150717_3097-F_Executed Contract

Contract Documents
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OLD SALISBURY ROAD SEWER
DAVIDSON COUNTY, NORTH CAROLINA
3097-F
MAY 2015
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TABLE OF CONTENTS
Document Title Pages
00010 Table of Contents 1-2
Bidding Requirements
00100
Advertisement for Bids
1-1
00200
Instruction to Bidders
1-11
00410a
Bidder's Check List
1-1
00410
Bid Form
1-7
00430
Bid Bond
1-2
00432
Page for Attaching Power of Attorney
1-1
00490
Addendum (sample)
1-1
Contract Requirements
00510
Notice of Award
1-1
00520
Agreement
1-7
00550
Notice to Proceed
1-1
00610
Performance Bond
1-3
00615
Payment Bond
1-3
00616
Page for Attaching Power of Attorney
1-1
00618
Page for Attaching Certificate of Insurance
1-1
00634
Certificate of Owner's Attorney &
Pre -Audit Statement
1-1
00700
General Conditions (EJCDC, 2007)
1-62
00810
Supplementary Conditions (to EJCDC, 2007, Gen. Cond.)
1-10
Minority Business Contract Provisions
1-11
Dispute Resolution
1-8
00621
Partial Payment Estimate
1-4
NC Sales Tax Certification
1-1
00625
Certificate of Substantial Completion
1-2
00941
Change Order
1-1
PERMITS:
NCDENR Water Quality (WQ0037658)
1-8
NCDENR Land Quality (DAVID -2015-015)
1-3
NC DOT Encroachment (15 -024 -DE)
1-6
3097-F: 05/1915 00010-1 Table of Contents

Section Title Pages
Technical Specifications
Division 1 - General Requirements
01100
Summary of Work
1-2
01270
Unit Prices
1-4
01312
Project Coordination
1-2
01314
Project Meetings
1-1
01330
Submittal Procedures
1-5
01450
Quality Control
1-2
01500
Temporary Facilities and Controls
1-4
01600
Product Requirements
1-3
01700
Execution Requirements
1-4
Division 2 - Site Construction
02230
Clearing and Grubbing
1-2
02315
Trenching for Utilities
1-10
02370
Erosion Control
1-3
02445
Bore & Jack Conduits
1-3
02530
Sanitary Sewer System
1-11
Table 1, Low Pressure Air Testing for Gravity Sewer Mains
1-1
02920
Lawns and Grasses
1-4
Divisions 3 — 16
NOT USED
END OF DOCUMENT
Table of Contents 00010-2 3097-F: 05/19/15

ADVERTISEMENT FOR BIDS
Project: Old Salisbury Road Sewer
Owner: Davidson County
925 North Main Street
PO Box 1067
Lexington NC 27293
Engineer: The Wooten Company
350 N. Cox Street, Suite 26
Asheboro, NC 27203
[phone]
Separate sealed Bids will be received until 2:00 pm, Thursday, June 11, 2015, in the
Conference Room at 925 North Main Street Lexington NC 27292, at which time and place bids
will be publicly opened and read aloud for the construction of the Old Salisbury Road Sewer
project.
After Bids are opened, the Owner shall evaluate them in accordance with the methods and
criteria set forth in the Instructions to Bidders. The Owner reserves the right to waive any
informality or to reject any or all Bids. Unless all Bids are rejected, Award will be made to the
lowest responsible Bidder, taking into consideration quality, performance and the time specified
in the proposals for the performance of the Contract.
The Project consists of the following major items: Approximately 3,100 feet of 8 -inch gravity
sewer and associated appurtenances.
Bidding Documents may be examined at Engineer's and Owner's office and online at:
Dodge Company, Association of General Contractors (AGC - isgft), Hispanic Contractors
Association of the Carolinas (HCAC), Reed Construction Data, Construction Journal.
Complete Bidding Documents may be obtained at the Issuing Office of the Engineer upon
submitting a non-refundable payment in the amount of $50.00 for each set of documents, which
includes all contracts. With request for Bidding Documents supply the following information:
Company name, contact person, street address, and phone and fax numbers for Bidding office;
N. C. contractor's license with limitation and classification, indicate if the firm will be a Bidder,
Supplier or Sub -Contractor.
Bidders will be required to show evidence that they are licensed to perform the work in the
Bidding Documents as required by North Carolina General Statute, Chapter 87 and the
Instructions to Bidders.
Bid Security in the amount of five percent (5%) of the Bid must accompany each Bid and shall
be subject to the conditions provided in the Instructions to Bidders.
The Owner is an Equal Opportunity Employer and encourages bidding by small, minority and
female contractors and does not discriminate on the basis of handicapped status. Bids from
qualified disadvantaged business enterprise (DBE) are encouraged.
Bidders shall be required to submit with their Bids affidavits of "Good Faith Efforts" in the
recruitment of Minority Businesses.
END OF DOCUMENT
3097-F : 05/19/15 00100-1 Advertisement for Bids
Document in accordance with RUS Bulletin 1780-26, Exhibit E, 10/2009

INSTRUCTIONS TO BIDDERS
TABLE OF ARTICLES
ARTICLE 1
DEFINED TERMS..................................................................................1
ARTICLE 2
COPIES OF BIDDING DOCUMENTS....................................................1
ARTICLE 3
MINORITY PARTICIPATION GOALS.....................................................2
ARTICLE 4
QUALIFICATIONS OF BIDDERS...........................................................2
ARTICLE 5
EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA,
ANDSITE...............................................................................................3
ARTICLE 6
SITE AND OTHER AREAS....................................................................5
ARTICLE 7
INTERPRETATIONS AND ADDENDA...................................................5
ARTICLE 8
BID SECURITY......................................................................................6
ARTICLE 9
CONTRACT TIMES................................................................................6
ARTICLE 10
LIQUIDATED DAMAGES.......................................................................6
ARTICLE 11
SUBSTITUTE AND OR -EQUAL ITEMS.................................................6
ARTICLE 12
SUBCONTRACTORS, SUPPLIERS, AND OTHERS ..............................7
ARTICLE 13
FUNDING REQUIREMENTS..................................................................7
ARTICLE 14
PREPARATION OF BID.........................................................................7
ARTICLE 15
SUBMITTAL OF BID..............................................................................8
ARTICLE 16
MODIFICATION AND WITHDRAWAL OF BID.......................................9
ARTICLE 17
OPENING OF BIDS................................................................................9
ARTICLE 18
BIDS TO REMAIN SUBJECT TO ACCEPTANCE..................................9
ARTICLE 19
BASIS OF BID; COMPARISON OF BIDS...............................................9
ARTICLE 20
EVALUATION OF BIDS AND AWARD OF CONTRACT .......................
10
ARTICLE 21
CONTRACT SECURITY AND INSURANCE........................................11
ARTICLE 22
SIGNING OF AGREEMENT.................................................................11
ARTICLE 23
SALES AND USE TAXES....................................................................11
ARTICLE 1
DEFINED TERMS
1.01 Terms used in these Instructions to Bidders will have the meanings indicated in
the General Conditions and Supplementary Conditions. Additional terms used in
these Instructions to Bidders have the meanings indicated below which are
applicable to both the singular and plural thereof.
A. Issuing Office: The office from which the Bidding Documents are to be
issued and where the bidding procedures are to be administered.
ARTICLE 2 COPIES OF BIDDING DOCUMENTS
2.01 Complete sets of the Bidding Documents in the number and for the amount
stated in the Advertisement for Bids may be obtained from the Issuing Office as
identified in the advertisement. The deposit/fee will be refunded in accordance
with the conditions indicated in the Advertisement for Bids.
2.02 Complete set of Bidding Documents must be used in preparing bids; neither
Owner nor Engineer assumes any responsibility for errors or misinterpretations
resulting from the use of incomplete set of Bidding Documents.
3097-F: 05/18/15 00200-1 Instruction to Bidders
Document in accordance with EJCDC No. C-200 (2007) & RUS Bulletin 1780-26, Attachment F, 10/2007

