1. BACKGROUND/HISTORY

Transcription

1 City Council Agenda Item Report October 21, 2014 Agenda Item No. Contact Stanley Fees, P.E., CFM, City Engineer SUBJECT: Deliberation and possible action on awarding the bid for the Downtown Wastewater Rehabilitation project and authorizing the City Manager to execute the contract. 1. BACKGROUND/HISTORY The City of Buda hired Lockwood Andrews and Newnam (LAN) to design the Downtown Wastewater Rehabilitation project. The project will replace the existing clay wastewater lines the Downtown Area bounded by Cedar Street, Main Street, Bluff Street and West Goforth Road. The project was to be designed and built in 2 Phases. The Phases were split into the areas east and west of Main Street. The City advertised Phase 1 of the project for bids in 2012 and the project came in over budget. The project was re-evaluated and it was determined a better cost could be obtained by constructing both Phase 1 & 2 of the project at the same time. This project involves replacing the existing clay wastewater pipe with High Density Polyethylene (HDPE) pipe by pipe bursting. Pipe bursting allows the new pipe to be pulled through and burst the existing pipe. If needed the new pipe bursting the existing pipe can be a larger the size pipe. This procedure is done from manhole to manhole. Once the pipe bursting has been completed between manholes and the manholes repaired, the contractor will reconnect the existing services lines to the new main and install a new cleanout at the property line. 2. FINDINGS/CURRENT ACTIVITY LAN completed the design and bids were advertised in the Hays Free Press and on the City website. A mandatory pre-bid meeting was held at City Hall on September 22, 2014 and 6 contractors attended the meeting. Bids were opened on October 6, The bids included a Base Bid and Bid Alternate No. 1. The Base Bid includes replacing the existing clay pipe with HDPE pipe, repairing the manholes and reconnecting the service lines. The Bid 64

2 Alternate is for replacing the existing manhole ring and covers with the new City Standard 32 manhole ring and covers. There were 4 bids received from T Construction, Horseshoe Construction Inc. PM Construction, LLC and Pronto Sandblasting& Coating & Oilfield Services Co., Inc. The summary of these bids is listed below. The estimated cost of the project was $1,610,000. LAN has reviewed the bids and is recommending the bid be awarded to T Construction, LLC for the Base Bid and the Alternate Bid for a total bid award of $1,435, A copy of the Certified Bid Tabulation from LAN is attached. LAN also researched the past performance of T Construction LLC and provided a copy of the Record of Performance for them. Once the bid is awarded the City will issue the Notice of Award. The contractor will then need to execute the contract and provide the Performance and Payment Bonds. Once the contract is executed and the Performance and Payment Bonds have been received, the City will be able to issue the Notice to Proceed. After the Notice to Proceed is issued, the contractor has 300 calendar days to complete the construction. 3. FINANCIAL IMPACT The City has $488,867 available from the 2011 CO issuance for this project. The remaining funding will be acquired through the issuance of the Certificates of Obligation that will occur in December The Notice to Proceed will not be issued until after the City has issued the Certificates of Obligation in December. Funding for the project will be through the wastewater fund. 4. ACTION OPTIONS/RECOMMENDATION Staff is requesting the City Council consider awarding the bid for the Downtown Wastewater Rehabilitation project and authorizing the City Manager to execute the contract. 5. ATTACHMENTS 1. LAN Bid Award Recommendation 2. Certified Bid Tabulation 3. Record of Performance 4. Owner-Contractor Agreement 65

3 October 13, 2014 City of Buda ATTN: Mr. Stanley Fees, P.E., CFM 100 Houston St., Suite A Buda, TX Via sfees@ci.buda.tx.us RE: Downtown Wastewater Rehab Recommendation of Award Mr. Fees: On October 6, 2014, the City received four (4) sealed bids for construction of the Downtown Wastewater Rehab project. LAN has performed a due diligence review of the bids, and recommend that the Alternate 1 work be included for construction. Enclosed is a Bid Tab summary, which includes bid item pricing and overall costs submitted by all responsive bidders. The lowest responsive bidder is T Construction, LLC. References were provided by the low bidder and are enclosed. Based on information provided by references, the low bidder has completed similar pipe bursting projects and appears to be capable of successfully performing the Work. Therefore, we recommend that the contract for construction of the Downtown Wastewater Rehab project be awarded to T Construction, LLC. Please contact me at (512) or tmmichel@lan-inc.com should you have any further questions. Sincerely, Travis Michel, P.E. Sr. Project Manager Enclosures Cc: Eric Nelson, P.E. (LAN) LAN Project file ( ) 102 Wonder World Drive, Suite 303 San Marcos, Texas Fax:

