Sitc, wcatlier con~litio~u, data rclativc lo qiicstions of Chmgc: Orders, Field Ordcrs, Work Cliangc Dircctivcs, or cliangcd conditions, Sitc visitors, daily activitics, decisions, obscrvdioiis in gencral, and specific obscrvations in tnorc dctail as in thc case of observing test procetlurcs; and send copies to Ibgincor.

Rccord naincs, addrcsses, fax numbcrs, sniail addresses, web site locations, ahd teleplionc nuinbers of all Contractors, subcontractors, and major suppliers of ninteriala and equipmait.

. . c.

(1. Maintain records for use in prcparing Project documentation.

e. Upon completion of the Work, hrnish original set of all RPR Project documentation to Enginecr.

1 1. Repow

a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor’s compliance with the progress schedule and schcdule of Shop Drawing and Sample submittals.

b, Draft and recommend to Engineer proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material fiom Contractor.

c. Furnish to Engineer and Owner copies of all inspection, test, and system start-up reports.

d. Immediately noti@ Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, damage to property by fire or other causes, or the discovery of any Constituent of Concern.

12, Pqlwient Reqirests: Review Applications for Payment with Contractor for compliance with the established prdcedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work,

13. Cetfflcates, Operalion and Maintenance Manuals: During the course of the Work, veri@ that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually Installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work.

14. Contplelion: *

a. Participate in a Substantial Completion (pre-final) inspection, and assist in the determination of Substantial Completion and the preparation of lists of items to be completed or corrected.

b, Observe Contractor-arranged inspections required by Laws and Regulations applicable to the Work, including but not limited to those performed by public agencies having jurisdiction over the Work,

c. Participate in a final inspection in the company of Engineer, Owner, and Contractor and prepare a final list of items to be completed and deficiencies to be remedied.

d. Observe whether all items on the final list have been completed or correctcd and make recommendations to Engineer concerning acceptance and issunncc of thc Notice of Acceptabilily of the Work.

--I-. Page 3 of3 Pages

(Exlilbit D- Dilllee, Responslblllties and Llmitrtlons ofAu1Lorily of Rcsltlent Projcct Rcpresenlrtlvc) FJCDC Fp510 Standnrd Form of Agreemest llehveen Owncr nnd Engineer for Professional Servleer, Punding Agcnry Edlllon

Copyriglit CJ 2002 Nrllonrl Sociely of Professionrl Engliiccrs for PJCI)(:. All rights reservctl. -- ---- --.-.--I__----- -11_---_1_----

I). ltcsitlcut I’rojcct I~cprcscntwtivc: sliall not:

1.

2.

3.

4.

5.

6.

7.

8.

Autlmrize my iloviatioii fiom thc (bitract Ilociiinaits or siibstitution of materials or cquipnieiit (including “or-equd” itcms),

Hxcccd limitations of I!nginccr’s aiithorily as set forth in fhc Agrcc~tic~it or tlic Contract Ihcuinents,

Uiitlcrtakc any of tho rcsporisibilitics of Contractor, subcontractors, suppliers, or Contractor’s superintcndcnt.

Advise on, issuc directions rclativc to, or assuinc control ovcr any aspect of the mcaiis, methods, tcchniqucs, scquenccs or proccdurcs of Coirtractor’s work unless such advice or directions arc specifically rcquircd by f lie Contract Docunients.

Advise on, issue directions regarding, or assume control over safely practices, precautions, and programs in connection with the activities or operations of Owner or Contractor.

Participate in specialized field or laboratory tests or iiispections conducted off-site by others except as specificdly authorized by Engineer.

Accept Shop Drawing or Sample subinittals fiom anyone otlcr than Contractor.

Authorize Owner to occupy the Project in whole or in part.

t i

- - Pflge 4 of I Prges

(Kxliililt D - Diilies, Responsibllitles ~ i i t l l,lnilt~~llons of Aiitliority of Resident Project Representative) IUCDC E-510 Stflnilnrd IJoornt of Agreenieiit Rehveeii Owner mid Engineer fni’ I’rofesslonrl Yervlces, Vunding Agency K(lllioa

Copyright 0 2002 NntIonnI Society oWrofessioiinl Eiigiriccrs for YCDG Ail rights reservecl. .-.-----*--. --̂ _I__--- ---- ------

SIJMiBS'I'LZD l+'Ol{MAI' (for iisc with 13-5 10,2002 13ditioti)

OWNER'S CONSTRUCI'ION CONI'RACT IDENTIFICATION:

EFI~ECTIVE DATE OF THE CONSTRUCTION AGREEMENT

CONSTRUCTION CONTRACT DATE:

ENGINEER

I_

To: OWNER

And To: AGENDY

Aacl To: CONTRACTOR

The Engineer hereby gives notice to the above Owner, Agency, and Contractor that the completed Work furnished and performed by Contractor under the above Contract is acceptable, expressly siibject to the provisions of the related Contract Documents, the Agreement between Owiier and Engineer for Professional Services dated , and the ferms and conditions ,

set forth on the reverse side of this Notice.