2.03 Owner and Engineer in making copies of Bidding Documents available on the
above terms do so only for the purpose of obtaining Bids for the Work and do not
confer a license or grant for any other use.
ARTICLE 3 MINORITY PARTICIPATION GOALS
3.01 Bidders must make positive efforts to utilize minority businesses. The Owner has
developed a goal of ten percent (10%) for participation of minority business
enterprises in construction contracts awarded pursuant to NCGS 143-128(c).
3.02 Bidder shall be required to submit identification of firms and Affidavits as required
in the Bid Form.
ARTICLE 4 QUALIFICATIONS OF BIDDERS
4.01 Bidders are notified that Chapter 87, Article(s) 1 of the General Statutes of North
Carolina, will be observed in receiving and awarding contracts. Bidders for this
Project must be licensed in the following classifications and limitations:
A. General: Must have a General Contractors license with one of the following
classifications with a limitation appropriate to the bid amount.
1. Classifications:
a. Unclassified
b. Public Utilities Contractor
c. Public Utilities (Water Lines and Sewer Lines)
2. Limitations:
a. "Limited": Up to $500,000
b. "Intermediate": Up to $1,000,000
c. "Unlimited": No limit on contract value
B. Plumbing: Must have a Class I license.
4.02 To demonstrate Bidder's qualifications to perform the Work prior to award, within
five (5) days of Owner's request, Bidder shall submit written evidence which shall
include, but not be limited to, the following:
A. Official name of Bidder and length of time the organization has been in
business under present name.
B. Address, phone and fax numbers of main place of business. Address and
phone numbers of company office that will manage the Project if different
than above.
C. Officers of the company. Name and resume of designated project manager
and field superintendent. Number of regular employees of the organization.
D. Latest financial statement showing assets and liabilities of the company.
E. Name and home office address of the Surety proposed and the name and
address of the responsible local claim agent.
F. Listing of completed projects of similar size and type. Provide name and
phone number of project owner representative.
G. Existing work commitments.
H. List of work to be subcontracted. Name and addresses of subcontractors.
I. Names and addresses of major material Suppliers.
Instruction to Bidders 00200-2 3097-F: 05/18/15
Document in accordance with EJCDC No. C-200 (2007) & RUS Bulletin 1780-26, Attachment F, 10/2007

J. Statement that bidder is capable of completing the project within the stated
time.
K. The apparent Low Bidder shall submit within 72 hours of the Bid Date the
following Affidavits:
1. Affidavit C, Portion of the Work to be Performed by Minority Firms.
2. Affidavit D, Good Faith Efforts
4.03 Any additional submittals required with the General Conditions, Supplementary
Conditions, or the State and Federal Special Conditions shall be submitted within
the stated timeframes and on the supplied forms, where available.
4.04 Failure or refusal to furnish information requested shall constitute a basis for
disqualification of Bidder and the withholding of the Bid Bond.
ARTICLE 5 EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA,
AND SITE
5.01 Subsurface and Physical Conditions
A. The Supplementary Conditions identify:
1. Those reports of explorations and tests of subsurface conditions at or
contiguous to the Site that Engineer has used in preparing the Bidding
Documents.
2. Those drawings of physical conditions in or relating to existing surface
and subsurface structures at or contiguous to the Site (except
Underground Facilities) that Engineer has used in preparing the Bidding
Documents.
B. Copies of reports and drawings referenced in Paragraph 5.01.A will be made
available by Owner to any Bidder on request. Those reports and drawings
are not part of the Contract Documents, but the "technical data" contained
therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of
the General Conditions has been identified and established in Paragraph
4.02 of the Supplementary Conditions. Bidder is responsible for any
interpretation or conclusion Bidder draws from any "technical data" or any
other data, interpretations, opinions or information contained in such reports
or shown or indicated in such drawings.
5.02 Underground Facilities
A. Information and data shown or indicated in the Bidding Documents with
respect to existing Underground Facilities at or contiguous to the Site is
based upon information and data furnished to Owner and Engineer by
owners of such Underground Facilities, including Owner, or others.
5.03 Provisions concerning responsibilities for the adequacy of data furnished to
prospective Bidders with respect to subsurface conditions, other physical
conditions and Underground Facilities, and possible changes in the Bidding
Documents due to differing or unanticipated conditions appear in paragraphs
4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning
responsibilities for the adequacy of data furnished to prospective Bidders with
respect to a Hazardous Environmental Condition at the Site, if any, and possible
changes in the Contract Documents due to any Hazardous Environmental
Condition uncovered or revealed at the Site which was not shown or indicated in
3097-F: 05/18/15 00200-3 Instruction to Bidders
Document in accordance with EJCDC No. C-200 (2007) & RUS Bulletin 1780-26, Attachment F, 10/2007

the Drawings or Specifications or identified in the Contract Documents to be
within the scope of the Work appear in paragraph 4.06 of the General Conditions.
5.04 On request, Owner will provide Bidder access to the Site to conduct such
examinations, investigations, explorations, tests, and studies as Bidder deems
necessary for submission of a Bid. Bidder shall fill holes and clean up and restore
the Site to its former condition upon completion of such explorations,
investigations, tests, and studies. Bidder shall comply with all applicable Laws
and Regulations relative to excavation and utility locates.
5.05 Additional Owner Provided Information:
A. Reference is made to Article 7 of the Supplementary Conditions for the
identification of the general nature of other work that is to be performed at
the Site by Owner or others (such as utilities and other prime contractors)
that relates to the Work contemplated by these Bidding Documents. On
request, Owner will provide to each Bidder for examination access to or
copies of Contract Documents (other than portions thereof related to price)
for such other work.
5.06 It is the responsibility of each Bidder before submitting a Bid to:
A. Examine and carefully study the Bidding Documents, the other related data
identified in the Bidding Documents, and any Addenda;
B. Visit the Site and become familiar with and satisfy Bidder as to the general,
local and Site conditions that may affect cost, progress, and performance of
the Work;
C. Become familiar with and satisfy Bidder as to all federal, state and local
Laws and Regulations that may affect cost, progress, and performance of
the Work;
D. Carefully study all: (1) 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 4.02 of the General
Conditions, and (2) reports and drawings of Hazardous Environmental
Condition at the Site which have been identified in the Supplementary
Conditions as provided in paragraph 4.06 of the General Conditions;
E. Obtain and carefully study (or assume responsibility for not doing so) all
additional or supplementary examinations, investigations, explorations, tests,
studies, and data concerning conditions (surface, subsurface, and
Underground Facilities) at or contiguous to the Site which may affect cost,
progress, or performance of the Work or which relate to any aspect of the
means, methods, techniques, sequences, and procedures of construction to
be employed by Bidder, including any specific means, methods, techniques,
sequences, and procedures of construction expressly required by the
Bidding Documents, and safety precautions and programs incident thereto;
F. Agree at the time of submitting its Bid that no further examinations,
investigations, explorations, tests, studies, or data are necessary for the
determination of its Bid for performance of the Work at the price(s) bid and
Instruction to Bidders 00200-4 3097-F: 05/18/15
Document in accordance with EJCDC No. C-200 (2007) & RUS Bulletin 1780-26, Attachment F, 10/2007

within the times and in accordance with the other terms and conditions of the
Bidding Documents;
G. Become aware of the general nature of the work to be performed by Owner
and others at the Site that relates to the Work as indicated in the Bidding
Documents;
H. Correlate the information known to Bidder, information and observations
obtained from visits to the Site, reports and drawings identified in the Bidding
Documents, and all additional examinations, investigations, explorations,
tests, studies, and data with the Bidding Documents;
I. Promptly give Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder discovers in the Bidding Documents and confirm
that the written resolution thereof by Engineer is acceptable to Bidder; and
J. Determine that the Bidding Documents are generally sufficient to indicate
and convey understanding of all terms and conditions for the performance of
the Work.
5.07 The submission of a Bid will constitute an incontrovertible representation by
Bidder that Bidder has complied with every requirement of this Article, that
without exception the Bid is premised upon performing and furnishing the Work
required by the Bidding Documents and applying any specific means, methods,
techniques, sequences, and procedures of construction that may be shown or
indicated or expressly required by the Bidding Documents, that Bidder has given
Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that
Bidder has discovered in Bidding Documents and the written resolutions thereof
by Engineer are acceptable to Bidder, and that the Bidding Documents are
generally sufficient to indicate and convey understanding of all terms and
conditions for performing and furnishing the Work.
5.08 After Bids have been submitted, Bidder shall not assert that there was a
misunderstanding concerning the quantities of Work or of the nature of Work to
be done.
5.09 Bidding Documents contain the provisions required for construction of the
Project. Information obtained from an officer, agent, or employee of the Owner or
any other person shall not affect the risks or obligations assumed by the Bidder
or relieve him from fulfilling the conditions of the contract.
5.10 Failure or omission of Bidder to do the foregoing shall in no way relieve Bidder
from the obligations in respect to his Bid.
ARTICLE 6 SITE AND OTHER AREAS
6.01 The Site is identified in the Bidding Documents. Easements for permanent
structures or permanent changes in existing facilities are to be obtained and paid
for by Owner unless otherwise provided in the Bidding Documents. Additional
lands and access thereto required for temporary construction facilities,
construction equipment, or storage of materials and equipment to be
incorporated in the Work are to be obtained and paid for by Contractor.
ARTICLE 7 INTERPRETATIONS AND ADDENDA
7.01 Questions about the meaning or intent of the Bidding Documents are to be
submitted to Engineer in writing. Questions may be faxed or e-mailed. Questions
3097-F : 05/18/15 00200-5 Instruction to Bidders
Document in accordance with EJCDC No. C-200 (2007) & RUS Bulletin 1780-26, Attachment F, 1012007

