Phase 2 Amendment - Amazon Web Services€¦ · 2. Full Notice to Proceed for Phase Two Work. The Parties agree that the Owner will issue a full Notice to Proceed for the entire Work

Submitted to: City of Wichita, Kansas

Phase 2 Amendment

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PHASE TWO AMENDMENT TO THE AGREEMENTBETWEEN OWNER AND DESIGN-BUILDER FOR PROGRESSIVE DESIGN BUILD ON THE BASIS OF A STIPULATED

PRICE

THIS PHASE TWO AMENDMENT modifies the Agreement Between Owner and Design-Builder for Progressive Design-Build of the City of Wichita’s Northwest Water Treatment Facility (NWWTF) Dated February 12, 2019 made by and between Wichita Water Partners Joint Venture (hereinafter called Design-Builder), and The City of Wichita Kansas (hereinafter called Owner), for the following Project: City of Wichita Northwest Water Treatment Facility (NWWTF). For good and valuable consideration, the sufficiency of which is acknowledged, the Parties agree to make the following changes to their Agreement incorporating Design-Builder’s Phase Two Services and setting forth the Parties obligations, therefore.

Authorized Representatives: Owner and Design-Builder each hereby designates a specific individual authorized to act as representative with respect to the performance of responsibilities under this Contract. Such an individual shall have authority to transmit instructions, receive formal notices, receive information, and render decisions relative to this Contract on behalf of the respective party that the individual represents.

1. Owner’s Authorized Representative: Bill Perkins, ph:316-268-4671, cell: 316-670-0087, [email protected]

2. Design-Builder’s Authorized Representative: David Kinchen, ph: 972-455-3114, cell: 678-575-4411, [email protected]

ARTICLE 1 – THE WORK

Add the following to the end of paragraph 1.01: General Description:

Design-Builder shall complete all Phase Two Work as specified or indicated in the Contract Documents. Provide design, labor, materials, equipment, start-up, testing, correction, commissioning and training for the delivery of the City of Wichita’s Northwest Water Treatment Facility and related pipelines and assets, commonly referred to as the NWWTF, in conformance with the Design-Builder’s Phase Two Proposal dated, October 28, 2019 and the Contract Documents.

The Work is subject to The General Conditions (EJCDC D-700 as modified by the Parties) dated November 21, 2019 (Exhibit D) attached hereto. The attached General Conditions have been negotiated and revised by the Parties and supersede all previous versions.

ARTICLE 2 – CONTRACT TIMES

Contract Times: Phase Two: Section 2.03 is replaced in its entirety with the following:

2.03.A Date(s) of Commencement for Phase Two Work.

1. Limited Notice to Proceed for Phase Two Work. The Parties agree that the Owner will issue a Limited Notice to Proceed for early work activities prior to closure of the City’s Water Infrastructure Finance Innovation Act (WIFIA) and Kansas State Revolving Loan

mailto:[email protected]

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Fund (KSRLF) loans. Early work activities include; advancement of detailed design, early permitting activities, site clearing, site preparation, earthwork, and commencement foundation installation for select structures as identified in the Limited Notice to Proceed. The Parties further agree that a Limited Notice to Proceed shall be issued not later than January 9, 2020 unless the Parties mutually agree otherwise in writing.

2. Full Notice to Proceed for Phase Two Work. The Parties agree that the Owner will issue a full Notice to Proceed for the entire Work not later than November 1, 2020 unless the Parties mutually agree otherwise in writing.

2.03.B Design-Builder will substantially complete the entire Work by September 17, 2024 (Substantial Completion).

2.03.C Design-Builder will have the Work completed and ready for final payment, in accordance with Paragraph 14.06 of the General Conditions, by January 20, 2025.

2.03.D All of the dates set forth in this Article 2 “CONTRACT TIMES” shall be subject to adjustment in accordance with the General Conditions of Contract.

Contract Times: Phase Two: Add the following to subparagraphs of Section 2.04:

2.04.A.3 Add the following the end of 2.04.A.3; Such mutually agreed to amount(s) shall be in accordance with the following schedule of Liquidated Damage amounts calculated on a calendar day basis:

Calendar Days beyond Substantial Completion Date

Liquidated Damages assessed per Calendar Day

Period Cap Cumulative Liquidated Damages

1-90 $5,000 / Day $450,000.00 $450,000.00

91-180 $7,500 / Day $675,000.00 $1,125,000.00

181-270 $10,000 / Day $900,000.00 $2,025,000.00

271-365 $31,316 / Day $2,975,020.00 $5,000,020.00

2.04.A.4 Add the following the end of 2.04.A.4; Such Mutually agreed to amount shall be Zero Dollars ($0.00) per calendar day.

2.04.A.6 Add the following sub-paragraph; 2.04.A.6 The Parties agree that the maximum amount the Owner may assess for liquidated damages is Five Million Dollars ($5,000,000)

2.04.A.7 Add the following sub-paragraph; 2.04.A.7 Liquidated Damages are the Owner’s sole and exclusive remedy for delay damages, however, this limitation shall not restrict Owner’s rights and remedies pursuant to Paragraph 15.02.B in the event of a termination of Design-Builder for cause under Paragraph 15.02.A.1.

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ARTICLE 3 – CONTRACT PRICE

Subparagraph 3.03.B is replaced in its entirety with the following:

3.03.B As an integral part of the Phase One Work and establishing its proposed Phase Two Contract Price, Design-Builder shall use reasonable efforts to identify categories of Work to be subcontracted that can be procured competitively. Design-Builder shall solicit competitive quotes for such portions of the Phase Two Work.

Subparagraph 3.03.D is replaced in its entirety with the following:

3.03.D The proposed Phase Two Price submitted by Design-Builder to Owner constitutes an offer that is binding on the Design-Builder for 90 days.

Add the following subparagraph after subparagraph 3.03.F:

ARTICLE 4 – PAYMENT PROCEDURES

4.03 Add the following subparagraph 4.03; All amounts not paid when due shall bear interest, as provided for in K.S.A. 75-6403.

ARTICLE 5 – PHASE TWO INSURANCE AND BONDS

5.02.A Performance and Payment Bonds add the following to the end of 5.02.A Performance and Statutory Payment Bonds shall be provided no more than 15 days following the Limited Notice to Proceed for Phase Two Work in an amount equal to the Stipulated Price for early Work activities under the Limited Notice to Proceed. Within 15 days of Design-Builder’s receipt of the Full Notice to Proceed, Design-Builder shall increase the performance and statutory payment bond amounts to the total Stipulated Price for the Project.

ARTICLE 8 - CONTRACT DOCUMENTS

8.01 Contents - The Contract Documents are as Listed in the Agreement with the Following Modifications:

The General Conditions attached hereto as Exhibit D and dated November 22, 2019 have been negotiated and revised by the Parties and supersede the General Conditions attached to the Agreement dated February 12, 2019.

The General Conditions attached hereto incorporate and include any and all Supplementary General Conditions and supersede the Supplementary General Conditions attached to the Agreement dated February 12, 2019.

8.01 Contents: Item 8, Design-Builder’s Proposal, supplemented with the Design-Builder’s Phase Two Proposal, consisting of the following:

1. Exhibit E Design-Builder’s Phase Two Proposal including:

a. Exhibit E-1 Basis of Design Report. (To be issued under separate cover)

b. Exhibit E-2 Preliminary Design Drawings. (To be issued under separate cover)

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c. Exhibit E-3 Work Description.

d. Exhibit E-4 Allowances.

e. Exhibit E-5 Owner and Design-Builder Permit Responsibility List.

f. Exhibit E-6 Owners Site Representative Responsibilities and Limits of Authority.

g. Exhibit E-7 Requirements for Performance Testing and Acceptance.

h. Exhibit E-8 Performance and Payment Bonds

i. Exhibit E-9 KDHE SRF Contract Provisions

j. Exhibit E-10 Contract Provisions for WIFIA Funded Projects (Federal Compliance)

In the event of conflict among the Contract Documents the order of precedence shall be: This Phase Two Amendment, the Agreement, the General Conditions, the Design-Builder’s Proposal, then the remaining Contract Documents in the order in which they are listed in the Agreement.

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Exhibit B-7: PHASE TWO PRICE – STIPULATED PRICE

ARTICLE 1 – Stipulated Price

1.01.A Replace the Phase Two Stipulated Price Table with the following:

Category Compensation Method Amount Design Completion Stipulated Price $ 41,160,005.00 Early Work Activities under the Limited Notice to Proceed

Stipulated Price $ 15,000,000.00

Construction Stipulated Price $437,434,500.00 Training Services Stipulated Price $ 250,000.00 Commissioning Stipulated Price $ 410,495.00 Total: Phase Two Price Stipulated Price $494,255,000.00

ARTICLE – 2 COMPETETITIVE BIDDING OF SPECIFIED SUBCONTRACTED WORK

2.01 Change paragraph 2.01 to read as follows; Design-Builder’s stipulated prices include costs for identified categories of construction which were procured by soliciting competitive proposals during Phase One. The cost for such competitively procured portions of the Phase Two Work is included in the stipulated prices identified in Exhibit B-7 and will not be separately compensated.

2.02 Add the following paragraph 2.02; 2.02 All Allowance Items identified in Design-Builder’s Proposal are included in the total Stipulated Price amount.

A. The Contract Price includes all allowances so named in the Contract Documents. Design-Builder shall cause the Work so covered by an allowance to be performed for such sums as may be acceptable to Owner. Design-Builder agrees that:

1. The allowances include the cost to Design-Builder (less any applicable trade discounts)

of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and

2. Except as set forth in the Contract Documents, Design-Builder's costs for unloading and

handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid.

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B. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Design/Builder on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted.

EJCDC® D-700, Standard General Conditions of the Contract Between Owner and Design-Builder. Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies,

and American Society of Civil Engineers. All rights reserved.

This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations.

EXHIBIT D STANDARD GENERAL CONDITIONS OF THE

CONTRACT BETWEEN OWNER AND DESIGN-BUILDER AS MODIFIED BY THE PARTIES 11-22-19

These General Conditions have been prepared for use with one of the three Agreements between Owner and Design-Builder (EJCDC® D-512, D-520, and D-525, 2016 Editions). Their provisions are interrelated and a change in one may necessitate a change in the others. The comments and instructions contained in the Guide to Use of EJCDC Design-Build Documents (EJCDC® D-001, 2016 Edition) are also carefully interrelated with the wording of these General Conditions.


and American Society of Civil Engineers. All rights reserved.

Copyright © 2016:

National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882

www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347-7474

www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723

www.asce.org

The copyright for this document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above.

http://www.nspe.org/

http://www.acec.org/

http://www.asce.org/

http://www.ejcdc.org/


and American Society of Civil Engineers. All rights reserved. Page i

STANDARD GENERAL CONDITIONS OF THE CONTRACT BETWEEN OWNER AND DESIGN-BUILDER

TABLE OF CONTENTS

Page ARTICLE 1 – DEFINITIONS AND TERMINOLOGY ............................................................................................ 1

1.01 Defined Terms ........................................................................................................................ 1

1.02 Terminology ........................................................................................................................... 7

ARTICLE 2 – PRELIMINARY MATTERS ............................................................................................................ 8

2.01 Delivery of Bonds and Evidence of Insurance ........................................................................ 8

2.02 Copies of Documents ............................................................................................................. 8

2.03 Conceptual Documents .......................................................................................................... 8

2.04 Before Starting the Work ....................................................................................................... 9

2.05 Authorized Representatives ................................................................................................... 9

2.06 Initial Conference ................................................................................................................... 9

2.07 Review of Schedules .............................................................................................................. 9

2.08 Electronic Transmittals ........................................................................................................ 10

ARTICLE 3 – DOCUMENTS: INTENT, AMENDING, REUSE ........................................................................... 10

3.01 Contract Documents ............................................................................................................ 10

3.02 Reference Standards ............................................................................................................ 11

3.03 Resolving Discrepancies ....................................................................................................... 11

3.04 Ownership and Reuse of Documents ................................................................................... 11

ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK ................................................................ 12

4.01 Commencement of Contract Times ..................................................................................... 12

4.02 Starting the Work ................................................................................................................. 12

4.03 Progress Schedule ................................................................................................................ 12

4.04 Delays in Design-Builder’s Progress ..................................................................................... 12

ARTICLE 5 – SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS ........................................................................................................................ 14

5.01 Availability of Lands ............................................................................................................. 14

5.02 Use of Site and Other Areas ................................................................................................. 14

5.03 Reference Points .................................................................................................................. 15

5.04 Differing Site Conditions ...................................................................................................... 15

5.05 Underground Facilities ......................................................................................................... 16


and American Society of Civil Engineers. All rights reserved. Page ii

5.06 Hazardous Environmental Conditions at Site ...................................................................... 18

ARTICLE 6 – BONDS AND INSURANCE ......................................................................................................... 19

6.01 Performance, Payment, and Other Bonds ........................................................................... 19

6.02 Insurance—General Provisions ............................................................................................ 20

6.03 Design-Builder’s Insurance ................................................................................................... 21

6.04 Owner’s Liability Insurance .................................................................................................. 26

6.05 Property Insurance ............................................................................................................... 26

6.06 Waiver of Subrogation ......................................................................................................... 28

6.07 Receipt and Application of Property Insurance Proceeds ................................................... 28

ARTICLE 7 – DESIGN-BUILDER’S RESPONSIBILITIES ..................................................................................... 29

7.01 Design Professional Services ................................................................................................ 29

7.02 Construction ......................................................................................................................... 29

7.03 Supervision and Superintendence of Construction ............................................................. 29

7.04 Labor; Working Hours .......................................................................................................... 29

7.05 Services, Materials, and Equipment .................................................................................... 30

7.06 “Or Equals” and Substitutions.............................................................................................. 30

7.07 Concerning Project Design Professionals, Construction Subcontractors, Suppliers, and Others .................................................................................................................................. 31

7.08 Patent Fees and Royalties .................................................................................................... 32

7.09 Permits and Utility Charges.................................................................................................. 33

7.10 Taxes .................................................................................................................................... 33

7.11 Laws and Regulations ........................................................................................................... 33

7.12 Record Documents ............................................................................................................... 34

7.13 Safety and Protection .......................................................................................................... 34

7.14 Safety Representative .......................................................................................................... 35

7.15 Hazard Communication Programs ....................................................................................... 35

7.16 Emergencies ......................................................................................................................... 35

7.17 Post-Construction Phase ...................................................................................................... 35

7.18 Design-Builder’s General Warranty and Guarantee ............................................................ 36

7.19 Indemnification .................................................................................................................... 36

ARTICLE 8 – SUBMITTALS ............................................................................................................................ 37

8.01 Design-Builder’s Preparation of Submittals ......................................................................... 37

8.02 Owner’s Review of Submittals ............................................................................................. 38


and American Society of Civil Engineers. All rights reserved. Page iii

ARTICLE 9 – OTHER CONSTRUCTION .......................................................................................................... 39

9.01 Other Work .......................................................................................................................... 39

9.02 Coordination ........................................................................................................................ 40

9.03 Legal Relationships ............................................................................................................... 40

ARTICLE 10 – OWNER’S RESPONSIBILITIES ................................................................................................. 42

10.01 General ................................................................................................................................. 42

10.02 Insurance .............................................................................................................................. 43

10.03 Limitations on Owner’s Responsibilities .............................................................................. 43

10.04 Undisclosed Hazardous Environmental Condition ............................................................... 43

10.05 Owner’s Site Representative ................................................................................................ 44

10.06 Not used ............................................................................................................................... 44

10.07 Safety Programs ................................................................................................................... 44

ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ................................... 44

11.01 Amending and Supplementing Contract Documents .......................................................... 44

11.02 Authorized Changes in the Work ......................................................................................... 45

11.03 Unauthorized Changes in the Work ..................................................................................... 45

11.04 Changes Involving the Design .............................................................................................. 45

11.05 Change of Contract Price ..................................................................................................... 45

11.06 Change of Contract Times .................................................................................................... 47

11.07 Execution of Change Orders ................................................................................................ 47

11.08 Notice to Sureties ................................................................................................................. 47

ARTICLE 12 – COST OF THE WORK ADJUSTMENTS; UNIT PRICE WORK...................................................... 48

12.01 Cost of the Work .................................................................................................................. 48

12.02 Unit Price Work .................................................................................................................... 50

ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION ................................................................................................................... 51

13.01 Access to Construction ......................................................................................................... 51

13.02 Tests, Inspections, and Approvals ........................................................................................ 51

13.03 Uncovering Construction ..................................................................................................... 52

13.04 Defective Construction ........................................................................................................ 53

13.05 Owner May Correct Defective Construction ........................................................................ 53

13.06 Costs ..................................................................................................................................... 53

13.07 Owner’s Acceptance of Defective Construction .................................................................. 54


and American Society of Civil Engineers. All rights reserved. Page iv

13.08 Owner May Stop Construction ............................................................................................ 54

ARTICLE 14 – PAYMENTS TO DESIGN-BUILDER; COMPLETION ................................................................... 54

14.01 Progress Payments ............................................................................................................... 54

14.02 Design-Builder’s Warranty of Title ....................................................................................... 56

14.03 Substantial Completion ........................................................................................................ 57

14.04 Partial Use or Occupancy ..................................................................................................... 57

14.05 Final Inspection .................................................................................................................... 58

14.06 Final Payment ....................................................................................................................... 58

14.07 Waiver of Claims .................................................................................................................. 59

14.08 Correction Period ................................................................................................................. 59

ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION ........................................................................ 60

15.01 Owner May Suspend Work .................................................................................................. 60

15.02 Owner May Terminate for Cause ......................................................................................... 60

15.03 Owner May Terminate for Convenience ............................................................................. 61

15.04 Design-Builder May Stop Work or Terminate ...................................................................... 62

ARTICLE 16 – DISPUTES ............................................................................................................................... 62

16.01 Methods and Procedures ..................................................................................................... 62

ARTICLE 17 – MISCELLANEOUS ................................................................................................................... 63

17.01 Giving Notice ........................................................................................................................ 63

17.02 Computation of Times ......................................................................................................... 63

17.03 Cumulative Remedies .......................................................................................................... 63

17.04 Limitation of Damages ......................................................................................................... 64

17.05 No Waiver ............................................................................................................................ 64

17.06 Survival of Obligations ......................................................................................................... 64

17.07 Controlling Law .................................................................................................................... 64

17.08 Headings ............................................................................................................................... 64

17.09 Other .................................................................................................................................... 64

17.10 Limitation of Liability. .......................................................................................................... 65


and American Society of Civil Engineers. All rights reserved. Page 1 of 66

STANDARD GENERAL CONDITIONS OF THE CONTRACT BETWEEN OWNER AND DESIGN-BUILDER

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

A. Wherever used in the Contract Documents and printed with initial capital letters, the following terms have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

1. Addenda: Written or graphic instruments issued by Owner prior to the opening of Proposals which clarify, correct, or change the Request for Qualifications, Request for Proposals, or the proposed Contract Documents, including the Conceptual Documents.

2. Agreement: The written instrument, executed by Owner and Design-Builder, that sets forth the Contract Price and Contract Times, identifies the parties, and designates the specific items that are Contract Documents.

3. Application for Payment: The form which is to be used by Design-Builder during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. The Owner must approve all Applications for Payment before payment is made.

4. Authorized Representative: The individual designated by a party to represent it with respect to this Contract, as indicated in the Agreement.

5. Change Order: A document which is signed by Design-Builder and Owner and authorizes an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract Times, or other revision to the Contract, issued on or after the Effective Date of the Contract.

6. Claim: A demand or assertion by Owner or Design-Builder seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A request or proposal for a Change Order is not a Claim.

7. Conceptual Documents: The documents prepared by or for the Owner to describe the Work to be performed, issued to Proposers during the design-builder selection process, and expressly identified in the Agreement.

8. Constituent of Concern: Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other Laws or Regulations regulating, relating



to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material.

9. Construction: The part of the Work that consists generally of making physical improvements at the Site, and is the result of performing or furnishing of labor, the furnishing and incorporating of materials and equipment into the Work (including any correction of defective Construction), and the furnishing of services (other than Design Professional Services) and documents, all as required by the Contract Documents and Construction Drawings and Construction Specifications, as duly modified.

10. Construction Drawings: Documents prepared by or for Design-Builder, and approved by Owner for purposes of allowing Design-Builder to proceed with the Construction or specific portions of the Construction, and consisting of drawings, diagrams, illustrations, schedules, and other data that graphically show the scope, extent, and character of the Construction (or specific portions of the Construction) to be performed by or for Design-Builder. Construction Drawings are not Contract Documents.

11. Construction Specifications: Documents prepared by or for Design-Builder, and approved by Owner for purposes of allowing Design-Builder to proceed with the Construction or a specific portion of the Construction, and consisting of written requirements for materials, equipment, systems, standards, workmanship, and administrative procedures as applied to the Construction (or a specific portion of the Construction). Construction Specifications are not Contract Documents.

12. Construction Subcontract: A written agreement between Design-Builder and a Construction Subcontractor for provision of all or a portion of the Construction, and any delegated Design Professional Services, and any other delegated functions, duties or services of the Work.

13. Construction Subcontractor: An individual or entity (other than a Supplier) having a direct contract with Design-Builder or with any other Construction Subcontractor for the performance of a part of the Construction, and any delegated Design Professional Services, and any other delegated functions, duties or services of the Work.

14. Contract: The entire and integrated written agreement between Owner and Design-Builder concerning the Work.

15. Contract Documents: Those items so designated in the Agreement, and which together comprise the Contract.

16. Contract Price: The money that Owner has agreed to pay Design-Builder for completion of the Work in accordance with the Contract Documents.

17. Contract Times: The numbers of days or the dates stated in the Agreement to (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work.

18. Design-Builder: The individual or entity with which Owner has contracted for performance of the Work, as designated in the Agreement.

19. Design Professional Services: That part of the Work comprised of the furnishing of engineering, surveying, architecture, and other design services, and including but not limited to providing research, analysis, and conclusions regarding engineering and related matters; exercising professional judgment with respect to technical issues; the preparation of plans, reports, calculations, models, schematics, drawings,



specifications, Design Submittals, the Construction Drawings, Construction Specifications, and other instruments of service; other services included in the Contract Documents and required to be performed by or under the responsible charge of licensed design professionals; and the review of shop drawings, observation of construction, response to requests for information or interpretation, analysis of the technical aspects of Change Orders, and other engineering and related professional services provided by or for licensed design professionals during Construction.

20. Design Agreement: A written agreement between Design-Builder and a design firm or entity for provision of Design Professional Services.

21. Design Submittal: A Submittal that pursuant to Laws and Regulations or this Contract must be prepared by or under the supervision of a licensed engineer or other licensed design professional, including drawings, specifications, Construction Drawings, Construction Specifications, and revisions to such documents (but not including Record Documents).

22. Effective Date of the Contract: The date indicated in the Agreement on which the Contract becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver.

23. Engineer: The Project Design Professional identified as Engineer in the Agreement, and engaged by Design-Builder to provide engineering and related professional services under a Design Agreement.

24. Gross Negligence: An act or omission when viewed objectively at the time of its occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others; and which the actor has actual, subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to the rights, safety, or welfare of others.

25. Hazardous Environmental Condition: The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition.

26. Laws and Regulations; Laws or Regulations: Any and all applicable laws, statutes, rules, regulations, ordinances, binding resolutions, codes, decrees, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.

27. Liens: Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property.

28. Milestone: A principal event in the performance of the Work that the Contract requires Design-Builder to achieve by an intermediate completion date or by a time prior to Substantial Completion of Construction.

29. Notice of Award: The written notice by Owner to a Proposer stating that Owner will enter into the design-build contract with the Proposer.



30. Notice to Proceed: A written notice by Owner to Design-Builder fixing the date on which the Contract Times will commence to run and on which Design-Builder shall start to perform the Work.

31. Owner: The individual or entity with which Design-Builder has contracted regarding the Work, and which has agreed to pay Design-Builder for the performance of the Work, pursuant to the terms of the Contract.

32. Owner’s Consultant: An individual or entity with which the Owner has contracted to furnish services (typically including planning, preparation of Conceptual Documents, and advisory services) to Owner with respect to the Project, and which is identified as such in the Agreement.

33. Owner’s Site Representative: A representative of Owner at the Site, as indicated in Paragraph 10.05.

34. Project: The total undertaking to be accomplished for Owner by engineers, consultants, Design-Builder, subcontractors, and others, including planning, study, design, construction, testing, start-up, and commissioning, as well as training of the Owner’s staff, and of which the Work to be performed under the Contract Documents is a part.

35. Project Design Professionals: The Engineer and any other independent entities or individuals, or employees of Design-Builder, engaged by Design-Builder or a Construction Subcontractor to provide Design Professional Services with respect to a portion of the Work.

36. Proposal: The documents submitted by Design-Builder in response to the Request for Proposals, setting forth technical concepts, proposed prices, and other conditions for the Work to be performed, and stating any proposed revisions, modifications, clarifications, exceptions, or supplements to the proposed Contract Documents.

37. Proposal Amendment: A Contract Document that is prepared after submittal of Design-Builder’s Proposal; identifies mutually agreed revisions, modifications, exceptions, supplements, and clarifications to the Proposal or proposed Contract Documents; and is executed by Owner and Design-Builder.

38. Proposer: An entity that submits a Statement of Qualifications or Proposal to Owner.

39. Record Documents: The record copy of all Construction Drawings, Construction Specifications, Addenda, Change Orders, Work Change Directives, and approved Submittals maintained by Design-Builder at the Site, including any annotations to such documents made by Design-Builder during Construction.

40. Record Drawings and Record Specifications: Documents depicting the completed Project, or a specific portion of the completed Project, based on or comprised of the Record Documents delivered to Owner by Design-Builder at the completion of the Construction.

41. Request for Proposals: The document prepared by or for Owner specifying and describing Owner’s objectives, the procedures to be followed in preparing and submitting a Proposal, and the process for evaluating Proposals and awarding a contract.



42. Request for Qualifications: The document prepared by or for Owner requesting that Proposers submit a Statement of Qualifications with respect to their candidacy for selection as Design-Builder.

43. Schedule of Values: A schedule, prepared and maintained by Design-Builder, allocating portions of the Contract Price to various portions of the Work, and used as the basis for reviewing Design-Builder’s Applications for Payment.

44. Site: Lands or areas indicated in the Contract Documents as being furnished by Owner upon which Construction is to be performed, including rights-of-way and easements, and such other lands furnished by Owner which are designated for use of Design-Builder.

45. Statement of Qualifications: The document submitted by a Proposer in response to the Request for Qualifications, including any completed forms, attachments, and exhibits.

46. Submittal: A written or graphic document, prepared by or for Design-Builder, which the Contract Documents require the Design-Builder to submit to the Owner. Submittals may include reports, preliminary drawings and specifications, cost estimates, proposed Construction Drawings and Construction Specifications, progress schedules, cash flow projections, Schedules of Values, shop drawings, product data, samples, delegated designs, certifications, proposed modifications to the Construction Drawings and Construction Specifications, results of tests and evaluations, results of source quality control testing and inspections, results of field or Site quality control testing and evaluations, sustainable design information, information on special procedures, operations and maintenance data, sustainable design closeout information, record documents, records of spare parts and extra stock materials, and other such documents required by the Contract Documents. Submittals, whether approved or accepted by Owner or not, are not Contract Documents. Claims, notices, Change Orders, Applications for Payment, and requests for information/interpretation are not Submittals.

47. Substantial Completion: The time at which the Construction (or a specified part thereof) has progressed to the point where it is sufficiently complete, in accordance with the Contract Documents, so that the Construction (or the specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Construction refer to Substantial Completion thereof.

48. Supplementary Conditions: The part of the Contract Documents which amends or supplements these General Conditions.

49. Supplier: A manufacturer, fabricator, supplier, distributor, or vendor having a direct contract with Design-Builder or with any Construction Subcontractor to furnish materials or equipment to be incorporated in the Work by Design-Builder or a Construction Subcontractor, and any lessor of rental equipment used by Design-Builder or a Construction Subcontractor during Construction at the Site.

50. Technical Data: Data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding (a) subsurface conditions at the Site, (b) physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), or (c)



environmental conditions at the Site, that are set forth in any geotechnical or environmental report prepared for the Project and relied upon by Design-Builder in agreeing to a price (either stipulated, or a Guaranteed Maximum Price) that includes Construction.

51. Underground Facilities: All underground lines, pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems, including but not limited to those that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude products, liquid petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, fire or police signal systems, or traffic or other control systems; and any encasements containing such facilities or systems.

52. Underground Facilities Data: Information and data shown or indicated in the Contract Documents or otherwise provided to Design-Builder by Owner with respect to existing Underground Facilities at or adjacent to the Site.

53. Unit Price Work: Work to be paid for on the basis of unit prices.

54. Work: The entire design and construction or the various separately identifiable parts thereof required to be performed or furnished by Design-Builder under the Contract Documents. Work includes and is the result of performing or furnishing Design Professional Services and Construction required by the Contract Documents and all labor, services, and documentation necessary to produce such Design Professional Services and Construction; furnishing, installing, and incorporating all materials and equipment into such Construction; and related services such as testing, start-up, and commissioning, as well as training services to be provided in Phase Two, all as required by the Contract Documents.

55. Work Change Directive: A written directive to Design-Builder, issued on or after the Effective Date of the Contract, signed by Owner, ordering an addition, deletion or revision in the Work.

56. Facility(ies): Means the site, known as Lot 2 Block 1 and Reserve A of the Northwest Water Treatment Plant Addition to Wichita, Sedgwick County, Kansas, and the assets being constructed on it in connection with the NWWTF Treatment Plant Project, including all improvements constructed on, below, or above said real property for the Project; and in addition any subsequently acquired site.

57. Key Personnel: Has the meaning given to it in the RFP.

58. Phase Two Amendment: The amendment to the Contract memorializing the acceptance of such Phase Two Price and associated Contract Times, as modified by any negotiations, and establishing an adjusted Contract Price based upon such Phase Two Price, as defined in the Agreement.

59. Phase One Price: The Stipulated Price set forth in the Agreement for the completion of the Phase One Work.

60. Phase Two Price: The Stipulated Price set forth to be established during Phase One and set forth in the Phase Two Amendment as further provided for in the Agreement and the Contract Documents.



61. Phase One Work: The portion of the Work to be conducted during Phase One, as further set forth in the Agreement and the Contract Documents.

62. Phase Two Work: The portion of the Work to be conducted during Phase Two, as further set forth in the Agreement and the Contract Documents.

63. Significant Subcontractor: Means any of the Design-Builder’s lead construction contractors (including a contractor that is a member of any design-build joint venture), and Engineer.

64. Stipulated Price: The contract price set forth in the agreement as the total payment for completion of the Work contemplated under the Contract Documents, which may be provided separately for the Phase One Work and Phase Two Work as set forth in the Agreement.

65. Team Member: Any Subcontractor of the Design-Builder, any Significant Subcontractor, or any subcontractor of a Significant Subcontractor.

66. Final Completion: The time at which all Work is complete (subject to surviving obligations) and is ready for final payment.

1.02 Terminology

A. The words and terms discussed in Paragraph 1.02.B are not defined terms that require initial capital letters, but when used in the Contract Documents have the indicated meanings.

B. Intent of Certain Terms or Adjectives:

1. The word “day” shall constitute a calendar day of 24 hours measured from midnight to the next midnight.

2. The word “defective,” when modifying the word “Construction” refers to Construction that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to Owner’s final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion) provided that the defect was not caused by Owner.

3. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

4. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials or equipment or equipment complete and ready for intended use.

5. The words “perform” or “provide” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use.

6. When “furnish,” “install,” “perform,” or “provide” is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Design-Builder, “provide” is implied.



7. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with that meaning.

ARTICLE 2 – PRELIMINARY MATTERS

2.01 Delivery of Bonds and Evidence of Insurance

A. Bonds: When Design-Builder delivers the executed Agreements to Owner, Design-Builder shall also deliver to Owner such Bonds as Design-Builder is required to furnish in accordance with Paragraph 6.01.A.

B. Evidence of Insurance: Before any Work is started, Design-Builder and Owner shall each deliver to the other those certificates of insurance that Design-Builder and Owner respectively are required to purchase and maintain in accordance with Article 6.

2.02 Copies of Documents

A. Owner shall furnish to Design-Builder four printed copies of the Contract (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF). Additional printed copies will be furnished upon request at the cost of reproduction.

B. Owner shall maintain and safeguard at least one original printed record version of the Contract. Owner shall make such original printed record version of the Contract available to Design-Builder for review.

2.03 Conceptual Documents

A. Design-Builder’s Review of Conceptual Documents:

1. Design-Builder acknowledges that the Conceptual Documents furnished by Owner are preliminary and incomplete, and subject to stated limitations and reservations.

2. Design-Builder shall carefully review, analyze, and verify the contents and suitability of the Conceptual Documents before proceeding with the Work (including but not limited to the Design Professional Services).

3. Design-Builder shall promptly report in writing to Owner any conflict, error, ambiguity, or discrepancy that Design-Builder may discover in the Conceptual Documents, whether during such review or at any later point.

4. Upon receipt of a report from Design-Builder that there is a conflict, error, ambiguity, or discrepancy in the Conceptual Documents, Owner shall either provide a written interpretation, clarification, or correction to Design-Builder, or authorize Design-Builder to correct or resolve the issue under a Change Order providing an equitable adjustment in Contract Times or Contract Price, or both.

5. Design-Builder shall not proceed with any Work affected by a reported conflict, error, ambiguity, or discrepancy in the Conceptual Documents until the issue is resolved.

B. Owner shall not be responsible for any deficiency in the Conceptual Documents that Design-Builder does not discover or report to Owner.

C. Subject to the foregoing review and reporting obligations, Design-Builder may use the Conceptual Documents as a partial basis for performing or furnishing Design Professional Services, including the preparation of Design Submittals such as the Construction



Drawings and Construction Specifications, but despite any such use of the Conceptual Documents the Design-Builder nonetheless shall be responsible to Owner for the quality and soundness of the Design Professional Services.

2.04 Before Starting the Work

A. Preliminary Schedules: Within 10 days after commencement of the Contract Times (unless otherwise specified in the Contract Documents), Design-Builder shall submit the following to Owner for Owner’s timely review:

1. A preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents;

a. A baseline schedule organized by agreed work breakdown structure.

b. A progress schedule will be a logic driven schedule with discernible critical path.

2. A preliminary schedule of Submittals (including Design Submittals) which will list each required Submittal and the times for submitting, reviewing, and processing each Submittal;

3. A preliminary Schedule of Values for all of the Work which will include quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work; and

4. A preliminary cash flow projection estimating that portion of the Contract Price to be due during each month of performance.

2.05 Authorized Representatives

A. The Authorized Representative for each party has been designated in the Agreement. A party may change its Authorized Representative at any time by giving notice to the other party of the name, mailing and delivery addresses, e-mail address, and telephone numbers of the new Authorized Representative.

2.06 Initial Conference

A. Within 20 days after the Contract Times start to run, Design-Builder will arrange a conference attended by Owner and Design-Builder and others as appropriate to establish a working understanding among the parties as to the Work and to discuss the design concepts, schedules referred to in Paragraph 2.04.A, procedures for handling Submittals, processing Applications for Payment, maintaining required records, and other matters.

2.07 Review of Schedules

A. Not less than 10 days before submission of the first Application for Payment (unless otherwise provided in the Contract Documents), Design-Builder will arrange a conference attended by Design-Builder, Owner, and others as appropriate to review and discuss the schedules submitted in accordance with Paragraph 2.04.A. Design-Builder shall have an additional 10 days after the conference to make corrections and adjustments and to complete and resubmit the schedules for Owner’s acceptance. No progress payment shall be made to Design-Builder until Design-Builder submits schedules that comply with the following requirements:



1. Design-Builder’s progress schedule shall provide an orderly progression of the Work to completion within any specified Milestones and the Contract Times.