4 CERTIFIED BID TAB CITY OF BUDA BID TABULATION PROJECT SPONSOR: CITY OF BUDA BID OPENING DATE: 10/6/2014 PROJECT MANAGER: TRAVIS MICHEL, P.E. TIME: 3:00 PM LOCKWOOD, ANDREWS, & NEWNAM, INC. LOCATION: 121 MAIN STREET, BUDA TX BIDDER (S): LOCATION: DOWNTOWN WASTEWATER REHABILITATION T Construction, LLC Horseshoe Construction, Inc. PM Construction & Rehab Pronto Sandblasting & Coating & Oil Field Services Co. Inc. HOUSTON, TX LA PORTE, TX PASADENA, TX SAN ANTONIO, TX LINE ITEM QTY UNIT ITEM DESCRIPTION UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 1 EA. SITE RESTORATION $ 139, $ 139, $ 15, $ 15, $ 10, $ 10, $ 140, $ 140, EA. 3 3 EA VLF VLF. 6 5 EA. 7 3 EA. 8 5 EA. Service Reconnection by Excavation, 0-8 Depth, Complete in Place $ $ 4, $ 1, $ 7, $ $ 3, $ 2, $ 10, Service Reconnection by Excavation, >8 Depth, Complete in Place $ $ 2, $ 2, $ 6, $ $ 2, $ 3, $ 9, Service Replacement and Reconnection by Excavation, 0-8 Depth, Complete in Place $ $ 105, $ 1, $ 157, $ $ 94, $ 1, $ 188, Service Replacement and Reconnection by Excavation, >8 Depth, Complete in Place $ $ 68, $ 1, $ 112, $ $ 68, $ 1, $ 141, Point Repair or Obstruction Removal by Excavation for Existing 8 Sanitary Sewer, 0-8 Depth, Complete in Place $ $ 2, $ 1, $ 5, $ 1, $ 7, $ 5, $ 25, Point Repair or Obstruction Removal by Excavation for Existing 8 Sanitary Sewer, >8 Depth, Complete in Place $ $ 1, $ 1, $ 3, $ 1, $ 5, $ 10, $ 30, Combination Point Repair and Service Line Reconnection by Excavation, 0'-8' Depth, Complete in Place $ $ 3, $ 1, $ 7, $ 1, $ 8, $ 6, $ 30,

5 9 3 EA. Combination Point Repair and Service Line Reconnection by Excavation, >8' Depth, Complete in Place $ $ 2, $ 6, $ 20, $ 1, $ 5, $ 12, $ 36, EA. Rehabilitated Manhole - Interior Coating $ $ 61, $ $ 30, $ $ 93, $ $ 201, EA. Rehabilitated Manhole - Structural Lining $ $ 17, $ $ 15, $ $ 13, $ 1, $ 100, EA. Rehabilitated Manhole - Cone and Throat $ 2, $ 7, $ 1, $ 3, $ $ 2, $ 2, $ 6, EA. Rehabilitated Manhole - Invert $ $ 1, $ $ 2, $ $ 1, $ 3, $ 9, EA. Rehabilitated Manhole - Bench $ $ 3, $ $ 4, $ $ 2, $ 5, $ 25, LF Rehabilitated Manhole - Remove and Replace Frame and Cover $ $ 1, $ 1, $ 3, $ 1, $ 2, $ 7, $ 14, LF Rehabilitated Manhole - Resetting and Resealing Frame and Cover $ $ 1, $ 1, $ 6, $ $ 4, $ 7, $ 35, LF Rehabilitated Manhole - Grouting of Exterior Manhole Frame $ $ $ $ 1, $ 1, $ 2, $ 7, $ 14, LF Rehabilitated Manhole - Insert Dishes $ $ 2, $ $ 5, $ $ 3, $ 3, $ 51, Rehabilitated Manhole - Chemical Grout 19 7 LF Injection $ $ 5, $ 1, $ 7, $ 1, $ 11, $ 7, $ 49, LF Replacement Manholes, 48" Dia. $ 4, $ 19, $ 6, $ 27, $ 3, $ 15, $ 7, $ 28, LF Pre-Installation Cleaning Using Normal Cleaning Equipment, All Depths and Diameters $ 1.75 $ 25, $ 2.00 $ 29, $ 2.25 $ 33, $ 3.00 $ 44, LF Pre-Installation Cleaning Using Mechanical Cleaning Equipment, All Diameters and Depths $ $ 16, $ 5.15 $ 7, $ $ 14, $ 5.00 $ 7, LF EA EA EA EA. Pre-Installation Survey Television Inspection, All Depths and Diameters $ 1.50 $ 22, $ 2.00 $ 29, $ 2.25 $ 33, $ 5.00 $ 73, Pipe Bursting 4" VCP to 6" HDPE Sanitary Sewer, 0'-8' Depth, Complete in Place $ $ 4, $ $ 6, $ $ 6, $ $ 8, Pipe Bursting 6" VCP to 8" HDPE Sanitary Sewer, 0'-8' Depth, Complete in Place $ $ 210, $ $ 188, $ $ 258, $ $ 377, Pipe Bursting 6" VCP to 8" HDPE Sanitary Sewer, >8' Depth, Complete in Place $ $ 126, $ $ 116, $ $ 178, $ $ 259, Pipe Bursting 8" VCP to 8" HDPE Sanitary Sewer, 0'-8' Depth, Complete in Place $ $ 143, $ $ 128, $ $ 176, $ $ 330,