will not be taken by phone. Engineer's fax number is 1-336-626-5722. E-mail
address is [e-mail].
7.02 Submittal with questions shall include the project name, the person's name
submitting the question, firm, telephone number, fax number and e-mail when
available.
7.03 Interpretations or clarifications considered necessary by Engineer in response to
such questions will be issued by Addenda delivered to parties recorded by
Engineer as having received the Bidding Documents. Questions received less
than five working days prior to the date for opening of Bids may not be answered.
Only questions answered by Addenda will be binding. Oral and other written
interpretations or clarifications will be without legal effect.
7.04 Addenda may be issued to clarify, correct, or change the Bidding Documents as
deemed advisable by Owner or Engineer.
ARTICLE 8 BID SECURITY
8.01 Bid must be accompanied by Bid security made payable to Owner in an amount
of 5 percent of Bidder's maximum Bid price and in the form of a certified or bank
check or a Bid Bond (on the form attached) issued by a surety meeting the
requirements of paragraphs 5.01 and 5.02 of the General Conditions.
8.02 The Bid security of the Successful Bidder will be retained until such Bidder has
executed the Contract Documents, furnished the required contract security and
met the other conditions of the Notice of Award, whereupon the Bid security will
be returned. If the Successful Bidder fails to execute and deliver the Contract
Documents and provide the required contract security within 10 days after the
Notice of Award, Owner may annul the Notice of Award and the Bid security of
that Bidder will be forfeited. The Bid security of other Bidders whom Owner
believes to have a reasonable chance of receiving the award may be retained by
Owner until the earlier of seven days after the Effective Date of the Agreement or
the end of the Bid holding period as indicated in the Bid Form, whereupon Bid
security furnished by such Bidders will be returned.
8.03 Bid security of other Bidders whom Owner believes do not have a reasonable
chance of receiving the award will be returned within seven days after the Bid
opening.
ARTICLE 9 CONTRACT TIMES
9.01 The number of days within which, or the dates by which, the Work is to be
substantially completed and ready for final payment are set forth in the
Agreement.
ARTICLE 10 LIQUIDATED DAMAGES
10.01 Provisions for liquidated damages, if any, are set forth in the Agreement.
ARTICLE 11 SUBSTITUTE AND OR -EQUAL ITEMS
11.01 The Contract, if awarded, will be on the basis of materials and equipment
specified or described in the Bidding Documents without consideration of
possible substitute or "or -equal" items. Whenever it is specified or described in
the Bidding Documents that a substitute or "or -equal" item of material of
equipment may be furnished or used by Contractor if acceptable to Engineer,
Instruction to Bidders 00200-6 3097-F: 05/18/15
Document in accordance with EJCDC No. C-200 (2007) & RUS Bulletin 1780-26, Attachment F, 1012007

application for such acceptance will not be considered by Engineer until after the
Effective Date of the Agreement.
ARTICLE 12 SUBCONTRACTORS, SUPPLIERS, AND OTHERS
12.01 If the Supplementary Conditions require the identity of certain Subcontractors,
Suppliers, or others to be submitted to Owner in advance of a specified date prior
to the Notice of Award, the apparent Successful Bidder, and any other Bidder so
requested, shall within five days after Bid opening, submit to Owner a list of such
Subcontractors, Suppliers, and others proposed for those portions of the Work
for which such identification is required. An experience statement shall
accompany such list with pertinent information regarding similar projects and
other evidence of qualification for each such Subcontractor, Supplier, and others
if requested by Owner. If Owner or Engineer, after due investigation, has
reasonable objection to any proposed Subcontractor, Supplier, or others, Owner
may, before the Notice of Award is given, request apparent Successful Bidder to
submit a substitute, without an increase in the Bid.
12.02 If apparent Successful Bidder declines to make any such substitution, Owner
may determine such Bidder to be non-responsive, reject the Bid, and award the
Contract to the next lowest Bidder that proposes to use acceptable
Subcontractors, Suppliers, individuals, or entities. Declining to make requested
substitutions will not constitute grounds for forfeiture of the Bid security of any
Bidder. Subcontractor, Supplier, or others so listed and against which Owner or
Engineer makes no written objection prior to the giving of the Notice of Award will
be deemed acceptable to Owner and Engineer subject to revocation of such
acceptance after the Effective Date of the Agreement as provided in paragraph
6.06 of the General Conditions.
12.03 Contractor shall not be required to employ any Subcontractor, Supplier,
individual, or entity against whom Contractor has reasonable objection.
12.04 The Contractor shall not award work to Subcontractor(s) in excess of the limits
stated in SC 6.06.
ARTICLE 13 FUNDING REQUIREMENTS
13.01 This material is based upon work supported in whole or part by the NC Rural
Economic Development Center. Any opinions, findings, conclusions, or
recommendations expressed in this publication are those of the author(s) and do
not necessarily reflect the views and polices of the NC Rural Economic
Development Center.
ARTICLE 14 PREPARATION OF BID
14.01 The Bid form is included with the Bidding Documents. Additional copies may be
obtained from Engineer.
14.02 Bids must be made on required Bid Form. Blanks on the Bid Form shall be
completed by printing in ink. Erasures or alterations shall be initialed in ink by the
person signing the Bid Form. A Bid Price shall be indicated for each item listed
therein, or the words "No Bid," "No Change," or "Not Applicable' entered.
Unsigned modifications to Bid Form may cause Bid to be rejected.
14.03 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers
of which shall be filled in on the Bid form. It is the bidder's responsibility to
confirm the final number of addendums with Engineer prior to submitting the bid.
3097-F: 05/18/15 00200-7 Instruction to Bidders
Document in accordance with EJCDC No. C-200 (2007) & RUS Bulletin 1780-26, Attachment F, 10/2007

14.04 The postal and email addresses and telephone number for communication
regarding the Bid shall be shown.
14.05 The Bid shall contain evidence of Bidder's authority and qualification to do
business in the state or locality where the Project is located. Bidder's state
contractor license number shall also be shown on the Bid form.
14.06 Bid Form shall be executed as follows:
A. Sole Owner: Evidenced by word "owner" appearing after the name of the
person -executing document.
B. Partnership: Executed in the partnership name and signed by a partner,
whose title shall appear under the signature, accompanied by evidence of
authority to sign.
C. Corporation: Executed in the corporate name by the president or vice-
president or other corporate officer accompanied by evidence of authority to
sign. Corporate seal shall be affixed and attested by secretary or assistant
secretary and the title of the office of such person shall appear after their
signatures.
D. Joint Venture: Executed by each member of the Joint Venture in the above
form for sole owner, partnership, or corporation, whichever form is
applicable.
E. Limited Liability Company: Executed in the name of the firm by a member
and accompanied by evidence of authority to sign.
F. Signatures shall be signed in ink and properly witnessed.
G. Names shall be typed or printed in ink below the signatures.
H. Official mailing address of owner, partnership, corporation, or joint venture
shall be shown below the signature.
14.07 Bidder shall complete the form, Identification of Minority Business Participation,
identifying the minority businesses that will be utilized on the project with
corresponding total dollar value and Affidavit A, Listing of Good Faith Efforts, or
Affidavit B, Intent to Perform Contract with own Workforce, as required by G.S.
143-128.2(c) and G.S. 143-128.2(f). Failure to comply with these requirements is
grounds for rejection of the bid.
ARTICLE 15 SUBMITTAL OF BID
15.01 The Owner, at the location and time indicated in the Advertisement for Bids, will
receive sealed Bids. Bids received after the indicated time and date shall not be
considered.
15.02 Bid form is to be completed and submitted with all the attachments outlined in
Article 7 of the Bid Form, including the E -Verify Affidavit. The complete list of
required bid documents can also be found in the attached Bidder's Checklist.
The checklist shall be the first page of all bids submitted.
15.03 Submit Bid in an opaque sealed envelope plainly marked on the outside with the
following:
Bid for Old Salisbury Road Sewer
Bidder's name and address
N.C. Contractor's license number with classification and limitation
Instruction to Bidders 00200-8 3097-F: 05/18/15
Document in accordance with EJCDC No. C-200 (2007) & RUS Bulletin 1780-26, Attachment F, 10/2007