2. Design-Builder’s schedule of Submittals shall provide a workable arrangement for submitting, reviewing, and processing Submittals in accordance with Article 8.

3. Design-Builder’s Schedule of Values shall provide a reasonable allocation of the Contract Price to component parts of the Work.

2.08 Electronic Transmittals

A. Design-Builder shall use an electronic document management system to communicate all project documentation to the Authorized Representative. The electronic document management system will require the Design-Builder to have internet access at the project site and will require all project communications and documents to be available in electronic formats for use in the system. The system will require the Design-Builder to utilize electronic entry forms, accessible through the internet, with the ability to attach electronic documents, including but not necessarily limited to, requests for information, submittals, proposed contract modifications, field orders, work change directives, change orders, pay requests, and punch lists. All document tracking will be through the electronic document management system, including but not limited to requests for information, submittals, proposed contract modification, field orders, Work Change Directives, Change Orders, pay requests, and punch lists. Access to the system will be limited for security purposes and the Design-Builder will be required to comply with all security and system usage requirements.

B. When transmitting items in electronic media or digital format, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the recipient’s use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the items, or from those established in applicable transmittal protocols.

ARTICLE 3 – DOCUMENTS: INTENT, AMENDING, REUSE

3.01 Contract Documents

A. The Contract Documents are complementary; what is called for by one is as binding as if called for by all.

B. It is the intent of the Contract Documents to require the design and construction of a functionally complete Project (or part thereof).

C. Design-Builder shall prepare or furnish Construction Drawings and Construction Specifications that are in accord with the Contract Documents and that describe a functionally complete Project (or part thereof) to be constructed in accordance with such Construction Drawings and Construction Specifications, as duly modified.

D. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral.

E. Design-Builder will furnish or perform all labor, documentation, services (including professional services), training, materials, and equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required



to produce the intended result whether or not specifically called, for at no additional cost to Owner.

3.02 Reference Standards

A. Standards, Specifications, Codes, Laws or Regulations:

1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect on the Effective Date except as may be otherwise specifically stated in the Contract Documents.

2. No provision of any such standard, specification, manual, or code, or instruction of a Supplier, shall be effective to change the duties and responsibilities of Owner, Design-Builder, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall it be effective to assign to Owner or its officers, directors, members, partners, employees, agents, consultants, or subcontractors any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents.

3.03 Resolving Discrepancies

A. If there is a discrepancy between (1) the Conceptual Documents or other Contract Documents issued with the Request for Qualifications or Request for Proposals and (2) the Proposal, the Proposal will control.

B. If there is a discrepancy between (1) the Conceptual Documents, other Contract Documents issued with the Request for Qualifications or Request for Proposals, or the Proposal and (2) the Proposal Amendment, the Proposal Amendment will control.

C. If there is a discrepancy between (1) the Contract Documents and (2) the Construction Drawings and Construction Specifications, the Contract Documents will control unless Design-Builder gave notice of the discrepancy in a Submittal, and Owner approved the Submittal, pursuant to the provisions of Article 8.

3.04 Ownership and Reuse of Documents

A. All documents prepared for or furnished to Owner by Design-Builder pursuant to this Contract (including but not limited to Design Submittals) are instruments of service. With respect to such documents:

1. Design-Builder shall have and retain the ownership, title, and property rights, including copyright, patent, intellectual property, and common law rights, in the documents.

2. During the course of the Project, Design-Builder will provide copies of Design Submittals to Owner for purposes of review and comment. Owner may retain copies of such documents for its records.

3. Provided the Owner is not in default in its obligations to Design-Builder then, regardless of completion status or termination of the Contract, upon receipt of final payment from Owner, the Design-Builder gives the Owner an irrevocable perpetual license to use the drawings, specifications, and other documents prepared by Design-Builder for the Project, its continuing operation, maintenance, expansion or modification. This license



is for the benefit of the Owner and permits the Owner to retain other architects, engineers and design professionals who may use the drawings, specifications and other documents for the Project, its continued operation, maintenance, expansion or modification. Design-Builder shall not be liable for injury or damage resulting from Owners reuse of drawings, specifications and other documents for a different project in which Design-Builder is not also involved. To the extent permitted by law, Owner shall indemnify, hold harmless, and defend Design-Builder, the Project Design Professionals or their subconsultants from all claims losses and expenses caused in whole or in part by any such use, reuse or use of the documents by anyone other than the Design-Builder. Design-Builder shall cooperate in any defense and agrees that Owner shall retain control of that defense, including the decision to settle such claims or actions.

ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK

4.01 Commencement of Contract Times

A. The Contract Times will commence on the date indicated in the Notice to Proceed given for each phase of the Work.

4.02 Starting the Work

A. Design-Builder shall start to perform the Work as of the date indicated in the Notice to Proceed given for each phase of the Work. No Work shall be performed prior to the date identified in the Notice to Proceed from the Owner.

4.03 Progress Schedule

A. Owner may rely on the progress schedule established in accordance with Paragraph 2.04, as duly adjusted, in planning and conducting ongoing operations and other work at the Site.

B. Design-Builder shall adhere to the progress schedule established in accordance with Paragraph 2.04 as it may be adjusted from time to time, as provided below:

1. Design-Builder shall submit to Owner proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Owner shall accept such adjustments provided that Owner, in planning and conducting ongoing operations and other work at the Site, has not reasonably relied on the schedule element that is proposed to be adjusted. If Owner has so relied, then Owner and Design-Builder shall promptly meet and seek a resolution that addresses the objectives of both parties, or adjust the Contract Price.

2. Design-Builder shall submit proposed adjustments in the progress schedule that will change the Contract Times (including Milestones) in accordance with the requirements of Paragraph 11.06. Such adjustments may only be made by a Change Order.

C. Continuing the Work: Design-Builder shall continue the Work and adhere to the progress schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as Design-Builder and Owner may otherwise agree in writing.

4.04 Delays in Design-Builder’s Progress

A. If Owner or anyone for whom Owner is responsible delays, disrupts, or interferes with the performance or progress of the Work, then Design-Builder shall be entitled to an



equitable adjustment in the Contract Times and Contract Price. Design-Builder’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Design-Builder’s ability to complete the Work within the Contract Times.

B. Design-Builder shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference within the control of Design-Builder. Delay, disruption, and interference attributable to and within the control of a Project Design Professional, Construction Subcontractor, or Supplier shall be deemed to be delays within the control of Design-Builder.

C. If Design-Builder’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Design-Builder, and those for which they are responsible (“Force Majeure”), then Design-Builder shall be entitled to an equitable adjustment in Contract Times. Force Majeure events shall not justify any adjustments in Contract Price. Design-Builder’s entitlement to such an adjustment of the Contract Times is conditioned on such adjustment being essential to Design-Builder’s ability to complete the Work within the Contract Times. Such an adjustment shall be Design-Builder’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Times under this paragraph include but are not limited to the following:

1. Severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes;

2. Abnormal weather conditions;

3. Acts or failures to act of utility owners (other than those performing other work at or adjacent to the Site by arrangement with the Owner, as contemplated in Article 9); and

4. Acts of war or terrorism.

D. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are governed by Article 5.

E. Paragraph 9.03 governs delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site.

F. Design-Builder shall not be entitled to an adjustment in Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Design-Builder unless the concurrent delay is a Force Majeure event.

G. If Design-Builder seeks an adjustment in Contract Price or Contract Times under this paragraph, Design-Builder shall submit a request for a Change Order to Owner within 30 days of the commencement of the delaying, disrupting, or interfering event.



ARTICLE 5 – SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS

5.01 Availability of Lands

A. Owner shall furnish the Site. Owner shall notify Design-Builder of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Design-Builder will have to comply in performing the Work.

B. Upon reasonable written request, Owner shall furnish Design-Builder with a current statement of record legal title and legal description of the lands upon which the Construction is to be performed and Owner’s interest therein as necessary for giving notice of or filing a mechanic’s or construction lien against such lands in accordance with applicable Laws or Regulations.

C. Design-Builder shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.

D. The Design-Builder shall be required to obtain the services of a Licensed Kansas Professional Land Surveyor to produce all legal descriptions and maps for all permanent and temporary construction easements necessary to construct the Project in coordination with the Owner’s Property Management Division. The Design-Builder shall provide all legal descriptions and maps to the Owner’s Property Management Division. City of Wichita Property Management will be responsible to attain and purchase required easements within eighteen (18) months of Design Builder’s submission of descriptions and maps to City of Wichita Property Management.

5.02 Use of Site and Other Areas

A. Limitation on Use of Site and Other Areas:

1. Design-Builder shall confine construction equipment, the storage of materials and equipment, and the operations of construction workers to the Site and other areas permitted by Laws or Regulations and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Design-Builder shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work.

2. Should any claim be made by any such owner or occupant because of the performance of Work, Design-Builder shall promptly settle with such other party by negotiation, or otherwise resolve the claim by arbitration or other dispute resolution proceeding, or at law.

3. To the fullest extent permitted by Laws or Regulations, Design-Builder shall indemnify and hold harmless Owner, Owner’s consultants, and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration or other dispute resolution costs) arising out of or resulting from any claim brought by any such owner or occupant against Owner, or any other party indemnified hereunder to the extent caused by upon Design-Builder’s performance of the Construction.



B. Removal of Debris: During the performance of the Construction, Design-Builder shall keep the premises free from accumulations of waste materials, rubbish, and other debris resulting from the Construction. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws or Regulations.

C. Cleaning: Prior to Substantial Completion, Design-Builder shall clean the Site and make it ready for utilization by Owner. At completion of Construction, Design-Builder shall remove all tools, appliances, construction equipment, temporary construction and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents.

D. Loading Structures: Design-Builder shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Design-Builder subject any part of the Construction or adjacent property to stresses or pressures that will endanger it.

5.03 Reference Points

A. Design-Builder shall be responsible for laying out the Work and shall protect and preserve reference points and property monuments established by Owner, and shall make no changes or relocations of such reference points or monuments without the prior written approval of Owner. Design-Builder shall report to Owner whenever any reference point or property monument is lost or destroyed, or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel.

5.04 Differing Site Conditions

A. The Design-Builder shall visit the Site during the Phase One Work and familiarize itself with the conditions under which the Phase Two Work is to be provided. The Design-Builder shall be solely responsible for investigating, performing any and all due diligence, and otherwise considering all conditions and obstacles that may affect the Construction and the Phase Two Work. The Design-Builder shall include all costs to complete the Phase Two Work in the Phase Two Price. No equitable adjustments will be made, nor will any increases to the Contract Price or Contract Time be given, as a result of (i) subsurface or latent physical conditions at the Site (whether discovered during investigation of the Site or during Construction) which differ materially from those indicated in the Contract Documents or in any Technical Data, or (ii) unknown physical conditions at the Site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character called for by the Contract Documents. Design-Builder shall include in its Phase One Price any and all efforts it deems necessary to sufficiently diligence existing site conditions in order to provide a guaranteed maximum price for the Phase Two Work.

B. Inclement weather beyond statistical norms as reported by NOAA for the project geographical area shall not constitute a differing site condition, but will entitle the Design-Builder to an equitable adjustment of the Contract Times as provided for in Paragraph 4.04.C of the General Conditions, which adjustment shall be commensurate to the weather delay’s impact on the Design-Builders critical path schedule.



C. The provisions of this Paragraph 5.04 are not intended to apply to a Hazardous Environmental Condition or Underground Facility uncovered or revealed at the Site, nor is it intended to apply to raw water quality conditions outside of the design conditions described in the Basis of Design Report.

5.05 Underground Facilities

A. Procedure for Identifying Underground Facilities: Promptly after the Effective Date of the Contract, Design-Builder shall review the Underground Facilities Data furnished by Owner and use ASCE 38, “Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data,” as a basis for establishing a procedure (“Underground Facilities Procedure”) for the further identification, investigation, and mapping of Underground Facilities at or adjacent to the Site. The Underground Facilities procedure shall generally include ASCE 38 levels C and D. In addition to Level C and D the procedure will include coordination with owners of known utilities to designate such subsurface utilities or structure using appropriate geophysical methods to obtain approximate horizontal position of utilities or subsurface structures. In addition, the Underground Facilities Procedure will identify locations where exposure and survey of the utility at each specific location where quality level A data are necessary. Design-Builder shall establish and use the Underground Facilities Procedure to aid in the provision of Design Professional Services and the performance of Construction, and to reduce and manage risks associated with Underground Facilities. Such Underground Facilities Procedure shall take into account the Site and the nature of the Project.

1. The Underground Facilities Procedure shall include a plan to keep Underground Facilities information current as Design-Builder proceeds with the provision of Design Professional Services, and to add new or relocated Underground Facilities information to the base utility or Site drawings.

2. To manage the potential impact of design changes on Underground Facilities, Design-Builder shall modify or reapply the Underground Facilities Procedure as the design progresses and changes.

B. Design-Builder’s Responsibilities: Unless otherwise expressly provided in the Contract, Design-Builder shall have full responsibility for the following; and, subject to the provisions of Paragraphs 5.05.C, D, and E, the cost of all of the following will be included in the Contract Price:

1. Establishing and executing the Underground Facilities Procedure referred to in Paragraph 5.05.A, including updating, modification, and reapplication duties;

2. Coordinating the Work with the owners (including Owner) of such Underground Facilities, during the provision of Design Professional Services and Construction;

3. Verifying the actual location of specific Underground Facilities through exposure, as needed for the Design Professional Services;

4. Complying with applicable state and local utility damage prevention Laws and Regulations during Construction; and

5. The safety and protection of all existing Underground Facilities at the Site, and repairing any damage to such Underground Facilities resulting from the Construction, subject to the provisions of Paragraph 5.05.D.



C. Results of Design-Builder’s Execution of Underground Facilities Procedure: If, during the execution of the Underground Facilities Procedure referred to in Paragraph 5.05.A, the Design-Builder identifies an Underground Facility that was not shown or indicated in the Underground Facilities Data, or was not shown or indicated with reasonable accuracy, causing an increase or decrease in the Design-Builder’s cost of, or the time required for, providing Design Professional Services or performing the Construction, then Design-Builder shall submit to Owner a request for a Change Order seeking an equitable adjustment to the Contract Price or Times under this clause. Such request shall be made within 30 days of the identification of the Underground Facility in question.

D. Underground Facility Found During Construction: If Design-Builder believes that an Underground Facility that is uncovered, exposed, or revealed at the Site during Construction was not shown or indicated in the Underground Facilities Data, or was not shown or indicated with reasonable accuracy, and also that such Underground Facility was not identified or mapped with reasonable accuracy despite Design-Builder’s adequate establishment and execution of the Underground Facilities Procedure referred to in Paragraph 5.05.A, then Design-Builder shall promptly give written notice to Owner, and supplement the notice by submitting to Owner a request for a Change Order seeking an equitable adjustment to the Contract Price or Times under this clause. Such request shall be made within 30 days of the uncovering or revealing of the Underground Facility in question.

1. Owner’s Review: Owner will investigate the Underground Facility found during Construction promptly after receiving the notice. If Owner concurs with Design-Builder that the Underground Facility that is uncovered, exposed, or revealed at the Site was not shown or indicated in the Underground Facilities Data, or was not shown or indicated with reasonable accuracy, and further was not identified or mapped with reasonable accuracy despite Design-Builder’s adequate establishment and execution of the Underground Facilities Procedure referred to in Paragraph 5.05.A, causing an increase or decrease in the Design-Builder’s cost of, or the time required for, performing any part of the Work, whether or not changed as a result of the actual location, then an equitable adjustment shall be made under this clause and the Contract Price or Times modified in writing by Change Order in accordance with Article 11. If Owner does not concur with Design-Builder, then Owner shall so indicate in writing, with a specific explanation of the reason for non-concurrence.

2. No request by Design-Builder for an equitable adjustment under Paragraph 5.05.D shall be allowed unless Design-Builder has given the written notice required.

E. Inadequate Establishment or Execution of Underground Facilities Procedure: If Design-Builder does not establish an Underground Facilities Procedure that is (1) adequate for the Site and the nature of the Project and (2) consistent with the guidelines set forth in ASCE 38 as described in 5.05.A, “Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data,” or Design-Builder does not adequately execute a duly established Underground Facilities Procedure, then Design-Builder shall bear all costs associated with the presence of an Underground Facility that was not identified or located with reasonable accuracy, including but not limited to delay, redesign, relocation, and increased Construction costs, if such Underground Facility would have been identified and located with reasonable accuracy by an adequate and properly executed Underground Facilities Procedure that was consistent with ASCE 38 as described above.



5.06 Hazardous Environmental Conditions at Site

A. Reliance by Design-Builder on Technical Data Authorized: Design-Builder may rely on the accuracy of the Technical Data with respect to environmental conditions at the Site.

B. Design-Builder shall not be responsible for removing or remediating any Hazardous Environmental Condition encountered, uncovered, or revealed at the Site unless such removal or remediation is expressly identified in the Contract Documents to be within the scope of the Work.

C. Design-Builder shall be responsible for controlling, containing, and duly removing all Constituents of Concern brought to the Site by Design-Builder, Project Design Professionals, Construction Subcontractors, Suppliers, or anyone else for whom Design-Builder is responsible, and for any associated costs; and for the costs of removing and remediating any Hazardous Environmental Condition created by the presence of any such Constituents of Concern.

D. If Design-Builder encounters, uncovers, or reveals a Hazardous Environmental Condition (whether during Site investigation or during Construction) whose removal or remediation is not expressly identified in the Contract Documents as being within the scope of the Work, or if Design-Builder or anyone for whom Design-Builder is responsible creates a Hazardous Environmental Condition, then Design-Builder shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.16); and (3) notify Owner (and promptly thereafter confirm such notice in writing). Owner shall promptly determine whether to retain a qualified expert to evaluate such condition or take corrective action, if any, and take such actions as are necessary to permit Owner to timely obtain required permits and provide Design-Builder the written notice required by Paragraph 5.06.E. If Design-Builder or anyone for whom Design-Builder is responsible created the Hazardous Environmental Condition in question, then Owner may remove and remediate the Hazardous Environmental Condition, and impose a set-off against payments to account for the associated costs.

E. Design-Builder shall not resume Work in connection with such Hazardous Environmental Condition or in any affected area until after Owner has obtained any required permits related thereto, and delivered written notice to Design-Builder either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed safely.

F. If after receipt of such written notice Design-Builder does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then the portion of the Work that is in the area affected by such condition shall be deleted from the Work, following the contractual change procedures in Article 11. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 9.

G. To the fullest extent permitted by Laws or Regulations, Owner shall indemnify and hold harmless Design-Builder, Project Design Professionals, Construction Subcontractors, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against 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 or arbitration or other dispute resolution costs) arising out of or resulting from such a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not indicated in the Contract Documents or the Technical Data to be within the scope of the Work, (ii) was not discovered by the Design-Builder during the Phase One Work, unless the Design-Builder promptly informed the Owner of the existence of such Hazardous Environmental Condition, and (iii) was not created by any materials brought to the Site by Design-Builder or by anyone for whom Design-Builder is responsible. Nothing in the paragraph 5.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own gross negligence.

H. To the fullest extent permitted by Laws and Regulations, Design-Builder shall indemnify and hold harmless Owner and its officers, directors, members, partners, employees, agents, consultants, and subcontractors from and against 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 or other dispute resolution costs) caused in whole or in part by the Design-Builder’s failure to control, contain, or remove a Constituent of Concern brought to the Site by Design-Builder or by anyone for whom Design-Builder is responsible, or to a Hazardous Environmental Condition created by Design-Builder or by anyone for whom Design-Builder is responsible. Nothing in this Paragraph 5.06.H shall obligate Deign-Builder to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence.

ARTICLE 6 – BONDS AND INSURANCE

6.01 Performance, Payment, and Other Bonds

A. Design-Builder shall furnish a performance bond and a payment bond, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of Design-Builder’s obligations under the Contract. These bonds shall remain in effect until one year after the date when final payment becomes due, or until completion of the correction period specified in Paragraph 14.08, whichever is later, except as provided otherwise by Laws or Regulations, the terms of a prescribed bond form, the Supplementary Conditions, or other specific provisions of the Contract. Design-Builder shall also furnish such other bonds as are required by the Supplementary Conditions or other specific provisions of the Contract.

B. All bonds shall be in the form prescribed by the Contract except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (as amended and supplemented) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond.

C. Design-Builder shall obtain the required bonds from surety companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds in the required amounts.



D. If the surety on a bond furnished by Design-Builder is declared bankrupt or becomes insolvent, or its right to do business is terminated in any state or jurisdiction where any part of the Project is located, or the surety ceases to meet the requirements above, then Design-Builder shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the bond and surety requirements above.

E. If Design-Builder has failed to obtain a required bond, Owner may exclude the Design-Builder from the Site and exercise Owner’s termination rights under Article 15.

F. Upon request to either Owner or Design-Builder from any Construction Subcontractor, Project Design Professional, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, the recipient of the request shall provide a copy of the payment bond to such person or entity.

6.02 Insurance—General Provisions

A. Owner and Design-Builder shall obtain and maintain insurance as required in this Article.

B. All insurance required by the Contract to be purchased and maintained by Owner or Design-Builder shall be obtained from insurance companies that are duly licensed or authorized, in the state or jurisdiction in which the Project is located, to issue insurance policies for the required limits and coverages. Unless a different standard is indicated in the Supplementary Conditions, all companies that provide insurance policies required under this Contract shall have an A.M. Best rating of A-VII or better. Every Design-Builder insurance policy shall be procured and maintained as required herein and insurers reasonably acceptable to Owner.

C. All insurance required by the Contract to be purchased and maintained by Design-Builder requiring additional insured coverage shall be primary and without contribution by insurance maintained by Owner.

D. Alternative forms of insurance coverage, including but not limited to self-insurance and “Occupational Accident and Excess Employer’s Indemnity Policies,” are not sufficient to meet the insurance requirements of this Contract.

E. Design-Builder shall use commercially reasonable efforts to require (a) its Construction Subcontractors and Engineer (and any other Project Design Professional that is an independent individual or entity) to purchase and maintain commercial general liability, automobile liability, workers’ compensation, employer’s liability, professional liability (as applicable), and umbrella or excess liability insurance, and (b) its Construction Subcontractors to purchase and maintain contractor’s pollution liability insurance.

F. As a condition to receiving a Notice to Proceed for the relevant phase of Work, Design-Builder shall deliver to Owner, with copies to each additional insured (as identified in this Article, or elsewhere in the Contract Documents), in a form reasonably acceptable to Owner, certificates of insurance establishing that Design-Builder has obtained and is maintaining the policies, coverages, and endorsements required by the Contract. Upon request by Owner or any other insured, Design-Builder shall also furnish other evidence of such required insurance, including copies of relevant policy endorsements in a form reasonably acceptable to Owner, as well as certificates of insurance establishing that Design-Builder’s Construction Subcontractors, Engineer, and any other Project Design Professional that is an independent individual or entity has obtained and is maintaining



the policies coverages and endorsements required to be purchased and maintained by the Contract Documents. Design-Builder may block out (redact) any confidential premium or pricing information contained in a policy endorsement furnished under this provision.

G. Owner shall deliver to Design-Builder, with copies to each additional insured (as identified in this Article, the Supplementary Conditions, or elsewhere in the Contract), certificates of insurance establishing that Owner has obtained and is maintaining the policies, coverages, and endorsements required of Owner by the Contract (if any). Upon request by Design-Builder or any other insured, Owner shall also provide other evidence of such required insurance (if any), including but not limited to copies of policies and endorsements, and documentation of applicable self-insured retentions and deductibles. Owner may block out (redact) any confidential premium or pricing information contained in any policy or endorsement furnished under this provision.

H. Failure of Owner or Design-Builder to demand such certificates or other evidence of the other party’s full compliance with these insurance requirements, or failure of Owner or Design-Builder to identify a deficiency in compliance from the evidence provided, shall not be construed as a waiver of the other party’s obligation to obtain and maintain such insurance.

I. If either party does not purchase or maintain all of the insurance required of such party by the Contract, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage.

J. If Design-Builder has failed to obtain and maintain required insurance, Owner may exclude the Design-Builder from the Site, impose an appropriate set-off against payment, and exercise Owner’s termination rights under Article 15.

K. Without prejudice to any other right or remedy, if a party has failed to obtain required insurance, the other party may elect to obtain equivalent insurance to protect such other party’s interests at the expense of the party who was required to provide such coverage, and the Contract Price shall be adjusted accordingly.

L. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Design-Builder or Design-Builder’s interests.

M. The insurance and insurance limits required herein shall not be deemed as a limitation on Design-Builder’s liability under the indemnities granted to Owner and other individuals and entities in the Contract.

N. Builder’s Risk and Professional Liability insurance policies shall be placed on a project specific basis.

O. No insurance policy required to be purchased and maintained by the Design-Builder is permitted to be a high-deductible policy, unless Design-Builder has provided evidence reasonably satisfactory to Owner of Design-Builder’s financial ability to fund the required reserves. Design-Builder shall be liable for all insurance deductibles and premiums under any insurance policy, and the Owner shall have no liability for the same.

6.03 Design-Builder’s Insurance

A. Workers’ Compensation and Employer’s Liability: Design-Builder shall purchase and maintain workers’ compensation and employer’s liability insurance for:



1. Claims under workers’ compensation, disability benefits, and other similar employee benefit acts.

2. United States Longshoreman and Harbor Workers’ Compensation Act and Jones Act coverage (if applicable).

3. Claims for damages because of bodily injury, occupational sickness or disease, or death of Design-Builder’s employees (by stop-gap endorsement in monopolist worker’s compensation states).

4. Foreign voluntary worker compensation (if applicable).

B. Commercial General Liability—Claims Covered: Design-Builder shall purchase and maintain commercial general liability insurance, covering all operations by or on behalf of Design-Builder, on an occurrence basis, against:

1. Claims for damages because of bodily injury, sickness or disease, or death of any person other than Design-Builder’s employees.

2. Claims for damages insured by reasonably available personal injury liability coverage.

3. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom.

C. Commercial General Liability—Form and Content: Design-Builder’s commercial liability policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form) and include the following coverages and endorsements:

1. Products and completed operations coverage:

a. Such insurance shall be maintained for three years after Substantial Completion of the entire Work.

b. Design-Builder shall furnish Owner and each other additional insured evidence of continuation of such insurance at Substantial Completion of the entire Work and three years thereafter.

2. Blanket contractual liability coverage as required within the Agreement, to the extent permitted by law.

3. Broad form property damage coverage.

4. Severability of interests and no insured-versus-insured or cross-liability exclusions.

5. Underground, explosion, and collapse coverage.

6. Personal injury coverage.

7. Additional insured endorsements that include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 07 04 and CG 20 10 07 04 (together). If Design-Builder demonstrates to Owner that the specified ISO endorsements are not commercially available, then Design-Builder may satisfy this requirement by providing equivalent endorsements.

8. For design professional additional insureds, ISO Endorsement CG 20 32 07 04, “Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named Insured” or its equivalent.



D. Commercial General Liability—Excluded Content: The commercial general liability insurance policy, including its coverages, endorsements, and incorporated provisions, shall not include any of the following:

1. Any modification of the standard definition of “insured contract.”

2. Any exclusion for water intrusion or water damage.

3. Any provisions resulting in the erosion of insurance limits by defense costs.

4. Any exclusion for the insured’s vicarious liability, strict liability, or statutory liability.

5. Any limitation or exclusion based on the nature of Design-Builder’s work.

E. Automobile liability: Design-Builder shall purchase and maintain automobile liability insurance against claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy shall be written on an occurrence basis.

F. Umbrella or excess liability: Design-Builder shall purchase and maintain umbrella or excess liability insurance written over the underlying employer’s liability, commercial general liability, and automobile liability insurance described in the paragraphs above. Subject to industry-standard exclusions, the coverage afforded shall be procured on a “follow the form” basis as to each and every one of the underlying policies. Design-Builder may meet the combined limits of insurance (underlying policy plus applicable umbrella or excess) specified for employer’s liability, commercial general liability, and automobile liability through the primary policies alone, or through combinations of the primary insurance policies and an umbrella or excess liability policy that follows the form of the underlying policy, as specified herein.

G. Contractor’s pollution liability insurance: Design-Builder shall purchase and maintain a policy covering third-party injury and property damage claims, including clean-up costs, as a result of pollution conditions arising from Design-Builder’s operations and completed operations. This insurance shall be maintained for three years after Substantial Completion of the entire Work.

H. Additional insureds: The Design-Builder’s commercial general liability, automobile liability, umbrella or excess, and pollution liability policies shall include and list as additional insureds Owner and any individuals or entities identified as required additional insureds; include coverage for the respective officers, directors, members, partners, employees, and such agents and consultants engaged to assist the Owner in project management activities, of each and any of all such additional insureds; and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis. Design-Builder shall obtain all necessary endorsements to support these requirements. No additional insured endorsement to these policies shall contain any exclusion for bodily injury or property damage arising from completed operations.

I. Professional liability insurance:

1. Design-Builder shall be responsible for purchasing and maintaining professional liability insurance. This insurance shall provide protection against claims arising out of



performance of the professional design services of the Design Builder, and caused by a negligent error, omission, or act for which Design-Builder is legally liable.

2. If in the performance of this Contract any Design Professional Services, or other professional engineering or similar services, are to be performed by an independent design professional, under direct contract to Design-Builder or at any lower contractual tier, then Design-Builder shall be responsible for requiring that such independent design professional purchases and maintains professional liability insurance. This insurance shall provide protection against claims arising out of performance of their professional design services, and caused by a negligent error, omission, or act for which the independent design professional is legally liable.

3. If a Construction Subcontractor at any tier will provide or furnish design, engineering, or other similar professional services under this Contract, as the result of a delegation of professional design responsibilities or otherwise, then Design-Builder shall require that such Construction Subcontractor purchases and maintains applicable professional liability insurance. This insurance shall provide protection against claims arising out of performance of the Construction Subcontractor’s professional design, and caused by a negligent error, omission, or act for which the insured party is legally liable.

4. Any professional liability insurance required under this Contract shall be maintained throughout the duration of the Contract and for three years after Substantial Completion of the entire Work. For each claims-made professional liability policy furnished and maintained to satisfy the requirements of this Paragraph 6.03.I, the retroactive date on the policy shall pre-date the commencement of furnishing services on the Project and extended reporting period, provided to maintain continuous coverage for three years following Substantial Completion of the entire Work.

J. General provisions: The policies of insurance required by this Paragraph 6.03 shall:

1. Include the specific coverages provided in this Article.

2. Be written for the limits of coverage provided in this Article or required by Laws or Regulations, whichever is greater.

3. Contain a provision or endorsement that the coverage afforded will not be canceled without 30 days’ prior written notice has been given to Design-Builder and to Owner. Within 3 days of receipt of any such written notice regarding cancellation, renewal, or refusal of coverage, Design-Builder shall provide a copy of the notice to Owner and each other insured under the policy. Design-Builder will provide written notice to Owner if any change is made to an insurance policy required by this Agreement when that change caused Design-Builder to be noncompliant with the insurance requirements in the Agreement.

4. Remain in effect at least until final payment and Design-Builder’s departure from the Site (and longer if expressly required elsewhere in this Contract), and at all times thereafter when Design-Builder may be correcting, removing, or replacing defective Construction as a warranty or correction obligation, or otherwise, or returning to the Site to conduct other tasks arising from the Contract Documents.

5. Provide applicable protection from claims that Design-Builders wrongful acts arise out of or result from the performance of the Work, by Design-Builder, a Project Design Professional, any Construction Subcontractor or Supplier, or anyone directly or



indirectly retained by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable.

K. Phase One insurance limits: The limits of liability for insurance required by Paragraph 6.03 of the General Conditions during Phase One of the Work shall provide coverage for the following amounts or greater where included in Design-Builder’s existing and aggregate coverages:

1. Workers’ Compensation, and related coverages under Paragraph 6.03.A of the General Conditions:

a. State Statutory

b. Employer’s Liability $1,000,000 per accident

2. Commercial General Liability under Paragraphs 6.03.B through D of the General Conditions:

a. General Aggregate $2,000,000

b. Products – Completed

Operations Aggregate $2,000,000 per occurrence

c. Personal and Advertising Injury $1,000,000 per occurrence

d. Each Occurrence (Bodily Injury

and Property Damage) $1,000,000 per occurrence

e. Excess or Umbrella Liability

1) General Aggregate $2,000,000

2) Each Occurrence $2,000,000

3. Automobile Liability under Paragraph 6.03.E of the General Conditions:

a. Combined Single Limit $1,000,000 per

occurrence/accident

4. Professional Liability under Paragraph 6.03.I shall be in an amount of $1,000,000 per claim and in the aggregate.

L. Phase Two insurance limits: The limits of liability for insurance required by Paragraph 6.03 of the General Conditions during Phase Two of the Work shall provide coverage for the following amounts or greater where included in Design-Builder’s existing and aggregate coverages:

1. Workers’ Compensation, and related coverages under Paragraph 6.03.A of the General Conditions:

a. State Statutory

b. Employer’s Liability $1,000,000 per occurrence

2. Commercial General Liability under Paragraphs 6.03.B through D of the General Conditions:

a. General Aggregate $10,000,000

b. Products – Completed



Operations Aggregate $5,000,000 aggregate

c. Personal and Advertising Injury $5,000,000 per occurrence

d. Each Occurrence (Bodily Injury

and Property Damage) $5,000,000 per occurrence

e. Excess or Umbrella Liability

1) General Aggregate $50,000,000

2) Each Occurrence $50,000,000

3. Automobile Liability under Paragraph 6.03.E of the General Conditions:

a. Combined Single Limit $1,000,000 per

occurrence/accident

4. Professional Liability under Paragraph 6.03.I shall be in an amount of $2,000,000 per claim and in the aggregate.

5. Pollution Liability under Paragraph 6.03.G shall be in an amount of $5,000,000 per claim, and $5,000,000 in the aggregate.

6.04 Owner’s Liability Insurance

A. In addition to the liability insurance required to be provided by Design-Builder, the Owner, at Owner’s option and expense, may purchase and maintain Owner’s own liability insurance to protect Owner against claims which may arise with respect to the Project.

B. Owner’s liability policies, if any, operate separately and independently from policies required to be provided by Design-Builder, and Design-Builder cannot rely upon Owner’s liability policies for any of Design-Builder’s obligations to the Owner or third parties.

6.05 Property Insurance

A. Builder’s Risk: Design-Builder shall purchase and maintain an all risk’ builder’s risk insurance policy upon the Design and Construction Work, in the amount of the full insurable replacement cost value thereof (subject to policy sub-limits and deductible amounts). This insurance shall:

1. Include the Owner and Design-Builder as named insureds, and all Construction Subcontractors, and any individuals or entities required to be insured under such builder’s risk policy, as additional insureds. For purposes of the remainder of this Paragraph 6.05, Paragraphs 6.06 and 6.07, the parties required to be insured shall collectively be referred to as “insureds.”

2. Be written on a builder’s risk “all risk” policy form that shall include insurance for physical loss or damage to the Design and Construction, temporary buildings, falsework, and materials and equipment in transit, and shall insure against the following perils or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; third party vehicle impact; smoke; theft; vandalism and malicious mischief; mechanical breakdown, and artificially generated electric current; earthquake; flood with a limit of $50,000,000; collapse; explosion; debris removal; demolition occasioned by enforcement of Laws and Regulations; water damage (other than that caused by flood). If insurance against mechanical breakdown, and artificially generated electric current;



earthquake; or flood, are not commercially available under builder’s risk policies, by endorsement or otherwise, such insurance may be provided through other insurance policies acceptable to Owner and Design-Builder.