6 VLF. Pipe Bursting 8" VCP to 8" HDPE Sanitary Sewer, >8' Depth, Complete in Place $ $ 78, $ $ 74, $ $ 111, $ $ 202, LF Pipe Bursting 8" VCP to 10" HDPE Sanitary Sewer, >8' Depth, Complete in Place $ $ 14, $ $ 20, $ $ 22, $ $ 36, LF Manhole Survey and Inspection $ $ 14, $ $ 8, $ $ 28, $ $ 10, LF Manhole Inspection by Dye Testing $ $ 13, $ $ 6, $ $ 22, $ $ 13, EA. DROP MANHOLE WITH PRE-CAST BASE, 48" DIA $ 5, $ 5, $ 8, $ 8, $ 7, $ 7, $ 10, $ 10, L.F. STANDARD PRE-CAST MANHOLE WITH PRE-CAST BASE, 48" DIA. $ 4, $ 57, $ 7, $ 98, $ 5, $ 77, $ 7, $ 98, EA. EXTRA DEPTH OF MANHOLE, 48" DIA. $ $ 3, $ $ 6, $ $ 8, $ 1, $ 13, L.F. EXCAVATION SAFETY SYSTEMS, (ALL DEPTHS) $ 0.50 $ 4, $ 1.00 $ 9, $ 0.01 $ $ 1.00 $ 9, LS Pipe, 6" Dia. HDPE (all depths), including excavation and backfill $ $ 2, $ $ 4, $ $ 1, $ $ 2, L.F. Pipe, 8" Dia. HDPE (all depths), including excavation and backfill $ $ 26, $ $ 52, $ $ 25, $ $ 38, EA. END OF LINE CLEAN OUT, COMPLETE IN PLACE $ 1, $ 16, $ 2, $ 30, $ 1, $ 21, $ 1, $ 15, MO. SEDIMENT CONTAINMENT DIKES WITH FILTER FABRIC $ 3.70 $ 2, $ 5.00 $ 3, $ 6.00 $ 3, $ $ 19, MO. STABILIZED CONSTRUCTION ENTRANCE $ 4, $ 9, $ 1, $ 3, $ 2, $ 4, $ 2, $ 5, L.F. SILT FENCE FOR EROSION CONTROL $ 1.20 $ 4, $ 5.00 $ 18, $ 2.00 $ 7, $ 5.00 $ 18, LS TOTAL MOBILIZATION PAYMENT $ 106, $ 106, $ 50, $ 50, $ 30, $ 30, $ 140, $ 140, L.F. SAFETY FENCE $ 2.00 $ 3, $ $ 16, $ 3.00 $ 4, $ 5.00 $ 8, EA. CIP PROJECT SIGN $ $ 1, $ 5, $ 10, $ 1, $ 3, $ $ 1, BARRICADES, SIGNS, AND TRAFFIC MO. HANDLING $ 2, $ 22, $ 1, $ 15, $ 3, $ 30, $ 10, $ 100, MO. STEEL PLATING SYSTEM $ 2, $ 23, $ 1, $ 15, $ 2, $ 20, $ 5, $ 50, TOTAL BASE BID $ 1,413, $ 1,400, $ 1,487, $ 3,032, EA. Alternate No. 1 $ $ 21, $ 2, $ 60, $ 1, $ 33, $ 10, $ 300, TOTAL BID (BASE BID + ALTERNATE) $ 1,435, $ 1,460, $ 1,521, $ 3,332,