15.04 If forwarded by mail or other delivery system, enclose sealed envelope
containing Bid and information listed above in another envelope with notation
"BID ENCLOSED" and addressed to:
Dwayne Childress
P.O. Box 1067
913 Greensboro St
Lexington, N. C. 27293
When using the mail or other delivery system, the Bidder is totally responsible for
the mail or other delivery system delivering the Bid at the place and prior to the
time indicated in the Advertisement for Bid.
ARTICLE 16 MODIFICATION AND WITHDRAWAL OF BID
16.01 A Bid may be modified or withdrawn by an appropriate document duly executed
in the manner that a Bid must be executed and delivered to the place where Bids
are to be submitted prior to the date and time for the opening of Bids.
Modifications shall indicate only the amount to be added to or deducted from the
Bidder's Bid amount as submitted on the Bid Form.
16.02 No Bid may be withdrawn after the Bid opening for a period of time as indicated
in the Bid Form except in accordance with the provisions of N. C. General
Statues 143-129.1.
ARTICLE 17 OPENING OF BIDS
17.01 Bids will be opened at the time and place indicated in the Advertisement for Bids
and, unless obviously non-responsive, read aloud publicly. An abstract of the
amounts of the base Bids and major alternates, if any, will be made available to
Bidders after the opening of Bids.
ARTICLE 18 BIDS TO REMAIN SUBJECT TO ACCEPTANCE
18.01 Bids will remain subject to acceptance for the period of time stated in the Bid
form, but Owner may, at its sole discretion, release any Bid and return the Bid
security prior to the end of this period.
ARTICLE 19 BASIS OF BID; COMPARISON OF BIDS
19.01 Unit Price
A. Bidders shall submit a Bid on a unit price basis for each item of Work listed
in the Bid schedule.
S. The total of all bid prices will be determined as the sum of the products of the
estimated quantity of each item and the corresponding unit price bid for the
item. The final quantities and Contract Price will be determined in
accordance with paragraph 11.03 of the General Conditions.
C. Discrepancies between the multiplication of units of Work and unit prices will
be resolved in favor of the unit prices. Discrepancies between the indicated
sum of any column of figures and the correct sum thereof will be resolved in
favor of the correct sum. Discrepancies between words and figures will be
resolved in favor of the words.
3097-F: 05/18/15 00200-9 Instruction to Bidders
Document in accordance with EJCDC No. C-200 (2007) & RUS Bulletin 1780-26, Attachment F, 10/2007

ARTICLE 20 EVALUATION OF BIDS AND AWARD OF CONTRACT
20.01 Owner reserves the right to reject any or all Bids, including without limitation,
nonconforming, non-responsive, unbalanced, or conditional Bids. Owner further
reserves the right to reject the Bid of any Bidder whom it finds, after reasonable
inquiry and evaluation, to be non-responsive. Owner also reserves the right to
waive informalities not involving price, time, or changes in the Work and to
negotiate contract terms with the Successful Bidder.
20.02 More than one Bid for the same Work from an individual or entity under the same
or different names will not be considered. Reasonable grounds for believing that
any Bidder has an interest in more than one Bid for the Work may be cause for
disqualification of that Bidder and the rejection of Bids in which that Bidder has
an interest.
20.03 In evaluating Bids, Owner will consider whether or not the Bids comply with the
prescribed requirements, and such alternates, unit prices and other data, as may
be requested in the Bid Form or prior to the Notice of Award.
20.04 In evaluating Bidders, Owner will consider the qualifications of Bidders and may
consider the qualifications and experience of Subcontractors, Suppliers, and
other individuals or entities proposed for those portions of the Work for which the
identity of Subcontractors, Suppliers, and other individuals or entities must be
submitted as provided in the Supplementary Conditions.
20.05 Owner may conduct such investigations as Owner deems necessary to establish
the responsibility, qualifications, and financial ability of Bidders, proposed
Subcontractors, Suppliers, individuals, or entities to perform the Work in
accordance with the contract Documents.
20.06 In determining the lowest responsible Bidder, Owner shall take into consideration
the past performance of Bidder on construction contracts with particular concern
given to completion times, quality of work, cooperation with other contractors,
and cooperation with owner.
20.07 In determining the responsive Bidder, Owner shall take into consideration
bidder's compliance with the requirements of G.S. 143-128.2(c). Failure of the
low bidder to furnish affidavit(s) and documentation as required by the Bid Form
for compliance with G.S. 143-128.2(c) may constitute a basis for disqualification
of the Bid.
20.08 Owner reserves the right to reject Bid if the evidence submitted by, or
investigation of, such Bidder fails to satisfy Owner that such Bidder is properly
qualified to carry out the obligations of the Agreement and to complete the Work
described therein.
20.09 Should the Owner adjudge that the apparent low Bidder is not the lowest
responsible Bidder by virtue of the above information, said apparent low Bidder
will be so notified and his Bid security shall be returned.
20.10 If the Contract is to be awarded, Owner will award the Contract to the responsible
Bidder whose Bid, conforming with all the material terms and conditions of the
Instruction to Bidders, is lowest, price and other factors considered. If detailed in
the bid form, factors such as discounts, transportation costs, and life cycle costs
may be used to determine which bidder, if any, is to be offered the award.
Instruction to Bidders 00200-10 3097-F: 05/18/15
Document in accordance with EJCDC No. C-200 (2007) & RUS Bulletin 1780-26, Attachment F, 10/2007

ARTICLE 21 CONTRACT SECURITY AND INSURANCE
21.01 Article 5 of the General Conditions, as may be modified by the Supplementary
Conditions, sets forth Owner's requirements as to Performance Bond, Payment
Bond, and other Bonds and insurance. When the Successful Bidder delivers the
executed Agreement to Owner, it must be accompanied by such Bonds.
ARTICLE 22 SIGNING OF AGREEMENT
22.01 When Owner gives a Notice of Award to the Successful Bidder, it shall be
accompanied by the required number of unsigned counterparts of the Agreement
with the other contract Documents which are identified in the Agreement as
attached thereto. Within 10 days thereafter, Successful Bidder shall sign and
deliver the required number of counterparts of the Agreement, Bonds, Insurance,
and other documents to Owner. Within 10 days thereafter, Owner shall deliver
one fully signed counterpart to Successful Bidder with a complete set of the
Drawings with appropriate identification.
22.02 In case of failure of Bidder to execute the Agreement, Owner may at his option
consider Bidder in default, in which case Bid Bond accompanying Bid shall
become the property of the Owner.
22.03 Applicable laws, ordinances, and the rules and regulations of authorities having
jurisdiction over construction of the Project shall apply to the contract throughout.
ARTICLE 23 SALES AND USE TAXES
23.01 The Owner is NOT exempt from sales tax. Said taxes must be included in the
bid.
END OF DOCUMENT
3097-F: 05/18/15 00200-11 Instruction to Bidders
Document in accordance with EJCDC No. C-200 (2007) & RUS Bulletin 1780-26, Attachment F, 10/2007

BIDDER'S CHECKLIST
This checklist shall be included as the first page of the submitted bidding documents.
As outlined in article 7 of the Bid Form the following items shall be included with the
submitted bidding documents:
eroperly Executed Bid Form (Including the acknowledgement of all Addenda)
Required Bid security in the form of a Bid Bond EJ CDC No C-430 or Certified
A. (/Check (circle type of security provided�Bond shall be inclu a ai executed
Power of Attorney.___
Identification of Minority Business Participation
k s; or Affidavit B, Intent to Perform
- Contract with Own Workforce
C. E -Verify Affidavit
G. I List of Proposed Subcontractors
j
3097-F : 04/20/15 00410-a Bidder's Checklist
Document in accnrdunce with RUS Bulletin 1780-26. Attachment G 1012009