3. Cover, as insured property, the following: (a) the Design and Construction (including but not limited to all buildings, structures, foundations, excavations, underground property, pilings, underground pipes, flues, drains, wiring, cables, and the like) and all materials, supplies, machinery, apparatus, equipment, fixtures, and other property of a similar nature that are to be incorporated into the Design and Construction, including Owner-furnished or assigned property; (b) spare parts inventory required within the scope of the Contract; and (c) temporary works which are not intended to form part of the permanent Design and Construction but which are intended to provide working access to the Site, or to the Design and Construction, or which are intended to provide temporary support for the Design and Construction, including scaffolding, form work, fences, shoring, lighting, cribbing, falsework, and temporary structures.

4. Cover expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects).Extend to cover damage or loss to insured property which will become a completed part of the Work, while in temporary storage at the Site or in a storage location outside the Site (but not including property stored at the premises of a manufacturer or Supplier).

5. Extend to cover damage or loss to insured property which will become a completed part of the Work, while in transit.

6. If applicable and subject to approval of insurance carriers allow for partial occupation or use of the Design and Construction by Owner, such that those portions of the Design and Construction that are not yet occupied or used by Owner shall remain covered by the builder’s risk insurance.

7. Provide for the waiver of claims and waiver of the insurer’s subrogation rights, as set forth in Paragraph 6.06.

8. Provide primary coverage for all losses and damages caused by the perils or causes of loss covered.

9. Not include a co-insurance clause.

10. Include an exception for ensuing losses from physical damage or loss with respect to any defective workmanship, design, or materials exclusions.

11. Include performance/hot testing and start-up.

12. Be maintained in effect as of the Phase Two Notice to Proceed, and until the Substantial Completion for Phase Two Work.

B. Notice of Cancellation or Change: All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with this Paragraph 6.05 will contain a provision or endorsement that the coverage afforded will not be canceled or renewal refused until at least 30 days’ prior written notice has been given to Design Builder and to Owner. Design-Builder shall provide at least 30 days’ notice of material change to Owner



C. Deductibles: The purchaser of any required builder’s risk or property insurance shall pay for costs not covered because of the application of a policy deductible.

D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the Construction prior to Substantial Completion of all the Work as provided in Paragraph 14.04, then Owner (directly, if it is the purchaser of the builder’s risk policy, or through Design-Builder) will provide notice of such occupancy or use to the builder’s risk insurer. The builder’s risk insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy; rather, those portions of the Construction that are occupied or used by Owner may come off the builder’s risk policy, while those portions of the Construction not yet occupied or used by Owner shall remain covered by the builder’s risk insurance.

E. Additional Insurance: If Design-Builder elects to obtain other special insurance to be included in or supplement the builder’s risk or property insurance policies provided under this Paragraph 6.05, it may do so at Design-Builder’s expense.

6.06 Waiver of Subrogation

A. All of Design-Builder’s insurance policies required herein, except professional liability, and Worker’s Compensation shall explicitly waive subrogation rights against the Owner, where allowed by Law. Design-Builder shall provide endorsements showing waivers of subrogation to the Owner.

B. Design-Builder shall require all other Construction Subcontractors to similarly waive their rights of subrogation and recovery in each of their respective Construction Subcontracts (or otherwise as applicable) with respect to the Work.

C. To the extent allowed by applicable law and the terms of Owner’s property insurance policy, Owner waives all rights of recovery of damages covered by property insurance from Design-Builder Project Design Professionals, and the Construction Subcontractors, and the officers, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them. In the event that a loss covered by Owner’s property insurance policy is caused by Design-Builder or those for whom Design-Builder is responsible, Design-Builder shall be responsible to reimburse Owner for the deductibles Owner is obligated to pay in connection with that loss.

D.

6.07 Receipt and Application of Property Insurance Proceeds

A. Any insured loss under the builder’s risk and other policies of property insurance required by Paragraph 6.05 will be adjusted and settled with the named insured that purchased the policy. Such named insured shall act as fiduciary for the other insureds, and give notice to such other insureds that adjustment and settlement of a claim is in progress. Any other insured may state its position regarding a claim for insured loss in writing within 15 days after notice of such claim.

B. Proceeds for such insured losses may be made payable by the insurer either jointly to multiple insureds, or to the named insured that purchased the policy in its own right and as fiduciary for other insureds, subject to the requirements of any applicable mortgage clause.



C. If no other special agreement is reached, the damaged Construction shall be repaired or replaced, the money so received applied on account thereof, and the Construction and the cost thereof covered by Change Order, if needed.

ARTICLE 7 – DESIGN-BUILDER’S RESPONSIBILITIES

7.01 Design Professional Services

A. Design-Builder shall provide the Design Professional Services needed to successfully perform and complete the Work required under this Contract.

B. Standard of Care: The standard of care for all Design Professional Services performed or furnished by Design-Builder under this Contract will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality.

7.02 Construction

A. Design-Builder shall perform and furnish the Construction pursuant to the Contract Documents, the Construction Drawings, and the Construction Specifications, as duly modified.

B. Design-Builder shall keep Owner advised as to the progress of the Construction.

7.03 Supervision and Superintendence of Construction

A. Design-Builder shall supervise, inspect, and direct the Construction competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to provide the Construction in accordance with the Contract Documents. Design-Builder shall be solely responsible for the means, methods, techniques, sequences, and procedures of Construction.

B. At all times during the progress of Construction, the Design-Builder shall assign a competent resident superintendent who shall not be replaced without written notice to Owner except under extraordinary circumstances.

C. Design-Builder’s Key Personnel identified in its Proposal is essential to the successful completion of the Project. Except in the case of resignation, termination, or illness, Design Builders Key Personnel shall not be replaced. The replacement of any Key Personnel by the Design-Builder, any Significant Subcontractor, or other Team Members shall be subject to prior approval by the Owner in Owner’s sole discretion.

7.04 Labor; Working Hours

A. Design-Builder shall provide competent, suitably qualified personnel to perform the Work as required by the Contract Documents. Design-Builder shall at all times maintain good discipline and order at the Site.

B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise indicated in the Contract Documents, and in the absence of any Laws or Regulations to the contrary, Design-Builder may perform the Construction on legal holidays, during any or all hours of the day, and on any or all days of the week, at Design-Builder’s sole discretion. For any work on legal holidays and outside the hours of 6:30 am to 6:30 pm the Design-Builder will provide 7 days advance notice to Owner.



7.05 Services, Materials, and Equipment

A. Unless otherwise specified in the Contract Documents, Design-Builder shall furnish or cause to be furnished and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work.

B. All materials and equipment incorporated into the Work shall be as specified by Owner or in the Construction Drawings or Construction Specifications, and unless specified otherwise shall be new and of good quality. All warranties and guarantees specifically called for by the Contract Documents shall expressly run to the benefit of Owner. If required by Owner, Design-Builder shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment.

C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents.

7.06 “Or Equals” and Substitutions

A. If an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, then during the preparation of the proposed Construction Drawings and Construction Specifications, the Design-Builder may request that Owner authorize the use of other items of material or equipment, or items from other proposed suppliers, by including the proposed items in the proposed Construction Drawings or Construction Specifications, with required notice to Owner that the Submittal contains a variation from the Contract Documents. Owner in its sole discretion may approve the use of the item if Owner determines that the item is functionally equal to that named and sufficiently similar so that no change in related Work will be required, taking into consideration whether the item:

1. Is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics;

2. Will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole;

3. Has a proven record of performance and availability of responsive service; and

4. Is not objectionable.

B. Effect of Owner’s Determination: Neither approval nor denial of an “or-equal” request shall result in any change in Contract Price. The denial of an “or-equal” request shall be final and binding, and may not be reversed through an appeal under any provision of the Contract Documents.

C. Substitutes: During the preparation of the proposed Construction Drawings and Construction Specifications, the Design-Builder may propose a substitute to an item of material or equipment that is required to be furnished by the Contract Documents. Any such proposal shall be made in a transmittal to Owner that is separate from and independent of any Design Submittals. The proposal shall describe the advantages, disadvantages, and changes in Contract Price or Contract Time associated with the



proposed substitute. Approval of the proposed substitute shall be at Owner’s sole discretion. If approved, the substitute item shall be incorporated in the Construction Drawings and Construction Specifications.

D. Design Professional Review: Before Design-Builder transmits its proposal to Owner, the Project Design Professional that designed the portion of the Work affected by the proposed “or equal” or substitute shall review and approve the proposal.

E. Construction Drawings and Construction Specifications: “Or equal” or substitute proposals with respect to items of material or equipment that are required in the Construction Drawings and Construction Specifications shall be considered proposed modifications of the Construction Drawings and Construction Specifications, and shall be governed by the provisions of Paragraph 8.02.H.

7.07 Concerning Project Design Professionals, Construction Subcontractors, Suppliers, and Others

A. Design-Builder may retain Project Design Professionals, Construction Subcontractors, and Suppliers for the performance of parts of the Work. Such Project Design Professionals, Construction Subcontractors, and Suppliers must be acceptable to Owner.

B. Design-Builder shall retain specific Project Design Professionals, Construction Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work if required to do so by the Contract Documents (including but not limited to the Proposal Amendment) as of the Effective Date.

C. Prior to entry into any binding Design Agreement, Construction Subcontract, or purchase order, Design-Builder shall submit to Owner the identity of the proposed Project Design Professional, Construction Subcontractor, or Supplier (unless Owner has already deemed such proposed contractual party acceptable, during the bidding process or otherwise). Such proposed contractual party shall be deemed acceptable to Owner unless Owner raises a substantive, reasonable objection within 5 days.

D. Owner may require the replacement of any Project Design Professional, Construction Subcontractor, Supplier, or other entity retained by Design-Builder to perform any part of the Work solely on the basis of substantive, reasonable objection after due investigation. Design-Builder shall submit an acceptable replacement for the rejected Project Design Professional, Construction Subcontractor, Supplier, or other entity.

E. If Owner requires the replacement of any Project Design Professional, Construction Subcontractor, Supplier, or other entity retained by Design-Builder to perform any part of the Work, then Design-Builder shall be entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the replacement.

F. No acceptance by Owner of Engineer or of any Project Design Professional, Construction Subcontractor, Supplier, or other entity, whether initially or as a replacement, shall constitute a waiver of the right of Owner to the completion of the Work in accordance with the Contract Documents.

G. Design-Builder shall be fully responsible to Owner for all acts and omissions of the Project Design Professionals, Construction Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work, just as Design-Builder is responsible for Design-Builder’s own acts and omissions.



H. Design-Builder shall be solely responsible for scheduling and coordinating the services and work of the Project Design Professionals, Construction Subcontractors, Suppliers, and all other individuals or entities performing or furnishing any of the Work.

I. Design-Builder shall restrict all Project Design Professionals, Construction Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work from communicating directly with Owner, except in case of an emergency or a matter involving public health, safety, or welfare, or as otherwise expressly allowed herein.

J. Owner may furnish to any Project Design Professional, Construction Subcontractor, or Supplier, to the extent practicable, information about amounts paid to Design-Builder on account of Work performed for Design-Builder by the requesting party.

K. Nothing in the Contract Documents:

1. Shall create for the benefit of any Project Design Professional, Construction Subcontractor, Supplier, or other third-party individual or entity any contractual relationship between Owner and such third-party individual or entity; nor

2. Shall create any obligation on the part of Owner to pay or to see to the payment of any money due any Project Design Professional, Construction Subcontractor, Supplier, or other third-party individual or entity except as may otherwise be required by Laws and Regulations.

7.08 Patent Fees and Royalties

A. Design-Builder shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Conceptual Documents or other Contract Documents for use in the performance of the Work, and if to the actual knowledge of Owner its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, then Owner has disclosed the existence of such rights to Design-Builder in the Conceptual Documents or other Contract Documents.

B. To the fullest extent permitted by Laws or Regulations, Design-Builder shall indemnify and hold harmless Owner and Owner’s Consultant, and the officers, directors, partners, employees or agents, and other consultants of each and any of them from and against 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 or arbitration or other dispute resolution costs) arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the specification or incorporation in the Work of any invention, design, process, product or device, except those required by the Contract Documents.

C. To the fullest extent permitted by Laws or Regulations, Owner shall indemnify and hold harmless Design-Builder and its officers, directors, members, partners, employees or agents, Project Design Professionals, Construction Subcontractors, and Suppliers from and against 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 or arbitration or other dispute resolution costs) arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the



Work or resulting from the incorporation in the Work of any invention, design, process, product or device required by the Contract Documents, but not identified by Owner as being subject to payment of any license fee or royalty to others required by patent rights or copyrights.

7.09 Permits and Utility Charges

A. The Design-Builder is responsible for obtaining and paying for permits, licenses, certificates, and approvals needed for the Phase One Work. Permits, licenses, certificates and approvals needed for the Phase Two Work shall be identified and assigned to Owner or Design-Builder in the Phase Two Amendment, Exhibit E-5 Owner and Design-Builder Permit Responsibility List. Any and all permits, licenses, certificates, and approvals not expressly identified in the Contract Documents as the Owners responsibility and any permits for which the Owner is not the permit holder, are the responsibility of the Design-Builder. Each party shall assist the other, when necessary, in obtaining such permits, licenses, certificates, and approvals.

B. Design-Builder shall pay all charges of utility owners for temporary service to the Work. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work, and for capital costs related thereto.

7.10 Taxes

A. Design-Builder shall pay all sales, consumer, use, and other similar taxes required to be paid by Design-Builder in accordance with the Laws or Regulations of the place of the Project which are applicable during the performance of the Work. Materials and equipment incorporated into the Project are exempt from the payment of sales tax under the Laws of the State in which the Project is located and such sales tax shall not be included in Project cost. Owner will provide Design-Builder with a proper exemption certificate number within twenty days of the date of issuance of Notice to Proceed for the Phase Two Work.

B. If, in accordance with Owner’s direction, an exemption for all or part of the Work is claimed for taxes, Owner shall to the extent permitted by law indemnify, defend and hold harmless Design-Builder from and against any liability, penalty, interest, fine, or tax assessment, incurred by Design-Builder as a result of any action taken by Design-Builder in accordance with Owner’s directive. Owner shall furnish Design-Builder with any applicable tax exemption certificates necessary to obtain such exemption, upon which Design-Builder may rely. However, nothing herein shall be construed to waive any right, immunity, or defense available to the City by law.

7.11 Laws and Regulations

A. Design-Builder shall give all notices required by and comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, Owner shall not be responsible for monitoring Design-Builder’s compliance with any Laws or Regulations.

B. If Design-Builder performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Design-Builder shall bear 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 or arbitration or other dispute resolution costs) arising out of or relating to such Work.



C. Changes in Laws or Regulations that occur after the date on which the Design-Builder committed to the Contract Price (whether by negotiation or making an offer or proposal) and affect the cost or time of performance shall be the subject of an equitable change in Contract Price or Contract Times.

7.12 Record Documents

A. Design-Builder shall maintain the Record Documents in good order, in a safe place at the Site. Design-Builder shall annotate the Record Documents to show all changes and clarifications made (whether in the field or otherwise) during performance of Construction. The Record Documents, as annotated, will be available to Owner for reference. Upon completion of the Construction, Design-Builder shall deliver the Record Documents, as annotated, to Owner.

B. After receipt and review of the Record Documents from Design-Builder upon completion of Construction, the Owner may comment on any possible inaccuracies. After Owner and Design-Builder collaboratively address any such comments, the Record Documents shall be deemed to be Record Drawings and Record Specifications.

C. The Record Drawings and Record Specifications are Contract Documents, and are binding upon Design-Builder with respect to its obligations to comply with the Contract Documents, including but not limited to correction period responsibilities and warranty obligations.

7.13 Safety and Protection

A. Design-Builder shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Construction Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Design-Builder shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to:

1. All persons on the Site or who may be affected by the Work;

2. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and

3. Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation, or replacement in the course of Construction.

B. Design-Builder shall comply with applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Design-Builder shall notify Owner; the owners of adjacent property, Underground Facilities, and other utilities; and other contractors and utility owners performing work at or adjacent to the Site, when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property or work in progress.

C. Design-Builder shall comply with the applicable requirements of Owner’s safety programs, if any.



D. Design-Builder shall inform Owner of the specific requirements of Design-Builder’s safety program with which Owner and its employees and representatives must comply while at the Site.

E. All damage, injury, or loss to any property referred to in Paragraph 7.13.A.2 or 7.13.A.3 caused, directly or indirectly, in whole or in part, by Design-Builder, any Construction Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Design-Builder.

F. Design-Builder’s duties and responsibilities for safety and for protection of the Construction shall continue until such time as all the Work is completed, Owner has issued a notice to Design-Builder in accordance with Paragraph 14.06.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion), and Design-Builder has left the Site.

G. Design-Builder’s duties and responsibilities for safety and protection shall resume whenever Design-Builder or any Construction Subcontractor, Supplier, or other representative returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents.

7.14 Safety Representative

A. Design-Builder shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs.

7.15 Hazard Communication Programs

A. Design-Builder shall be responsible for coordinating any exchange of safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations.

7.16 Emergencies

A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Design-Builder is obligated to act to prevent threatened damage, injury or loss. Design-Builder shall give Owner prompt written notice if Design-Builder believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If a change in the Contract Documents is required because of the action taken by Design-Builder in response to such an emergency, a Work Change Directive or Change Order will be issued.

7.17 Post-Construction Phase

A. Design-Builder shall:

1. Provide for connection and startup of all equipment and systems.

2. Participate in and provide staff for a 12-month commissioning of the Project.

3. Provide plans and procedures for review and approval of Owner and/or Owner’s Site Representative for full and complete testing of the Project, and each of its parts and processes, under the varying weather, conditions, demands, and situations over those 12 months.



4. Train Owner staff in all aspects of the operation and maintenance of the Project. Training shall be recorded and documented in such manner that it may also be used by Owner in perpetuity.

7.18 Design-Builder’s General Warranty and Guarantee

A. For a period of two years following Substantial Completion, Design-Builder warrants and guarantees to Owner that Design-Builder has performed and completed the Construction as required by the Contract Documents, that all Construction is in accordance with the Contract Documents, the Construction Drawings, and the Construction Specifications (as duly modified in accordance with the Contract), and that such Construction will not be defective. During such warranty period, Design-Builder shall correct, remove, or replace defective Construction as a warranty or correction obligation at Design-Builder’s sole cost and expense.

B. Design-Builder’s warranty and guarantee hereunder excludes defects or damage caused by:

1. Abuse, modification or improper maintenance or operation by persons other than Design-Builder, Construction Subcontractors, or Suppliers or any other individual for whom Design-Builder is responsible; or

2. Normal wear and tear under normal usage.

C. None of the following will constitute an acceptance by Owner of Work that is not in accordance with the Contract Documents or a release of Design-Builder’s obligation to perform the Work in accordance with the Contract Documents, unless expressly stated otherwise in writing:

1. Observations by Owner;

2. The making of any progress or final payment;

3. The issuance of a certificate of Substantial Completion;

4. Use or occupancy of the Work or any part thereof by Owner;

5. Any review and approval of a Submittal;

6. Any inspection, test, or approval by others; or

7. Any correction of defective Construction by Owner.

7.19 Indemnification

A. Design-Builder hereby agrees to indemnify, and hold harmless the Owner, its officials, officers, and employees from any and all damages, costs and expenses, to the extent caused by negligent acts or errors or omissions and intentional wrongful acts of employees of Design-Builder, its agents, servants, employees, subcontractors, subconsultants, or members or partners of a joint venture or other entity participating with Design-Builder in the Project occurring in the performance of its design services or construction activities under this Contract. The insurance coverage specified in this Contract do not lessen or limit the liability of Design-Builder hereunder.

B. Design-Builder agrees that it will contractually obligate its subcontractors and subconsultants to indemnify and hold harmless the indemnitees identified in this



Paragraph to the same extent that Design-Builder is required to indemnify and hold harmless said indemnitees.

C. In the event of the filing of record of a lien or verified claim against any property on which the Project is located by, by a subcontractor or subconsultant, or by any other person or entity for which Design-Builder may be responsible, Design-Builder shall promptly remove the lien or claim in accordance with the laws of the State of Kansas unless the lien is a result of Owners failure to make payments when due under the contract.

D. Design-Builder shall protect, defend, indemnify, and hold harmless the Owner from and against any claims, actions, liabilities, losses, damages, costs and expenses (including reasonable attorneys' fees) in the event that litigation is filed by one of Design-Builder's subcontractors, subconsultants, affiliates, or joint-venturers or other entities participating with Design-Builder in the Project for non-payment by Design-Builder to such party unless such is a result of Owners failure to make payments when due under the contract .

E. Design-Builder shall take reasonable actions to inform the Owner of known potential patents on processes, designs, or devices that may be incorporated into the Project and Work. Design-Builder agrees to protect, defend and save harmless the Owner against any claim or demand for payment for the use of any patented or copyrighted material, process, design, article or device that may enter into the Work being performed by Design-Builder under this Contract to the extent that the Owner shall have provided Design-Builder reasonable notice of such claim or demand for payment.

F. Except for the limited indemnity set forth in Paragraphs 5.06.G. and 3.04.A.3, the Owner does not agree to indemnify, hold harmless, exonerate or assume the defense of Design-Builder or any other person, or entity whatsoever, for any purpose whatsoever by or in connection with this Contract.

ARTICLE 8 – SUBMITTALS

8.01 Design-Builder’s Preparation of Submittals

A. Design Submittals shall be prepared by Project Design Professionals, on behalf of Design-Builder.

B. The appropriate Project Design Professional shall review and approve each Submittal (including but not limited to all Design Submittals), other than those Submittals not involving technical or engineering matters, before Design-Builder’s transmittal of such Submittal to Owner. Such review and approval shall account for the following, as appropriate:

1. That any items covered by such Submittal will, after installation or incorporation in the Construction, comply with the information and requirements in the Contract Documents and the Construction Drawings and Construction Specifications, as duly modified, and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, Construction Drawings, and Construction Specifications, as duly modified.

2. That if the Submittal includes any proposed modification of the Contract Documents, Construction Drawings, or Construction Specifications, or any proposed variation from the requirements of such documents, such proposed modification or variation is acceptable based on the standards of the engineering profession (or other applicable



design profession), and if implemented will be supported by signing or sealing by a licensed design professional, as necessary.

C. Before Design-Builder’s transmittal of a Submittal to Owner, the Design-Builder shall, as applicable:

1. Review and coordinate the Submittal with other Submittals and with the requirements of the Work, the Contract Documents, the Construction Drawings, and the Construction Specifications, as duly modified;

2. Determine and verify all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect to the Submittal, and confirm that the Submittal is complete with respect to all related data included in the Submittal;

3. Determine and verify the suitability of proposed materials and equipment with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation; and

4. Determine and verify all information relative to Design-Builder’s responsibilities for the means, methods, techniques, sequences, and procedures of construction, and for safety precautions and programs incident thereto.

D. Design-Builder shall give Owner specific written notice of any proposed modification of the Contract Documents, Construction Drawings, or Construction Specifications, and any variations that a Submittal may have from the requirements of the Contract Documents, Construction Drawings, and Construction Specifications, as duly modified. This notice shall be set forth in a written communication separate from the Submittal; and, in addition, in the case of a Submittal in drawing form, by a specific notation made on the drawing itself.

E. Each Submittal shall bear a stamp or specific written certification by Design-Builder that it has satisfied its obligations under the Contract Documents with respect to preparation of the Submittal, and that Design-Builder approves the Submittal.

F. All Submittals must be acceptable based on compliance with form and content requirements of the Contract Documents. Design-Builder shall submit Design Submittals for Owner’s review and approval. Other Submittals shall not require express approval, except as indicated in the Supplementary Conditions or elsewhere in the Contract Documents.

8.02 Owner’s Review of Submittals

A. Owner will review all Submittals and may comment on any Submittal. Any response to a Submittal by Owner shall be in accordance with the schedule of required Submittals accepted by Owner as required by Paragraph 2.07, and the provisions of the Contract Documents but shall in no event provide less than 15 days or more than 20 days, excluding holidays, for the Owner’s review and approval.

B. For those Submittals requiring Owner’s review and approval, Owner’s response will be in writing and will indicate either that Owner approves the Submittal or rejects the Submittal. Owner may also include comments regarding the approved or rejected Submittal. For those Submittals that do not require approval, the Submittal shall be deemed acceptable to Owner unless Owner responds with a timely objection or adverse comment.



C. Unless a specific provision of the Contract Documents expressly provides otherwise, Owner’s review of a Submittal will be to determine if the Submittal complies with and is consistent with the Contract Documents. If Owner concludes that a Submittal requiring approval complies with and is consistent with the Contract Documents, the Owner shall approve such Submittal.

D. Owner’s approval, rejection, or acceptance of a Submittal will not extend to the means, methods, techniques, sequences, or procedures of Construction, or to safety precautions or programs incident thereto.

E. Owner’s review, comments, approval, rejection, or acceptance of Submittals shall not relieve Design-Builder from responsibility for (1) performance of the Work in accordance with the Contract Documents, (2) the scheduling and progress of the Work, (3) the means, methods, sequences, techniques, and procedures of Construction, and safety precautions and programs incident thereto, or (4) any variation from the requirements of the Contract Documents, unless Design-Builder has in a separate written communication at the time of submission called Owner’s attention to each such variation, and Owner has given written approval of each such variation; nor shall Owner’s review, comments, approval, rejection, or acceptance of a Submittal impose any such responsibility on Owner.

F. Construction tasks and expenditures by Design-Builder prior to Owner’s review and approval or acceptance of any Submittal will be at the sole risk of Design-Builder.

G. In reviewing, approving, rejecting, accepting, or commenting on any Design Submittal, Owner does not assume responsibility for the design, for any deficiencies in the Design Submittal or in the Design Professional Services by which they were prepared, or for constructability, cost, or schedule problems that may arise in connection with the Design Submittal.

H. The parties acknowledge that Design-Builder’s design responsibilities continue after commencement of Construction. During the course of Construction, the Design-Builder may propose modifications to the Construction Drawings and Construction Specifications. Owner shall approve such proposed modifications if (1) they comply with and are consistent with the Contract Documents, (2) Design-Builder has demonstrated that the modification is minor in character, or will not be detrimental to the quality and function of the Work, (3) the appropriate Project Design Professional has reviewed and approved the proposed modification with respect to any technical or engineering matters, and (4) Owner has not relied on the previously-approved Construction Drawings and Construction Specifications, such that the proposed modification would be detrimental to the Owner’s interests. At its option, Owner may also approve more substantial or divergent proposed modifications, provided that the appropriate Project Design Professional has reviewed and approved the proposed modification with respect to any technical or engineering matters.

ARTICLE 9 – OTHER CONSTRUCTION

9.01 Other Work

A. In addition to and apart from the Work to be performed and furnished by Design-Builder under the Contract Documents, the Owner may perform other construction work at or adjacent to the Site during the course of the Project. Such other work may be performed by Owner’s employees, or through contracts between the Owner and third parties. Owner



may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site.

B. If Owner performs other work at or adjacent to the Site with Owner’s employees, or through contracts for such other work, then Owner shall give Design-Builder written notice thereof prior to starting any such other work. If Owner has advance information regarding the start of any third-party utility work at or adjacent to the Site, Owner shall provide such information to Design-Builder.

C. Design-Builder shall afford proper and safe access to the Site to each contractor that performs such other work, each utility owner performing other work, and to Owner, if Owner is performing other work with Owner’s employees, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work. Design-Builder shall do all cutting, fitting, and patching of the Construction that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Design-Builder shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Design-Builder may cut or alter others' work with the written consent of Owner and the others whose work will be affected.

D. If the proper execution or results of any part of the Construction depends upon work performed by others under this Article 9, Design-Builder shall inspect such other work and promptly report to Owner in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of the Construction. Design-Builder’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with the Construction, except for latent defects and deficiencies in such other work.

9.02 Coordination

A. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with Owner’s employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in the Supplementary Conditions or provided to Design-Builder prior to the start of any such other work:

1. The identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors;

2. An itemization of the specific matters to be covered by such authority and responsibility; and

3. The extent of such authority and responsibilities.

B. If the Supplementary Conditions do not identify the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors, Owner shall have sole authority and responsibility for such coordination.

9.03 Legal Relationships

A. If, in the course of performing other work for Owner at or adjacent to the Site, the Owner’s employees, any other contractor working for Owner, or any utility owner that Owner has arranged to perform work, causes damage to the Construction or to the property of Design-Builder or the Construction Subcontractors, or delays, disrupts, interferes with, or



increases the scope or cost of the performance of the Construction, through actions or inaction, then Design-Builder shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. The entitlement to, and extent of, any such equitable adjustment shall take into account information (if any) regarding such other work that was provided to Design-Builder in the Contract Documents, and any provisions in Laws or Regulations concerning utility action or inaction, or related remedies. When applicable, any such equitable adjustment in Contract Price shall be conditioned on Design-Builder assigning to Owner all Design-Builder’s rights against such other contractor or utility owner with respect to the damage, delay, disruption, or interference that is the subject of the adjustment. Design-Builder’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Design-Builder’s ability to complete the Work within the Contract Times.

B. Design-Builder shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site. If Design-Builder fails to take such measures and as a result damages, delays, disrupts, or interferes with the work of any such other contractor or utility owner, then Owner may impose a set-off against payments due to Design-Builder, and assign to such other contractor or utility owner the Owner’s contractual rights against Design-Builder with respect to the breach of the obligations set forth in this paragraph.

C. When Owner is performing other work at or adjacent to the Site with Owner’s employees, Design-Builder shall be liable to Owner for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by Owner as a result of Design-Builder’s failure to take reasonable and customary measures with respect to Owner’s other work. In response to such damage, delay, disruption, or interference, Owner may impose a set-off against payments due to Design-Builder.

D. If Design-Builder damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Design-Builder’s failure to take reasonable and customary measures to avoid such impacts, or if any claim arising out of Design-Builder’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Design-Builder or Owner, then Design-Builder shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify and hold harmless Owner and its officers, directors, members, partners, employees, agents, consultants and subcontractors from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference.



ARTICLE 10 – OWNER’S RESPONSIBILITIES

10.01 General

A. Owner shall do the following in a timely manner so as not to delay the services of Design-Builder:

1. If requested in writing by Design-Builder, furnish reasonable evidence satisfactory to Design-Builder that sufficient funds are available and committed for the entire cost of the Project. Unless such reasonable evidence is furnished, Design-Builder is not required to commence or continue any Work, or may, if such evidence is not presented within a reasonable time, stop Work upon 15 days’ notice to the Owner;

2. Make payments to Design-Builder promptly when they are due, as provided in Paragraph 14.01 and 14.06;

3. Furnish the Site as set forth in Paragraph 5.01; arrange for safe access to and make all provisions for Design-Builder to enter upon public and private property as may reasonably be required for Design-Builder to perform Work under the Contract.

4. Furnish to Design-Builder, as required for performance of the Work, the following, all of which Design-Builder may use and rely upon in performing services under this Agreement:

a. Environmental assessment and impact statements;

b. Property, boundary, easement, right-of-way, and other special engineering surveys or data;

c. Raw water quality and quantity as referred to in the Basis of Design Report.

d. Property descriptions;

e. Zoning, deed, and other land use restrictions;

f. Utility and topographic mapping and surveys;

g. Explorations and tests of subsurface conditions at or adjacent to the Site; geotechnical reports and investigations; drawings of physical conditions relating to existing surface or subsurface structures at the Site; any information or data known to Owner concerning underground facilities at the Site; hydrographic surveys, laboratory tests and inspections of samples, materials, and equipment; with appropriate professional interpretation of such information or data;

h. Any other available information pertinent to the Project including reports and data relative to previous designs, or investigation at or adjacent to the Site;

i. Engineering surveys to establish reference points which in Owner’s judgment are necessary to enable Design-Builder to proceed with the Work;

j. Assistance to Design-Builder in filing documents required to obtain necessary permits, licenses, and approvals of governmental authorities having jurisdiction over the Project; and

k. Permits, licenses, and approvals of government authorities that the Contract Documents expressly require Owner to obtain.



l. Water, power, fuel, water treatment chemicals and consumables required for start-up testing and commissioning;

m. Licensed operators for startup testing and commissioning that occurs when water is supplied to the distribution system following Substantial Completion.

5. Provide information known to Owner relating to the presence of materials and substances at the Site that could create a Hazardous Environmental Condition.

B. If an obligation ascribed to Owner in Paragraph 10.01.A is expressly assigned to Design-Builder, in the description of the Work or elsewhere in the Contract Documents, then such express assignment to Design-Builder shall supersede the provision in Paragraph 10.01.A.

C. Recognizing and acknowledging that Design-Builder’s services and expertise do not include the following services, Owner shall furnish or obtain, as required for the Project:

1. Accounting, bond and financial advisory (including, if applicable, “municipal advisor” services as described in Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) and the municipal advisor registration rules issued by the Securities and Exchange Commission), independent cost estimating, and insurance counseling services.

2. Legal services with regard to issues pertaining to the Project as Owner requires, or Design-Builder reasonably requests.

3. Such auditing services as Owner requires to review cost submittals or ascertain how or for what purpose Design-Builder has used the money paid.

D. Examine all studies, reports, alternate solutions, sketches, drawings, specifications, proposals, Submittals (including Design Submittals), and other documents presented by Design-Builder (including obtaining advice of an attorney, insurance counselor, and other consultants as Owner deems appropriate with respect to such examination), and if a decision is required with respect to any such document, render such decision in writing pursuant to any specific schedule, or if no specific schedule pertains, within a reasonable time after receipt of the document.

10.02 Insurance

A. Owner’s responsibilities with respect to purchasing and maintaining liability and property insurance are set forth in Article 6.

10.03 Limitations on Owner’s Responsibilities

A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Design-Builder’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Design-Builder to comply with Laws or Regulations applicable to the furnishing or performance of the Work. Owner will not be responsible for Design-Builder’s failure to perform the Work in accordance with the Contract Documents.

10.04 Undisclosed Hazardous Environmental Condition

A. Owner’s responsibility with respect to undisclosed Hazardous Environmental Conditions uncovered or revealed at the Site is set forth in Paragraph 5.06.



10.05 Owner’s Site Representative

A. The Owner’s Site Representative will perform Design and Construction observations; attend meetings with the Design-Builder; invite other staff as appropriate; provide Owner with review, evaluation, and recommendations of any and all project documentation, submittals, designs, change requests and other aspects of the Project; respond to requests for information requiring Owner response; may observe any and/or all portions of the Work and other duties as identified in the Phase Two Amendment.

B. The extent of the Owner’s Site Representative responsibilities and authority is described in Exhibit E-6 Owner’s Representative Responsibilities and Limits of Authority.

C. Neither Owner’s Site Representative, nor any other consultant or manager retained by Owner, has any duties, responsibilities, or authorities with respect to Design-Builder, unless expressly provided in this Contract. Owner’s Consultant and such other consultants and managers shall not supervise, direct, or have control or authority over, nor be responsible for, Design-Builder’s means, methods, techniques, sequences, or procedures of construction or the safety precautions and programs incident thereto, or for any failure of Design-Builder to comply with Laws or Regulations applicable to the furnishing or performance of the Work; and will not be responsible for Design-Builder’s failure to perform the Work in accordance with the Contract Documents.

10.06 Not used

10.07 Safety Programs

A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Design-Builder’s safety programs of which Owner has been informed pursuant to Paragraph 7.13.D.

B. Owner shall inform Design-Builder of any specific requirements of safety or security programs that are applicable to Design-Builder while at the Site.

ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK

11.01 Amending and Supplementing Contract Documents

A. The Contract Documents may be amended or supplemented by a Change Order or a Work Change Directive.

1. Change Orders: If an amendment or supplement to the Contract Documents includes a change in the Contract Price or the Contract Times, such amendment or supplement must be set forth in a Change Order. A Change Order also may be used to establish amendments and supplements of the Contract Documents that do not affect the Contract Price or Contract Times.