By:

- Title:

Dated:

\ - ----- Pnge 1 of 1 Pnges

(Exliibit E - Nolice of Acccnlnbilitv of WorW WCDC &SI0 StRndnrcl Forni of Agreeinent Behveeii Owtier niid E'ngiiiec; for Profbssiorini Services, Wtiitllng Agciicy Etlilioii

Copyright Q3 2002 Nnllonnl Sociely of Professlonrl JQtglneers for JLJCDC. All rights resetvetl. cI_ --._- --.-- -I--- .-

,

(ltcvcrsc sidc of Notice)

,CONDITIONS 01‘ NoTlCE 01” ACCEn’ABII,ITY OF WORK i

The Notice of Acceptability of Work (“Notice”) on the front side of this sheet is expressly made subjccl to the following tcms .and conditions to wliicli all pcrsons who receive said Notice and rely thereon agree:

1.

2. 3.

4.

lliis Notice is given with the skill and caw ordiiinrily used by ineinbers of the engineering profession practicing under similar conditions at the same time and in the saint3 locality.

This Notice reflects and is an expression of the professional judginent of Engineer’. This Notice is given as to the best of Engineer’s knowledge, information, and belief as of the date hereof. This Notice is based entirely on and expressly limited by the scope of services Enginecr has been employed by Owner to perform or fbrnish during construction of the Project (including observation of the Contractor’s work) under Engineer’s Agreement with Owner and under the Construction Contract referred to on the front side of this Notice, and applies only to facts that are within Engineer’s knowledge or could reasonably have been ascertained by Engineer as a result of carrying out the responsibilities specifically assigned to Engineer under such Agrecnient and Construction Conhact. This Notice is not a guarantee or warranty of Contractor’s performance under the Construction Contract referred to on the fkont side of this Notice, nor an assuinption of responsibility for any failure of Contractor to furnish and perform the Work thereunder in accordance with the Contract Documents.

5.

n

- Page 2 of2 Pager

(Exhibit 5 -Notlee ofhcceptrbllity of Work) EJCDC E410 Stmdnrd Form of Agreement Belween Owner nnd Englneer ror Professional Services, Piindlng Agency Ecllflon

Copyright 0 2002 Nhtlonal --- Society oTProbslonal Engineers - for EJCDC. All riglils rcscrvcd, _I -.---- c

J

11-0508-W-CN Clinton Water Association, Inc.

Large Maps Forwarded to Engineering


CHARLESTON

Entered by the Public Service Commission of West Virginia, in the City of Charleston on the 1 2th day of April 20 1 1.

CASE NO. 11-0508-W-CN

CLINTON WATER ASSOCIATION, INC. a private utility, Morgantown, Monongalia County,


COMMISSION ORDER

On April 12,201 1, the Clinton Water Association, Inc, (Clinton) filed an application, duly verified, for a Certificate to construct certain additions and improvements to the Clinton distribution system in Monongalia County.

Pursuant to 824-2- 1 1, W. Va. Code, IT IS ORDERED that the Clinton Water Association, Inc. give notice of the filing of said application, by publishing a copy of the attached Notice of Filing once in a qualified newspaper as provided in W. Va. Code 859-3-1 et seq., published and of general circulation in counties where service is provided, making due return to this Commission of proper certification of publication within thirty (30) days from the date of publication.

IT IS FURTHER ORDERED that within thirty (30) days of the date of this Order, Clinton Water Association, Inc. shall have completed the mailing of separate notices to each of its customers by one or a combination of the following methods: (i) inclusion of the Form No. 14 Notice of Filing as a bill insert; (ii) separately mailing the Form No. 14 Notice of Filing; or (iii) only for utilities that bill by postcard instead of in an envelope, and who elect not to separately mail the Form No. 14 Notice of Filing, inclusion of a statement on a postcard billing as follows: “This utility is seeking a rate increase. Details available in newspaper publications or at the utility office after April 12, 201 1 by calling 304-292-3088,” and the utility shall have made due return to this Commission of its affidavit as proper certification that the notice was provided.

Public Service Commission of West Virginia

Charleston

IT IS FURTHER ORDERED that within thirty (30) days of the date of this Order, Clinton separately mail the Form No. 14 Notice of Filing to each of its resale customer, via certified mail, return receipt requested, and shall have made due return to this Commission of its affidavit of proper certification that the notice was provided.