BID FORM
PROJECT: Old Salisbury Road Sewer
BID FROM: R e(Kf)C. I N L
TABLE OF ARTICLES
page
Article 1 — Bid Recipient 1
Article 2 — Bidders Acknowledgements
Article 3 — Bidders Representations
Article 4 — Bidder's Certification
Article 5 — Basis of Bid
Article 6 — Time of Completion
Article 7 — Attachments to this Bid
Article 8 — Defined Terms
Article 9 — Bid Submittal
ARTICLE 1 BID RECIPIENT
1.01 This Bid is Submitted To:
Davidson County
P.O. Box 1067
925 North Main Street
Lexington, NC 27293
1.02 Undersigned bidder proposes and agrees, if this Bid is accepted, to enter into an
Agreement with the Owner in the form included in the Bidding Documents to perform the
Work as specified or indicated in the Bidding Documents for the prices and within the
times indicated in the Bid and In accordance with the other terms and conditions of the
Bidding Documents.
ARTICLE 2 BIDDER'S ACKNOWLEDGEMENTS
2.01 Bidder accepts all of the terms and conditions of the Advertisement and Instructions to
Bidders, including without limitation those dealing with the disposition of Bid security.
This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such
longer period of time that Bidder may agree to in writing upon request of Owner.
ARTICLE 3 BIDDER'S REPRESENTATIONS
3.01 In submitting this Bid, Bidder represents that:
A. Bidder has examined and carefully studied the Bidding Documents, the other
related data identified in the Bidding Documents, and the following Addenda, receipt
of which is hereby acknowledged. g
Addenda 1 , P,
3097-F: 05/19/15 00410-1 Bid Form
Document in arcoMance with EJCDC No. C-010 (2007) 8 RUS Bulletin 1780-26, Attachment G. 10/2009

B. Bidder has visited the Site and become familiar with and is satisfied as to the
general, local and Site conditions that may affect cost, progress, and performance
of the Work.
C. Bidder is familiar with and is satisfied as to federal, state and local Laws and
Regulations that may affect cost, progress, and performance, of the Work.
D. Bidder has carefully studied all: (1) 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 SC -4.02, and (2)
reports and drawings of Hazardous Environmental Conditions, if any, that have
been identified in SC -4.06 as containing reliable 'technical data'.
E. Bidder has considered the information known to Bidder; information commonly
known to contractors doing business in the locality of the Site; information and
observations obtained from visits to the Site; the Bidding Documents: and the Site -
related reports and drawings identified in the Bidding Documents, with respect to
the effect of such information, observations, and documents on (1) the cost,
progress, and performance of the Work; (2) the means, methods, techniques,
sequences, and procedures of construction to be employed by Bidder, including
applying the specific means, methods, techniques, sequences, and procedures of
construction expressly required by the Bidding Documents; and (3) Bidder's safety
precautions and programs.
F. Based on the information and observations referred to in Paragraph 3.01.E above,
Bidder does not consider that any further examinations, investigations, explorations,
tests, studies, or data are necessary for the determination of this Bid for
performance of the Work at the price(s) bid and within the times and in accordance
with the other terms and conditions of the Bidding Documents.
G. Bidder is aware of the general nature of work to be performed by Owner and others
at the Site that relates to the Work as indicated in the Bidding Documents.
H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder has discovered in the Bidding Documents, and the written
resolution thereof by Engineer is acceptable to Bidder.
I. The Bidding Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for the performance of the Work for which
this Bid is submitted.
J. Bidder will submit written evidence of its authority to do business in the state where
the Project is located not later than the date of its execution of the Agreement.
ARTICLE 4 BIDDER'S CERTIFICATION
4.01 Bidder further represents that:
A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed
individual or entity and is not submitted in conformity with any agreement or rules of
any group, association, organization or corporation;
B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a
false or sham Bid;
Bid Form 00410-2 3097-F: 05/06/15
omimarrt in accordance with EJCOC No. C41012007) 8 RUS Bulletin 1760-26, Attachment G. 10/2009

C. Bidder has not solicited or induced any individual or entity to refrain from bidding;
and
D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in
competing for the Contract. For the purposes of this Paragraph 4.01.13:
1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing
of value likely to influence the action of a public official in the bidding process;
2. "fraudulent practice" means an intentional misrepresentation of facts made (a)
to influence the bidding process to the detriment of Owner, (b) to establish bid
prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits
of free and open competition;
3. "collusive practice" means a scheme or arrangement between two or more
Bidders, with or without the knowledge of Owner, a purpose of which is to
establish bid prices at artificial, non-competitive levels; and
4. "coercive practice" means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in the bidding process
or affect the execution of the Contract.
ARTICLE 5 BASIS OF BID
5.01 Bidder will complete the Work in accordance with the Contract Documents for the
following price(s):
A. For 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 below.
Item
Descri tion
P
Unit
Estimated
Quantit
Unit Price
Total
Estimated Price
No.
1
obilization
LS
1
1
n - i
2
" Sanita Sewer, Depth 0-6 ft
LF
89
a2 .Ol3
T / LN2
3
" Santa Sewer Death 6-8 ft
LF
1:010
• aU
4
" Sanita Sewer, Denth 8-10 ft
LF
1,206
a�
a� ♦
• r
5
" Sant Sewer, Death 10-12 ft
LF
278
V
6
" Sanita Sewer, De th 12-14 ft
LF
148
b
Ln,
7
"Santa Sewer, De th 14-16 it
LF
17
•.
8
"DIP Sanita Sewer, De th 0- fl
LF
29
L' �.
1 I 6O r
e
9
"DIPS nits Sewer, Depth 6-8 ft
LF
129
10
"Dip Sanitary Sewer, De th B-10 ft
LF
13
L&
L
1 •
11
8" DIP Sanita Sewer, Death 10-12 ft
LF
16
16
-a7161%--
12
" DIP Sanita Sewer: Death 12-14 ft
LF
8
r5 L
OU
13
" DIP Sanita Sewer, De th 14-16 ft
LF
52
1r
18" Steel Encasement Pipe By Bore And
14
ack With 8" DIP Installed In Encasement
�.
Pi e— Guaranteed Installation
LF
100
3097-F : 05/19/15 00410-3 Bid Form
Document in acc dance with EJCDC No. C-410 (2007)& RDS Bulletin 179040, Attachment G. 1012009

Item
No.
Description
Unit
Estimated
Quandt
Unit Price
Total
Estimated Price
15
' Dia. Manholes, 0-6 it
EA
1
a "00 '
•D0, "
16
' Dia. Manholes 8-12 ft
EA
7
r L/Op '
GO
17
4'Dia. Manholes, 10-12 ft
FA
4
3"500.—
j 00o' —
t8
' Dia. Manholes, 14-16 ft
EA
1
L
ov , —
19
" Sarritata Sewer Service
EA
1
20
Connect New 8" Sanitary Sewer To
Existin.9 Manhole
EA
1
21
Rock Excavation
CY
100
1 0 j,-
22
ndercutUnstable Pipe Foundation
CY
300
LI c:
500,"
23
elect Backfill
CY
300
33s,
I o "
24
Temporary Stream Crossing
EA
3
60
3 0 00,
25
em Construction Entrance
EA
4
Six,-
r1
pav —
26
tone Outlet
EA
12
3 � 1 —
0 "`)
27
Rock Check Dam
EA
1
'r 00
00,-
28
Silt Fence
LF
3,384
i 5
('j 7 (o, —
29
lass B Rilrap
SY
143
35.00
.� o ,
30
rosion Control Matting
SY
345
,
a
Total Bid Price
Ci
B. Unit Prices have been computed in accordance with paragraph 11-03.6 of the
General Conditions.
C. Bidder acknowledges that estimated quantities are not guaranteed, and are solely
for the purpose of comparison of Bids, and final payment for Unit Price Bid items
will be based on actual quantities, determined as provided in the Contract
Documents. Determinations of actual quantities and classification are to be made
by Engineer as provided in paragraph 9.07 of the General Conditions.
ARTICLE 6 TIME OF COMPLETION
6.01 Bidder agrees that the Work will be completed and ready for final payment in
accordance with paragraph 14.07 of the General Conditions on or before the dates or
within the number of calendar days indicated in the Agreement.
6.02 Bidder accepts the provisions of the Agreement as to liquidated damages.
ARTICLE 7 ATTACHMENTS TO THIS BID
7.01 The following documents are attached to and made a condition of this Bid. Failure to
provide the documentation with the bid may be grounds for rejection of the bid.
A. Required Bid security in the form of a Bid Bond (EJCDC No. C-430) or Certified
Check (circle type of security provided).
B. in accordance with GS 143-128.2(c), Bidder shall identify on its bid the minority
businesses that it will use on the project and the total dollar value of the bid that will
Bid Form 00410-4 3097-F: 05/06/15
Document in acmniance with EJCDC No. C410 (2007) & RUS Bulletin 1780-26, Attachment G, 1012009