2. Work Change Directives: The Work modification ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order. When a Work Change Directive is issued, the parties will promptly meet to attempt to negotiate the Work Change Directive’s effect, if any, on the Contract Times and Contract Price. The effect, if any, on Contract Times and Contract Price, together with the Work Change Directive’s addition, deletion, or revision to the Work, will be set forth in a subsequently issued Change Order.



B. Either Owner or Design-Builder may propose or request a Change Order. With respect to certain events, this Contract may indicate specific times in which such requests or proposals must be submitted to the other party. With respect to all other events, the request or proposal shall be submitted to the other party within 30 days of the event giving rise to the request or proposal.

11.02 Authorized Changes in the Work

A. Without invalidating the Contract and without notice to any surety, and notwithstanding any other provision of the Contract, Owner may, at any time or from time to time, order or authorize additions, deletions, or revisions in the Work within the general scope of the Contract. Such changes may be accomplished by a Change Order, if Owner and Design-Builder have agreed as to the effect, if any, of the changes on Contract Times or Contract Price; or by a Work Change Directive. Upon receipt of any such document, Design-Builder shall promptly proceed with the Work involved; or, in the case of a deletion in the Work, promptly cease construction activities with respect to such deleted Work. Added or revised Work shall be performed under the applicable conditions of the Contract Documents. Nothing in this paragraph shall obligate Design-Builder to undertake work that Design-Builder reasonably concludes cannot be performed in a manner consistent with Design-Builder’s safety or professional obligations under the Contract Documents or Laws and Regulations.

11.03 Unauthorized Changes in the Work

A. Design-Builder shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents, as duly amended, except in the case of an emergency as provided in Paragraph 7.16, or in the case of uncovering Construction as provided in Paragraph 13.03.A.3.

11.04 Changes Involving the Design

A. To the extent a change, whether proposed by Design-Builder or Owner, ordered by Owner, or set forth in a proposed Change Order or in a Work Change Directive, involves the design (as set forth in the Construction Drawings, Construction Specifications, or otherwise) or other engineering or technical matters, such changes must be reviewed and approved by the applicable Project Design Professional. The review and approval may occur at the time the change occurs, or as part of Design-Builder’s provision of Professional Design Services in response to the change.

11.05 Change of Contract Price

A. The Contract Price may only be changed by a Change Order. Any Claim regarding an adjustment in the Contract Price shall be presented by written notice to the other party in accordance with Paragraph 16.01.

B. If the Contract Price is based on Cost of the Work, then the provisions in the Agreement regarding Cost of the Work and changes in the Design-Builder’s fee, Contract Price, Guaranteed Maximum Price, and Guaranteed Maximum Fee apply.



C. The value of any Work covered by a Change Order or of any adjustment in the Contract Price will be determined as follows:

1. Where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 12.02); or

2. Where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 11.05.D); or

3. Where the Work involved is not covered by unit prices contained in the Contract Documents, and agreement to a lump sum is not reached under Paragraph 11.05.C.2, then on the basis of the Cost of the Work for price adjustments (determined as provided in the Cost of the Work provisions in the Agreement, if applicable, or in Paragraph 12.01), plus a Design-Builder’s Fee for overhead and profit (determined as provided in Paragraph 11.05.D).

D. Design-Builder’s Fee: The Design-Builder’s fee for overhead and profit on Change Orders shall be determined as follows:

1. A mutually acceptable fixed fee; or

2. If a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work, plus a contingency amount as agreed to by the Parties in advance of such work:

a. For costs incurred under Paragraph 12.01.B.1.a. 12.01.B.2, the Design-Builder’s fee shall be 15 percent;

b. For costs incurred under Paragraph 12.01.B.1.a., 12.01.B.3, 12.01.B.4, 12.01.B.5, and 12.01.B.6, the Design-Builder’s fee shall be 5 percent;

c. With respect to Construction Subcontracts, where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of this Contract is that the Design-Builder’s fee shall be based on: (1) a fee of 15 percent of the costs incurred under Paragraph 12.01 by the subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Design-Builder itself, and to any Construction Subcontractors of a tier higher than that of the Construction Subcontractor that actually performs the Work, a fee of 5 percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Construction Subcontractor; provided, however, that for any such subcontracted work the maximum total fee to be paid by Owner shall be no greater than 27 percent of the costs incurred by the Construction Subcontractor that actually performs the Work;

d. With respect to Design Agreements, the Engineer or other invoicing Project Design Professional under a Design Agreement may add a fee of 5 percent to an invoice from a lower tier design entity , and Design-Builder may add a fee of 5 percent to an invoice from Engineer or other invoicing Project Design Professional; Owner shall not be responsible for any other mark-up at any tier (other than those incorporated in a factor, multiplier, hourly rate, or stipulated sum from the entity performing the subject Design Professional Services);



e. No fee will be payable on the basis of costs itemized in Paragraph 12.01.B.7 or 12.01.C;

f. The amount of credit to be allowed by Design-Builder to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Design-Builder’s fee by an amount equal to 5 percent of such net decrease; and

g. When both additions and credits are involved in any one change, the adjustment in Design-Builder’s fee shall be computed on the basis of the net change in accordance with Paragraphs 11.05.D.2.a through 11.05.D.2.e., inclusive.

11.06 Change of Contract Times

A. The Contract Times may only be changed by a Change Order. Any Claim regarding an adjustment of the Contract Times shall be presented by written notice to the other party pursuant to Paragraph 16.01.

11.07 Execution of Change Orders

A. Owner and Design-Builder shall execute appropriate Change Orders covering:

1. Changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive;

2. Changes in Contract Price resulting from an Owner set-off, unless Design-Builder has duly contested such set-off;

3. Changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b) required because of Owner’s correction of defective Work under Paragraph 13.05 or Owner’s acceptance of defective Work under Paragraph 13.07, or (c) agreed to by the parties (all subject to the need for review and approval by the applicable Project Design Professional pursuant to Paragraph 11.04); and

4. Changes in the Contract Price or Contract Times, or other changes, which embody the substance of any final and binding results under Article 16.

B. If Owner or Design-Builder refuses to execute a Change Order that is required to be executed under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as if fully executed.

11.08 Notice to Sureties

A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be Design-Builder’s responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change.



ARTICLE 12 – COST OF THE WORK ADJUSTMENTS; UNIT PRICE WORK

12.01 Cost of the Work

A. Costs of the Work Adjustment: When the price of Work covered by a Change Order or an adjustment in Contract Price is to be determined on the basis of Cost of the Work, the Cost of the Work adjustment means the sum of all costs necessarily incurred and paid by Design-Builder in the proper performance of the specific portion of the Work. The costs to be reimbursed to Design-Builder will be only those additional or incremental costs required because of the change of the Work or because of the event giving rise to the adjustment. If the Agreement contains Cost of the Work provisions, such provisions shall govern in determining the Cost of the Work for Change Order or adjustment purposes. If the Agreement does not contain Cost of the Work provisions, then the provisions in Paragraph 12.01 shall apply.

B. Costs Included: The Cost of the Work adjustment does not include any of the costs itemized in Paragraph 12.01.C, and shall include only the following items with respect to the subject Work:

1. Payroll cost for employees in the direct employ of Design-Builder in the performance of the subject Work, under schedules of job classifications agreed upon by Owner and Design-Builder in advance of such performance.

a. Such employees shall include without limitation superintendents, foremen, and other personnel employed full-time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the subject Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, vacation, and holiday pay applicable thereto. The expenses of performing the subject Work outside the hours or days permitted by this Contract shall be included in the above to the extent such performance of Work is authorized by Owner.

b. Such employees shall also include engineers, engineering technicians, architects, and others providing Design Professional Services as employees of Design-Builder. For purposes of this Paragraph 12.01.B.1.b, Design-Builder shall be entitled to payment for such employees an amount equal to salary costs times 3.5, for services in the performance of the subject Work.

2. Cost of all materials and equipment furnished and incorporated in the subject Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts shall accrue to Design-Builder unless Owner deposits funds with Design-Builder with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates, and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Design-Builder shall make provisions so that they may be obtained.

3. Cost of permits obtained by Design-Builder.

4. Payments made by Design-Builder to Construction Subcontractors for subject Work performed or furnished by such Construction Subcontractors. If any subcontract provides that the Construction Subcontractor is to be paid on the basis of Cost of the



Work plus a fee, the Construction Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Design-Builder’s Cost of the Work and fee.

5. Payments made by Design-Builder for Design Professional Services provided or furnished with respect to the subject Work under a Design Agreement.

6. Costs of special consultants (not including Project Design Professionals), including but not limited to testing laboratories, attorneys, and accountants, retained for services specifically related to the subject Work.

7. Supplemental costs including the following items:

a. The proportion of necessary transportation, travel, and subsistence expenses of Design-Builder’s employees incurred in discharge of duties connected with the Work.

b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the Site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed that remain the property of Design-Builder.

c. Rentals of all construction or engineering equipment and machinery, and their parts, whether rented from Design-Builder or from others in accordance with rental agreements approved by Owner, and the costs of transportation, loading, unloading, installation, dismantling and removal of such equipment, machinery, and parts. All such costs shall be in accordance with the terms of such rental agreements. The rental of any such equipment, machinery, or parts shall cease when its use is no longer necessary for the Work.

d. Sales, consumer, use, and other similar taxes related to the subject Work, and for which Design-Builder is liable, imposed by Laws or Regulations.

e. Deposits lost for causes other than negligence of Design-Builder, any Construction Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses.

f. Losses, damages, and related expenses caused by damage to the subject Work not compensated by insurance or otherwise, sustained by Design-Builder in connection with the furnishing and performance of the Work provided they have resulted from causes other than the negligence of Design-Builder, any Construction Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Design-Builder’s fee.

g. The cost of utilities, fuel, and sanitary facilities at the Site, as applicable to the subject Work.

h. Minor expenses such as long-distance telephone calls, telephone service at the Site, express and courier services, and similar petty cash items in connection with the Work.



i. Cost of premiums for all Bonds and insurance Design-Builder is required by the Contract Documents to purchase and maintain.

C. Costs Excluded: The term Cost of the Work shall not include any of the following items(The exclusions provided for in C.1 and C.2 shall not be applicable to personnel whose efforts are directly related to the Work and agreed to by Design-Builder and Owner in advance of the Work).

1. Payroll costs and other compensation of Design-Builder’s officers, executives, principals (of partnerships and sole proprietorships), general managers, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Design-Builder whether at the Site or in Design-Builder’s principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 12.01.B.1, all of which are to be considered administrative costs covered by the Design-Builder’s fee.

2. Expenses of Design-Builder’s principal and branch offices other than Design-Builder’s office at the Site.

3. Any part of Design-Builder’s capital expenses, including interest on Design-Builder’s capital employed for the subject Work and charges against Design-Builder for delinquent payments.

4. Costs due to the negligence of Design-Builder, any Construction Subcontractor, Engineer or other Project Design Professionals, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property.

5. Other overhead or general expense costs of any kind, and the costs of any item not specifically and expressly included in Paragraph 12.01.B.

D. Design-Builder’s Fee: When the value of the Work covered by a Change Order is determined on the basis of Cost of the Work, Design-Builder’s fee shall be determined as set forth in Paragraph 11.05.D.

E. Documentation: Whenever the cost of any Work is to be determined pursuant to Paragraph 12.01.B and 12.01.C, Design-Builder will establish and maintain cost records in accordance with generally accepted accounting practices and submit in a form acceptable to Owner an itemized cost breakdown together with supporting data.

12.02 Unit Price Work

A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all of Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Design-Builder will be made by Owner.



B. If Design-Builder’s compensation is based on Cost of the Work, this Contract will not include compensation under unit prices unless expressly stated otherwise.

C. Each unit price will be deemed to include an amount considered by Design-Builder to be adequate to cover Design-Builder’s overhead and profit for each separately identified item.

D. Design-Builder or Owner may seek an adjustment in the Contract Price if:

1. The quantity of any item of Unit Price Work performed by Design-Builder differs materially and significantly from the estimated quantity of such item indicated in the Agreement;

2. Such an adjustment would not duplicate, and is coordinated with, any other related adjustments of Contract Price; and

3. Design-Builder has incurred additional expense, or less expense, as a result of the variation in quantity.

ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE CONSTRUCTION

13.01 Access to Construction

A. Owner, Owner’s Consultant, Owner’s Site Representative, and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Construction at reasonable times for their observation, inspecting, and testing. Design-Builder shall provide them proper and safe conditions for such access and advise them of Design-Builder’s Site safety procedures and programs so that they may comply therewith as applicable.

13.02 Tests, Inspections, and Approvals

A. Design-Builder shall be responsible for arranging, obtaining, and paying for all inspections and tests required:

1. By the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to Owner;

2. By Laws and Regulations, unless the Contract Documents or Laws and Regulations expressly allocate responsibility for a specific inspection or test to Owner;

3. To attain Owner’s acceptance of materials or equipment to be incorporated in the Construction;

4. By manufacturers of equipment furnished under the Contract Documents;

5. To meet the requirements of the Construction Drawings and Construction Specifications;

6. For testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Construction; and

7. For acceptance of materials, mix designs, or equipment submitted for approval prior to Design-Builder’s purchase thereof for incorporation in the Construction.

B. Owner shall be responsible for arranging, obtaining, and paying for all inspections and tests expressly required by the Contract Documents or Laws and Regulations to be furnished and paid for by Owner, except that costs incurred in connection with tests or



inspections of covered Construction shall be governed by the provisions of Paragraph 13.03.

C. All inspections and tests shall be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to Owner and Design-Builder.

D. If the Contract Documents require the Construction (or part thereof) to be approved by Owner or another designated individual or entity, then Design-Builder shall assume full responsibility for arranging and obtaining such approvals.

E. Design-Builder shall give Owner reasonable notice of the planned schedule for all required inspections, tests, and approvals.

F. Design-Builder shall give Owner timely notice of readiness of the Construction (or specific parts thereof) for all required inspections and tests, and shall cooperate with inspection and testing personnel to facilitate required inspections and tests.

G. Each party shall provide the other with copies of any certificates of inspection or approval obtained with respect to tests and inspections.

H. Both parties may rely on the results of inspections and tests, performed pursuant to this paragraph and the governing provisions of the Contract Documents, Laws and Regulations, and the Construction Drawings and Construction Specifications.

I. If any Construction that is required to be inspected, tested, or approved by the Contract Documents, by permit requirements, or by regulatory direction, is covered by Design-Builder without written concurrence of Owner, then Design-Builder shall, if requested by Owner, uncover such Construction for observation. Such uncovering shall be at Design-Builder’s expense unless Design-Builder has given Owner timely notice of Design-Builder’s intention to cover the same and Owner has not acted with reasonable promptness in response to such notice.

J. Requirements for Performance Testing and Acceptance are described in Exhibit E-7 Requirements for Performance Testing and Acceptance

13.03 Uncovering Construction

A. If Owner considers it necessary or advisable that covered Construction be observed by Owner or inspected or tested by others, then Design-Builder, at Owner’s request, shall uncover, expose or otherwise make available for observation, inspection, or testing, as Owner may require, that portion of the Construction in question, furnishing all necessary labor, material, and equipment.

1. If the Construction had been covered contrary to the written request of Owner or a requirement of the Contract Documents, then uncovering it for Owner’s observation and re-covering it shall be at Design-Builder’s expense, regardless of whether it is defective.

2. If it is found that the covered Construction is defective, Design-Builder shall pay all costs and damages caused by or resulting from such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement, re-covering, or reconstruction (including but not limited to all fees and charges of engineers, architects, and all costs



of repair or replacement of work of others); or Owner shall be entitled to an appropriate decrease in the Contract Price to account for such costs.

3. If the covered Construction is not found to be defective, Design-Builder shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, re-covering, and reconstruction, subject to the provisions of Paragraph 13.03.A.1.

13.04 Defective Construction

A. It is Design-Builder’s obligation to assure that the Construction is not defective.

B. Owner shall give Design-Builder prompt written notice of all defective Construction of which Owner has actual knowledge. Owner may reject, accept, or correct defective Construction.

C. Promptly after receipt of written notice of defective Construction, unless Owner expressly indicates that it will accept the defective Construction, Design-Builder shall correct all such defective Construction, whether or not fabricated, installed, or completed; or, if Owner has rejected the defective Construction, remove it from the Project and replace it with Construction that is not defective.

D. When correcting defective Construction, Design-Builder shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Construction.

13.05 Owner May Correct Defective Construction

A. If Design-Builder fails within a reasonable time after written notice from Owner to correct defective Construction or to remove and replace rejected Construction, or if Design-Builder fails to perform the Construction in accordance with the Contract Documents, or if Design-Builder fails to comply with any other provision of the Contract Documents, Owner may, after 7 days’ written notice to Design-Builder and affording the Design-Builder 14 days to commence to cure or submit a corrective action plan, correct and remedy any such deficiency.

B. In exercising the rights and remedies under this Paragraph 13.05 Owner shall proceed expeditiously. In connection with such corrective and remedial action, Owner may exclude Design-Builder from all or part of the Site, take possession of all or part of the Construction, and suspend Design-Builder’s services related thereto, and incorporate in the Construction all materials and equipment stored at the Site or for which Owner has paid Design-Builder but which are stored elsewhere. Design-Builder shall allow Owner, Owner’s Consultant, Owner’s Site Representative, and Owner’s other representatives, agents, employees, and contractors, access to the Site to enable Owner to exercise the rights and remedies under this paragraph.

13.06 Costs

A. Design-Builder shall bear all costs arising out of or relating to the correction, removal, or replacement of defective Construction, including but not limited to repair of adjacent Work or property; delay costs and impacts; fees and charges of engineers, architects,



B. All costs, losses, and damages (included but not limited to fees and charges of engineers, architects, and all costs of repair or replacement of work of others) incurred or sustained by Owner in exercising its rights and remedies arising from defective Construction under this Article will be charged against Design-Builder, and may be set-off against payment.

C. Design-Builder shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to defective Construction.

13.07 Owner’s Acceptance of Defective Construction

A. If, instead of requiring correction or removal and replacement of defective Construction, Owner prefers to accept it, Owner may do so. If such acceptance is proposed prior to final payment, it shall be subject to confirmation by the applicable Project Design Professional that such acceptance is in general accord with the design intent and applicable engineering principles and will not endanger public safety. Design-Builder shall pay all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner’s evaluation of and determination to accept such defective Construction. If any such acceptance occurs prior to final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents, and Owner shall be entitled to an appropriate decrease in the Contract Price reflecting the diminished value of the Construction so accepted.

13.08 Owner May Stop Construction

A. If Construction is defective, or Design-Builder fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform Construction in such a way that the completed Construction will conform to the Contract Documents, Owner may order Design-Builder to stop Construction or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop Construction will not give rise to any duty on the part of Owner to exercise this right for the benefit of Design-Builder or any other party.

ARTICLE 14 – PAYMENTS TO DESIGN-BUILDER; COMPLETION

14.01 Progress Payments

A. Basis for Progress Payments: The Schedule of Values established as provided in Paragraph 2.04 will serve as the basis for progress payments. Progress payments on account of Unit Price Work will be based on the number of units completed.

B. Application for Progress Payment: On or about the date established in the Agreement for submission of each application for progress payment (but not more often than once a month), Design-Builder shall submit to Owner for review an Application for Payment filled out and signed by Design-Builder covering the Work completed as of the date indicated on the Application and accompanied by supporting documentation as required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and



equipment are covered by appropriate property insurance and other arrangements to protect Owner’s interest therein, all of which will be satisfactory to Owner.

C. Payment of Obligations:

1. Beginning with the second Application for Payment, each Application shall include an affidavit of Design-Builder stating that all previous progress payments received on account of the Work have been applied on account to discharge Design-Builder’s legitimate obligations associated with prior Applications for Payment.

2. If Design-Builder contends that it has withheld payment of underlying obligations for good cause, then Design-Builder shall inform Owner of the identity of the entity from which Design-Builder has withheld payment, the amount of the withholding, and the reason for the withholding.

D. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. No payments will be made that would deplete the retainage, place in escrow any funds that are required for retainage or invest the retainage for the benefit of the Design-Builder.

E. Review of Applications:

1. Owner will, within 10 days of receipt of each Application for Payment, either indicate in writing its acceptance of the Application and state that the Application is being processed for payment, or return the Application to Design-Builder indicating in writing its reasons for refusing to accept the Application.

F. Not more than 20 days after accepting such Application the amount will become due and when due will be paid by Owner to Design-Builder.

1. If Owner should fail to pay Design-Builder at the time the payment of any amount becomes due, then Design-Builder may, at any time thereafter, upon serving written notice that he will stop the Work within 7 days after receipt of the notice by Owner, and after such 7-day period, stop the Work until payment of the amount owing has been received. Written notice shall be deemed to have been duly served if sent by certified mail to the last known business address of Owner.

2. Payments due but unpaid shall bear interest at the rate specified in the Agreement.

3. No Progress Payment nor any partial or entire use or occupancy of the Project by Owner shall constitute an acceptance of any Work not in accordance with the Contract Documents.

G. Reduction in or Refusal to Make Payment:

1. Owner may impose a set-off against the whole or any part of any such payment, or nullify any previous payment because of subsequently discovered evidence or the results of subsequent inspections or tests, to the extent that is reasonably necessary to protect Owner from loss because:

a. Claims have been made against Owner on account of Design-Builder’s wrongful conduct in the performance or furnishing of the Work, or Owner has incurred costs, losses, or damages on account of Design-Builder’s conduct in the performance or furnishing of the Work, including but not limited to claims, costs, losses, or damages



from breach of warranty, workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, and patent infringement;

b. Design-Builder has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site;

c. Design-Builder has failed to provide and maintain required bonds or insurance;

d. Owner has been required to remove or remediate a Hazardous Environmental Condition for which Design-Builder is responsible;

e. Owner has incurred extra charges or engineering costs related to submittal reviews, evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities caused in whole or in part by Design-Builders failure to meet contractual requirements;

f. The Construction is defective, requiring correction or replacement;

g. Owner has been required to correct defective Construction in accordance with Paragraph 13.05, or has accepted defective Construction pursuant to Paragraph 13.07;

h. The Contract Price has been reduced by Change Orders;

i. An event that would constitute a default by Design-Builder and therefore justify a termination for cause has occurred;

j. Liquidated damages, special damages, or performance damages have accrued under the Contract Documents as a result of Design-Builder’s failure to achieve Milestones, Substantial Completion, final completion of the Work, or performance requirements, as applicable;

k. Liens have been filed in connection with the Work, except where Design-Builder has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such liens; or

l. There are other items entitling Owner to a set off against the amount recommended.

2. If Owner imposes any set-off against payment, Owner will give Design-Builder immediate written notice stating the reasons for such action and the specific amount of the reduction, and promptly pay Design-Builder any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Design-Builder the amount so withheld, or any adjustment thereto agreed to by Owner and Design-Builder, if Design-Builder remedies the reasons for such action. The reduction imposed shall be binding on Design-Builder unless it duly presents a written notice of Claim contesting the reduction.

14.02 Design-Builder’s Warranty of Title

A. Design-Builder warrants and guarantees that title to all Construction, materials, and equipment covered by any Application for Payment, whether already incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens.



14.03 Substantial Completion

A. When Design-Builder considers the Work ready for its intended use Design-Builder shall notify Owner in writing that the Work is substantially complete (except for items specifically listed by Design-Builder as incomplete) and request that Owner issue a certificate of Substantial Completion. Promptly thereafter, Owner and Design-Builder shall make an inspection of the Work to determine the status of completion. If Owner does not consider the Work substantially complete, Owner will notify Design-Builder in writing giving the reasons therefor.

B. If Owner considers the Work substantially complete:

1. Owner and Design-Builder will confer regarding Owner’s use or occupancy of the Work following Substantial Completion, review the builder’s risk insurance policy with respect to the end of the builder’s risk coverage, and confirm the transition to coverage of the Work under a permanent property insurance policy held by Owner. Unless Owner and Design-Builder agree otherwise in writing, Owner shall bear responsibility for security, operation, protection of the Work, property insurance, maintenance, heat, and utilities upon Owner’s use or occupancy of the Work.

2. Owner will prepare and deliver to Design-Builder a certificate of Substantial Completion which shall fix the date of Substantial Completion. Owner shall attach to the certificate a punch list of items to be completed or corrected before final payment.

C. After Substantial Completion the Design-Builder shall promptly begin work on the punch list of items to be completed or corrected prior to final payment. In appropriate cases Design-Builder may submit monthly Applications for Payment for completed punch list items, following the progress payment procedures set forth above.

D. Owner shall have the right to exclude Design-Builder from the Site after the date of Substantial Completion subject to allowing Design-Builder reasonable access to remove its property and complete or correct items on the punch list.

E. Design-Builder shall have care, custody and control of the Work and risk of loss for damage to the Work until Substantial Completion. With respect to damage caused by flood, Design-Builder shall only be responsible for damages up to $50,000,000. Owner shall be responsible for, and bear risk of loss, for all damage caused by flood in excess of $50,000,000. At Substantial Completion, care, custody and control of the Work and risk of loss for damage to the Work shall transfer to Owner. After Substantial Completion, Design-Builder’s liability for damage to the Work (excluding its duty to correct defects in the Work through the Correction Period) shall be limited to $1,000,000 per occurrence.

14.04 Partial Use or Occupancy

A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Construction which (1) has specifically been identified in the Contract Documents, or (2) Owner and Design-Builder agree constitute a separately functioning and usable part of the Construction that can be used by Owner for its intended purpose. This agreement must include satisfaction of all steps identified in the approved Performance, Acceptance and Testing Plan. This approved, substantially complete Construction cannot cause significant interference with Design-Builder’s performance of the remainder of the Construction, subject to the following:



1. Owner at any time may request Design-Builder in writing to permit Owner to use or occupy any such part of the Construction that Owner believes to be ready for its intended use and substantially complete. If Design-Builder agrees that such part of the Work is substantially complete, Design-Builder and Owner will follow the procedures of Paragraph 14.03 for that part of the Construction.

2. Design-Builder at any time may notify Owner in writing that Design-Builder considers any such part of the Work ready for its intended use and substantially complete and request Owner to issue a certificate of Substantial Completion for that part of the Work.

3. Within a reasonable time after either such request, Owner and Design-Builder shall make an inspection of that part of the Work to determine its status of completion. If Owner does not consider that part of the Work to be substantially complete, Owner will notify Design-Builder in writing giving the reasons therefor. If Owner considers that part of the Work to be substantially complete, the provisions of Paragraph 14.03 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. In addition, any retainage related to that part of the Work considered substantially complete shall be released except for 150% of the value of that part of the Work which is incomplete or unsatisfactory.

4. No use or occupancy of part of the Construction will be accomplished prior to compliance with the requirements of Paragraph 6.05 regarding property insurance.

14.05 Final Inspection

A. Upon written notice from Design-Builder that the entire Work or an agreed portion thereof is complete, Owner will make a final inspection with Design-Builder and will notify Design-Builder in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Design-Builder shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

14.06 Final Payment

A. Application for Payment:

1. After Design-Builder has completed all such corrections to the satisfaction of Owner and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance, certificates of inspection, and Record Documents, Design-Builder may make application for final payment following the procedure for progress payments.

2. The final Application for Payment shall be accompanied (unless previously delivered) by:

a. All documentation called for in the Contract Documents;

b. Consent of the surety, if any, to final payment;

c. Satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any Liens or other title defects, or will so pass upon final payment;

d. A list of all disputes that Design-Builder believes are unsettled; and

e. Complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work.



3. In lieu of such releases or waivers of Liens specified in Paragraph 14.06.A.2, and as approved by Owner, Design-Builder may furnish receipts or releases in full and an affidavit of Design-Builder that: (a) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed, and (b) all payrolls, material and equipment bills and other indebtedness connected with the Work for which Owner might in any way be responsible, or which in any way might result in liens or other burdens on Owner’s property, have been paid or otherwise satisfied. If any Project Design Professional, Construction Subcontractor, or Supplier fails to furnish such a release or receipt in full, Design-Builder may furnish a Bond or other collateral satisfactory to Owner to indemnify Owner against any Lien.

B. Final Payment and Acceptance: If Owner is satisfied that the Work has been completed and Design-Builder’s other obligations under the Contract Documents have been fulfilled, Owner will, within 10 days after receipt of the final Application for Payment, give written notice to Design-Builder that the Work is acceptable. Otherwise, Owner will return the Application to Design-Builder, indicating in writing the reasons for refusing to process final payment, in which case Design-Builder shall make the necessary corrections and resubmit the Application.

C. Completion of Work: The Work is complete (subject to surviving obligations) when it is ready for final payment.

D. Payment Becomes Due: The undisputed amount will become due and will be paid by Owner to Design-Builder 30 days after the presentation to Owner of the acceptable Application and accompanying documentation, in appropriate form and substance and with Owner’s notice of acceptability.

14.07 Waiver of Claims

A. The making of final payment will not constitute a waiver by Owner of claims or rights against Design-Builder. Owner expressly reserves claims and rights arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.05, from Design-Builder’s failure to comply with the Contract Documents or the terms of any special guarantees specified therein, from unresolved disputes or Claims presented by Owner, or from Design-Builder’s continuing obligations under the Contract.

B. The acceptance of final payment by Design-Builder will constitute a waiver by Design-Builder of all claims and rights against Owner other than those pending matters that have been duly submitted to dispute resolution under the provisions of Article 16.

14.08 Correction Period

A. If within two years after the date of Substantial Completion of the entire Work or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Construction is found to be defective, Design-Builder shall promptly, without cost to Owner and in accordance with Owner’s written instructions, (1) correct such defective Construction, or, if it has been rejected by Owner, remove it from the Site and replace it with Construction that is not defective, and (2) satisfactorily correct or remove and replace any damage to other Construction or the work of others resulting therefrom. If Design-Builder does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of



loss or damage, Owner may have the defective Construction corrected or the rejected Construction removed and replaced, and all costs, losses, and damages caused by or resulting from such removal and replacement (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, all court or arbitration or other dispute resolution costs, and all costs of repair or replacement of work of others) will be paid by Design-Builder.

B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Conceptual Documents.

C. Where defective Construction (and damage to other Construction resulting therefrom) has been corrected, or removed or replaced, under this Paragraph 14.08, the correction period hereunder with respect to such Construction will be extended for an additional period of two years after such correction or removal and replacement has been satisfactorily completed.

D. THE OBLIGATIONS CONTAINED IN THIS SECTION AND THE TWO YEAR PROMISE TO UNDERTAKE CORRECTIVE WORK GOVERN AND SUPERSEDE ANY OTHER TERMS IN THIS AGREEMENT THAT ADDRESS WARRANTIES, GUARANTEES, OR THE QUALITY OF THE WORK AND ARE DESIGN BUILDER’S SOLE WARRANTY AND GUARANTEE OBLIGATIONS AND OWNER’S EXCLUSIVE REMEDIES WITH RESPECT TO DEFECTS AND DEFICIENCIES IN THE WORK. DESIGN BUILDER MAKES NO OTHER WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE THAT ARE EXPRESSLY DISCLAIMED AND WAIVED. DESIGN BUILDER SHALL HAVE NO WARRANTY OBLIGATION OR LIABILITY FOR DEFECTS IN THE WORK CAUSED BY OWNER’S IMPROPER OPERATION (EXCLUDING IMPROPER OPERATION DONE AT THE DIRECTION OF DESIGN-BUILDER) OR MAINTENANCE OF THE FACILITY, ALTERATIONS THAT ARE NOT IN COMPLIANCE WITH THE GUIDELINES OF THE ORIGINAL EQUIPMENT MANUFACTURER, AND ANY EVENT OF FORCE MAJEURE. THE FOREGOING SHALL NOT LIMIT ANY MANUFACTURER’S WARRANTY PASSED THROUGH TO OWNER.

ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION

15.01 Owner May Suspend Work

A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 days by notice in writing to Design-Builder, which will fix the date on which Work will be resumed. Design-Builder shall resume the Work on the date so fixed. Design-Builder shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension.

15.02 Owner May Terminate for Cause

A. The occurrence of any one or more of the following events justifies termination for cause:

1. Design-Builder’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, or Design- Builder has reached the maximum amount



the Owner can assess for delay liquidated damages for failure to meet the Substantial Completion date.

2. Design-Builder’s disregard of Laws or Regulations of any public body having jurisdiction.

3. Design-Builder’s violation in any substantial way of material provisions of the Contract Documents.

B. If one or more of the events identified in Paragraph 15.02.A occurs, Owner may, after giving Design-Builder (and the surety, if any) 14 days’ written notice, terminate the services of Design-Builder, take possession of any completed Design Submittals prepared by or for Design-Builder (subject to the limited license and indemnification provisions of Paragraph 3.04), exclude Design-Builder from the Site, take possession of the Work, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Design-Builder but which are stored elsewhere, and finish the Work as Owner may deem expedient. In such case Design-Builder shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all costs, losses and damages sustained by Owner arising out of or resulting from completing the Work (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) such excess will be paid to Design-Builder. If such costs, losses and damages exceed such unpaid balance, Design-Builder shall pay the difference to Owner. Such costs, losses and damages incurred by Owner will be incorporated in a Change Order. When exercising any rights or remedies under this paragraph Owner shall not be required to obtain the lowest price for the Work performed.

C. Notwithstanding Paragraph 15.02.B, Design-Builder’s services will not be terminated if Design-Builder begins, within 7 days of receipt of notice of intent to terminate, to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice.

D. Where Design-Builder’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Design-Builder then existing or which may thereafter accrue. Any retention or payment of moneys due Design-Builder by Owner will not release Design-Builder from liability.

15.03 Owner May Terminate for Convenience

A. Upon 7 days’ written notice to Design-Builder, Owner may, without cause and without prejudice to any other right or remedy of Owner, elect to terminate the Contract. In such case, Design-Builder shall be paid (without duplication of any items) for:

1. Completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work;

2. Expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;

3. Amounts paid in settlement of terminated contracts with Project Design Professionals, Construction Subcontractors, Suppliers and others (including but not limited to all fees



and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs incurred in connection with such terminated contracts); and

4. Reasonable expenses directly attributable to termination.

B. Design-Builder shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination.

15.04 Design-Builder May Stop Work or Terminate

A. If, through no act or fault of Design-Builder, the Work is suspended for a period of more than 90 days by Owner or under an order of court or other public authority, Owner fails to act on any Application for Payment within 30 days after it is submitted, or Owner fails for 30 days to pay Design-Builder any undisputed sum , then Design-Builder may, upon 7 days’ written notice to Owner, and provided Owner does not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03.A. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Owner has failed for 30 days to pay Design-Builder any undisputed sum, Design-Builder may upon 7 days’ written notice to Owner stop the Work until payment is made of all such amounts due Design-Builder, including interest thereon. The provisions of this paragraph are not intended to preclude Design-Builder from obtaining an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Design-Builder’s stopping Work as permitted by this paragraph.

ARTICLE 16 – DISPUTES

16.01 Methods and Procedures

A. Notice of Claim: If Owner and Design-Builder are not in agreement regarding a proposed or requested Change Order, other proposed adjustment of Contract Price or Contract Times, a Work Change Directive issued by Owner, or any other relief proposed or requested under the Contract, then either party may provide written notice of a Claim to the other party. Such notice of Claim shall be given within 90 days of: the proposal or request for a Change Order; such other proposed adjustment of Contract Price or Contract Times; the issuance of the Work Change Directive; or the proposal or request for other relief under the Contract. The notice of Claim shall be given within the 90 days regardless of whether the other party has responded to such proposal, request, or issuance, and regardless of whether discussions or negotiations are in progress; provided, however, that the parties may extend the time to give such notice of Claim by mutual written agreement. The notice of Claim shall include a statement of position, specification of the remedy sought, and supporting documentation.

B. Response: Within 30 days of the date of notice of Claim, the receiving party shall respond with a written statement of position and any supporting documentation.

C. Direct Negotiations: Owner and Design-Builder agree to directly negotiate all Claims between them in good faith for a period of 60 days from the date of notice of Claim.