IT IS FURTHER ORDERED that in the absence of substantial protest received within the stated thirty (30) day period, the Commission may waive formal hearing and grant the application based on the evidence submitted with the application and the Commission’s review thereof.

SSljn


Charleston 2


CHARLESTON

Entered by the Public Service Commission of West Virginia, in the City of Charleston on the 12* day of April 201 1.

CASE NO. 11-0508-W-CN

CLINTON WATER ASSOCIATION, INC. a private utility, Morgantown, Monongalia County,


NOTICE OF FILING

On April 12,201 1, the Clinton Water Association, Inc. (Clinton) filed an application, duly verified, for a Certificate to construct certain additions and improvements to the Clinton system in Monongalia County.

It is anticipated that Clinton will (i) install approximately 1 1,000 feet of water line along the Kingwood Pike, Aarons Creek Road and Summers School road, (ii) replace the water storage tank located on Summers School Road near the intersection with Aarons Creek Road, (iii) replace the water storage tank on Summers School Road near the intersection with Breakiron Road and (iv) replace the Kennedy Booster Station located on the Kingwook Pike near the Federal Correction Facility.

Additional or reduced pipe construction may be required based upon the final requirements and right-of way negotiations.

The application is on file with and available for public inspection at the Public Service Commission, 20 1 Brooks Street, in Charleston, West Virginia.

Clinton estimates that construction will cost approximately $2,295,000.00. It is proposed that the construction will be financed as follows: West Virginia Rural Development Authority in the amount of $2,295,000.00.

The utility anticipates charging the following increased water rates for its customers:

First 5,000 gallons used per month $ 6.35 per 1,000 gallons Next 5,000 gallons used per month $ 5.65 per 1,000 gallons Next 10,000 gallons used per month $ 5.34 per 1,000 gallons Next 10,000 gallons used per month $ 4.87 per 1,000 gallons


Charleston

Next 970,000 gallons used per month $ 4.25 per 1,000 gallons Next 500,000 gallons used per month $ 3.14 per 1,000 gallons All Over 1.5 million gallons used per month $ 2.50 per 1,000 gallons

MINIMUM MONTHLY BILL for:

5/8 inch meter . 3/4 inch meter

1 inchmeter 1/2 inch meter

2 inch meter 3 inchmeter 4 inch meter

$ 19.05 per month $28.58 per month $47.63 per month $95.25 per month

$ 152.40 per month $285.75 per month $476.25 per month

DELAYED PAYMENT PENALTY

The above tariff is net. On all accounts not paid in full within twenty (20) days of the latest pay date, ten percent (10%) will be added to the net current amount unpaid. This delayed payment penalty is not interest and is to be collected only once for each bill where it is appropriate.

CONNECTION CHARGE (if applicable)

Prior to construction - N/A After construction passes the premises to be served, charge for connection to system - $350.00.

These rates represent the following project-related increases to become effective upon substantial completion of the project unless otherwise ordered:

($)INCREASE (%)INCREASE Residential $0.63 per 1,000 gallon 11% Commercial $0.42 per 1,000 gallon 11% Industrial $0.42 per 1,000 gallon 11% Resale $0.42 per 1,000 gallon 11% Other $0.63 per 1,000 gallon 11%

Resale customers of Clinton include Preston County Public Service District No, 2.

The proposed increased rates and charges related to the project will produce approximately $ 1227795.00 annually in additional revenue, an increase of 1 1 %. The total increase granted will not exceed this estimate unless further notice is provided.


Charleston 4

The increases shown are based on averages of all customers in the indicated class. Individual customers may receive increases that are greater or less than average. Furthermore, the requested rates and charges among the various classes of customers are only a proposal and are subject to change (increases or decreases) by the Public Service Commission in its review of this filing.

Anyone desiring to protest or intervene should file a written protest or request to intervene within thirty (30) days following the date of this publication unless otherwise modified by Commission order. Failure to timely protest or request to intervene can affect your right to protest aspects of this certificate case, including any associated rate increases, or to participate in future proceedings. All protests or requests to intervene should briefly state the reason for the protest or request to intervene, Requests to intervene must comply with the rules on intervention set forth in the Commission’s Rules of Practice and Procedure. All protests and requests to intervene should be addressed to Sandra Squire, Executive Secretary, P. 0. Box 812, Charleston, West Virginia 25323.

In the absence of substantial protest received within thirty (30) days of this publication, the Commission may waive formal hearing and grant the application based on the Commission’s review of the evidence submitted with the application.


Charleston 5