7 T CONSTRUCTION, L.L.C. RECORD OF PERFORMANCE 1 OWNER ENGINEER PROJECT / DESCRIPTION CITY OF MADISONVILLE 210 W. COTTONWOOD MADISIONVILLE, TEXAS MR. DANNY SINGLETARY PHONE: THE WALLACE GROUP 3010 ILLINOIS AVENUE, SUITE 100 KILLEEN, TEXAS MR. PAUL M. BOYER, P.E. CFM PHONE: CDBG BASIN A WASTEWATER IMPROVEMENTS TXCDBG CONTRACT / * OPEN CUT/PIPEBURST - 4,450 LF OF 10" PVC WW; 1,180 LF 6" PVC WW; 17 MH'S; SVC RECONN AND 1,195 LF HMAC SURFACE REPLACEMENT CONTRACT AMOUNT CONTRACT COMPLETION $ 780, % ON 5/ FORT BEND COUNTY MUD NO. 128 c/o ALLEN BOONE HUMPHRIES ROBINSON, LLP 3200 SOUTHWEST FREEWAY, SUIT2600 HOUSTON, TEXAS MR. JOHN WHITMORE COSTELLO, INC RICHMOND AVENUE, SUITE 450 HOUSTON, TEXAS MR.BREN PALERMO P.E. PHONE: SANITARY SEWER IMPROVEMENTS ALONG UNIVERSITY BOULEVARD / *OPEN CUT LF C-900 OF 8" PVC WW; 719 LF C-905 OF 15" PVC WW; 2,045 LF C-905 OF 24" PVC WW; 121 LF C- 905 OF 30" PVC WW; 14 MH'S $ 593, % ON 11/ CITY OF ROSENBERG 2110 FOURTH STREET ROSENBERG, TEXAS MS. MELISSA PENA PHONE: CITY OF MCALLEN P.O. BOX 220 MCALLEN, TEXAS MR. CARLOS GONZALES PHONE: CITY OF PASADENA 1211 E. SOUTHMORE PASADENA, TEXAS MR. VICTOR RENDON PHONE: CITY OF SANTA FE P.O. BOX 950 SANTA FE, TEXAS MR. TIM TURNER PHONE: KELLY R. KALUZA & ASSOCIATES, INC AVENUE I ROSENBERG, TEXAS MR. KELLY R. KALUZA PHONE: CITY OF MCALLEN P.O. BOX 220 MCALLEN, TEXAS MR. CARLOS GONZALES PHONE: LOCKWOOD, ANDREW & NEWNAM, INC BRIARPARK DRIVE HOUSTON, TEXAS MR. CHAU BAO, P.E., PM PHONE: JOHN D. MERCER & ASSOCIATES, INC. P.O. BOX 930 GALVESTON, TEXAS MR. JOHN D. MERCER, P.E. PHONE: PHASE Vll -NORTH SIDE SAN SWR IMPROVEMENTS BLOCK GRANT NO. B-11-UC * PIPE BURST - 3,150 LF OF 8" HDPE; 250 LF OF 10" OF HDPE; 6 MH'S; MH REHAB 16TH STREET & SYCAMORE STREET - SAN SWR REHAB CDBG NO C20-96 / * PIPE BURST - 14,000 + LF OF 8" HDPE; MH'S; MH REHAB; HMAC SURFACE REPLACEMENT RICHEY ROAD TRUNK SEW REHABILITATION - PHASE II CIP#WW050 / * OPEN CUT/PIPE BURST- 2,800 + LF OF 18" FORCE MAIN; 2,000 + LF OF 18" HDPE; LF OF 32" HDPE; MH'S; MH REHAB; HMAC SURFACE REPLACEMENT GALVESTON COUNTY WCID NO. 8 SANITARY SEWER REHABILITATION / * PIPE BURST - 15,000 + LF OF 8" HDPE; MH'S; MH REHAB; HMAC SURFACE REPLACEMENT $ 216, % ON 2/2013 $ 965, % ON 10/2012 $ 2,155, % ON 3/2013 $ 711, % ON 8/