D. Mediation: If direct negotiations are unsuccessful in resolving a Claim, then Owner and Design-Builder shall submit the unsettled Claim to mediation by a mutually agreeable mediator or mediation service. Owner and Design-Builder agree to participate in the



mediation process in good faith. The process shall be conducted on a confidential basis, and shall be completed within 120 days.

1. The fees and expenses, including filing fees, of the mediator and any mediation service shall be shared equally by Owner and Design-Builder.

2. The mediation shall be held in the locality where the Project is located, unless another location is mutually agreed upon by the parties.

3. A settlement (if any) resulting from such mediation will be specifically enforceable under the prevailing law, by any court having jurisdiction.

4. Participation in the mediation process in good faith is a condition precedent to commencing final or binding dispute resolution.

E. If mediation is unsuccessful in resolving a Claim, then within 120 days of the completion of the mediation the claimant may give notice to the other that the claimant will seek to have the dispute resolved by a court of competent jurisdiction. Failure by claimant to give such notice in a timely manner shall result in a waiver of the Claim.

ARTICLE 17 – MISCELLANEOUS

17.01 Giving Notice

A. Whenever any provision of the Contract Documents requires the giving of written notice to the other party to this Contract, it will be deemed to have been validly given if delivered to the Authorized Representative of the other party:

1. In person, by a commercial courier service or otherwise; or

2. By registered or certified mail, postage prepaid; or

3. By e-mail, with the words “Formal Notice” or similar in the e-mail’s subject line.

17.02 Computation of Times

A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation.

17.03 Cumulative Remedies

A. Unless expressly stated otherwise in this Contract, the duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, or waiver of, any rights and remedies available to any or all of them which are otherwise imposed or available by:

1. Laws or Regulations; or

2. Any special warranty or guarantee; or

3. Other provisions of the Contract.

B. The provisions of Paragraph 17.03.A will be as effective as if repeated specifically in the Contract in connection with each particular duty, obligation, right and remedy to which they apply.



C. The parties’ respective rights and remedies are separate and cumulative. No consent by the Owner, expressed or implied, to any breach of the Contract or waiver or failure to exercise in any respect any right or remedy provided under this Contract by that party waives or bars any future right or remedy hereunder or available at common law.

D. Neither the Owner’s review, approval or acceptance or, nor payment for, any of the Work or services required to be performed by the Design-Builder under this Contract shall be construed to operate as a waiver of any right under this Contract or any cause of action arising out of the performance of this Contract.

17.04 Limitation of Damages

A. With respect to this Contract and any and all Claims and other matters at issue, Owner shall not be liable to Design-Builder for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Design-Builder on or in connection with any other project or anticipated project.

B. Except as explicitly provided herein, in no event shall either Party be liable to the other in tort, in contract, or under another legal theory of liability for any incidental, special, indirect, consequential, or punitive damages of any kind, including, without limitation, claims for lost profits or loss of goodwill, even if that Party has been advised of the possibility of such damages, by reason of any breach or default under this Contract. This Paragraph shall not be interpreted to affect in any way Design-Builder’s obligations with respect to a third party.

17.05 No Waiver

A. 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 Contract.

17.06 Survival of Obligations

A. All representations, indemnifications, insurance requirements, warranties and guarantees made in, required by or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract and rights under any bonds delivered under the Contract, will survive final payment, completion and acceptance of the Work and termination or completion of the Contract.

17.07 Controlling Law

A. The laws of the State of Kansas will govern the construction and operation of and the remedies available under this Contract. Venue for any lawsuit arising under or related to this Contract shall be before the Eighteenth Judicial District Court of Kansas (Sedgwick County, Kansas) or the United States District Court for the District of Kansas sitting in Wichita, Kansas.

17.08 Headings

A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions.

17.09 Other

A. Subject to Article 15.04, in the event any dispute arises under this Contract and during the time such dispute is being resolved, Design-Builder hereby agrees that it shall continue



performance under this Contract in accordance with the terms and conditions hereof Owner shall continue to compensate Design-Builder for all undisputed payment amounts. Design-Builder’s failure to continue expeditious performance due to a dispute arising under this Contract, at the option of the Owner, shall be construed as a material breach of this Contract.

B. Design-Builder and the Owner shall not be obligated to resolve any claim or dispute related to the Contract by arbitration. Any reference to arbitration in Contract Documents is deemed void.

C. This Contract is intended as the complete integration of all prior oral or written understandings between the parties. No prior or contemporaneous additions, deletions or other amendments shall have any force or effect, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion or other amendment hereto shall have any force or effect unless embodied in a written amendatory or other agreement executed by the parties and signed by the signatories to the original Contract or their successors and assigns.

D. Amendments to the Contract shall require approval by the Owner in the manner required by Owner policy.

E. This Contract and any amendments shall be binding upon the parties, their successors and assigns.

F. Cash Basis Law: It is the intent of the parties to adhere to the provisions of the Kansas Cash Basis Law (K.S.A. 10-1101. et seq.) (Cash Basis Law) and the Kansas Budget Law (K.S.A. 79-2925) (Budget Law). Therefore, notwithstanding anything to the contrary herein contained, the Owner’s obligations under this Contract are to be construed in a manner that assures that the Owner is at all times in compliance with the Cash Basis Law and the Budget Law. Accordingly, the Owner’s obligations hereunder will be subject to sufficiency of annual appropriations.

17.10 Limitation of Liability.

A. To the fullest extent permitted by law, and notwithstanding any other provision of this Agreement, the total liability, in the aggregate of Design-Builder its Design Professionals Consultants and Subcontractors,) and their respective officers, directors, employees, and agents, and any of them, to Owner and anyone claiming by, through or under Owner, for any and all claims, losses, liabilities, costs, or damages whatsoever arising out of, resulting from or in any way related to the Project or this Agreement from any cause, including but not limited to the negligence, indemnity, professional errors or omissions, strict liability, breach of contract or warranty (express or implied) shall not exceed the contract value (“Limit on Liability”)under this Agreement. The parties agree that specific consideration has been given by the Design-Builder for this limitation and that it is deemed adequate. If Owner terminates the Project prior to Substantial Completion, Design-Builders Limit on Liability shall be equal to the total compensation actually received under the Agreement.

B. The limitation on liability set forth in this Paragraph 17.10.A will not apply to losses to the extent that:

1. Such Losses are paid by the proceeds of Design-Builder’s project specific Builder’s Risk insurance policy (Paragraph 6.05) or project specific Professional Liability insurance



policy (Paragraph 6.03.I) that Design-Builder is required to purchase pursuant to Paragraph 6.02.N.;

2. Such Losses are incurred under any indemnity pursuant to this Contract but only to the extent such indemnity relates to a claim asserted and/or Losses suffered by any third party for claims arising from death or bodily injury;

3. Such Losses arising out of Design-Builder’s fraud, willful misconduct, criminal conduct, or Gross Negligence.

Exhibit E-1 Basis of Design Report

(To be issued under separate cover)

Exhibit E-2 Preliminary Design Drawings

(To be issued under separate cover)

Exhibit E-3 Work Description

Exhibit E-3 Work Description City of Wichita NWWTF

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Rev 7 FINAL: November 25, 2019

WORK DESCRIPTION

The following Work description consists of two parts: Part 1 is a summary level description of each

treatment plant process and off-site piping configuration and approach. Part 2 is a narrative in CSI

format describing the quantity and quality of Work elements included in the Stipulated Price.

Part I Plant Process Description

The process flow diagram on the following page identifies the optimized configuration of the

treatment facilities. The accompanying narrative is divided by “Areas” that correspond to the

process flow diagram.

Narrative Description of the NWWF

A process flow diagram is provided which illustrates these components and the configuration of the

facility. The final Project will provide a complete and workable facility that meets the performance

requirements identified for the Project.

At the completion of 30% design, after the submittal of the 30% drawing set upon which this design

is based, a value optimization process was implemented with the goal of maintaining desired

functionality and redundancy while meeting the budget. A list of value engineered opportunities,

along with order of magnitude estimates were then presented to the City in the Draft Phase 2

Proposal on 9/12/2019. Subsequently, several meetings and review workshops were held the design-

build staff, City staff, and the Owner’s Site Representative staff to validate and confirm

opportunities. Opportunities selected by City and project team are incorporated into the narrative

below and in the Stipulated Price.

General

The proposed Northwest Water Facility (NWWF) will provide a nominal 120 MGD of firm capacity

and will replace the existing MWTP. The facility will also be capable of a nominal maximum

output of 128 MGD, an average output of 72 MGD, and will have a minimum output of 22 MGD.

The three primary source waters to be conveyed to the facility site via existing pipelines include

wellfield water (WFW) from the Equus Beds Wellfield (EBWF), surface water (SW) from Cheney

Reservoir, and water from the City’s ASR Surface Water Treatment Plant (SWTP). The proposed

NWWF is designed to treat the EBWF, Cheney Reservoir, ASR SWTP, and a variety of

combinations from the sources to meet EPA/KDHE drinking water standards. The facility’s design

is based on it being regulated as a surface water (SW) public water supply facility, like the existing

MWTP. Water from the EBWF will receive no pretreatment ahead of the NWWF. Water from

Cheney Reservoir will be treated with copper ion, ozone, and algaecide/bactericide prior to

conveyance to the NWWF. Water from the ASR SWTP originates as SW and will be treated with

membrane ultrafiltration followed by an advanced oxidation process.

Revised 11-22-19


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Area 10 – Influent Flow Meter and Flow Control Vault

Two transmission lines (SW and WFW) will be connected at their entry to the plant boundary and

provided with insertion magmeters. The SW and WFW sources become hydraulically connected

via cross-connect piping prior to the underground concrete flow control vault. The four flow

control valves (FCVs) within the vault provide pressure reduction and flow control for

downstream processes. Isolation valves and cross connections are provided upstream and

downstream to the flow control vault to provide flexibility and redundancy. Four pipes exit the

flow control vault to convey water to the aeration process and to the influent flow splitter as

bypass flows. An insertion magmeter is provided on the pipeline to aeration to allow for control

of flow rates to the aeration process.

Area 30 – Aerators

A cascade aeration system with a capacity of 60 MGD will be provided to accept blended water

from the FCV vault. The aerators remove carbon dioxide from the influent flow stream. The

system consists of two sets of three aerators, with each set able to be isolated for maintenance.

Two of the four pipes conveying water out of the FCV vault are headered together to convey

water to the aerators via a single pipe. Aerated water is returned to primary flow stream through

a single pipe and blended with bypass water in the influent flow splitter structure.

Area 40 – Influent Splitter Structure

The influent splitter structure is a concrete structure which provides blending for influent flow

and recycle flows in a blending chamber and splits flow to the solids contact clarifiers (SCCs) via

two forebays. Primary flows are conveyed to the influent flow splitter from the influent FCV vault

and aerators. Recycle flows are conveyed to the influent splitter structure from the backwash

waste (BWW) and filter to waste (FTW) pump station. Valving and cross connections on the

influent piping provide for flexibility and redundancy for flows entering the influent splitter

structure, and the ability to bypass the blending chamber as needed. Two header pipes leave

each forebay to convey blended water to the SCCs.

Area 50 – Solids Contact Clarifiers

Six 141-ft diameter circular concrete SCCs are provided for pretreatment of the entire influent

flow stream to the plant. Six clarifiers in operation can treat sufficient water to produce 128

MGD, while five clarifiers in operation can treat sufficient water to produce 120 MGD. The SCCs

will provide settling and softening to the water to meet treatment requirements and will be

provided with feeds for the following chemicals within the clarifier reaction zone or the outer

basin: lime slurry; soda ash; ferric sulfate; and polymer. A carbon dioxide solution feed will be

provided into the effluent pipe of each clarifier to stabilize pH. Individual influent piping provides

influent water to the SCCs from the influent splitter structure. The headers are graduated in

diameter and can maintain flow to three SCCs in the event one header is out of service.

Magmeters and motorized flow control valves are installed on the feed lines to each clarifier to


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balance flows across the operating units. Effluent from the clarifiers are collected in similar

header pipe configuration, where two header pipes convey flows to the downstream

recarbonation splitter structure and can maintain flow to three SCCs in the event one header is

out of service. Emergency fittings are provided on each clarifier effluent pipe to allow for

temporary bypass (with bypass piping by others) around the header to the downstream

recarbonation splitter structure.

Area 60 – Lime Residual Blowdown Pumping

Settled solids and spent lime residuals are collected within SCCs and transferred to the mix tank

via lime residuals blowdown pump stations. Three stations are provided with pumps to transfer

lime residuals from each SCC. Suction piping is provided between each SCC and its designated

lime residuals pump, and common discharge piping is provided from each station to convey

pumped lime residuals to the mix tank.

Area 70 – Recarbonation Splitter Structure

A concrete recarbonation splitter structure is provided to collect the effluent from the SCCs,

lower the pH post softening, and stabilize the water. Two chambers are provided in the structure

for redundancy and each chamber is equipped with a vertical mixer. Chemicals to be added at

the structure include polyphosphate, polymer, CO2, and maintenance chlorine as needed. Flow

enters the recarbonation splitter structure via the two SCC effluent header pipes. A valve, piping

cross connection, and gates in the structure provide flexibility and redundancy on the influent

feeds. Effluent from the recarbonation splitter structure is conveyed to the filter influent channel.

No isolation gates are provided on the downstream end of the recarbonation splitter structure.

Area 70 – Filter Building

A filter building containing 16 filter bays, pipe gallery, upper level, and ancillary components is

provided. The filter design is based on four independent filter bays, with each individual filter

capable of 8.87 MGD capacity, a total capacity with all 16 filters of 141.9 MGD, a firm capacity

(N+1) of 133 MGD, and a capacity with 14 filters (N+2) of 124.1 MGD. These capacities are based

on a filtration rate of 5 gallons per minute per square foot (gpm/sf), and a filter media mix of 22.5

inches of anthracite, 9 inches of sand, and 4.5 inches of garnet. A filter influent channel provides

water to the filters. Gates and stop logs in the influent channels allow for filter influent flow to be

conveyed to the individual filters from each end, from the middle, or from all directions.

Channels for each direction of flow are sized for half of the full plant capacity. Any two directions

of flow in service with one direction out of service allows for the full plant flow of 132.29 MGD.

Individual filter influent from the interior influent channels is provided by individual filter influent

gates/valves to the filter influent/BW waste flume of each filter. Effluent from the filters are

collected in effluent header pipes which are graduated in size so that they increase in diameter as

flow is collected from progressive filters. Four filter effluent header pipes, one associated with

each filter quadrant, convey the filtered water out of the filter building to the chlorine contact

basins (CCB). Valves, motorized actuators, flow meters, turbidity analyzers, and associated


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instrumentation are provided in the filter building as required to provide a complete working

system.

Area 90 – Filter Backwash Waste & Filter to Waste EQ Basins

Two in ground concrete equalization basins will be provided to store backwash waste and filter to

waste volumes. Each basin has a volume of 0.25 MG and can accept both BWW and FTW flows. A

single pump station will sit atop both basins, spanning a common wall. Each basin includes a

drain pump. A single pipe will convey recycle water back to the influent flow splitter. A single

pipe will convey disposal water to the decant lift station. Single pipes will be provided for drain

pump discharges to the mix tank and to the decant lift station.

Area 100 – Chlorine Contact Basins

Three concrete CCBs are provided, each with a hydraulic capacity of 64 MGD, after the filter

building to provide disinfection with free chlorine for plant flows. Influent flows are metered with

magnetic flow meters and chlorinated at the influent to the basins in a dry vault. Ammonia and

additional chlorine are added at the end of each CCB to generate chloramines for distribution

system residual. Influent flow enters the CCBs from the four pipes from the filters. Flow is

conveyed into a splitter box on the end of the CCBs which contains gates and stop logs to split

flow to the CCBs. Flow exiting the CCBs is conveyed over a weir to the finished water wetwell.

Area 100 – Finished Water Wetwell

Filtered chloraminated or finished water flows by gravity from the CCBs into a common channel

that splits flow into a bifurcated filtered water wet well that serves three purposes: 1) source for

finished water to the Hess Reservoirs; 2) source of backwash water to the filters; and 3) provide

finished water to the two 1.0 MG above ground storage tanks. Water flows from the CCBs

through isolation gates to a common chamber in the wet well and then through weirs on each

side into the bifurcated wet well. Each section of the bifurcated wet well includes a finished

water pump station.

Areas 103 & 104 – Finished Water Pump Stations

The two finished water pump stations (FWPS) are located atop the finished water wet well on the

east (Area 104) and west (Area 103) sides of the wet well. Finished water pump stations convey

water to the Hess Reservoirs at a rate up to 101 MGD at a minimum residual pressure along the

dedicated 64 inch diameter pipeline of 5 psi and to the two ground storage tanks that provide

water to the high service pumps. Each pump station includes one 10 MGD and four 20 MGD

vertical turbine pumps. Two of the 20 MGD pumps and the 10 MGD pump in each station

operate as dual purpose, for both finished water pumping and backwash pumping. Backwash

water is conveyed via a separate discharge from each station to the filters. Finished water is

conveyed via a separate discharge pipe from each station. The two finished water pipes header

together prior to connecting to the existing 64 inch raw waterline. Each finished water storage

tank is connected to the finished water discharge piping via separate connections. Valves are


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provided to allow for flexibility and redundancy. Insertion magmeters are provided on each of

the two finished water pipes from the stations. Full bore magmeters are provided on the each of

the two backwash supply pipes from the stations.

Area 110 – Finished Water Storage Tanks

Equalization storage for the HSPS is provided by two 1.0 MG aboveground storage tanks. Water is

conveyed from the storage tanks to the distribution system via the high service pump station

(HSPS).

Area 120 – High Service Pump Station

A HSPS is located adjacent to the finished water storage tanks. Finished water is pumped from

the storage tanks to the distribution system at rates up to 27 MGD. The electrical building is

connected on the south side of the pump station. The HSPS includes two 5 MGD and three 10

MGD horizontal split case pumps which will convey finished water to the distribution system.

Single suction/discharge header piping with isolation valves are provided. High service discharge

flows are conveyed offsite through a single 42 inch pipe with a connection to the existing

distribution system near Zoo Boulevard. A single insertion magmeter will be provided on the 42

inch pipe for flow measurement.

Area 130 – Lime Residuals Mix Tank

A single circular concrete mix tank is provided to accept lime residuals and waste flows from

BWW and FTW basins. Four mixers will be installed in the mix tank. These will be mounted on

guide rails and include a hoisting mechanism for removal and routine maintenance. The hoisting

mechanism will consist of one removable davit crane and four bases located at each mixer. Three

12 inch telescoping valves that have 2 feet of travel will be installed in the lime residuals

thickener for decanting purposes. The three telescoping valve pipes will be connected into a

single 12 inch decant line. Decanted liquids will normally be sent to the sanitary sewer with any

abnormal/emergency liquids above the capacity of the decant pump station will overflow to the

plant basin drain system. The concentrated solids from the thickeners will be conveyed to the

City’s lime lagoons via a new 10 inch sludge pipeline.

Area 140 – Mix Tank Decant Pump Station

The decant from the mix tank enters the decant pump station where up to 900 gpm is metered

to the sanitary sewer by the decant pumps. Additional flows during abnormal operation of the

process will overflow to the plant basin drain wet well. The wet well is 12 ft in diameter and 18 ft

deep with an open top. Located within the wet well, there will be three pumps.

Area 140 – Lime Residuals and Basin Drain Pump Station

The sludge from the mix tank is conveyed to the lime lagoons by the sludge disposal pumps

located in the Lime residuals Pump Station. The pumps will be progressive cavity style or equal


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and designed for 1,650 gpm. Flushing connections, removable spools, and a pig launcher will be

provided for clearing lines from plugging and build-up.

Water from the plant basin drain system (basin drains and overflows) will enter the basin drain

pump station where the disposal pumps will convey it to the City’s lime lagoons. There will be

three pumps. Piping will be configured to accommodate the launching of pipe cleaning pigs in the

16 inch line to the disposal lagoons.

Area 150 – Chemical Feed Building

A chemical feed building will be provided with storage and feed equipment for dry and liquid

process chemicals. The following chemicals will be stored and fed from the building – ferric

sulfate; polyphosphate; flocculation polymer; filter aid polymer; lime; sodium permanganate.

Soda ash will be stored in a silo outside of the building, but the feed equipment will be located

within the building. Carbon dioxide storage will be outside of the building, but the feed

equipment will be located within the building.

Area 160 – Disinfection Chemical Building

A disinfection chemical feed building will be provided with storage and feed equipment for

disinfection chemicals. The following chemicals will be stored and fed from the building –

chlorine; liquid ammonium sulfate. A scrubber system will be provided to the stored chlorine,

consisting of a wet media scrubber and a dry media scrubber. All ancillary components will be

provided for complete feed systems.

Area 170 – Administration and Laboratory Building

A single-level administration building will be constructed on the portion of the site that has public

access and parking for guests. It is designed to include several work and structure spaces to

provide for the daily operational needs of the water treatment facility and its staff including

offices, laboratory spaces, conference rooms, training rooms, restroom and locker facilities, and

electrical and mechanical support equipment spaces. The laboratory space will house National

Environmental Laboratory Accreditation Program (NELAP) Certified laboratory that will be

capable of analyzing water, wastewater and environmental samples as an in-house and

commercial laboratory. The Administration Building is will be constructed of pre-engineered

metal frame, roof and exterior.

Area 180 – Operations Building

The operations building will be designed to be a tornado shelter (i.e. hardened bunker). It is

designed to include several work and structure spaces to provide for the daily operational needs

of the water treatment facility and its staff including workspaces, control room, laboratory space,

restroom and locker facilities, break room, and electrical and mechanical support equipment

spaces.


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Area 190 – Maintenance Building

The Maintenance Building will include several work and structure spaces to provide for the daily

maintenance activities of the water treatment facility and its staff including offices, shops,

maintenance bays, storage facilities, restroom/shower and locker facilities, and electrical and

mechanical support equipment spaces. The Maintenance Building is will be constructed of pre-

engineered metal frame, roof and exterior.

Area 200 – Emergency Standby Power Facility

The emergency backup generators will be located outside in protection enclosures, while the

paralleling switch gear will be located interior in an adjacent building. Protection for the

generators are provided with separate EF-4 Wind-Rated Enclosures. The paralleling gear will be

protected within an EF-4 Wind-Rated building.

Area 220 – Cheney Raw Water Crossover Pipeline

A 66 inch raw water pipeline will be constructed to connect from the existing 60 inch concrete

raw water line located near the intersection of 21st Street and Hoover Road to the proposed

NWWF site. This pipeline will be the new SW supply pipe connection to the NWWF. The

proposed pipeline will cross and the K&O railroad which will include steel casing installed by

bore. Permitting requirements may include a Sedgwick County use of right-of-way permit,

Railroad use of right-of-way permit, KDHE Waterline permit, and any necessary private utility

encroachment permits. Pipe materials that will be reviewed and considered for the pipeline

include ductile iron, concrete, and steel. The pipeline will include valves at the connections and

air release assemblies as required.

Area 240 – New Finished Water Bypass Pipeline at Main Water Treatment Plant

A new pipeline will be constructed at the existing MWTP for conveying finished water from the

NWWF to the existing Hess Pump Station. The new pipeline will connect to the existing 64 inch

line that enters the MWTP from the northwest and will bypass the existing treatment processes.

The new pipeline is proposed to connect to the existing 64 inch line in the area southeast of the

Amidon and Murdock intersection. The pipeline is proposed to be aligned within either public

rights-of-way or City-owned land associated with Botanica or the MWTP. From the northwest

connection the alignment is proposed to proceed due north into Murdock right-of-way and then

east underneath Murdock for approximately 850 ft. Then, the alignment is proposed to turn due

south, exiting Murdock right-of-way and entering MWTP property. The pipeline is then proposed

to continue generally south / southeast to the southeast connection point. The location of the

southeast connection point is proposed just north of Museum Boulevard. The new pipeline is

proposed to connect to an existing 84 inch line and two 42 inch lines southeast of the MWTP’s

CCB.


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Area 240 – 48 inch Sliplining at the Main Water Treatment Plant

An existing 48 inch cast iron pipe at the MWTP will be sliplined as part of the project. The line

currently supplies raw water to both the Central and East portions of the MWTP. The line

connects to the 66 inch raw water pipeline in the northwest corner of the MWTP, runs along the

west side of the MWTP property through the Botanica parking lot, and continues across the

south side of the MWTP filter gallery to the East Plant influent. It is also connected to the 84 inch

cross-tie that can provide raw water to the Central Plant. This pipeline is old and has had

numerous failures/repairs in recent years. The pipe will be reused as part of the raw water supply

system including delivery of local wellfield (LWF) water. Due to it’s poor condition and it’s

intended reuse, the pipeline will be sliplined from the northwest corner of the property where it

connects to the 66 inch raw water pipeline, towards the southwest corner of the property where

it connects to the LWF supply pipe. The portion east of the connection to the LWF supply pipe

that continues to the East Plant influent will not be sliplined.

Area 250 – Hess Reservoir Flow Metering and Control

The Hess reservoir metering and flow control includes three sleeve valves that are used to

control flow from the FWPSs to the Hess Reservoirs. The sleeve valves control flow as a primary

function and shear head as a secondary function. The sleeve valves will be installed in an

underground concrete vault. The vault is preceded by a flow meter manhole/vault with an

insertion magmeter.

Area 260 – Fiber Optic Cable Network

The City’s existing fiber optic cable (FOC) system will be expanded to include the new NWWTF

site. The expanded FOC system will provide wired, redundant communications between this new

asset and existing City assets.

The expansion of the FOC system will require the installation of multiple FOC cable runs, the

longest of which will be from the NWWTF to the existing Hess Pump Station. This run will be

predominately comprised of new 48-strand FOC installed in existing conduit that parallels the

existing 64 in raw water pipeline. This will include crossings at the Big Ditch / I-235 and the Little

Arkansas River; however, conduit is already in place at these crossing locations. Relatively short

components at each end of this run will be new 48-strand FOC installed in new 2 in conduit.

A separate run of the FOC system expansion will provide a redundant FOC from the NWWTF to

Hess Pump Station. A bank of conduits will be constructed and a 48-strand FOC will be installed in

one of the conduits. The routing of this bank of conduits is still under consideration but is

generally anticipated to leave the southeast corner of the NWWTF site, cross Zoo Blvd, cross the

Big Ditch and I-235 across the pedestrian bridge, run northeast between Westdale Dr. and I-235,

cross the Arkansas River on an existing bridge, and extend along 25th St. The new 48-strand FOC

will be connected to a new FOC network being installed by the City in conjunction with the


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Kansas Department of Transportation (KDOT). This new fiber connection will tie into the existing

control network at City Hall.

Two shorter runs of new FOC will complete the proposed system expansion. One run will be

aligned through public rights of way from City Hall to Hess Pump Station, with a connection to

the Mid-America All-Indian Center. This run will be new 48-strand FOC in new 2 in conduit and

will include a new crossing of the Little Arkansas River (currently proposed at Central Avenue).

The second run will be 48-strand FOC installed in existing conduit from 2nd and McLean to Hess

Pump Station. The installation of FOC in this existing conduit will first require the removal of

existing cable currently in the conduit. This run includes a crossing of the Arkansas River at

Seneca Street but, given that the conduit is already in place, the installation effort should be

lesser when compared to other river crossings.

Part II Description of Work elements in CSI format

This description of work elements is not intended to be comprehensive. Rather, it identifies major

definable components of the Project as they can be defined at the time that the contract was

prepared. The final Project will provide a complete and workable facility that meets the

requirements identified for the Project. In addition to the major components called out herein, the

Project includes all associated, ancillary and connecting components and features required to

achieve the project goal, whether or not these items are specifically called out herein.

010000 GENERAL CONDITIONS

All supervision, administrative costs, and temporary facilities necessary to construct

the work

Owner to provide exemption certificate for the project. Sales tax will be paid by

Design-Builder for items not covered by exemption certificate.

Building permits fees are carried as an allowance (Section 900000 Allowances)

Includes cost for electrical consumption during construction. Any temporary panels

for obtaining construction power will be provided by Design-Builder.

Does not include cost for water consumption for testing of structures or facilities but

shall be metered.

Pricing is based on City-provided water for testing, with discharge from test-water

waste to be either recirculated within the NWWF, or connected to the header to the

Main Water Treatment Plant. No additional or temporary piping, pumping or

permitting has been included for discharge of test-water waste into any adjacent

water bodies or City systems.

Does not include cost of chemicals for startup, testing or operation of the facility.

Chemicals necessary for disinfection are included in the price.

Includes cost of obtaining, installing and maintaining the SWPPP.

Builders risk insurance is provided.


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Design and construction administration are included for the duration of the schedule.

Design will be completed following pursuant to the codes listed in the BODR.

Civil testing lab services are included - civil testing by an independent lab for soil,

concrete, and/or asphalt testing

Performance, payment and statutory bonds are included for the entire contract

amount

Owner’s protective insurance is not included

An O&M manual and Plan of Operations is to be provided in accordance with KDHE

SRF requirements. O&M’s supplied by equipment suppliers shall be turned over to

the Owner.

All O&M manuals will be provided in paper (3 sets) and electronic PDF form.

Documents will be pursuant to KDHE SRF guideline requirements.

Work shall be completed in accordance with all applicable Federal and State

rules, regulations, and requirements as well as the applicable City of Wichita

standards.

All work and materials in accordance with AWWA / NSF 61 where required.

This project is under current prevailing wages as of the date of the contract

execution.

American Iron and Steel requirements apply to this project.

This project is in compliance with all KDHE guidelines for SRF funded projects and

EPA requirements for WIFIA funded projects.

No cost carried for easements or land acquisition necessary for offsite piping or fiber

optic

Westar substation is not a part of this contract

Process equipment manufacturer names that are listed below are options that will

be selected by the Design-Builder in phase 2 of the contract and at this time are

allowable options.

No costs are included for any special inspections required by the current IBC to be

completed by the Owner or the Owner’s Representative.

In the event that there are discrepancies between the Basis of Design Report and

this document, this document shall govern.

Allowance items are detailed in 900000.

010100 SPECIAL SITE CONDITIONS

No other hazardous or special waste are known of at this time or anticipated to be

encountered in the course of this project.

010150 OWNER FURNISHED ITEMS

Temporary power and water are available at project site boundary for design builder

use. Design builder is responsible for any infrastructure necessary on the site for

distribution and cost of use of those utilities necessary for construction unless


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otherwise noted.

Land acquisition, easements or right-of-way as may be required

Cost of offsite power, gas, telecom, ISP upgrades, if required, for final plant operation.

Owner to provide any necessary chemicals necessary for startup/testing of the facility

Service transformer(s) to be provided and set by Westar Energy as part of their service

agreement with City.

015000 CONSTRUCTION EQUIPMENT

All construction equipment necessary to complete the work is included.

020720 EROSION AND SEDIMENT CONTROLS

Install in accordance with the Stormwater Pollution Prevention Plan for the Project

Inspected weekly and after 0.5-inches of rainfall

Perimeter long term silt fence replaced annually

Maintain or replace as needed for functionality

022250 DEMOLITION

Removal of existing structures, associated components, and debris as required.

Existing piping materials will be relocated to an onsite location selected by Owner for

their retention

022310 CLEARING AND GRUBBING

Clear and grub all trees from the project site as required for construction

Trees may be mulched and used at the project site.

Remove tree stumps and roots larger than 3 inches in diameter and backfill resulting

excavation with compacted suitable material.

Disposal of debris from clearing and grubbing off site.

023110 SITE EXCAVATION AND BACKFILL

Removal of 6-inches of topsoil from areas within limits of excavation, trenching and

borrow, and areas designated to receive embankment and compacted fill.

Excavation or backfill as required to construct subgrades to elevations and grades as

indicated

Over excavate and replace any localized zones of excessively wet, unstable, organic,

yielding, or low bearing capacity materials as required and replace with acceptable

fill material; performing all wetting, drying, shaping, and compacting as required to

prepare subgrade

Grade and compact all areas within Project area, included excavated and filled

sections and adjacent transition areas

Finished grades shall generally be not more than 0.1 ft above or below those

indicated, shall be reasonable smooth, and free from irregular surfaces changes.


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Finished grades shall slope away from all structures in all directions at a grade not less

than 2% to provide drainage.

023150 STRUCTURAL EXCAVATION/BACKFILL

Design, furnish, place, maintain, and remove, to extent required, a system of

temporary supports for cut and cover, open cut, or trench excavations, including

bracing, dewatering, and associated items to support sides and ends of excavations

where required.

Virgin soil or compacted material to 95% of Standard Proctor under structures, site

grading and backfilling of structures to 95%, and roadways to 95%

023160 TRENCH EXCAVATION/BACKFILL

6” aggregate bedding above and below pipe

Backfill around pipe to 95%

6” clear concrete encasement – all piping below structures unless noted in drawings

Trench depth shall be sufficient to maintain a minimum of 3 feet of soil cover above

the top of pipe

024540 DEEP FOUNDATIONS / AGGREGATE PIERS

Scope will be pursuant to geotech report and follow-up onsite observations

Aggregate Piers under the following structures:

Influent Splitter Structure

Chemical Storage and Feed Building

Disinfection Feed Building

Clearwell

Thickener

Maintenance Building

Generator Electrical Building

BWW & FTW Eq Basin & Pump Stations

026200 DEWATERING

Drain or pump as required to continually maintain all excavations free of water or

mud from any source and discharge to approved drains or channels

Design, furnish, maintain, and remove a temporary dewatering system as required for

construction

Design-builder to acquire permits necessary for pumping and discharge

023170 AGGREGATE

12” clean aggregate base with geogrid in two directions below all basin and building

slabs/foundations or as required per geotech recommendations


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027210 TEMPORARY CONSTRUCTION ROADS

Temporary construction roads to be placed in the same location as permanent site

pavement. Permanent site paving will be constructed on top of Temporary

construction pavement.

Temporary construction roads cross section shall be: subgrade, geogrid fabric, and 6-

inch aggregate base course

027410 FLEXIBLE PAVING

All work in accordance with the City of Wichita, KS Standard Specifications for the

Construction of Public Projects

Asphalt roads cross section on top of 6-inch aggregate construction road shall be: 4-

inch aggregate base course (min), 5-inch asphalt base course, 2-inch asphalt surface

course

Hauling routes will be coordinated with the Owner

Driveways / roads shall have minimum 2% cross-slope

Does not include rework or repaving of any road outside of the site limits.

027520 RIGID PAVING – TRUCK / BUILDING APRONS

Portland Cement Concrete (PCC) roads shall be minimum of 8-inches thick

Reinforcing as required. Reinforcing shall be wire mesh – No Epoxy coated bar

No caulking of control joints

Concrete shall be 4000psi

027700 SIDEWALKS, CURB AND GUTTER

All work in accordance with the City of Wichita, KS Standard Specifications for the

Construction of Public Projects

Grade, Form, Pour, Finish, and Strip Sidewalks

Sidewalks to be 5-foot wide minimum, 4-inches thick. Thickness will be at road

crossing thickness at road crossings.

All sidewalks shall have a minimum 2% cross-slope

ADA ramps as required

Grade, Form, Pour, Finish, and Strip curb and gutter.

Curb and Gutter shall be 24-inch curb and 6-inch flag where indicated on drawings

Control joints shall be spaced every 5-feet (max) in sidewalks and every 10-feet in curb

and gutter.

No caulking of control joints

Concrete shall be 4000psi

Reinforcing as required

029220 SEEDING

Design/Builder to return topsoil and fine grade site and seed any disturbed areas


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All areas to be seeded that are not designated to receive other surfacing

Seeding areas to be clear of vegetation, rock, and other materials which would

interfere with grading and tillage operations

Topsoil to be a minimum depth of 6-inches

Seeding shall be per City standard

028220 FENCING AND GATES

8-foot chain link fencing with 3 strands barbed wire around the remaining perimeter

of the site including 4 roadway gates and 1 man gate.