be performed by the minority businesses and list the good faith efforts (Affidavit A)
made to solicit participation. A Bidder that will perform ail of the work with its own
workforce may submit an Affidavit (B) to that effect in lieu of the affidavit (A)
required above -
1 -
bove.1. Identification of Minority Business Participation.
2. Affidavit A, Listing of Good Faith Efforts; or Affidavit B, Intent to Perform
Contract with Own Workforce.
7.02 Submit the Bidder's Checklist as provided in the bidding documents with the bid
submittal. The Checklist shall be completed and included as the first page of the
submittal.
7.03 After the bid opening the Owner will consider all bids and alternates and determine the
lowest responsible, responsive bidder. Upon notification of being the apparent low
Bidder, the Bidder shall then file within 72 hours of the notification of being the apparent
lowest bidder, the following:
A. An Affidavit (C) that includes a description of the portion of work to be executed by
minority businesses, expressed as a percentage of the total contract price, which is
equal to or more than the goal established by the Owner and indicated in the
Instruction to Bidders, paragraph Minority Participation Goals. This affidavit shall
give rise to the presumption that the bidder has made the required good faith effort;
or
B. Affidavit (D) of its good faith effort to meet the goal. The document must include
evidence of all good faith efforts that were implemented, including any
advertisements, solicitations and other specific actions demonstrating recruitment
and selection of minority businesses for participation in the contract.
7.04 Bidder understands that if this Bid is accepted by the Owner, Bidder shall not substitute
for the subcontractors named in the Bid Documents except as allowed in the
Supplementary Conditions,
ARTICLE 8 DEFINED TERMS
8.01 The terms used in this Bid with initial capital letters have the meanings stated in the
Instructions to Bidders, the General Conditions, and the Supplementary Conditions.
ARTICLE 9 BID SUBMITTAL
9.01 Contractor's License
A.
cr
A. Number: / 7 I S
B. Classification:� 1A%A.JV31 Sevvt)
C. Limitation: (e
Employer's Tax ID No.: Ll -1 fr'A 1 l
Business Addre s
Ota��S� S
Phone No.:51c1 15 �7 3 q
3097-F:05/06/15 00410-5 Bid Form
Dnwment in accordance with EJCDC No. C410 (2007) 8 RUS Bulletin 1780-26. Attachment G, 10/2000

Fax No.:
E -Mail Address: Vq�
" C0k0-rOSt P S,M411 „(0m
9.02 This Bid Submitted by:
An Individual
Nar
By:
Doing Business As:
(Type or print)
A Partnership
Partnership Name:
The Organization and Internal Affairs of thf Partnership are governed by the laws
of the State of:
By:
Name:
(Signature of gent{a`partntr, Itac4evidhme of authority to sign)
Or
Title:
(Type or print)
Attest:
(Signature of Corporate Secretary)
Bid Form 00410-6 3097-F: 05/06/15
Domment in accordance with EJCDC No. C410 (2007) & RUS Buttet n 1780-28, Attachment G, 10/2009

A Corporation
Corporation Name: U�ji U\,
State of Incorporation: k j Aa ('
Type (General Business, PcQiess r,r Service, la ility):
0
attach evidence of authority to sign)
Name: VIVI W 0 J�
(�Type/o'r�print)
Title: lJ C 1
(Type or print) - -
Attest: S— Corporate Seal
(Signature pff Corporate Secretary) ,
Date of Qualification to do business in North Carolina is _a 0 %
Limited Liability Company — LLC
Name of LLC:
Name of State under whose Laws the Li ited Liability Company
was formed: % _
By: _
Name:
Title:
or
(Type or print)
END OF DOCUMENT
3097-F : 05/06/15 00410-7 Bid Form
Dooumert ir. accordam;e w th EJCDC NeC-410 (2007, & RUS Balleto 1780-26 AtLad-memG. '0 2009

PENAL SUM FC
BID BOND (3
Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.
BIDDER (Nome and Address):
BBUDC Inc.
P.O. Box 52522
Durham, NC 27717-2552
SURETY,(.Name and Address of Principal Place ofl?tainess):
The Ohio Casualty Insurance Company
62 Maple Ave.
Keene, NH 03431
OWNER (Name and Address):
Davidson County
P.O, Box 1067
913 Greensboro Street
Lexington, N.C. 27293
BID
Bid Due Date: June 11, 2015
Description (Project Name and-Include.Location): Installation of approximately 3,100 linear feet of 8 -inch
Davidson County Old Salisbury Road Sewer sanitary sewer and associated appurtenances.
BOND
Bond Number. N/A
Date (Not earlier than Bid due date): June 11, 2015
Penal sum five percent of total amount bid $ 5%
(Words) (Figures)
Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this
Bid Bond to be duly executed by an authorized officer, agent, or representative. ,,t .
BIDDER
BBUDC Inc.
Bidder's a and Corporate Sea[
By: c7
Signature
Print Name
Title
Attest:
Signature
<i S, t . .
Title
SURETY
(Seal) The Ohio Casualty Insurance Compal (Seal)
Surety's Name and Corporate Seal 6 ,v
By:
Signature (Attach Power of Aft<%rn>ay)
David K. Mahler
Print Name
Attorney -In -Fact
Title
Attest: __
Si ature'Crystal Barrett
Note; Above addresses are to be used for giving required notice.
Attestee
Title
3097-F: 04101115 00430-1 Bid Bond
EJCDC No. C-430 (2467 Edition)

PhNAL SUM FC
%004
1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successo,s..
and assigns to pay to Owner upon default of Bidder the penal sum set .forth on the face of this Bond. Payment of
the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this
Bond shall be Owner's sole and exclusive remedy upon default ofBidder,
2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding
Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the
Bidding Documents and any performance and payment bonds required by the Bidding Documents.
3. This obligation shall be null and void if,
3.1 Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or
any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding
Documents and any performance and payment bonds required by the Bidding Documents, or
3.2 All Bids are rejected by Owner, or
3.3 Owner fails to issue a Notice of Award to. Bidder within the time specified in the Bidding Documents
(or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when
required by Paragraph 5 hereof).
4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after
receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable
promptness, identifying this Bond and the Project and including a statement of amount due.
S. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of
Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award
including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written
consent.
6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default
required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due
date.
7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in
the state in which the Project is located.
8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses
shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United
States Registered or Certified Mail, return receipt requested; postage pre -paid, and shall be deemed to be effective
upon receipt by the party concerned.
9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the
authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and
deliver such Bond and bind the Surety thereby.
10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any
applicable statute that has been omitted from. this Bond shall be deemed to be included herein as if set forth at
length. if any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall
govern and the remainder of this Bond that is not in conflict therewith shall continue in full. force and effect.
11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable.
3097-F: 04/01/15 00430-2 Bid Bond
£JCDC No. C-430 (2007 Moon)