8 T CONSTRUCTION, L.L.C OWNER ENGINEER PROJECT / DESCRIPTION CITY OF TEXAS CITY 911 HWY. 146 NORTH Texas City, TEXAS MR. WAYNE SOLOMON PHONE: CITY OF HOUSTON 611 Walker, 17th Floor Houston, TEXAS Mr. David Tajadod PHONE: Arkk Engineers 7322 S.W. FRWY. STE Houston, TEXAS MR. Jose Velasquez, P.E. PHONE: City of Houston 611 Walker, 17th Floor Houston, TEXAS Mr. David Tajadod PHONE: CITY OF GALVESTON CITY OF GALVESTON 823 Rosenberg, Room Rosenberg, Room 205 Galveston, TX Mr. Galveston, TX David VanRiper, PM PHONE: Mr. David VanRiper, PM PHONE: RECORD OF PERFORMANCE TEXAS CITY, SANITARY SEWER REHAB. PH. 14 * PIPE BURST - 9,800 + LF OF 8" HDPE; MH'S; MH REHAB; HMAC SURFACE REPLACEMENT WASTEWATER COLLECTION SYSTEM- FILE NO , *SAN. SWR OPEN CUT, PIPE BURSTING, NEW SAN MH's, MH REHAB. SANITARY SEWER REHABILITATION ANNUAL CDBG SERVICE AGREEMENT *SANITARY SEWER OPEN CUT 8" 18", PIPE BURSTING 8" 12", NEW PRE CAST MH'S, MH REHAB. CONTRACT AMOUNT CONTRACT COMPLETION $ 856, % ON 5/2014 $ 1,446, % ON 3/2014 $ 2,100, % ON 1/

9 THIS AGREEMENT is dated as of the day of in the year 2014 by and between the called OWNER, and, hereinafter called CONTRACTOR., hereinafter OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: DOWNTOWN WASTEWATER REHAB Article 2. ENGINEER The Project has been designed by Lockwood, Andrews & Newnam, Inc., 102 Wonder World Dr., Suite 303, San Marcos, TX 78666, who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES 3.1. The Work will be substantially completed within 300 calendar days of the commencement date indicated in the Notice to Proceed as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07B of the General Conditions no later than thirty (30) days after the project is declared in writing as substantially complete Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER Three hundred dollars ($300.00) for each calendar day that expires after the time specified in paragraph 3.1. for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER one thousand dollars ($1,000.00) for each calendar day that expires after the time specified in paragraph 3.1. for completion and readiness for final payment. Article 4. CONTRACT PRICE OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1. and 4.2. below: 4.1. For all Work other than Unit Price Work, a Lump Sum of: NOT USED 4.2. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph

10 UNIT PRICE WORK Total Contract Price for All Unit Prices: As provided in paragraph of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03B of the General Conditions. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions Progress Payments; Retainage. OWNER shall make monthly progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, during construction as provided in paragraphs and below. All such payments will be measured by the schedule of values established in paragraph 2.05B.3 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as accordance with paragraph 14.02B.5. of the General Conditions percent of Work completed (with the balance being retainage). If Work has been 50-percent completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed percent (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph of the General Conditions) Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 95 percent of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.02B. of the General Conditions Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.07B. of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07B. Article 6. INTEREST All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of four (4) percent per annum, simple interest. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1. CONTRACTOR has thoroughly examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8.) and the other related data identified in the Bidding Documents including "technical data." 73

11 7.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02A. of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents NOT USED 7.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies in the Contract Documents and the written resolution thereof by ENGINEER through issued addendum or addenda is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. When said conflicts, etc., have not been resolved through interpretation or clarification by ENGINEER, because of insufficient time or otherwise, CONTRACTOR has included in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost; and said greater cost is included in the Contract Price. Article 8. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 1 to 5, inclusive) Exhibits to this Agreement (not included). 74

12 8.3. Performance Bond, Payment Bond, Certificate of Insurance, and other Bonds as exhibits in Sections and Notice to Proceed Standard General Conditions (pages 1 to 56, inclusive) Supplementary Conditions (pages 1 to 4, inclusive). 8.7 Special Conditions (pages 1 to 4, inclusive) Governing Specifications bearing the title Downtown Wastewater Rehab and 1 appendix, as listed in table of contents thereof Drawings consisting of a cover sheet and sheets numbered 1 through 19, inclusive with each sheet bearing the following general title: DOWNTOWN WASTEWATER REHAB Addenda (if applicable) CONTRACTOR's Proposal and Bid Schedule Documentation submitted by CONTRACTOR prior to Notice of Award (Bid Bond; Statement of Materials) The following which may be delivered or issued after the Effective Date of the Agreement and are not attached thereto: All written amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.04 of the General Conditions. The documents listed in paragraphs 8.2. et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs of the General Conditions. Article 9. MISCELLANEOUS 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 75

13 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on, 2014 (which is the Effective Date of the Agreement). OWNER By: [CORPORATE SEAL] CONTRACTOR By: [CORPORATE SEAL] Attest Attest Address for giving notices Agent for service of process: Address for giving notices Agent for service of process: License No. NOTE: If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement. NOTE: If CONTRACTOR is a corporation, attach evidence of authority to sign. 76