Roadway gates shall be automatic and integrated as a part of the security allowance

(see item 3. under 900000 Allowances)

025300 SANITARY

Pursuant to the drawings and final tie into MH 5149-147.

025310 STORMWATER

Design to accommodate a 500-year rain event combined with one FW storage tank

rupture.

025320 FIRE PROTECTION

Fire Hydrants – Clow, Mueller, Kennedy

031000 CONCRETE FORMWORK

Fill any repairable honeycomb; patch all tie holes

No architectural or rubbed finish, no grout finish

Joints are to be noticeable, but not protruding

Chamfer tops of all walls

No formliner

Waterstops shall be virgin polyvinyl chloride either ribbed with a center bulb

Bonding agents shall conform to ASTM C881, Type V; moisture-insensitive, epoxy-

resin

Expansion Joint Filler shall be preformed asphalt-impregnated fiber of thickness

indicated and conforming to ASTM D1751

Curing agent shall be liquid membrane-forming compound confirming to ASTM C309,

type 1. ASTM C309, type 2 is to be used in conjunction with hot weather concrete

032000 CONCRETE REINFORCEMENT

ASTM Grade 60 – No Epoxy

Metal accessories (Bolsters, Chairs, and accessories) shall be plastic-coated where legs

will be exposed to finished concrete surfaces


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032750 CONCRETE MOISTURE BARRIER

Moisture barrier to be 6 mil polyethylene sheeting

Use under floor slabs of all buildings

033000 CAST-IN-PLACE CONCRETE

ASTM C150 Type I/II cement

Course aggregate to be 1-inch to No. 4

Mixing water is to be potable

Minimum 28-day compressive strength = 4,000 psi for all construction unless

otherwise indicated

Minimum 28-day compressive strength = 4,500 psi for water containing structures.

Minimum 28-day compressive strength = 2,000 psi for fill concrete and seal coats

Maximum water-cement ratio to be 0.42 for all concrete with 28-day compressive

strength of 4,000 psi and greater unless otherwise specified.

Air content to be 4.5% to 7.5%

Flowable nonshrink grout shall conform to ASTM C1107 and be nonmetallic

Concrete placement shall conform to ACI 304

When the temperature is 90 degrees F or above, is likely to rise above 90 degrees

within the 24-hour period after concrete placement, or there is any combination of

high air-temperature, low relative humidity, and wind velocity which would impair

either concrete strength or quality; concrete placement shall follow the

recommendations of ACI 305

When the temperature is 40 degrees F or is likely to fall below 40 degrees F during the

24-hour period after concrete placement; concrete placement shall follow the

recommendation of ACI 306

Concrete sampling for tests and cylinder making shall conform to ASTM C172.

Test cylinders shall conform to ASTM C31, with not less than one set of cylinders (four

cylinders) from each day’s placement for each 100 cubic yards or fraction thereof.

Additional QA/QC sampling to be taken by OA up to 10% of total cylinders taken and

to be coordinated with Design-Builder.

Laboratory will cure and test concrete cylinders conforming to ASTM C192 and C39,

testing at minimum two cylinders at 7 days of age and two at 28 days of age.

Slump tests shall conform to ASTM C143

Slump tests shall be performed on the first batch of concrete produced each day, and

for every 50 cubic yards or fraction thereafter, and with every set of test cylinders.

Air content testing shall conform to ASTM C231

Air content testing shall be performed on the first batch of concrete produced each

day and with each set of test cylinders

Concrete and air temperature test shall be performed on the first batch of concrete

produced each day and with each set of test cylinders.

Slump, air content, and temperature test results to be furnished to testing laboratory


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for inclusion in the cylinder test reports.

033500 CONCRETE FINISHING

Steel trowel all floor finish in buildings

Float finish for all water bearing structures

Sawed joints where detailed in the drawings shall be cut as soon as concrete surface is

firm enough to resist tearing or damage by the blade and before random shrinkage

cracks can occur

Defective surfaces in concrete shall be defined as concrete surface showing

misalignment, rock pockets, poor joints, holes from ties, voids, honeycomb, or any

other defective area.

Watering bearing structures shall be leak tested in accordance with ACI 350

Epoxy crack injection only as required to pass leak testing

Exterior exposed to view of the following structures. No interior walls are anticipated

to be

finish rubbed.

• Influent splitter

• Aerator

• Solids Contact Clarifiers

• Recarbonation Splitter

• Filter Building

• Chlorine Contact

• Thickener

• Basin Drain Disposal PS

• Storm Water PS

034120 PRECAST STRUCTURAL CONCRETE

Design on units shall be performed by structural analysis in accordance with ACI 318

or PCI MNL-120, whichever is customary with the manufacturer

Structural analysis shall include evaluations for the effects of connections, holes,

discontinuities, concentrated loads, and joints.

Units shall be designed for the load conditions and spans indicated and any additional

loads imposed by openings, work of other trades, and all loading and restraining

conditions form fabrications, handling, and erection.

Secure all necessary permits required by affected governing bodies for transportation

routes and methods

The following structures shall utilize precast concrete- (as listed in table 1 under

132000)

Chemical Feed Building

Filter Building


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Operations Building

Filter BW Recycle PS

Disinfection Building

All precast double tee roof structures shall include a grout topping as indicated by

structure on the drawings

No caulking on the joints on the underside of double tee roof structures

035100 PRECAST CONCRETE MANHOLES / STRUCTURES

Manholes will be standard precast structures with cast bottom and lid with integral

hatch or manway.

Dampproofing at all precast manholes and vault structures

042000 MASONRY

Standard masonry exterior wall cross section will be: 8-inch Standard Weight CMU

Bond Beams as designed

Reinforcing as designed

The following structures shall utilize masonry with precast exterior (as listed in table 1

under 132000)-

Generator Electrical Building

054000 STRUCTURAL STEEL

Structural steel shapes to conform to a minimum standard ASTM A36, as designated

in the AISC Manual, Part 1

Anchor Bolts to conform to ASTM A307 using A36 Steel, unless otherwise indicated to

be stainless steel or high strength.

The following structures shall utilize a structural steel frame –

Chemical Building High Roof – area around silos

055000 MISCELLANEOUS METALS

All Handrails – aluminum, mechanical assembly, 2 rails with toe kickplate

All grating – interior aluminum grating, exterior galvanized steel grating

All Stairs – galvanized with grate treads and 2 rail handrail

All Ladders – aluminum, cages as necessary due to height requirements

Aluminum access hatches as shown. Hatches to have 300 psf. load rating

Painted Steel Bollards as necessary

Galvanized steel lintels as required

Overhead doors to have galvanized steel jambs for wall protection

Meter and Valve vaults do not include access ladders unless noted otherwise

All weir plates to be FRP

Aerators – steel platform and grating around 3 sides, Handrailing around perimeter,

stairs for access, and cross over ladder between sides


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Influent Splitter Structure – Platform with grating and handrail in valve vault, stairs for

access into valve vault, Stairs for access to top of structure, handrail around top

perimeter, grating and supports for access

Solids Contact Clarifiers – access bridges with grating and handrail between the

clarifier structures, stair towers for access to bridges

Filter Building – Grating and supports over openings, access platforms with grating,

handrail, and stairs for access over filter process piping in lower gallery, interior and

exterior stairs towers for access, access hatches in filter influent channels for access,

handrailing between filters and operating floor at upper level and around recarb

basin.

FTW & BWW Pump Stations – exterior roof access ladders

FTW & BWW EQ Basin – handrail both sides of walkway around tank perimeter, stairs

for access as necessary

Chlorine Contact Basin – cross over ladders as necessary for access

Filter Water & Backwash Water Pump Station – exterior access ladder

High Service Pump Station – Grating and supports over pipe gallery, exterior roof

access ladder

Lime Residual Thickener– stairs for access

Sludge Thickener & Basin Drain Disposal Pump Station – exterior roof access ladder,

aluminum access hatch into the wetwell

Chemical Storage and Feed Building – Stairs as necessary for access, mezzanine

between lime silos, cross over ladders at containment area

Disinfection Feed Building – Exterior roof access ladder, stairs as necessary for access,

access platforms at ammonia and chlorine storage tanks, exterior access platform at

scrubbers

Operations Building – stair tower for access to filter building, exterior ladder for roof

access

Maintenance Building – Stairs for mezzanine access, exterior ladder for roof access,

interior ladder at washroom, handrail around mezzanine level

Stormwater Pump Station – access hatch into pump wetwell, handrailing at outfall,

manual bar screens at pump station

061000 ROUGH CARPENTRY

Treated wood blocking at roof and roof parapets

In-wall blocking necessary for mounting of cabinets, accessories, and toilet partitions

062023 FINISH CARPENTRY

Standard wood veneer cabinets with concealed hinges and telescoping glides in

restroom vanity, breakroom, nurse’s station, control stations and lobby desks.

Countertops in restrooms to be solids surfaces; breakroom countertop and window

sills to be plastic laminate


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066660 FIBER REINFORCED PLASTIC

Access hatches at chlorine contact basin

Sump grating at the chemical feed buildings

072100 DAMPPROOFING AND WATERPROOFING

Dampproofing at all precast manholes and vault structures per City Standards

Waterproofing at basements below the water table.

072110 INSULATION

Building roofs – tapered polyiso insulation

Administration Building to have 2-inch rigid polyiso foundation insulation

072200 FLUID-APPLIED MEMBRANE AIR BARRIERS

Air barriers at the Administration, Operations, and Maintenance Building

075000 MEMBRANE ROOFINGS / FLASHING / SHEET METAL

80 mil TPO Roofing System

Vapor Barrier on Filter Building roof

Perimeter of buildings to have continuous edge flashing / fascia panel

All drip edge, wall cap flashing, gutters and downspouts

079000 JOINT PROTECTION

Doors/Windows/Louvers/Construction Joints in masonry and concrete

Silicone sealant at plumbing fixtures in restrooms/breakroom.

Metal wall panels lap splices

Self-leveling sealant between exterior paving and building foundation.

Fire rated sealant at rated walls

081000 DOORS / FRAMES / HARDWARE

Entrance doors to the Administration, Operations, and Maintenance Buildings to be

aluminum with aluminum frame unless otherwise noted.

Interior doors at the Administration and Operations buildings to be wood with Hollow

metal frame unless otherwise noted

All other locations to be Standard FRP doors with hollow metal frames

Standard door hardware; includes locksets as necessary for security purposes

Typical interior doors are half glass with IGU

All single man doors: 3’0”x7’2” 1-3/4” thick with 2” frame

All double man doors: 6’4”x7’2” 1-3/4” thick with 2” frame

Electrical room doors: 6’4”x7’2” with 2’0 tall removal transom and mullion, same type


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as door

084213 ALUMINUM DOORS & STOREFRONT

Admin Building entrances doors and windows will be aluminum

085113 WINDOWS

Aluminum framed fixed windows.

088000 GLAZING

1-inch Double panel low “E” insulated clear floating glass in aluminum frames as

indicated

Half glass doors typical (except for electrical, mechanical, storage, and restrooms)

Tempered glass where required by code

088100 SKYLIGHTS

Skylights above equipment in the following structures:

FTW & BWW Pump Stations

Finished Water Pump Stations

Backwash Water Pump Stations

Sludge Thickener & Basin Drain Disposal Pump Station

083323 OVERHEAD COILING DOORS / SHELTER DOORS

Size as indicated on drawings

Doors to be coiling, insulated, powder coated steel or aluminum as required.

Coiling doors to have manual operators, except in the Chemical Feed Building and

Disinfection Feed Building.

091100 GYPSUM DRYWALL / ACOUSTICAL CEILINGS

Standard 3-5/8 – inch 20ga metal framing

5/8-inch gyp board at interior walls

5/8-inch mold/moisture resistant gyp board walls and ceilings in restrooms, shower

rooms, locker rooms, and other wet areas

5/8-inch Densglass Board at Admin Building exterior walls

5/8-inch cement board behind wall tile

Standard Grade 2’x2’ drop-in panel acoustical ceilings

Gyp board ceilings in restrooms, shower rooms, locker rooms, and other wet areas

096500 FLOORING

In process areas, concrete floor shall be sealed

Luxury Vinyl Tile where indicated in the Admin, Operations, and Maintenance


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Buildings.

Carpet Tile where indicated in the Admin, Operations, and Maintenance Buildings

Porcelain tile in restrooms, shower rooms, locker rooms, and other wet areas up to 5’-

4” minimum on walls

Resinous flooring and base in laboratories in the Admin building

Rubber Base in all areas of the Admin, Operations, and Maintenance Buildings unless

noted otherwise.

099000 PAINTING

Exposed steel building columns, beams, framing, hollow metal door and door frames –

2 coat system; Epoxy/Polyurethane

Ductile Iron Pipe – 2 coat system, Epoxy/Epoxy

No coating of aluminum, stainless, copper or plastic

Touch-up paint as required for non-stainless steel equipment.

Interior drywall and gyp board

Color coded painting of exposed-to-view piping if not stainless steel or plastic

All exposed process piping to have color coded labels and directional arrows

Coating of chemical containment areas

Interior masonry walls to be painted

Interior of precast roof structures are not to be painted

Site – Paint all bollards with 2 coat system; Epoxy/Polyurethane

101100 SPECIALTIES

Approved fire extinguishers with wall brackets – 10Ibs ABC units for all buildings, and

Clean Agent extinguishers for electrical rooms, as required by code.

Toilet room accessories for restrooms shall be the following unless noted otherwise:

Mirrors

Soap Dispensers

Paper Towel / Trash Receptacle

Grab Bars

ADA Benches

Toilet Paper / Sanitary Napkin Dispensers

Toilet Partitions shall be powder-coated steel

No bird control accessories except at finished water storage vents

101400 SIGNAGE

Room Identification signs with braille as necessary in all buildings

Admin Build shall have exterior aluminum lettering with the Facility name as selected

by the Owner

105113 LOCKERS


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60-inch x 15-inch x 15-inch full height lockers

110100 PROCESS PUMPS

Sump / Submersible Pumps (KSB, Zoeller, Flygt, Fairbanks)

Clarifier Influent Meter Vault – (6) ea

Filter Building – (2) ea 2.5 hp, (2) ea 7.5 hp

Finished Water PS – (2) ea

Chlorine Scrubber Containment Area – (2) ea

Filter Waste EQ Basin Drain – (2) ea, 5 hp

Thickener Decant Recycle – (3) ea, 10 hp

Thickener Decant PS / Flow Meter Vault – (2) ea

Storm Water PS – (3) ea

Sample Pumps (Watson-Marlow/Bredel, Flowrox)

Influent Splitter – (4) ea

Clarifier Influent Meter Vaults – (6) ea

Filter Building – (5) ea

Chlorine Contact Basin – (8) ea

Progressive Cavity, Rotary Lobe or Dual Disc (Seepex-PC, NOV Moyno-PC, Boerger-

RL, Vogelsang-RL, Netzsch)

Lime Residuals Pump Station, Softening Blowdown – (6) ea, 1530gpm, 75 hp

Sludge Thickener – (3) ea, 950 gpm, 80 hp

Vertical Turbine Pumps (Floway, Fairbanks/Cascade, Simflo, Goulds, National Pump,

Flowserve, Patterson)

Finished Water PS / Wetwell – (2) ea, 150 hp; (8) ea, 300 hp

Backwash Water Recycle Pumps – (4) ea, 40 hp

Filter Water Recycle Pumps – (4) ea, 5 hp

Sludge Thickener Basin Drain – (3) ea, 150 hp

Horizontal Centrifugal Pumps (Pentair Aurora, Fairbanks, KSB, Goulds, Grundfos,

Flowserve, Patterson)

High Service PS – (2) ea, 250 hp; (3) ea, 450 hp

110200 AERATORS

Cascade Aerators (WesTech, Tonka) – (6) ea, 12’ diam x 9’ height

110250 VERTICAL SHAFT MIXER

Influent Splitter (Philadelphia, SPX Lightin’, Chemineer, Mixtec, Sharpe) – (1) ea, 25

hp, 120” diam mixer impeller

Recarbonation & Splitter Structure (Philadelphia, SPX Lightin’, Chemineer, Mixtec,


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Sharpe) – (2) ea, 50 hp, 120” diam

110300 SOLIDS CONTACT CLARIFIERS

Clarifiers (Ovivo, WesTech, Walker, Eimco, Clear Stream, Fab-Tech, Amwell, Enirodyne,

Kusters) – (6) ea, 140’ diam, with center column, draft tube, centrifugal impeller,

dual drive, full radius scraper arms, neoprene scrapers, circular effluent trough,

reaction well cover, catwalk/platform and handrail. Wetted materials are painted,

not SS. No lifting arms/mechanisms.

Launders (Ovivo, WesTech, Walker, Eimco, Clear Stream, Fab-Tech, Amwell, Enirodyne,

Kusters) – (6) ea, 140’ diam

110350 CHEMICAL FEED AND STORAGE SYSTEMS

Bulk Storage Tanks (Augusta, Belco, Design Tanks)

Day Tanks (Poly Process, Snyder, Augusta)

Transfer Pumps (Watson-Marlow, Ansimag, March, Finish-Thompson,)

Metering Pump Skids (Watson-Marlow, Blue-White, Verder)

Blending Units (UGSI Stranco, Velodyne, Veolia)

Soda Ash (Velodyne, RDP, Chemco)

Ferric Sulfate

Bulk Storage Tank – (2) ea, 9’ diam x 14’, 6,000 gal

Day Tank – (1) ea, 3.5’ diam x 7’, 430 gal

Transfer Pump – (2) ea, 5 hp

Metering Pump Skids – (3) ea dual pump skids, (1) ea single pump skid

Polyphosphate


Day Tank – (1) ea, 3.5’ diam x 5.25’, 310 gal


Metering Pump Skids – (4) ea dual pump skids, (1) ea single pump skid

Flocculation Polymer

Bulk Storage Tank – (2) ea, 7.5’ diam x 10.5’, 3,000 gal

Day Tank – (1) ea, 2’ diam x 3’, 60 gal

Transfer Pump – (2) ea, 1/2 hp

Blending Unit – (7) ea

Filter Aid Polymer


Day Tank – (1) ea, 3’ diam x 3’, 75 gal


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Transfer Pump – (2) ea, 1/2 hp

Blending Unit – (3) ea

Carbon Dioxide

Vertical Storage Tanks (TOMCO2, BlueInGreen) – (3) ea, 10.5’ diam x 58.5’ steel

insulated tank, 100 ton capacity, safety relief valve

Feeders – (6) ea Solids Contact, (3) ea Recarbonation

Refrigeration Compressor – (3) ea, 40 hp

Vaporizer Unit – (3) ea

Vapor Heater – (3) ea, 7.5 hp

Lime

Silos (RDP, Chemco, IMS) – (4) ea, 20’ diam x 30’, bin activator, dust collector

Dry Lime Screw Conveyor – (1) ea, 32 lin-ft

Lime Slaker – (4) ea, 8’ diam x 8’

Lime Slaker Mixer – (4) ea

Slurry Aging Tanks – (2) ea, 11’ diam x 11’

Slurry Aging Tank Mixer – (2) ea

Lime Grit Classifier – (2) ea

Lime Grit Screw Conveyor – (1) ea, 30 lin-ft

Lime Slurry Pumps – (4) ea, Centrifugal

Lime Slurry Dosing Assemblies – (24) ea, hot box

Water Softener

(TBD) – (1) ea

Air Compressor System

Air Compressor (TBD – (2) ea

Air Receiver (TBD) – (2) ea, 200 gal

Heated Air Dryer (TBD) – (2) ea

Sodium Permanganate


Day Tank – (1) ea, 2.5’ diam x 3’, 35 gal


Metering Pump Skids – (1) ea dual pump skids

110400 DISINFECTION FEED SYSTEMS

Chlorine Feed System

Chlorine Evaporator (Evoqua-Wallace & Tiernan, DeNora) – (3) ea, filter,

pressure reducing valves, vacuum regulators

Chlorine Tank (Modern Welding, Mississippi Tank, Arcosa) – (6) ea, 5’ diam x

12’ horizontal steel tank

Chlorinator / Feeder (Evoqua-Wallace & Tiernan, DeNora) – (4) ea

Recarbonation, (4) ea Backwash Supply Basin, (4) ea Finished Water, (1) ea

Backwash Supply Header


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Chlorine Injector (Evoqua-Wallace & Tiernan, DeNora) – (3) ea Recarbonation,

(3) ea Backwash Supply Basin, (4) ea Finished Water, (1) ea Backwash Supply

Header

Chlorine Safety Equipment

(1) ea Man Door: storage cabinet, SCBA 30 min, emergency kit, SCBA chlorine

cartridges

Chlorine Emergency Valve Shutoff System (Powell)

Chlorine Wet Media Scrubber System

Sodium Hydroxide FRP Bulk Storage Tank (DeNora, Evoqua, Powell) – (1) ea,

12’ diam x 22’, 13,000 gal

Sodium Hydroxide Recirculation Pumps (DeNora, Evoqua, Powell) – (2) ea

Chlorine Wet Media Scrubber Equipment (DeNora, Evoqua, Powell)

Tank – (1) ea, 12’ diam x 30’, media

Fans – (2) ea, 25 hp, 5,000 scfm

FRP Ductwork, Diffusers

Chlorine Dry Media Scrubber System (DeNora, Evoqua-Wet, Powell) 300 lbs. Treatment capacity

2- 400CFM 7.5 hp exhaust fans

Liquid Ammonium Sulfate

Bulk Storage Tank (Augusta, Belco, Design Tanks) – (2) ea, 10’ diam x 12.5’,

7,300 gal

Day Tank (Manufacturer)– (1) ea, 3.5’ diam x 7’, 500 gal

Transfer Pump (March, Ansimag, Finish-Thompson, Watson-Marlow) – (2) ea, 5

hp

Metering Pump Skids (Watson-Marlow, Blue-White, Verder) – (2) ea dual pump

skids

110500 FILTER EQUIPMENT

Filter Underdrain (AWI, Leopold, Orthos, DeNora, Roberts, WesTech) – (16) ea, 28’ x

44’

Filter Media (CEI, Northern, Red Flint, Leopold) – (16) ea, 4-1/2” Garnet, 9” Sand,

22-1/2” Anthracite

Launders / Weir (MRI, Warminster, FFI, Leopold) – (16) sets ea SS

Backwash Blowers (G-D Robuschi, G-D Excelsior, Atlas Copco, Kaeser, Aerzen, United) –

(2) ea, 250 hp, 5880 scfm

110550 PRESTRESSED CONCRETE TANKS

Clearwells (DN Tank, Preload) – (2) ea, 1 MG

110660 MAST MOUNTED SUBMERSIBLE MIXERS @ LIME RESIDUALS

Mast Mounted Submersible Mixers (Flygt, KSB, Candia, Welo) – (4) ea w/ spare, with


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catwalk/platform and handrail.

110700 MAINTENANCE BUILDING

Gas Powered Hot Water Pressure Washer (Hotsy) – (1) ea, pressure washer, hose reels

No Air Compressor

110750 FUEL STORAGE & DELIVERY

Generator diesel fuel storage and delivery system – (1) ea

Fuel tanks – (2) ea, 15,000 gal above ground dual contained with pad, bollards, access

ladders and platforms

Fuel for generator startup & testing

120000 MISC FURNISHINGS

See section 900000 - allowances

123553 LABORATORY CASEWORK


123560 LABORATORY EQUIPMENT


130000 INSTRUMENTATION AND CONTROLS

All required flow meters (insertion and mag meters), transmitters, float switches, level

transmitters, pressure transmitters, gages, turbidimeters, pH Analyzers, chlorine

Analyzers, phosphorous Analyzer, gas monitoring systems, etc. as indicated in the

drawings necessary to provide a complete and operational system.

Piezometers to monitor site water levels and tied back to SCADA for level indication.

PLC control panels at the following locations. Each PLC panel will include at minimum

NEMA 12 construction, incoming surge protection and service breaker, managed

ethernet switch, Allen Bradley Control Logix PLC with modules to accommodate I/O

counts per the P&ID drawings, 22” Operator Interface Terminal (OIT) (unless noted

otherwise), and utilize Thin Client with ThinManager

Operations Building (does not include an OIT)

Filter Building – (4) ea (does not include an OIT)

Filter Backwash Flow Control Building

Chemical Feed Building

FTW & BWW Pump Station

High Service Pump Station

Operations Building Wonderware Primary/Secondary server Cabinet which consists of

the following:

42U Free Standing Painted Steel Network Rack


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5000 VA APC UPS System

(2) ea Redundant Primary/Secondary Dell R7425 PowerEdge Servers with 16

cores

(1) ea Seagate Ironwolf NAS Backup Storage System (6-bay)

Rack Mount KWM Console

Rack Mount Fiber Patch Panel

Rack Mount Copper Patch Panel

Server Software/Licensing to include:

(1) ea WMware ESXi Virtual Machine Host Software License

(1) ea ThinManager Host Software License, 25 pack concurrent license

(8) ea Windows Server Standard 2019, 16 COREs

(15) ea Windows Server Remote Desktop CALs

(15) ea Windows Server Device & Remote Desktop Services CALS

(1) ea Wonderware System Platform Galaxy 2017, 50k Tags Application

Server and 25k tags Historian Server Standard Software Licenses

(10) ea Wonderware Supervisory Client with Historian Client 2017

License

(5) ea Wonderware Supervisory Client with Historian Client 2017 Read-

only License

(1) ea Wonderware Development Studio 2017 Unlimited License

(1) ea Dream Reports Reporting Package; 5k tags with 12 web clients

(1) ea Win911 Interactive Alarm Notifications Package with Hot Backup

Failover and Mobile911 Server with 10 clients

(4) ea Wonderware Thin Client HMI Operator Stations, which include

Thin Client with ThinManager

(2) ea 24” Ultrasharp Monitor

Keyboard & Mouse


(4) ea 70-inch 4k UHD SCADA Monitor, includes wall mount bracket

(10) ea Building Network 19” Communications Racks which include:

42U Free Standing Painted Steel Network Rack


(2) Rack Mounted Managed Fiber/Copper Ethernet Switch

Rack Mounted Fiber Optic Patch Panel

Rack Mounted Copper Patch Panel Firewalls & Fiber Switches

Network Attached Storage Devices

SCADA Servers

Cable Management

Network Racks shall contain the following networks throughout the facility:

a. Business/Data Network


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b. Control – New Freshwater Network

c. I/O Network

d. Existing Freshwater SCADA Network

e. Existing ASR SCADA Network

Ethernet Connections:

a. Business PCs

b. VOIP Phones

c. CCTV Cameras

d. Card Readers

e. Door Controllers

f. HVAC Controls

Final routes are subject to change during the detailed design phase.

(4) ea Filter Building Panels with 22” OIT and NEMA 12 wall mounted enclosure

(6) ea Truck unloading panels that shall include NEMA 4X Stainless steel enclosure, (2)

Digital Panel Meters, Push buttons, LED indicator lights, and high level alarm horn.

Chlorine Alarm Panel that shall include NEMA 4X Stainless Steel enclosure, push

buttons, high level alarm horn, LED indicator lights, and high level flashing beacon

SCADA Maintenance Laptop which includes one licensed copy of Allen Bradley Studio

5000 PLC Logix Designer

Consumables and Spare parts – consumables required to commission instruments is

included

Outdoor screens will be protected with sunshades.

One spare of each type of PLC processor/power supply/I/O Card

PLC programming and Intouch/Touchscreen configuration is included

PLC / HMI / Reports Programming Development, Testing, Startup, Training, Controls

Startup, Configuration, Testing, Training, and O&M Manuals

Redundant fiber optic networks to the Administration, Maintenance, Flow Control,

Chemical Feed, Filter, Thickener, Backwash, Generator HSPS & Operations Building.

Primary & Secondary PLCs communicate via dedicated fiber, for redundancy pair fiber

patch panels will be used within network racks

Redundant fiber networks shall also extend, off-site, to Wichita City Hall and Existing

Water Treatment Plant

Screen development shall be developed in accordance with situational awareness high

performance graphics

(System architecture will need cleanup to spot workstations)

131270 PREFABRICATED STRUCTURES

Stormwater Pump Station Electrical Building shall be a prefabricated structure

Building shall be factory lighted, ventilated, heated and insulated

Building exterior finish shall match other structures on site


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132000 PRE-ENGINEERED METAL BUILDING

The following structures shall be a pre-engineered metal building- (Table 1 below)

Buildings will utilize a minimum R-13 insulated metal wall system and an R-30 roof

system.

Table 1. All buildings systems

Drawing Area

Designation

WBS Structure STRUCTURE ROOF FRAME EXTERIOR

010 110 Influent Flow Meter Vault CONCRETE CONCRETE CONCRETE

010 120 Influent Flow Control Building CONCRETE VAULT CONCRETE VAULT CONCRETE VAULT

030 140 Aerators CONCRETE CONCRETE CONCRETE

150 Aerator Meter Vaults CONCRETE CONCRETE CONCRETE

040 210 Influent Splitter Structure CONCRETE CONCRETE CONCRETE

220 Clarifier Influent Meter Vault CONCRETE CONCRETE CONCRETE

050 230 Solids Contact Clarifiers CONCRETE CONCRETE CONCRETE

060 240 Lime Residual Pump Stations PEMB PEMB PEMB

150 260 Chemical Storage & Feed Building PRECAST PRECAST PRECAST

310 Recarbonation Splitter Structure CONCRETE CONCRETE CONCRETE

070 320 Filter Building PRECAST PRECAST PRECAST

100 330 Chlorine Contact CONCRETE CONCRETE CONCRETE

100 340 Finished Water PS/Wetwell PEMB PEMB PEMB

100 350 Backwash PS/Wetwell PEMB PEMB PEMB

110 360 Clearwells PRECAST PRECAST PRECAST

120 380 High Service PS PEMB PEMB PEMB

160 400 Disinfection Feed Building PRECAST PRECAST PRECAST

090 (a) 410 FTW EQ Basins & PS's PEMB PEMB PEMB

090 (b) 410 BWW EQ Basins & PS's PEMB PEMB PEMB

130 430 Lime Residual Mix Tank CONCRETE CONCRETE CONCRETE

140 440 Sludge Thickener & Basin Drain

Disposal PS

PEMB PEMB PEMB

210 460 Storm Water PS CONCRETE PREFAB - ELEC CONCRETE

250 470 Hess Flow Control Building @ MWTP CONCRETE VAULT CONCRETE VAULT CONCRETE VAULT

170 510 Administration Building PEMB PEMB PEMB

180 520 Operations Building CONCRETE CONCRETE PRECAST

190 530 Maintenance Building PEMB PEMB PEMB

200 540 Generator Building CMU PRECAST PRECAST

570 HSPS Electrical Bldg PEMB PEMB PEMB


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140000 CONVEYOR SYSTEM

One (1) 5-ton bridge crane in the Maintenance Building

One (1) 10-ton bridge crane in the High Service Pump Station

150050 SITE / OFF SITE PIPING

Piping Greater than 54” – AWWA C200 Spiral-welded steel pipe, Cement Mortar

Lined, Poly wrapped, no cathodic protection

Piping 36” to 54” – Ductile Iron Pipe, Pressure Class 150, Restrained Joint, Cement

Mortar Lined Pipe & Fittings

Piping Less than 36” – Ductile Iron Pipe, Pressure Class 250, Restrained Joint, Cement

Mortar Lined Pipe & Fittings

Potable / Non-Potable Water 4” and Larger – Ductile Iron Pipe, Restrained Joint,

Cement Mortar Lined Pipe & Fittings or C900

Potable / Non-Potable Water Less than 4” – Type L Copper Pipe and Fittings

Natural Gas – Medium-Density Polyethylene SR-XX

Chemical Feed Piping –

CO2 – Tank to control valve – Black Iron Sched 80 Weld

Control valve to Injector – Sched 80 PVC

Ferric, Polyphosphate, Polymer – Sched 80 PVC glue fittings

Lime- Sched 10 304 SS or Sched 80 CPVC

Chlorine – Storage Tank to VCR – Black Iron Sched 80 Weld

VCR to Injector – Sched 80 PVC

Sanitary Sewer Pipe – PVC SDR 35 Pipe and Fittings

Storm Sewer Pipe – Reinforced Concrete Pipe and Fittings

151000 PROCESS PIPING

Interior Process Piping – AWWA C110 Flanged Ductile Iron Pipe and Fittings, Cement

Mortar Lined up to and including 54”.

Interior Process Piping above 54” – Fabricated Steel Pipe, Welded and Flanged.

Blower Piping – Sch 10 304 Stainless Steel, Welded and Flanged.

Chemical Feed Piping – PVC/CPVC Sch 80 Pipe and Fitting with Glued Fittings, single

walled.

Scrubber Ductwork – FRP with Glued and Flanged Joints.