2
m
C {rp
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attomey limits the acts of those named herein, and they have no authorityto bind the Company except in the manner and to the extent herein stated.
Certificate No.
American Fire and Casualty Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmerican Fire 8 Casualty Company and The Oh"asualty Insurance Company are corporations duly organized underthe laws of
the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized underihe laws of the State of Massachusetts, and WestAmehican Insurance Company
is a corporation duly, organized under the laws of the State of Indiana (herein collectively called the 'Companies"), pursuant to and by authority herein set forge, does hereby name, constitute
and appoint, David F. Druml: David K. Mahler
all of the city of Foster City , stale of CA each individually if there be more than one named, its true and lawful affomey-in-fact to make, execute, seal, acknowledge
and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, reiwgnizances and other surety obligations, in pursuance of these presents and shall
be as binding upon the Companies as if they have been duty signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this tom dayof April 2014
>
American Fire and Casualty Company
The Ohio Casually Insurance Company
v
as
if !
f9D6 cf� a ) 1017
E
Liberty Mutual Insurance Company
West American Insurance Company
ai
w
t ,
STATE OF PENNSYLVANIA ss David M. CaAssistant secretary
m
COUNTY OF MONTGOMERY
=
On this 10th day of APnI 20i4before me personally appeared David M. Cagy, who acknowledged himself to be the Assistant Secretary of American Fire and
V 10-
Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and WestAmerican Insurance Company, and that he, as such, being authorized so to do,
)
execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
d
G �
IN WITNESS WHEREOF, I have hereunto
This Power ofAttomey is made and executed{i
Company, Liberty Mutual Insurance Company,
id myname ,and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written.
IrOMMONWEALTH OF PkNNSYi.wANtk
1a ( By:
Z
' a . 1�r, Teresa Fastens , Notary Public
ciM$ ri 9.1 2
timly of the following By-laws and Authorizations ofAmerican Fire and Casualty Company, The Ohio Casually Insurance
Insurance Company which resolutions are crow in full force and effect reading as follows:
ff0. ARTICLE IV -OFFICERS -Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject
to such limitation as the Chairman or the President may prescribe, shall appoint such athmeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
O S acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective
E aj powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so
O R executed, such instruments shag be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under
Athe provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
,p = ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,
w i and subect to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be (necessary to act in behalf of the Company to make, execute,
Zseal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obigations. Such attomeys-in-Nact subject to the limitations sal forth in their
respective powers of attorney, shalt have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company: When so
executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such ahomeys-in-
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizance; and other surety
obligations.
Authorization - By unanimous consent of the Companys Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretaryof the
Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shag be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and
West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, hue and correct copy of the Power of Attorney executed by said
Companies, is in full force and effect and has not been revoked. t LI ion Q
b
IN TESTIMONY WHEREOF, I have hereunto set my hand and sKaed the seals of said Companies this 7 VV ay of e� U 1 ) , 20
113
1Hh > III By:
4 i Gregory W Davenport, Assistant Secretary
LMS -12873 122013 - - 91 of 100
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CALIFORAIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of San Mateo )
On June 9, 2015
Date
before me, Soy Wong, Notary Public
Here Insert Name and Title of the Officer
personally appeared David K. Mahler
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
17 SOY WONG
_.WCommission M 2051554
xNotary Public - California iSan Mateo county r
Gomm. Ex Ves Dec 12, 2017
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature__
Sign re of Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(es) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
©2014 National Notary Association • www.Nationa[Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907

STATE OF NORTH CAROLINA
AFFIDAVIT
COUNTY CIR MUNICIPALITY
x»»»xxxxx»x»»»xxxxx»x»»»xx»»»x
1, rtS,?449 (-(the (the individual attesting below), being duly authorized
by and on behalf of �- T�\J C (the entity bidding on project
hereinafter "Employer") after first being duly sworn hereby swears or affirms as follows:
1. Employer understands that E-Verifv is the federal E -Verify program operated by the
United States Department of Homeland Security and other federal agencies, or any
successor or equivalent program used to verify the work authorization of newly hired
employees pursuant to federal law in accordance with NCGS §64-25(5).
2. Employer understands that Employers Must Use E-Verifv. Each employer, after hiring
an employee to work in the United States, shall verify the work authorization of the
employee through E -Verify in accordance with NCGS§64-26(a).
3. Employer is a person, business entity, or other organization that transacts business in
this State and that employs 25 or more employees in this State. (mark Yes or No)
a. YES or
b. NO
4. Employer's subcontractors comply with E -Verify, and if Employer is the winning bidder
on this project Employer will ensure compliance with E -Verify by any subcontractors
subsequently hired by Employer.
Thiss Q f -day of 20 i
L,�
Signature of Affiant j
Print or Type Name:�}�y�
State of North Carolina County of .416 nm LA..
Signed and sworn to (or affirmed) before me, this the 10
day of Joy 2015
My Commission Expires:
ftQb�
Notary Public
•.•P D. sc/y, ''•.
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PUBLIC

SECTION 00414
PROPOSED LIST OF SUBCONTRACTORS
PART1 GENERAL
1.1 SCOPE
A. The Contractor, shall attach the Proposed List of Subcontractors with the Bid Form to
indicate the selected subcontractors for each subcontract greater than $10,000 in
contract value.
PART PRODUCTS
not used
PART 3 EXECUTION
not used
END OF SECTION
3097-F : 06/10/15 00414-1 Proposed List of Subcontractors

Old Salisbury Road Sewer
Davidson County, NC
Proposed List of Subcontractors
Name of Subcontractor Scope of Work
0 ru
Resp tfully submi C
itted:
-r f
(11
Uor Print
(Signatu?) ,, 1
(Title) l�
License Number: / 5) J
Date: 6 -1 b `j S
(SEAL - if bid is by a Corporation)
3097-F: 06/10/15 00414-2 Proposed List of Subcontractors

OLD SALISBURY ROAD SEWER
DAVIDSON COUNTY
LEXINGTON, NORTH CAROLINA
SUBJECT: ADDENDUM NO. 1 6/4/15
To the Plans and Specifications for:
Old Salisbury Road Sewer
Davidson County, N.C.
To: PROSPECTIVE BIDDERS AND OTHER CONCERNED PARTIES
This ADDENDUM forms a part of the Contract Documents and modifies the original Bidding
Documents as noted below. Bidders shall acknowledge receipt of the ADDENDUM in the space
provided on the Bid Form. Failure to do so may subject the Bidder to Disqualification.
A. Contracting Requirements
1. Document 520, Agreement
a. Article 4 – Contract Times, Paragraph 4.02.A.
1. Replace 60 days for final completion with 75 days.
b. Add the following Paragraph
Article 4 – Contract Times, Paragraph 4.02, add the following paragraph 4.02
B after 4.02.A.
1. Deflection Test for PVC pipe will not be required for substantial completion
but will be required for final completion. Sewer line may be made active
upon substantial completion.
Bids will be received until 2:00 pm, Thursday June 11, 2015
FOR THE OWNER
THE WOOTEN COMPANY
BY
Randy S. Freeman, P.E.
Oq�
END OF DOCUMENT p� °F� S% 0
jSE L -F-
4 4
3097-F: 06/04/15 00490-1 Addendum No.

OLD SALISBURY ROAD SEWER
DAVIDSON COUNTY
LEXINGTON, NORTH CAROLINA
SUBJECT: ADDENDUM NO. 2 6/10/15
To the Plans and Specifications for:
Old Salisbury Road Sewer
Davidson County, N.C.
To: PROSPECTIVE BIDDERS AND OTHER CONCERNED PARTIES
This ADDENDUM forms a part of the Contract Documents and modifies the original Bidding
Documents as noted below. Bidders shall acknowledge receipt of the ADDENDUM in the space
provided on the Bid Form. Failure to do so may subject the Bidder to Disqualification.
A. Bidding Requirements
1. Document E -Verify Affidavit
a. Submit the attached E -Verify Affidavit with your bid.
2. Document 00414 — Proposed List of Sub -contractors
a. Submit the attached Sub -contractors List with your bid.
Bids will be received until 2:00 pm, Thursday, June 11, 2015
FOR THE OWNER
THE WOOTEN COMPANY
BY
Randy S. Freeman, P.E.
END OF DOCUMENT�! �ARo
O`�'FESS 0% e
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3097-F : 06/10/15 00490-2-1 Addendum No. 2