152000 VALVES

Butterfly Valves – Pratt , Dezurik

Plug Valves – Pratt, Dezurik

Ball Valves (large) – Pratt, Dezurik

Gate Valves – Pratt, Mueller


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Check Valves – Pratt, Dezurik

Pinch Valves – Red Valve, Onyx

Flow Control Valves – Pratt, Bailey

Influent flow control vault four (4) – 48”

Hess – Three (3) – 48”

Valve actuators will per the P&ID design – Limitorque, Rotork, Auma

153000 GATES

Weir Gates – 316SS (Hydrogate, RW Gate, Rodney Hunt, Waterman)

Aerators – Motorized operator; (2) ea 96” x 12”

Recarbonation & Splitter Structure – Motorized operator; (4) ea 120” x 48”

Slide Gates – 316SS (Hydrogate, RW Gate, Rodney Hunt, Waterman)

Influent Splitter – Manual operator; (1) ea 72” x 48”

Recarbonation & Splitter Structure – Motorized operator; (1) ea 84” x 84”, (1)

ea 96” x 96”

Chlorine Contact Basin – Manual operator; (23) ea 96” x 60”, (4) ea 54” x 54”

Filter Building – Motorized operator; (20) ea 48” x 48”

Channel Gates – 316SS (Hydrogate, RW Gate, Rodney Hunt, Waterman)

Filter Building – Motor operator; (10) ea 84” x 84”

Stop Logs – 316SS (Hydrogate, RW Gate, Rodney Hunt, Waterman)

Chlorine Contact Basin – (23) ea 96” x 60”, (11) sets of logs

Davit crane – (14) ea posts, (1) ea davit crane (not SS)

154000 PIPE SUPPORTS

Hangers and pedestals as required for adequate support as required for the pipe type,

service and location, in accordance with MSS-SP58

155000 PLUMBING

Underslab plumbing with floor drains – PVC

Vent plumbing – PVC

Roof Drains - PVC

Interior water piping 3-inch and smaller – Type L copper, with insulation for cold

water

Interior water piping 4-inch and above – Ductile Iron piping with flanged fittings,

insulated for cold water

Natural Gas piping as required for HVAC systems – Carbon Steel

Compressed Air – Type L Copper

Tepid water will be provided for safety showers

Cleanouts to be concrete encased

Non-potable water with ¾-inch hose bibs to be provided in each of the process

buildings


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Raw Water Flow Meter(s)

Raw Water Flow Control

Influent Flow Splitter & Meter Vault

Lime Residual Pump Station

Backwash Waste Equalization Basin and Recycle Pumping

Filter to Waste Equalization Basin and Recycle Pumping




Potable water with ¾-inch hose bibs to be provided in each of the following

structures:

Filter Building

Operations

Backwash Pump Station

Finished Water Pump Station


Hess – Flow Control Building


Administration

Maintenance

Toilets & wash basins where shown

Domestic Water with backflow preventors to be provided in the following structures:

Filter Building

Operations Building

Backwash Pump Station

Chemical Feed and Storage Building




Hess – Flow Control Building


Administration

Maintenance

Emergency eyewashes/showers to be provided in the following structures:

Chemical Feed and Storage Building



Admin Building

Operations Building

Water Softener in Chemical Feed & Storage Building and Disinfection Feed Building


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156000 FIRE SUPPRESSION

Fire suppression system to be designed and provided per current adopted codes and

standards

Startup and commissioning of system

Fire Suppression system in Admin Building only, which includes the following

Wet pipe system

Exterior fire department connection

Mainline & branch Pipes – black carbon steel

Drop Pipes – Flexible braided stainless steel

Semi-recessed pendent sprinkler heads

Tamper & water Flow switches

Backflow preventor

157000 HVAC

All HVAC systems to be designed and provided per current adopted codes and

standards

Ductwork as necessary to provide a complete and fully operational system

Controls as necessary to provide a complete and fully operational system

Startup and Test & Balance of HVAC systems

Ductwork to be aluminum unless noted otherwise

Influent Flow Control Electrical Building

Exhaust fans with control damper

Intake Control Damper/Louver

Gas Unit Heaters

Lime Residual Pump Stations

Exhaust fan with control damper

Intake Control Damper/Louvers

Gas Unit Heaters

Dehumidification

Filter Building

Hydronic Heating system which includes the following:

Heat exchanger

Hydronic Pumps

Fin-tube radiators around interior walls

Dehumidification

Exhaust Fans with control dampers

Intake Control Damper / Louvers

Water Source Heat Pump for Electrical Room

Gas Unit Heaters

Dehumidification

Backwash to Waste Pump Station


REV 7 FINAL

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Exhaust Fan with control damper

Intake control damper/louvers

Gas Unit Heater

Dehumidification

Split System for Electrical Room

Filter To Waste Pump Station

Exhaust Fan with control damper

Intake control damper/louvers

Gas Unit Heater

Dehumidification

Split System for Electrical Room

Backwash & Finished Water Pump Stations

Desiccant Dehumidification

Gas Fired RTUs

Exhaust Control Damper/Louver


Desiccant Dehumidification

Gas Fired RTUs

Exhaust Control Damper/Louver


Gas Unit Heaters

Exhaust Fans with control dampers

Intake Control dampers/ louvers

RTU for MCC Rooms – 8.5 Ton


Ductless split system for the Electrical Room

(2) Energy Recovery Ventilators (Aluminum Construction)

Make Up Air unit

Exhaust Fans with Control Dampers

Intake control dampers/louvers

Gas Unit Heaters

FRP Ductwork throughout building


Ductless split systems for the Electrical Room

(2) Energy Recovery Ventilators (Aluminum Construction)

Make Up Air unit

Exhaust Fans with Control Dampers


Electric Unit Heaters

FRP Ductwork throughout building

Corrosion Resistant MAU, ERVs, and FRP Fans


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Generator Electrical Room

(Generators are in rated separate enclosures)


(2) Ductless Split Systems for Electrical Room

Administration Building

(3) Ductless Split Systems

Packaged RTU

Ductwork with VAV boxes as required

(2) Boilers

(2) Primary and (2) Secondary Hot Water Pumps

Exhaust Fans

Automatic Glycol Package System

Humidification System

RO System


Exhaust System for Vehicle Maintenance bay

High Volume Low Speed Fans for Maintenance bay

Infrared Tube Heaters for Maintenance Bay

Intake Control Dampers/louvers

Packaged RTU

Operations Building

Water Source Heat Pumps

Ductless Split System for IT Room

160000 ELECTRICAL

Work shall be in accordance with 2017 edition of the National Electric code and

incompliance with current adopted local codes

Ground ring and risers to be uncoated copper with #3/0 AWG ring and minimum #2

AWG risers.

Manholes to be precast concrete. Handholes less than 3-feet depth to be HDPE or

polymer concrete. Handholes larger than 3-feet shall be precast concrete

Below-grade conduit to be in reinforced concrete ductbanks and encased in flowable

fill (per the detail design)

Direct-bury conduits will be installed with a flowable fill cap

Rigid aluminum conduit at outdoor spaces and indoor damp/wet locations above

grade

PVC Coated Rigid Galvanized steel conduit at corrosive indoor spaces

Rigid Galvanized Steel or Rigid Aluminum Conduit at non-hazardous, non-corrosive,

indoor spaces

Lighting to be LED fixtures

Interior communication cabling to be unshielded CAT6 cable


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Insulation to be RHH/RHW/USE-2 for main feeders, XHHW-2 for wire that leaves the

building envelope, THHN/THWN for lighting and interior circuits, VFD Motor Feeders

to be XHHW-2 with 100% copper tape shield

Lightning protection system for the following structures

Influent Flow Control Electrical Building

Lime Removal Pump Stations


Filter Building




BWW & FTW Pump Station


Thickener Decant Pump Station

Stormwater Pump Station

Admin Building


Operations Building

Building Automation systems for the following structures


BWW & FTW Pump Stations


Stormwater Pump Station

Admin Building


Operations Building

Remote/local disconnects only at equipment exterior to building – All equipment with

local control panels shall be built with incorporated local disconnection means

VFD’s will be with Harmonic Filters for IEEE519 compliance

Furnish and install four (4) 2,250kW Diesel Gensets with a minimum 48hrs of fuel

storage at full load (NTU, CAT, Cummins, Kohler)

Motor Control Centers and Transformers (Square D, Eaton, Siemens)

On-site substation by Westar

Includes feeds from on-site substation to transformers

Includes an allowance for offsite fiber/ductbank as shown on the drawings (See

section 900000 – Allowances)

Includes fire alarm system at the Chemical Feed & Storage Building, Filtered Water

Pump Stations, Backwash Pump Stations, Disinfection Feed Building, and Admin

building.

All conductors will be copper.

Power and control wiring will be in separate conduits and handholes


REV 7 FINAL

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ARC flash hazard analysis is included

CCTV & Access Control – see section 900000 – Allowances – item 3. Security

900000 ALLOWANCES

Allowance items are included in the lump sum price. Decisions will be made by the

Owner for their use. In the event that decisions are made in excess of the amounts

listed, the Owner shall pay such additional cost. In the event that decisions are made

for amounts less than what is listed, the Owner shall be entitled to any and all

amounts remaining in the value.

1. Furnishings - $145,000.00 for any office, meeting room, lab furniture and

appliances include any requested white/display boards, AV equipment, kitchen

appliances.

2. Laboratory - $600,000.00 for any cabinets, countertops / backsplash and

laboratory equipment in the Admin and Operations buildings This includes but not

limited to any glass washers, fume hoods, ovens / furnaces, vacuum equipment

and piping, and deionized water systems.

3. Security - $741,000.00 – to develop a fully integrated electronic security system

which could include video surveillance, access control, and intrusion detection

systems (IDSs). Hardware, software, licensing, and programming shall be provided

by the integrator to meet the intent of the design documents as a part of this

allowance.

4. Offsite Fiber / Network Development - $2,700,000.00 – base scope for I/C and

SCADA is defined within section 130000. This allowance is to cover the offsite

fiber as well as additional City IT Department requirements as may be necessary

for management and control.

5. Building permit and plan review fees - $1,000,000.00 – building, mechanical,

plumbing and electrical permit fees as may be required for the project

6. Landscaping - $150,000. – other than vegetative cover per City Standard to

discharge the SWPPP.

7. Cheney Raw Water Crossover Pipeline - $3,000,000.00- A 66 inch raw water

pipeline will be constructed to connect from the existing 60 inch concrete raw

water line located near the intersection of 21st Street and Hoover Road to the

proposed NWWF site.

Exhibit E-4 Allowances

Exhibit E-4 Allowances

NWWTF PHASE TWO STIPULTATED PRICE PROPOSAL | Appendix E, Exhibit 4

The allowances indicated below have been included in the base scope and price for the project. At the Owner’s discretion, the allowances can be utilized for the individual line items below. The Design-Builder will maintain itemized accounting of Owner decisions during Phase Two execution for each line item. The Owner may also reallocate funding between the allowances as necessary and at the Owner’s discretion. Any remaining funds from the allowances will be credited 100% to the Owner at the end of the project. Any additional costs for the line items below will be at the Owner’s expense, and the Design-Builder is NOT AT RISK for additional funding related to the below line items.

Allowance Value Comment

Baseline Allowances In the base scope and price

1. Furnishings $145,000 Per section 90000, item #1 of the Work Description in Exhibit E-3 to the Draft Phase 2 Amendment

2. Laboratory $600,000 Per section 90000, item #2 of the Work Description in Exhibit E-3 to the Draft Phase 2 Amendment

3. Security $741,000 Per section 90000, item #3 of the Work Description in Exhibit E-3 to the Draft Phase 2 Amendment

4. Offsite Fiber/ Network Development $2,700,000 Per section 90000, item #4 of the Work Description in Exhibit E-3 to the Draft Phase 2 Amendment

5. Building Permit and Plan Reviews $1,000,000 Per section 90000, item #5 of the Work Description in Exhibit E-3 to the Draft Phase 2 Amendment

6. Landscaping $150,000 Per section 90000, item #6 of the Work Description in Exhibit E-3 to the Draft Phase 2 Amendment

7. Cheney Raw Water Crossover Pipeline

$3,000,000 Per section 90000, item #7 of the Work Description in Exhibit E-3 to the Draft Phase 2 Amendment

8. Owner’s Discretionary Allowance $1,250,331 Allowance to be used only at Owner’s direction

Exhibit E-5 Owner and Design Builder Permit Responsibility List

Exhibit E-5 Owner and Design-Builder Permit Responsibility List

NWWTF PHASE TWO STIPULTATED PRICE PROPOSAL | Appendix E, Exhibit 5

Responsibility Owner Design-Builder

Building Permit - MABCD X

Storm Water Pollution Prevention (SWPPP) – For Construction Activities X

USACE 404 Permit Dredge and Fill (if required) X

Utility Work in Public Right-of-Way X

Dirt / Pavement Cut Permit(s) X

Use of Street Permit(s) X

K&O Railroad Crossing Permit X

KDOT Highway Use Permit (if required) X

KDHE Modification of Public Water Supply Permit X NPDES Permit (MS4) X MABCD Certificate of Occupancy X

USACE Section 408 Levee Protection (if required) X

Modification to NPDES for Lagoon Discharge (if required) X Site Dewatering Permits (as required) X

Exhibit E-6 Owner’s Site Representative,

Responsibilities and Limits of Authority

(To be Inserted by City of Wichita)

Exhibit E-7 Requirements for Performance Testing and Acceptance

Exhibit Exhibit Exhibit Exhibit EEEE----7 Requirements for 7 Requirements for 7 Requirements for 7 Requirements for Performance Testing & Performance Testing & Performance Testing & Performance Testing & AcceptanceAcceptanceAcceptanceAcceptance

NWWTF PHASE TWO STIPULTATED PRICE PROPOSALNWWTF PHASE TWO STIPULTATED PRICE PROPOSALNWWTF PHASE TWO STIPULTATED PRICE PROPOSALNWWTF PHASE TWO STIPULTATED PRICE PROPOSAL | Appendix E, Exhibit 7

Pursuant to the General Conditions Section 13.02 (J), this Exhibit describes the required Performance

Testing and Acceptance Testing (PTA). The PTA is expected to be accomplished prior to Substantial

Completion. The 12-month commissioning period indicated in the General Conditions Section 7.17 (A),

will encompass this PTA. Individual process unit testing, training and start-up tasks and this PTA will be

completed prior to Substantial Completion concurrent with and overlapping the commissioning and post

substantial completion training period. Protocols for individual process unit testing, startup and

commissioning will be detailed in the Start-up and Commissioning Plan.

Testing Protocol

A. The PTA is focused on achieving acceptable nominal finished water quality as outlined in Table 1

below.

B. Treated water quality acceptance standards must be achieved at a point immediately

downstream of the last treatment unit at the Northwest Water Treatment Facility. The treated

water will also be tested downstream of the NWWTF at the Hess Flow Control Structure for

comparison to the NWWTF test location to confirm finished water quality at the Hess location.

C. Performance testing shall be conducted continuously for a 72-hour period for each process train

until the treated water quality parameters are met.

D. All sampling, including raw water sampling, shall be conducted once every 2 (two) hours for the

duration of acceptance testing, and the raw water and finished water constituents tested for

compliance with Table 1 and Table 2 below.

E. The test is to be repeated under three (3) raw water influent flow conditions with water quality

within limits defined in Table 2. The raw water influent flow conditions are:

a. Single source from wellfield water (WFW) wells

b. Single source from surface water (SW) Cheney reservoir

c. 50/50 blend of SW and WFW

It is recognized that it is not possible at this time for the City to define the amount of flow that can be

consistently provided from each source at each of these 3 flow conditions. The City’s ability to provide

water will be dependent on the City’s water demands prevailing at the time of testing. The Design-

Builder will work with the City to mutually agree to the flow rates for each of the three test conditions as

part of the Start-up and Commissioning Plan. Operational interaction between each train and portions

thereof shall also be demonstrated during each of the flow conditions.

F. Because of the limitations of raw water quantity available to accomplish full scale testing, the

PTA will be accomplished utilizing a scaled approach based on the available quantity as provided

by the City, and the PTA will be executed based on the volume and rate provided.

G. During the pre-PTA period, the Design-Builder shall lubricate and maintain all equipment in

accordance with the manufacturers' recommendations and perform other maintenance

procedures required by manufacturers’ O&M manuals. Post-PTA and Substantial Completion,

these responsibilities will transfer to the Owner’s Operations Team as defined in the contract

General Conditions 10.01 (A).

H. Owner shall provide adequate raw water for each test condition, chemicals and electricity for

startup, testing and commissioning in accordance with the Contract Documents.

I. At the completion of acceptance testing, or during acceptance testing as the need arises,

Design-Builder shall dispose of testing water by wasting to the raw water line for the Main

Water Treatment Plant, by recycling internal to the NWWF, or as agreed by the Owner.



J. Upon approved completion of acceptance testing by the Owner, the Design Builder shall

prepare and submit the following:

i. A certification that acceptance testing was conducted in accordance with this Exhibit.

ii. All data measured and recorded during the acceptance testing including laboratory

analyses, instrument calibrations, pressures, and measurements.

iii. A record of any equipment outages, failures/malfunctions and preventative

maintenance.

iv. Summary of acceptance testing results. All calculations used in determining test results

and comparing results with applicable acceptance standards.

v. Certified laboratory reports with results from testing.

Treated Water Quality Acceptance Criteria and Raw Water Quality Envelope Criteria

Table 1 below represents the Treated Water requirements that must be demonstrated as part of this

PTA. Upon demonstrating the Nominal Treated Water Quality Acceptance Criteria as provided in Table

1, the Design-Builder will accomplish the requirements necessary to achieve substantial completion for

the project. It is understood that the Design-Builder’s ability to meet the Nominal Treated Water

Quality Acceptance Criteria and achieve Substantial completion is contingent upon the Owner’s ability

and obligation to provide Raw Water Quantity within the ranges and parameters set forth in Table 2.

Table 1 Treated Water Quality Acceptance Criteria

PARAMETER

NOMINAL TREATED

WATER QUALITY

ACCEPTANCE CRITERIA

Combined Filter Turbidity ≤ 0.1 NTU for 95% of readings.

Filter Effluent Turbidity

(Individual Filter)

Not to exceed 0.3 NTU

≤ 0.1 NTU for 95% of readings.

Manganese < 0.05 mg/L

Iron SMCL = 0.3 mg/L

Total Hardness < 130 mg/Las CaC03

Viruses ≥ 4-log removal/inactivation

Giardia ≥ 3-log removal/inactivation

Cryptosporidium ≥ 3-log removal/inactivation

pH 8.0 - 8.5 s.u.

Alkalinity ≥ 80 mg/L as CaC03

Total Organic Carbon (TOC) Per 40 CFR 141.135. Alternative Compliance; OR, Step 1

Bromate <5.0 μg/L RAA

TTHM < 60 μg/L

HAAS ≤ 30 μg/L

Arsenic ≤ 1.5 μg/L

Lead ≤ 0.2 μg/L

Copper ≤ 17 μg/L



The below Table 2 represents the Owner’s criteria for Raw Water Quality. The Owner is obligated to

provide Raw Water at the quantity and quality necessary for the Design-Builder to demonstrate PTA and

substantial completion. The Owner is responsible for providing the necessary raw water regardless from

either the Cheney Reservoir, the Equus Wellfields, or any range of blends between the two sources are

shown in Table 2 below.

Table 2 Raw Water Quality Envelope Criteria

PARAMETER UNITS

MINIMUM

MAXIMUM

pH s.u. 7.13 8.9

Temperature oC 1.8 26.7

Conductivity µmho/cm2 581 1,270

TOC mg/L 0.9 6.75

Turbidity NTU 0 94.4

Total Hardness mg/L as CaCO3 150 348

Calcium Hardness mg/L as CaCO3 95 266

Magnesium Hardness mg/L as CaCO3 45 82

Alkalinity mg/L as CaCO3 130 263

Sulfate mg/L 12.8 194

Chloride mg/L 106 210

Bromide mg/L 0.00958 0.28

Phosphorus mg/L 0 0.1

Nitrate, as N mg/L 0 1.04

Fluoride mg/L 0 0.9

Calcium mg/L 0 106

Magnesium mg/L 0 19.9

Sodium mg/L 0 131

Potassium mg/L 0 8.3

Iron mg/L 0 1.74

Manganese mg/L 0 0.4

Barium mg/L 0 0.15

Strontium mg/L 0 0.8

Atrazine µg/L 0 0.003

Arsenic µg/L 0 1.5

Lead µg/L 0 0.2

Copper µg/L 0 17

SUVA L/mg-m 0 2.0

Bromate µg/L 0 5.0

Exhibit E-8 Performance and Payment Bonds

(To be Inserted After Contract Execution)

Exhibit E-9 KDHE SRF Contract Provisions

KDHE SRF CONTRACT PROVISIONS

wcarr

Text Box

Rev. 05-02-2017

KDHE SRF Forms and Certifications (Must be submitted with Bids)

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I J K L M N O P Q R O S T U V W X Y Z [N Z \ ] ^ _ ` ^ a ` a ^ [ b

Project Director

9/12/2019

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*Note: To be completed during Phase 2 execution.

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*Note: To be completed during Phase 2 execution for each subcontractor as required.

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Ù Ú Û Ü Ý Þ ß à á â Û Ü ã â ä à å æ ç å è â Û á ã â è é Û Û Ü à å æ Þ Ý â è Û å ê ã â ä Ú à ë á ã ß ß Û á ä à ã å ã ê à å ê ã â ì ç ä à ã å à ë Û ë ä à ì ç ä Û è ä ã ç í Û â ç æ Û ä Ú â Û Û î ï ð Ú ã Ý â ëÜ Û â â Û ë Ü ã å ë Û ñ ò Û å è á ã ì ì Û å ä ë ã å ä Ú Û ó æ Û å á ô õ ë å Û Û è ê ã â ä Ú à ë à å ê ã â ì ç ä à ã å ö ä Ú Û ç á á Ý â ç á ô ã ê ä Ú Û Ü â ã í à è Û è Þ Ý â è Û åÛ ë ä à ì ç ä Û ë ö ç å è ç å ô ë Ý æ æ Û ë ä Û è ì Û ä Ú ã è ë ê ã â ì à å à ì à ÷ à å æ â Û ë Ü ã å è Û å ä Þ Ý â è Û å ö à å á ß Ý è à å æ ä Ú â ã Ý æ Ú ä Ú Û Ý ë Û ã ê ç Ý ä ã ì ç ä Û èá ã ß ß Û á ä à ã å ä Û á Ú å à ø Ý Û ë ä ã ä Ú Û ù à â Û á ä ã â ö ú ã ß ß Û á ä à ã å ò ä â ç ä Û æ à Û ë ù à í à ë à ã å ö û ñ ò ñ ü å í à â ã å ì Û å ä ç ß ý â ã ä Û á ä à ã å ó æ Û å á ô î þ ÿ þ þ Ù ð ö � þ � �ý Û å å ë ô ß í ç å à ç ó í Û ñ ö � � ö � ç ë Ú à å æ ä ã å ö ù ñ ú ñ þ � � � � ñ � å á ß Ý è Û ä Ú Û � � á ã å ä â ã ß å Ý ì Þ Û â à å ç å ô á ã â â Û ë Ü ã å è Û å á Û ñ ù ã å ã ä ë Û å èä Ú Û á ã ì Ü ß Û ä Û è ê ã â ì ä ã ä Ú à ë ç è è â Û ë ë ñ

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KDHE SRF Provisions

wcarr

Text Box

Rev. 05-02-2017

Contract Provisions for Equal Opportunity

1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The contractor will, in all solicitations or advancements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.

3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

7. The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States." [Sec. 202 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp., p. 684, EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]

KDHE SRF Provisions Page 1 Rev. 05-02-2017

Equal Employment Opportunity is

THE LAWPrivate Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations�

Applicants to and employees of most private employers, state and local governments, educational institutions, employment agencies and labor organizations are protected under Federal law from discrimination on the following bases:�

RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN Title VII of the Civil Rights Act of 1964, as amended, protects applicants and employees from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex (including pregnancy), or national origin. Religious discrimination includes failing to reasonably accommodate an employee’s religious practices where the accommodation does not impose undue hardship.

DISABILITY Title I and Title V of the Americans with Disabilities Act of 1990, as amended, protect qualified individuals from discrimination on the basis of disability in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship.

AGE The Age Discrimination in Employment Act of 1967, as amended, protects applicants and employees 40 years of age or older from discrimination based on age in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment.

SEX (WAGES) In addition to sex discrimination prohibited by Title VII of the Civil Rights Act, as amended, the Equal Pay Act of 1963, as amended, prohibits sex discrimination in the payment of wages to women and men performing substantially equal work, in jobs that require equal skill, effort, and responsibility, under similar working conditions, in the same establishment.

GENETICS Title II of the Genetic Information Nondiscrimination Act of 2008 protects applicants and employees from discrimination based on genetic information in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. GINA also restricts employers’ acquisition of genetic information and strictly limits disclosure of genetic information. Genetic information includes information about genetic tests of applicants, employees, or their family members; the manifestation of diseases or disorders in family members (family medical history); and requests for or receipt of genetic services by applicants, employees, or their family members.

RETALIATION All of these Federal laws prohibit covered entities from retaliating against a person who files a charge of discrimination, participates in a discrimination proceeding, or otherwise opposes an unlawful employment practice.

WHAT TO DO IF YOU BELIEVE DISCRIMINATION HAS OCCURRED There are strict time limits for filing charges of employment discrimination. To preserve the ability of EEOC to act on your behalf and to protect your right to file a private lawsuit, should you ultimately need to, you should contact EEOC promptly when discrimination is suspected: The U.S. Equal Employment Opportunity Commission (EEOC), 1-800-669-4000 (toll-free) or 1-800-669-6820 (toll-free TTY number for individuals with hearing impairments). EEOC field office information is available at www.eeoc.gov or in most telephone directories in the U.S. Government or Federal Government section. Additional information about EEOC, including information about charge filing, is available at www.eeoc.gov.


Employers Holding Federal Contracts or Subcontracts

Applicants to and employees of companies with a Federal government contract or subcontract are protected under Federal law from discrimination on the following bases:

RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN Executive Order 11246, as amended, prohibits job discrimination on the basis of race, color, religion, sex or national origin, and requires affirmative action to ensure equality of opportunity in all aspects of employment.

INDIVIDUALS WITH DISABILITIES Section 503 of the Rehabilitation Act of 1973, as amended, protects qualified individuals from discrimination on the basis of disability in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship. Section 503 also requires that Federal contractors take affirmative action to employ and advance in employment qualified individuals with disabilities at all levels of employment, including the executive level.

DISABLED, RECENTLY SEPARATED, OTHER PROTECTED, AND ARMED FORCES SERVICE MEDAL VETERANS The Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212, prohibits job discrimination and requires affirmative action to employ and advance in employment disabled veterans, recently separated veterans (within

three years of discharge or release from active duty), other protected veterans (veterans who served during a war or in a campaign or expedition for which a campaign badge has been authorized), and Armed Forces service medal veterans (veterans who, while on active duty, participated in a U.S. military operation for which an Armed Forces service medal was awarded).

RETALIATION Retaliation is prohibited against a person who files a complaint of discrimination, participates in an OFCCP proceeding, or otherwise opposes discrimination under these Federal laws.

Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under the authorities above should contact immediately:

The Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210, 1-800-397-6251 (toll-free) or (202) 693-1337 (TTY). OFCCP may also be contacted by e-mail at [email protected], or by calling an OFCCP regional or district office, listed in most telephone directories under U.S. Government, Department of Labor.

Programs or Activities Receiving Federal Financial Assistance

RACE, COLOR, NATIONAL ORIGIN, SEX INDIVIDUALS WITH DISABILITIES In addition to the protections of Title VII of the Civil Rights Act of 1964, as Section 504 of the Rehabilitation Act of 1973, as amended, prohibits employment amended, Title VI of the Civil Rights Act of 1964, as amended, prohibits discrimination on the basis of disability in any program or activity which receives discrimination on the basis of race, color or national origin in programs or Federal financial assistance. Discrimination is prohibited in all aspects of activities receiving Federal financial assistance. Employment discrimination employment against persons with disabilities who, with or without reasonable is covered by Title VI if the primary objective of the financial assistance is accommodation, can perform the essential functions of the job. provision of employment, or where employment discrimination causes or may

If you believe you have been discriminated against in a program of any cause discrimination in providing services under such programs. Title IX of the institution which receives Federal financial assistance, you should immediately Education Amendments of 1972 prohibits employment discrimination on the contact the Federal agency providing such assistance. basis of sex in educational programs or activities which receive Federal financial

assistance.

EEOC 9/02 and OFCCP 8/08 Versions Useable With 11/09 Supplement EEOC-P/E-1 (Revised 11/09) KDHE SRF Provisions Page 3

Rev. 05-02-2017

Contract Provisions for the Kansas Act Against Discrimination

(a) Except as provided by subsection (c), every contractor for or on behalf of the State and any county or municipality or other political subdivision of the State, or any agency of or authority created by any of the foregoing, for the construction, alteration, or repair of any public building or public work or for the acquisition of materials, equipment, supplies, or services shall contain provisions by which the contractor agrees that:

(1) The contractor shall observe the provisions of the Kansas Act Against Discrimination and shall not discriminate against any person in the performance of work under the present contract because of race, religion, color, sex, disability, national origin, or ancestry;

(2) In all solicitations or advertisements for employees, the contractor shall include the phrase

“equal opportunity employer” or a similar phrase to be approved by the Commission;

(3) If the contractor fails to comply with the manner in which the contractor reports to the Commission in accordance with the provisions of K.S.A.44-1031 and amendments thereto, the contractor shall be deemed to have breached the present contract and it may be cancelled, terminated, or suspended, in whole or in part, by the contracting agency;

(4) If the contractor is found guilty of a violation of the Kansas Act Against Discrimination

under a decision or order of the Commission which has become final, the contractor shall be deemed to have breached the present contract and it may be cancelled, terminated or suspended, in whole, or in part, by the contracting agency;

(5) The contractor shall include the provisions of subsections (a)(1) through (4) in every

subcontract or purchase order so that such provisions will be binding upon such subcontractor or vendor.

(b) The Kansas Human Rights Commission shall not be prevented hereby from requiring reports of contractors found to be not in compliance with the Kansas Act Against Discrimination. (c) The provisions of this section shall not apply to a contract entered into by a contractor: (1) Who employs fewer than four employees during the term of such contract; or

(2) Whose contracts with the governmental entity letting such contract cumulatively total $5,000 or less during the fiscal year of such governmental entity.

Contract Provisions for right of entry by KDHE

The Contractor shall secure the right of entry to the project site for representatives of the Kansas Department of Health and Environment, so they may have access to the work whenever it is in preparation or progress and also to any books, documents, papers and records of the Contractor which are directly pertinent to that specific contract for the purpose of making audit, examinations, excerpts and transcriptions. Proper facilities and safe conditions must be provided for access and inspections, including advice regarding site safety procedures and programs to allow compliance.

Contract Provisions for Historical and Archeological Deposits

If during the course of construction evidence of deposits of historical or archeological interest is found, the contractor shall cease operations affecting the find and shall notify the owner who shall notify the Kansas Department of Health and Environment and the Executive Director, Kansas State Historical Society, 6425 SW 6th Street, Topeka, Kansas 66615. No further disturbance of the deposits shall ensue until the contractor has


been notified by the owner that he may proceed. The owner will issue a notice to proceed only after the State official has surveyed the find and made a determination to Kansas Department of Health and Environment and the owner. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the specifications.

Contract Provisions for NPDES General Permit Coverage for Discharges of Stormwater Runoff from Construction Activities

The owner or Contractor must obtain, prior to construction, permit coverage from KDHE to discharge stormwater runoff associated with construction activity for most any project which disturbs one acre or more of soils. A Notice of Intent form (NOI) must be submitted to KDHE 60 days before the start of construction and a permit determination from KDHE must be made before construction can begin. The Kansas construction stormwater general permit, a Notice of Intent (application form), a frequently asked questions file, and supplemental materials are available on-line on the KDHE Stormwater Web Page at www.kdhe.state.ks.us/stormwater.

Contract Provisions for Restrictions on Lobbying

The Contractor agrees to comply with Title 40 CRF Part 34, New Restrictions on Lobbying. A Certification form must be submitted with the bid documents.

Contract Provisions for the Trafficking Victims Protection Act of 2000

The Contractor, its employees, sub-contractors, and sub-contractors employees under any KPWSLF Loan Agreement, may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is in effect; or use forced labor in the performance of the award or sub-awards under the award.

Contract Provisions for Suspension and Debarment The Contractor certifies that it is not suspended or debarred from participating in federal assistance and benefit programs and further agrees to fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled “Responsibilities of Participants Regarding Transactions.” The Contractor must ensure that any lower tier covered transaction, as described in Subpart B of 2 CFR Part 180 and 2 CFR Part 1532, entitled “Covered Transactions,” includes a term or condition requiring compliance with Subpart C. The Contractor agrees that failing to disclose the required information in 2 CFR 180.335 may result in the delay or negation of this assistance agreement, or pursuance of legal remedies, including suspension and debarment.

Contract Provisions for Non Discrimination

The contractor must comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and a variety of program-specific statutes with nondiscrimination requirements. Other civil rights laws may impose additional requirements on the contractor. These laws include, but are not limited to, Title VII of the Civil Rights Act of 1964 (prohibiting race, color, national origin, religion, and sex discrimination in employment), the Americans with Disabilities Act (prohibiting disability discrimination in employment and in services provided by State and local governments, businesses, and non-profit agencies), and the Fair Housing Act (prohibiting race, color, national origin, age, family status, and disability discrimination in housing), as well as any other applicable civil rights laws.


Contract Provisions for Non Segregated Facilities

The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensuring that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. This obligation extends to all contracts containing the equal opportunity clause regardless of the amount of the contract. The term “facilities,” as used in this section, means waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, wash rooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees; Provided, That separate or single-user restrooms and necessary dressing or sleeping areas shall be provided to assure privacy between the sexes.

Contract Provisions for American Iron and Steel All of the iron and steel products used in the project must be produced in the United States. The term ‘‘iron and steel products’’ means the following products made primarily of iron or steel - lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. A Certification form must be submitted with the bid documents. The following definitions apply to this provision. Municipal castings are cast iron or steel infrastructure products that are melted and cast. They typically provide access, protection, or housing for components incorporated into utility owned drinking water, storm water, wastewater, and surface infrastructure. They are typically made of grey or ductile iron, or steel. Examples of municipal castings are access hatches, ballast screen, benches (Iron or Steel), bollards, cast bases, cast iron hinged hatches, square and rectangular; cast iron riser rings, catch basin inlet, cleanout/monument boxes, construction covers and frames, curb and corner guards, curb openings, detectable warning plates, downspout shoes (boot, inlet), drainage grates, frames and curb inlets, inlets; junction boxes, lampposts, manhole covers, rings and frames, and risers. Construction materials are those articles, materials, or supplies made primarily of iron and steel, that are permanently incorporated into the project, not including mechanical and/or electrical components, equipment and systems. Some of these products may overlap with what is also considered “structural steel”. This includes, but is not limited to, the following products: wire rod, bar, angles, concrete reinforcing bar, wire, wire cloth, wire rope and cables, tubing, framing, joists, trusses, fasteners (i.e., nuts and bolts), welding rods, decking, grating, railings, stairs, access ramps, fire escapes, ladders, wall panels, dome structures, roofing, ductwork, surface drains, cable hanging systems, manhole steps, fencing and fence tubing, guardrails, doors, and stationary screens. Mechanical and electrical components, equipment and systems are NOT considered construction materials. Mechanical equipment is typically that which has motorized parts and/or is powered by a motor. Electrical equipment is typically any machine powered by electricity and includes components that are part of the electrical distribution system. The following examples (including their appurtenances necessary for their intended use and operation) are NOT considered construction materials: pumps, motors, gear reducers, drives (including variable frequency drives (VFDs)), electric/pneumatic/manual accessories used to operate valves (such as electric valve actuators), mixers, gates, motorized screens (such as traveling screens), blowers/aeration equipment, compressors, meters, sensors, controls and switches, supervisory control and data acquisition (SCADA), membrane bioreactor systems, membrane filtration systems, filters, clarifiers and clarifier mechanisms, rakes, grinders, disinfection systems, presses (including belt presses), conveyors, cranes, HVAC (excluding ductwork), water heaters, heat exchangers, generators, cabinetry and housings


(such as electrical boxes/enclosures), lighting fixtures, electrical conduit, emergency life systems, metal office furniture, shelving, laboratory equipment, analytical instrumentation, and dewatering equipment.

Noncompliance with this provision is only allowed through a waiver issued by the U.S. Environmental Protection Agency. Q&A documents, waiver request instructions, and a list of proposed and approved waivers can be found at http://water.epa.gov/grants_funding/aisrequirement.cfm .

Davis Bacon Wage Rate Contract Provisions (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3) ), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5 (a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. Loan Recipients may obtain wage determinations from the U.S. Department of Labor’s web site, www.wdol.gov. (ii)(A) The Loan Recipient(s), on behalf of EPA, shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The EPA award official shall coordinate with the Department of Labor Wage and Hour Division to approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.


(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Loan Recipient(s) agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Loan Recipient (s) to the State award official. The State award official will transmit the report, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the State award official or will notify the State award official within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the and the Loan Recipient(s) do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the award official shall refer the questions, including the views of all interested parties and the recommendation of the State award official, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer award official or will notify the contracting officer award official within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The Loan Recipient(s) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security


number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the Loan Recipient, that is, the entity that receives the sub-grant or loan from the State capitalization grant recipient. Such documentation shall be available on request of the State recipient or EPA. As to each payroll copy received, the Loan Recipient shall provide written confirmation in a form satisfactory to the State indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weekly payrolls. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Loan Recipient (s) for transmission to the State or EPA if requested by EPA , the State, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the Loan Recipient (s). (B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (a)(3)(ii)(B) of this section.


(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the State, EPA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency or State may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees-- (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage


determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the EPA determines may by appropriate, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and Loan Recipient(s), State, EPA, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.


(11) Contract Provision for Contracts in Excess of $100,000. (a) The following provisions apply to all contracts that are in excess of $100,000. As used in these provisions, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The municipality, upon written request of the EPA Award Official or an authorized representative of the Department of Labor, shall withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a)(1) through (4) of this section. (b) In addition to the clauses contained in (a)(3), above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job.


Disadvantaged Business Enterprise Contract Provisions

The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. A Disadvantaged Business Enterprise (DBE) includes Women’s Business Enterprises, (WBE) Minority Business Enterprises (MBE), a Small Business Enterprises (SBE); a Small Business in Rural Area (SBRA); a Labor Surplus Area Firm (LSAF); or a Historically Underutilized Business (HUB) Zone Small Business Concern or a concern under a successor program. The contractor must also adopt a fair share objective of awarding 4.1/% of the contract amount to Minority Business Enterprises (MBE’s) and 6.9% of the contract amount to Women’s Business Enterprises (WBE’s). This fair share objective is not a quota and the contractor cannot be penalized for failure to meet this objective. The contractor is required to make the Good Faith Efforts and apply the administrative requirements listed below for any subcontracts.

Good Faith Efforts

1. Ensure DBEs are made aware of subcontracting opportunities to the fullest extent practicable through outreach and recruitment activities.

This step may include sending letters or making other personal contacts with DBEs.

DBEs should be contacted when other potential subcontractors/suppliers are contacted, within reasonable time (i.e. minimum of fifteen days) prior to bid submission or closing date for receipt of initial offers. Those letters or other contacts should communicate the following:

i. Specific description of the work to be subcontracted or supplies to be purchased; ii. How and where to obtain a copy of plans and specifications or other detailed

information needed to prepare a detailed price quotation; iii. Date the quotation is due to the prime contractor; iv. Name, address, and phone number of the person in the prime contractor’s firm

whom the prospective DBE subcontractor/supplier should contact for additional information.

2. Make information on forthcoming opportunities available to DBEs and arrange time

frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date.

KDHE SRF Provisions Page 13

Rev. 05-02-2017

3. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs.

4. Encourage contracting with a consortium of DBEs when a contract is too large for one of

these firms to handle individually.

5. Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce.

DBE Administrative Requirements

The contractor: 1. Must pay its subcontractor for satisfactory performance not more than 30 days from the

prime contractor’s receipt of payment. 2. Must notify KDHE in writing prior to termination of a DBE subcontractor for

convenience. 3. Must employ the good faith efforts when soliciting a replacement subcontractor, if the

original subcontractor fails to complete work for any reason. 4. Shall provide EPA Form 6100-2—DBE Program Subcontractor Participation Form to all

of its DBE subcontractors. Subcontractors can submit this form to KDHE if there are any concerns regarding the project.

5. Must have its DBE subcontractors complete EPA Form 6100-3—DBE Program

Subcontractor Performance Form, and submit it with the bid or proposal package. If DBE subcontractors are not anticipated to be used, a blank form with such notation must still be submitted with the prime bid package. You must still demonstrate DBE firms were provided an opportunity to obtain subcontracts.

6. Must complete and submit EPA Form 6100-4—DBE Program Subcontractor

Utilization Form with the bid or proposal package (use additional copies of form if needed). If DBE subcontractors are not anticipated to be used, a blank form with such notation must still be submitted with the prime bid package. You must still demonstrate DBE firms were provided an opportunity to obtain subcontracts.

Determination of Compliance If Prime contractors award any subcontracts, they must demonstrate compliance with DBE requirements in order to be deemed responsive prior to contract award. Demonstration of compliance shall include submittal of EPA Form 6100-3, EPA Form 6100-4, and a list of DBE subcontractors contacted and the method used to contact them (the attached Demonstration of Compliance with DBE Good Faith Efforts Worksheet can be used for this purpose).


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EMPLOYEE RIGHTSUNDER THE DAVIS-BACON ACT

fOR LABORERS AND MECHANICSEMPLOYED ON fEDERAL OR fEDERALLYASSISTED CONSTRUCTION PROjECTS

THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION

PREVAILING WAGES

OVERTIME

ENFORCEMENT

APPRENTICES

PROPER PAY

You must be paid not less than the wage rate listed in the Davis-Bacon Wage Decision posted with this Notice for the work you perform.

You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 in a work week. There are few exceptions.

Contract payments can be withheld to ensure workers receive wages and overtime pay due, and liquidated damages may apply if overtime pay requirements are not met. Davis-Bacon contract clauses allow contract termination and debarment of contractors from future federal contracts for up to three years. A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution, fines and/or imprisonment.

Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs.

If you do not receive proper pay, or require further information on the applicable wages, contact the Contracting Officer listed below:

or contact the U.S. Department of Labor’s Wage and Hour Division.

1-866-4-USWAGE (1-866-487-9243) TTY: 1-877-889-5627

WWW.WAGEHOUR.DOL.GOV U.S. Department of Labor Employment Standards Administration Wage and Hour Division

WH 1321(Revised April 2009)

For additional information:


REQUEST FOR AUTHORIZATION OFADDITIONAL CLASSIFICATION AND RATE

INSTRUCTIONS: THE CONTRACTOR SHALL COMPLETE ITEMS 3 THROUGH 16, KEEP A PENDING COPY, AND SUBMIT THE REQUEST, INQUADRUPLICATE, TO THE CONTRACTING OFFICER. 1. TO:

ADMINISTRATOR, Employment Standards AdministrationWAGE AND HOUR DIVISIONU.S. DEPARTMENT OF LABORWASHINGTON, D.C. 20210

2. FROM: (REPORTING OFFICE)

3. CONTRACTOR 4. DATE OF REQUEST

5. CONTRACT NUMBER 6. DATE BID OPENED (SEALED BIDDING)

7. DATE OF AWARD 8. DATE CONTRACT WORKSTARTED

9. DATE OPTION EXERCISED (IF APPLICABLE) (SCA ONLY)

10. SUBCONTRACTOR (IF ANY)

11. PROJECT AND DESCRIPTION OF WORK (ATTACH ADDITIONAL SHEET IF NEEDED)

12. LOCATION (CITY, COUNTY AND STATE)

13. IN ORDER TO COMPLETE THE WORK PROVIDED FOR UNDER THE ABOVE CONTRACT, IT IS NECESSARY TO ESTABLISH THE FOLLOWING RATE(S) FOR THEINDICATED CLASSIFICATION(S) NOT INCLUDED IN THE DEPARTMENT OF LABOR DETERMINATION

NUMBER: DATED:

a. LIST IN ORDER: PROPOSED CLASSIFICATION TITLE(S); JOB DESCRIPTION(S); DUTIES;AND RATIONALE FOR PROPOSED CLASSIFICATIONS (SCA ONLY) b. WAGE RATE(S)

c. FRINGE BENEFITSPAYMENTS

(Use reverse or attach additional sheets, if necessary)

14. SIGNATURE AND TITLE OF SUBCONTRACTOR REPRESENTATIVE(IF ANY)

15. SIGNATURE AND TITLE OF PRIME CONTRACTOR REPRESENTATIVE

16. SIGNATURE OF EMPLOYEE OR REPRESENTATIVE TITLE CHECK APPROPRIATE BOX-REFERENCING BLOCK 13.

AGREE DISAGREE

TO BE COMPLETED BY CONTRACTING OFFICER (CHECK AS APPROPRIATE - SEE FAR 22.1019 (SCA) OR FAR 22.406-3 (DBA))THE INTERESTED PARTIES AGREE AND THE CONTRACTING OFFICER RECOMMENDS APPROVAL BY THE WAGE AND HOUR DIVISION. AVAILABLEINFORMATION AND RECOMMENDATIONS ARE ATTACHED.

THE INTERESTED PARTIES CANNOT AGREE ON THE PROPOSED CLASSIFICATION AND WAGE RATE. A DETERMINATION OF THE QUESTION BY THE WAGEAND HOUR DIVISION IS THEREFORE REQUESTED. AVAILABLE INFORMATION AND RECOMMENDATIONS ARE ATTACHED.

(Send copies 1, 2, and 3 to Department of Labor)

SIGNATURE OF CONTRACTING OFFICER OR REPRESENTATIVE

STANDARD FORM 1444 (REV. 12-2001)Prescribed by GSA-FAR (48 CFR) 53.222(f)

TITLE AND COMMERCIAL TELEPHONENO.

DATE SUBMITED

CHECK APPROPRIATE BOX

SERVICE CONTRACT

CONSTRUCTION CONTRACT

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS USABLE

Public reporting burden for this collection of information is estimated to average 15 minutes per response, including the time for reviewinginstructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the FAR Secretariat (MVP), Office of Acquisition Policy, GSA, Washington, DC 20405; and to the Office of Management and Budget, PaperworkReduction Project (9000-0089), Washington, DC 20503.

OMB No.: 9000-0089Expires: 04/30/2005


U.S. Department of Labor PAYROLL Employment Standards Administration (For Contractor's Optional Use; See Instructions at www.dol.gov/esa/whd/forms/wh347instr.htm)Wage and Hour Division

Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

NAME OF CONTRACTOR OR SUBCONTRACTOR ADDRESS OMB No.: 1215-0149 Expires: 12/31/2011

PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO.

(1) (2) (3) (4) DAY AND DATE (5) (6) (7) (9) (8)

DEDUCTIONS

O

O

O

O

O

O

O

O

NAME AND INDIVIDUAL IDENTIFYING NUMBER (e.g., LAST FOUR DIGITS OF SOCIAL SECURITY

NUMBER) OF WORKER NO

. OF

W

ITH

HO

LDiN

G

EX

EM

PT

ION

S

WORK CLASSIFICATION

OT

. OR

ST

.

HOURS WORKED EACH DAY TOTAL HOURS

RATE OF PAY

GROSS AMOUNT EARNED FICA

WITH-HOLDING

TAX OTHER TOTAL

DEDUCTIONS

NET WAGES

PAID FOR WEEK

S

S

S

S

S

S

S

S

Rev. Dec. 2008

Rev. Dec. 2008

While completion of Form WH-347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C.F.R. §§ 3.3, 5.5(a). The Copeland Act (40 U.S.C. § 3145) contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U.S. Department of Labor (DOL) regulations at 29 C.F.R. § 5.5(a)(3)(ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis-Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits.

Public Burden Statement

We estimate that is will take an average of 55 minutes to complete this collection, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, ESA, U.S. Department of Labor, Room S3502, 200 Constitution Avenue, N.W. Washington, D.C. 20210

(over)


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Date

I,(Name of Signatory Party) (Title)

do hereby state:

(1) That I pay or supervise the payment of the persons employed by

on the (Contractor or Subcontractor)

; that during the payroll period commencing on the (Building or Work)

day of , , and ending the day of , ,

all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said

from the full (Contractor or Subcontractor)

weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 C.F.R. Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Start. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below:

(2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed.

(3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor.

(4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS

− in addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below.

(b) WHERE FRINGE BENEFITS ARE PAID IN CASH

− Each laborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below.

(c) EXCEPTIONS

REMARKS:

EXCEPTION (CRAFT)

EXPLANATION

NAME AND TITLE SIGNATURE

THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE.


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WAGE RATE DETERMINATION

The wage rate determination found on the following pages must be utilized for the duration of the contract. Each class of workers (including workers in subcontracts) must be paid at least the indicated hourly rate and fringe for such class. If worker compensation includes fringe benefits recognized by the U.S. Department of Labor, then verification of payment of these benefits must be made to the Municipality (Owner) with the first submitted payroll report. If worker compensation does not include fringe benefits then workers must be paid the indicated fringe rate in cash. If a particular class of worker is not listed on the wage rate determination, but is utilized for the project, Standard Form 1444 must be completed by the contractor and submitted to the Municipality (Owner). The U.S. Department of Labor will determine if the wage rate indicated on the submitted Standard Form 1444 is acceptable. Workers must be paid weekly. Any worker who works more than 40 hours a week must be paid one and one-half time the base pay plus all fringe benefits. Weekly payroll reports shall be submitted to the Municipality (Owner) for every week until the job is complete even if no work is performed. The Contractor is responsible for all subcontractor compliance and reporting.


"General Decision Number: KS20190030 08/09/2019

Superseded General Decision Number: KS20180035

State: Kansas

Construction Type: Heavy

County: Sedgwick County in Kansas.

HEAVY CONSTRUCTION PROJECTS (including sewer/water

construction).

Note: Under Executive Order (EO) 13658, an hourly minimum wage

of $10.60 for calendar year 2019 applies to all contracts

subject to the Davis-Bacon Act for which the contract is

awarded (and any solicitation was issued) on or after January

1, 2015. If this contract is covered by the EO, the contractor

must pay all workers in any classification listed on this wage

determination at least $10.60 per hour (or the applicable wage

rate listed on this wage determination, if it is higher) for

all hours spent performing on the contract in calendar year

2019. If this contract is covered by the EO and a

classification considered necessary for performance of work on

the contract does not appear on this wage determination, the

contractor must pay workers in that classification at least the

wage rate determined through the conformance process set forth

in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is

higher than the conformed wage rate). The EO minimum wage rate

will be adjusted annually. Please note that this EO applies to

the above-mentioned types of contracts entered into by the

Page 1 of 8beta.SAM.gov

10/23/2019https://beta.sam.gov/wage-determination/KS20190030/5/document

federal government that are subject to the Davis-Bacon Act

itself, but it does not apply to contracts subject only to the

Davis-Bacon Related Acts, including those set forth at 29 CFR

5.1(a)(2)-(60). Additional information on contractor

requirements and worker protections under the EO is available

at www.dol.gov/whd/govcontracts.

Modification Number Publication Date

0 01/04/2019

1 02/15/2019

2 03/08/2019

3 05/10/2019

4 07/12/2019

5 08/09/2019

ELEC0271-001 06/01/2019

Rates Fringes

ELECTRICIAN......................$ 33.29 15.08

----------------------------------------------------------------

IRON0010-019 04/01/2018

Rates Fringes

IRONWORKER (REINFORCING).........$ 33.30 29.44

----------------------------------------------------------------

IRON0024-008 01/01/2019

Rates Fringes

IRONWORKER (STRUCTURAL)..........$ 26.69 11.64

----------------------------------------------------------------

LABO1290-001 04/01/2019

Rates Fringes



LABORER (Asphalt, Includes

Raker, Shoveler, Spreader and

Distributor).....................$ 18.87 9.88

----------------------------------------------------------------

PAIN2012-006 05/01/2012

Rates Fringes

PAINTER (Spray Only).............$ 22.93 11.51

----------------------------------------------------------------

* TEAM0541-003 04/01/2019

Rates Fringes

TRUCK DRIVER

(1) Dump Truck and Lowboy

Truck.......................$ 32.44 15.75

----------------------------------------------------------------

SUKS2014-015 07/09/2014

Rates Fringes

CARPENTER, Includes Form Work....$ 19.62 2.47

CEMENT MASON/CONCRETE FINISHER...$ 24.04 11.42

LABORER: Common or General......$ 14.12 1.11

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 30.72 13.00

OPERATOR: Crane.................$ 37.05 13.71

OPERATOR: Loader................$ 30.13 12.34

----------------------------------------------------------------



WELDERS - Receive rate prescribed for craft performing

operation to which welding is incidental.

================================================================

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave

for Federal Contractors applies to all contracts subject to the

Davis-Bacon Act for which the contract is awarded (and any

solicitation was issued) on or after January 1, 2017. If this

contract is covered by the EO, the contractor must provide

employees with 1 hour of paid sick leave for every 30 hours

they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their

own illness, injury or other health-related needs, including

preventive care; to assist a family member (or person who is

like family to the employee) who is ill, injured, or has other

health-related needs, including preventive care; or for reasons

resulting from, or to assist a family member (or person who is

like family to the employee) who is a victim of, domestic

violence, sexual assault, or stalking. Additional information

on contractor requirements and worker protections under the EO

is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within

the scope of the classifications listed may be added after

award only as provided in the labor standards contract clauses

(29CFR 5.5 (a) (1) (ii)).

----------------------------------------------------------------

The body of each wage determination lists the classification

and wage rates that have been found to be prevailing for the

cited type(s) of construction in the area covered by the wage

determination. The classifications are listed in alphabetical

order of ""identifiers"" that indicate whether the particular



rate is a union rate (current union negotiated rate for local),

a survey rate (weighted average rate) or a union average rate

(weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed

in dotted lines beginning with characters other than ""SU"" or

""UAVG"" denotes that the union classification and rate were

prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of

the union which prevailed in the survey for this

classification, which in this example would be Plumbers. 0198

indicates the local union number or district council number

where applicable, i.e., Plumbers Local 0198. The next number,

005 in the example, is an internal number used in processing

the wage determination. 07/01/2014 is the effective date of the

most current negotiated rate, which in this example is July 1,

2014.

Union prevailing wage rates are updated to reflect all rate

changes in the collective bargaining agreement (CBA) governing

this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that

no one rate prevailed for this classification in the survey and

the published rate is derived by computing a weighted average

rate based on all the rates reported in the survey for that

classification. As this weighted average rate includes all

rates reported in the survey, it may include both union and

non-union rates. Example: SULA2012-007 5/13/2014. SU indicates

the rates are survey rates based on a weighted average

calculation of rates and are not majority rates. LA indicates

the State of Louisiana. 2012 is the year of survey on which

these classifications and rates are based. The next number, 007



in the example, is an internal number used in producing the

wage determination. 5/13/2014 indicates the survey completion

date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a

new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate

that no single majority rate prevailed for those

classifications; however, 100% of the data reported for the

classifications was union data. EXAMPLE: UAVG-OH-0010

08/29/2014. UAVG indicates that the rate is a weighted union

average rate. OH indicates the state. The next number, 0010 in

the example, is an internal number used in producing the wage

determination. 08/29/2014 indicates the survey completion date

for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of

each year, to reflect a weighted average of the current

negotiated/CBA rate of the union locals from which the rate is

based.

----------------------------------------------------------------

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can

be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on

a wage determination matter



* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests

for summaries of surveys, should be with the Wage and Hour

Regional Office for the area in which the survey was conducted

because those Regional Offices have responsibility for the

Davis-Bacon survey program. If the response from this initial

contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal

process described here, initial contact should be with the

Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations

Wage and Hour Division

U.S. Department of Labor

200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an

interested party (those affected by the action) can request

review and reconsideration from the Wage and Hour Administrator

(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator




The request should be accompanied by a full statement of the

interested party's position and by any information (wage

payment data, project description, area practice material,

etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an

interested party may appeal directly to the Administrative



Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board




4.) All decisions by the Administrative Review Board are final.

================================================================

END OF GENERAL DECISION"



"General Decision Number: KS20190057 08/30/2019

Superseded General Decision Number: KS20180062

State: Kansas

Construction Type: Building

County: Sedgwick County in Kansas.

BUILDING CONSTRUCTION PROJECTS (does not include single family

homes or apartments up to and including 4 stories).

Note: Under Executive Order (EO) 13658, an hourly minimum wage

of $10.60 for calendar year 2019 applies to all contracts

subject to the Davis-Bacon Act for which the contract is

awarded (and any solicitation was issued) on or after January

1, 2015. If this contract is covered by the EO, the contractor

must pay all workers in any classification listed on this wage

determination at least $10.60 per hour (or the applicable wage

rate listed on this wage determination, if it is higher) for

all hours spent performing on the contract in calendar year

2019. If this contract is covered by the EO and a

classification considered necessary for performance of work on

the contract does not appear on this wage determination, the

contractor must pay workers in that classification at least the

wage rate determined through the conformance process set forth

in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is

higher than the conformed wage rate). The EO minimum wage rate

will be adjusted annually. Please note that this EO applies to

the above-mentioned types of contracts entered into by the



federal government that are subject to the Davis-Bacon Act

itself, but it does not apply to contracts subject only to the

Davis-Bacon Related Acts, including those set forth at 29 CFR

5.1(a)(2)-(60). Additional information on contractor

requirements and worker protections under the EO is available

at www.dol.gov/whd/govcontracts.

Modification Number Publication Date

0 01/04/2019

1 01/18/2019

2 02/15/2019

3 05/03/2019

4 07/12/2019

5 07/26/2019

6 08/09/2019

7 08/30/2019

ASBE0027-005 10/01/2018

Rates Fringes

ASBESTOS WORKER/HEAT & FROST

INSULATOR (MECHANICAL (Duct,

Pipe & Mechanical System

Insulation)).....................$ 36.50 26.25

----------------------------------------------------------------

BRKS0015-011 06/01/2018

Rates Fringes

TILE SETTER......................$ 35.16 14.02

----------------------------------------------------------------

BRKS0015-014 06/01/2018

Rates Fringes



TILE FINISHER....................$ 17.04 .81

----------------------------------------------------------------

ELEC0271-002 06/01/2019

Rates Fringes

ELECTRICIAN (including Alarm

Installation)....................$ 33.29 15.08

----------------------------------------------------------------

ELEV0012-004 01/01/2019

Rates Fringes

ELEVATOR MECHANIC................$ 48.41 33.705+a+b

a. VACATION PAY: 6% for 6 months to 5 years service; 8%

with 5 or more years of service.

b. PAID HOLIDAYS: Memorial Day, Independence Day, Labor

Day, Thanksgiving Day and Friday after, and Christmas Day.

----------------------------------------------------------------

ENGI0101-040 04/01/2016

Rates Fringes

POWER EQUIPMENT OPERATOR:

Bobcat/Skid Steer/Skid

Loader......................$ 37.63 15.97

Oiler.......................$ 32.08 15.97

Paver (Asphalt, Aggregate,

and Concrete)...............$ 38.44 15.97

----------------------------------------------------------------

IRON0010-018 04/01/2018

Rates Fringes



IRONWORKER

(Ornamental/Reinforcing).........$ 33.30 29.44

----------------------------------------------------------------

IRON0024-005 01/01/2019

Rates Fringes

IRONWORKER, STRUCTURAL...........$ 24.19 11.36

----------------------------------------------------------------

PAIN2012-008 04/01/2017

Rates Fringes

PAINTER (Brush, Roller, and

Spray)...........................$ 29.34 16.96

----------------------------------------------------------------

PLUM0441-014 06/01/2019

Rates Fringes

PIPEFITTER (HVAC Pipe

Installation Only)...............$ 33.76 17.64

----------------------------------------------------------------

PLUM0533-012 06/01/2016

Rates Fringes

PIPEFITTER (Excludes HVAC

Pipe Installation)...............$ 45.33 19.32

----------------------------------------------------------------

* SFKS0669-002 04/01/2019

Rates Fringes

SPRINKLER FITTER (Fire

Sprinkler).......................$ 34.37 21.29

----------------------------------------------------------------



TEAM0541-010 04/01/2019

Rates Fringes

TRUCK DRIVER (Lowboy Truck)......$ 33.79 14.75

----------------------------------------------------------------

TEAM0541-011 04/01/2019

Rates Fringes

TRUCK DRIVER (Semi-Trailer

Truck)...........................$ 33.79 14.75

----------------------------------------------------------------

SUKS2015-026 07/08/2015

Rates Fringes

BRICKLAYER, Excludes Tile

Finisher and Tile Setter.........$ 21.85 3.04

CARPENTER........................$ 17.62 1.93

CEMENT MASON/CONCRETE FINISHER...$ 17.17 2.23

LABORER: Common or General......$ 13.16 1.44

LABORER: Mason Tender - Brick...$ 19.91 6.88

LABORER: Mason Tender -

Cement/Concrete..................$ 11.55 1.67

OPERATOR:

Backhoe/Excavator/Trackhoe.......$ 20.50 3.49

OPERATOR: Bulldozer.............$ 33.12 13.96

OPERATOR: Crane.................$ 33.19 14.16



OPERATOR: Forklift..............$ 34.83 14.16

OPERATOR: Grader/Blade..........$ 29.58 11.51

OPERATOR: Loader................$ 30.35 12.04

OPERATOR: Roller................$ 33.78 13.64

PLUMBER..........................$ 23.12 6.86

ROOFER...........................$ 13.33 1.66

SHEET METAL WORKER (HVAC Duct

Installation Only)...............$ 24.84 6.82

SHEET METAL WORKER, Excludes

HVAC Duct Installation...........$ 22.25 4.42

TRUCK DRIVER: Dump (All Types)...$ 19.63 5.26

----------------------------------------------------------------

WELDERS - Receive rate prescribed for craft performing

operation to which welding is incidental.

================================================================

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave

for Federal Contractors applies to all contracts subject to the

Davis-Bacon Act for which the contract is awarded (and any

solicitation was issued) on or after January 1, 2017. If this

contract is covered by the EO, the contractor must provide

employees with 1 hour of paid sick leave for every 30 hours

they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their

own illness, injury or other health-related needs, including

preventive care; to assist a family member (or person who is



like family to the employee) who is ill, injured, or has other

health-related needs, including preventive care; or for reasons

resulting from, or to assist a family member (or person who is

like family to the employee) who is a victim of, domestic

violence, sexual assault, or stalking. Additional information

on contractor requirements and worker protections under the EO

is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within

the scope of the classifications listed may be added after

award only as provided in the labor standards contract clauses

(29CFR 5.5 (a) (1) (ii)).

----------------------------------------------------------------

The body of each wage determination lists the classification

and wage rates that have been found to be prevailing for the

cited type(s) of construction in the area covered by the wage

determination. The classifications are listed in alphabetical

order of ""identifiers"" that indicate whether the particular

rate is a union rate (current union negotiated rate for local),

a survey rate (weighted average rate) or a union average rate

(weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed

in dotted lines beginning with characters other than ""SU"" or

""UAVG"" denotes that the union classification and rate were

prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of

the union which prevailed in the survey for this

classification, which in this example would be Plumbers. 0198

indicates the local union number or district council number

where applicable, i.e., Plumbers Local 0198. The next number,



005 in the example, is an internal number used in processing

the wage determination. 07/01/2014 is the effective date of the

most current negotiated rate, which in this example is July 1,

2014.

Union prevailing wage rates are updated to reflect all rate

changes in the collective bargaining agreement (CBA) governing

this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that

no one rate prevailed for this classification in the survey and

the published rate is derived by computing a weighted average

rate based on all the rates reported in the survey for that

classification. As this weighted average rate includes all

rates reported in the survey, it may include both union and

non-union rates. Example: SULA2012-007 5/13/2014. SU indicates

the rates are survey rates based on a weighted average

calculation of rates and are not majority rates. LA indicates

the State of Louisiana. 2012 is the year of survey on which

these classifications and rates are based. The next number, 007

in the example, is an internal number used in producing the

wage determination. 5/13/2014 indicates the survey completion

date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a

new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate

that no single majority rate prevailed for those

classifications; however, 100% of the data reported for the

classifications was union data. EXAMPLE: UAVG-OH-0010

08/29/2014. UAVG indicates that the rate is a weighted union

average rate. OH indicates the state. The next number, 0010 in



the example, is an internal number used in producing the wage

determination. 08/29/2014 indicates the survey completion date

for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of

each year, to reflect a weighted average of the current

negotiated/CBA rate of the union locals from which the rate is

based.

----------------------------------------------------------------

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can

be:

* an existing published wage determination

* a survey underlying a wage determination

* a Wage and Hour Division letter setting forth a position on

a wage determination matter

* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests

for summaries of surveys, should be with the Wage and Hour

Regional Office for the area in which the survey was conducted

because those Regional Offices have responsibility for the

Davis-Bacon survey program. If the response from this initial

contact is not satisfactory, then the process described in 2.)

and 3.) should be followed.

With regard to any other matter not yet ripe for the formal

process described here, initial contact should be with the

Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations



Wage and Hour Division




2.) If the answer to the question in 1.) is yes, then an

interested party (those affected by the action) can request

review and reconsideration from the Wage and Hour Administrator

(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator




The request should be accompanied by a full statement of the

interested party's position and by any information (wage

payment data, project description, area practice material,

etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an

interested party may appeal directly to the Administrative

Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board




4.) All decisions by the Administrative Review Board are final.

================================================================

END OF GENERAL DECISION"



Exhibit E-10 Contract Provisions for WIFIA Funded Projects (Federal Compliance)

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Exhibit E-10, Contract Provisions for WIFIA Funded Projects (Federal Compliance)

1.01 Contract Provisions for WIFIA Funded Projects (Federal Compliance)

A. Debarment and Suspension, Executive Order 12549, 51 FR 6370, February 21, 1986

1. Contractor certifies that it will not knowingly enter into a contract with anyone who is ineligible under the 40 CFR Part 32 to participate in the Project. Suspension and debarment information can be accessed at http://www.sam.gov. Contractor represents that it has or will include a term or conditions requiring compliance with this provision in all of its subcontracts under this Agreement.

B. Restrictions on Lobbying, 31 USC 1352

1. FEDERAL LOBBYING RESTRICTIONS. Recipients of federal financial assistance may not pay any person for influencing or attempting to influence any officer or employee of a federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress with respect to the award, continuation, renewal, amendment, or modification of a federal grant, loan, or contract. These requirements are implemented for USEPA in 40 CFR Part 34, which also describes types of activities, such as legislative liaison activities and professional and technical services, which are not subject to this prohibition. Upon award of this contract, Contractor shall complete and submit to the City the certification and disclosure forms in Appendix A and Appendix B to 40 CFR Part 34. Contractor shall also require all subcontractors and suppliers of any tier awarded a subcontract over $100,000 to similarly complete and submit the certification and disclosure forms pursuant to the process set forth in 40 CFR 34.110.

C. CIVIL RIGHTS OBLIGATIONS. Contractor shall comply with the following federal nondiscrimination requirements:

1. Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin, including limited English proficiency (LEP).

2. Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with disabilities.

3. The Age Discrimination Act of 1975, which prohibits age discrimination.

4. Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits discrimination on the basis of sex.

5. 40 CFR Part 7, as it relates to the foregoing.

6. Executive Order No. 11246.

D. EQUAL EMPLOYMENT OPPORTUNITY OBLIGATIONS UNDER EO 11246: The Contractor shall comply with Executive Order 11246, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60). Contractor's compliance with Executive order 11246 shall be based on implementation of the Equal Opportunity Clause, and specific affirmative active obligations required by the Standard Federal Equal Employment Opportunity Construction Contract

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Specifications, as set forth in 41 CFR Part 60-4. During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The contractor will, in all solicitations or advancements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor’s legal duty to furnish information.

4. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers’ representative of the contractor’s commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

6. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7. In the event of the contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures

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authorized in Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

8. The contractor will include the provisions of paragraphs 1 through 8 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. [Sec. 202 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966–1970 Comp., p. 684, EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230, EO 13665 of April 8, 2014, 79 FR 20749, EO 13672 of July 21, 2014, 79 FR 42971]

E. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) located at 41 CFR 60-4.3:

1. As used in these specifications:

a. “Covered area” means the geographical area described in the solicitation from which this contract resulted;

b. “Director” means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority;

c. “Employer identification number” means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941.

d. “Minority” includes:

1) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);

2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race);

3) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and

4) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the

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applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.

3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.

4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7 a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.

5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.

6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor.

7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:

a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen,

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superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.

b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses.

c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken.

d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations.

e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above.

f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.

g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.

h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with

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other Contractors and Subcontractors with whom the Contractor does or anticipates doing business.

i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process.

j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force.

k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3.

l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.

m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out.

n. Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.

o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.

p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations.

8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the

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Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance.

9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized).

10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, sexual orientation, gender identity, or national origin.

11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.

12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.

13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.

14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.

15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).

F. Segregated Facilities, 41 CRF 60-1.8

1. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender

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identity, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensuring that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. This obligation extends to all contracts containing the equal opportunity clause regardless of the amount of the contract. The term “facilities,” as used in this section, means waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, wash rooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees; Provided, That separate or single-user restrooms and necessary dressing or sleeping areas shall be provided to assure privacy between the sexes.

G. Participation by Disadvantaged Business Enterprises in Procurement under EPA Financial Assistance Agreements, 73 FR 15904

1. Contractor agrees to comply with the requirements of USEPA’s Program for Utilization of Small, Minority and Women’s Business Enterprises. The DBE rule can be accessed at www.epa.gov/osbp. Contractor shall comply with 40 CFR Section 33.301, and retain all records documenting compliance with the six good faith efforts. The Contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the Contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies.

H. American Iron and Steel Requirement

1. The Contractor acknowledges to and for the benefit of The City of Wichita, Kansas (“Purchaser”) and the United States Environmental Protection Agency (“EPA”) that it understands the goods and services under this Agreement are being funded with monies made available by the Water Infrastructure Finance and Innovation Act program of the EPA that has statutory requirements commonly known as “American Iron and Steel” that requires all of the iron and steel products used in the project to be produced in the United States (“American Iron and Steel Requirement”) including iron and steel products provided by the Contactor pursuant to this Agreement. The Contractor hereby represents, warrants and covenants to and for the benefit of the Purchaser and the EPA that (a) the Contractor has reviewed and understands the American Iron and Steel Requirement, (b) all of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirement, as may be requested by the Purchaser or the EPA. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser or the EPA to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney’s fees) incurred by the Purchaser or the EPA resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the EPA or any damages owed to the EPA by the Purchaser). While the Contractor has no direct contractual privity with the EPA, as a lender to the Purchaser for the funding of its project, the Purchaser and the Contractor agree that the EPA

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is a third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the EPA.

I. Compliance with Davis Bacon and related acts

(a) In any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in 29 C.F.R. § 5.1, the following clauses (or any modifications thereof to meet the particular needs of the agency, provided that such modifications are first approved by the Department of Labor):

(1) Minimum wages.

(i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act ( 29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a

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prominent and accessible place where it can be easily seen by the workers.

(ii) {no text here}

(A) The WIFIA assistance recipient, The City of Wichita, Kansas, on behalf of the U.S. Environmental Protection Agency (EPA), shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The WIFIA assistance recipient shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and

(2) The classification is utilized in the area by the construction industry; and

(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the WIFIA assistance recipient agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent to the Administrator of the Wage and Hour Division (WHD Administrator), U.S. Department of Labor, Washington, DC 20210. The WHD Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the WIFIA assistance recipient or will notify the WIFIA assistance recipient within the 30-day period that additional time is necessary.

(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the WIFIA assistance recipient do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the WIFIA assistance recipient shall refer the questions, including the views of all interested parties and the recommendation of the WIFIA assistance recipient, to the WHD Administrator for determination. The WHD Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the WIFIA assistance recipient or will notify the WIFIA assistance recipient within the 30-day period that additional time is necessary.

(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

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(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

(2) Withholding. The City of Wichita, Kansas,hall upon written request of the WIFIA Director or an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the WIFIA Director may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

(3) Payrolls and basic records.

(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or












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program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(ii) {no text here}

(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to The City of Wichita, Kansas. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to The City of Wichita, Kansas, for transmission to the EPA, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to The City of Wichita, Kansas.

(B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:

(1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;

(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned,



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other than permissible deductions as set forth in Regulations, 29 CFR part 3;

(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (a)(3)(ii)(B) of this section.

(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.

(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of The City of Wichita, Kansas, EPA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the EPA may, after written notice to the The City of Wichita, Kansas, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

(4) Apprentices and trainees.

(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing





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construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the WHD Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the WHD Administrator determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen































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under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.

(5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.

(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the EPA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.

(7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

(8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.

(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and The City of Wichita, Kansas, EPA, the U.S. Department of Labor, or the employees or their representatives.

(10) Certification of eligibility.

(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

(b) Contract Work Hours and Safety Standards Act. The following clauses set forth in paragraphs (b)(1), (2), (3), and (4) of this section shall be inserted in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by § 5.5(a) or § 4.6 of part 4 of this title. As used in this paragraph, the terms laborers and mechanics include watchmen and


https://www.law.cornell.edu/cfr/text/29/part-30.










https://www.law.cornell.edu/cfr/text/29





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https://www.law.cornell.edu/cfr/text/29



https://www.law.cornell.edu/cfr/text/29/part-7.








https://www.law.cornell.edu/uscode/text/18/1001

https://www.law.cornell.edu/uscode/text/18/1001



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guards.

(1) Overtime requirements. No contractor or subcontractor contracting for any part of the conract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employedon such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth inparagraph (b)(1) of this section, in the sum of $25 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.

(3) Withholding for unpaid wages and liquidated damages. The The City of Wichita, Kansas shall upon its own action or upon written request of an authorized representative of the Department of Labor, or the EPA, withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section.

(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.

(c) In addition to the clauses contained in paragraph (b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in § 5.1, the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contractfor all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions





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made, and actual wages paid. Further, the EPA shall cause or require the The City of Wichita, Kansas to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the The City of Wichita, Kansas, EPA and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job.


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