STATE OF NORTH CAROLINA
AFFIDAVIT
COUNTY OR MUNICIPALITY
I. (the individual attesting below), being duly authorized
by and on behalf of (the entity bidding on project
hereinafter "Employer") after first being duly sworn hereby swears or affirms as follows:
1. Employer understands that E -Verify is the federal E -Verify program operated by the
United States Department of Homeland Security and other federal agencies, or any
successor or equivalent program used to verify the work authorization of newly hired
employees pursuant to federal law in accordance with NCGS §64-25(5).
2. Employer understands that Employers Must Use E -Verify. Each employer, after hiring
an employee to work in the United States, shall verify the work authorization of the
employee through E -Verify in accordance with NCGS§64-26(a).
3. Employer is a person, business entity, or other organization that transacts business in
this State and that employs 25 or more employees in this State. (mark Yes or No)
a. YES or
b. NO
4. Employer's subcontractors comply with E -Verify, and if Employer is the winning bidder
on this project Employer will ensure compliance with E -Verify by any subcontractors
subsequently hired by Employer.
This day of 20
Signature of Affiant
Print or Type Name:
State of North Carolina County of
Signed and sworn to (or affirmed) before me, this the
day of 20_.
My Commission Expires:
Notary Public
D
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SECTION 00414
PROPOSED LIST OF SUBCONTRACTORS
PART1 GENERAL
1.1 SCOPE
A. The Contractor, shall attach the Proposed List of Subcontractors with the Bid Form to
indicate the selected subcontractors for each subcontract greater than $10,000 in
contract value.
PART PRODUCTS
not used
PART 3 EXECUTION
not used
END OF SECTION
3097-F: 06/10/15 00414-1 Proposed List of Subcontractors

Old Salisbury Road Sewer
Davidson County, NC
Proposed List of Subcontractors
Name
Respectfully submitted:
(Type or Print Name)
(Signature)
(Title)
License Number:
Date:
(SEAL - if bid is by a Corporation)
3097-F: 06/10/15 00414-2 Proposed List of Subcontractors

Notice of Award 1-1
Bidder.
Biddees Address: (seM Gentled Mail, Retum Receipt Requested)
Durham, NC 27707
You are notified that your Bid dated June 11, 2015 for the above Contract has been considered. You
are the Successful Bidder and are awarded a Contract for the following:
Approximately 3,100 feet of 8 -inch gravity sewer and associated appurtenances.
The Contract Price of your Contract is Two Hundred Twenty Five Thousand Nine Hundred Twenty
Nine and 50/100's Dollars ($225.929.50).
3 copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award.
5 sets of the Drawings will be delivered separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within 10 days of the date you receive this
Notice of Award.
1. Deliver to the Engineer 3 fully executed counterparts of the Contract Documents.
2. Deliver with the executed Contract Documents the Contract Bonds as specified in the Instructions to
Bidders, General Conditions Paragraph 5.01, and Supplementary Conditions Paragraph SC -5.01.
Failure to comply with these conditions within the time specified will entitle Owner to consider you in
default, annul this Notice of Award and declare your Bid security forfeited.
Within 10 days after you comply with the above conditions, Owner will return to you one fully executed
counterpart of the Contract Documents.
Acceptance of Notice
Receipt of the above Notice of Award is hereby acknowledged by BBUDC. Inc.
this t day of 2015.
By:_
Print Name: fi Lzd tri e
3"/ r
TITIP'
3097-F : 06/23/15 00510-1 Notice of Award
EJCDC No. C-510 (2007 Edition) Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the
Associated General Contractors of America and the Construction Specifications Institute.

AGREEMENT
THIS AGREEMENT is by and between
Davidson County (Owner) and
BBUDC, Inc. (Contractor).
Owner and Contractor hereby agree as follows:
ARTICLE 1 - WORK
Contractor shall complete all Work as specified or indicated in the Contract Documents. The
Work is generally described as follows:
Old Salisbury Road Sewer
ARTICLE 2 - PROJECT
The Project for which the Work under the Contract Documents may be the whole or only a part
is generally described as follows:
Installation of approximately 3,100 linear feet of 8 -inch sanitary sewer and associated
appurtenances.
ARTICLE 3- ENGINEER
The Project has been designed by The Wooten Company, 350 North Cox Street Suite 26,
Asheboro, North Carolina 27203, (Engineer) which 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 4 - CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and
readiness for final payment as stated in the Contract Documents are of the
essence of the Contract.
4.02 Days to Achieve Completion and Final Payment
A. The Work will be substantially completed within 45 days after the date when the
Contract Times commence to run as provided in Paragraph 2.03 of the General
Conditions, and completed and ready for final payment in accordance with
Paragraph 14.07 of the General Conditions within 75 days after the date when the
Contract Times commence to run.
4.03 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence as stated in this
Agreement and that Owner will suffer financial loss if the Work is not completed
within the times specified in paragraph 4.02 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. The parties also
recognize the delays, expense, and difficulties involved in proving in a legal or
arbitration proceeding the actual loss suffered by Owner if the Work is not
completed on time. Accordingly, instead of requiring any such proof, Owner and
3097-F: 06/23/15 00520-1 Agreement
Document in accordance with EJCDC No. C-520 (2007)

Contractor agree that as liquidated damages for delay (but not as a penalty),
Contractor shall pay Owner 750 for each day that expires after the time specified
in paragraph 4.02 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 Contract Time or any proper extension
thereof granted by Owner, Contractor shall pay Owner $750 for each day that
expires after the time specified in Paragraph 4.02 above for completion and
readiness for final payment until the Work is completed and ready for final
payment.
ARTICLE 5 - 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 the following paragraphs:
A. 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 the Bid Form.
Total of all Unit Prices:
Two Hundred Twenty Five Thousand Nine Hundred Twenty Nine and 50/100's Dollars
($225.929.50)
As provided in paragraph 11.03 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 9.07 of the General Conditions. Unit prices have been
computed as provided in paragraph 11.03 of the General Conditions.
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 14 of
the General Conditions. Engineer will process Applications for Payment as
provided in the General Conditions.
6.02 Progress Payments; Retainage
A. Owner shall make progress payments on account of the Contract Price on the
basis of Contractor's Applications for Payment as recommended by Engineer, on
or about the 25th day of each month during performance of the Work as
provided in paragraphs 6.02.A.1 below. All such payments will be measured by
the schedule of values established in paragraph 2.07.A 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:
1. Prior to Substantial Completion, progress payments will be made in an
amount equal to the percentage as indicated below but, in each case, less
the aggregate of payments previously made and less such amounts as
Engineer may determine, or Owner may withhold, in accordance with
paragraph 14.02 of the General Conditions.
3097-F : 06/23/15 00520-2 Agreement
Document in accordance with EJCDC No. C-520 (2007)

a. 95 % of Work completed (with the balance being retainage). If Work
has been 50% completed as determined by Engineer, if the Contractor
has provided a written request to reduce the retainage along with a
consent of its surety to the 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 subsequently
completed so that the retainage at the end of the project will be equal to
2.5%; and
a. 95 % of Work completed (with the balance being retainage); and
b. 95 % of cost of materials and equipment not incorporated in the Work
(with the balance being retainage).
Upon Substantial Completion, Owner shall pay an amount sufficient to
increase total payments to the Contractor to 100 percent of the Work
completed, less such amounts as Engineer shall determine in accordance
with Paragraph 14.02.6.5 of the General Conditions and less 200 percent of
Engineer's estimate of the value of Work to be completed or corrected as
shown on the tentative list of items to be completed or corrected attached to
the certificate of Substantial Completion.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with paragraph
14.07 of the General Conditions, Owner shall pay the remainder of the Contract
Price as recommended by Engineer as provided in said DaraaraDh 14.07.
ARTICLE 7 - INTEREST
All moneys not paid when due as provided in Article 14 of the General Conditions shall bear
interest at the maximum rate 8 percent per annum in accordance with North Carolina General
Statute 24-1.
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce Owner to enter into Agreement, Contractor makes the following
representations:
A. Contractor has examined and carefully studied the Contract Documents and other
related data identified in the Bidding Documents.
B. 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, and performance
of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state and local Laws
and Regulations that may affect cost, progress, and performance of the Work.
D. Contractor has carefully studied all: (1) reports of explorations and tests of
subsurface conditions at or contiguous to the Site and all drawings of physical
conditions relating to existing surface or subsurface structures at the Site (except
Underground Facilities), if any, that have been identified in Paragraph SC -4.02 of
the Supplementary Conditions as containing reliable "technical data," and (2)
3097-F : 06/23/15 00520-3 Agreement
Document in accordance with EJCDC No. C-520 (2007)

reports and drawings of Hazardous Environmental Conditions, if any, at the Site
that have been identified in Paragraph SC -4.06 of the Supplementary Conditions
as containing reliable "technical data."
E. Contractor has considered the information known to Contractor; information
commonly known to contractors doing business in the locality of the Site;
information and observations obtained from visits to the Site; the Contract
Documents; and the Site -related reports and drawings identified in the Contract
Documents, with respect to the effect of such information, observations, and
documents on (1) the cost, progress, and performance of the Work; (2)the
means, methods, techniques, sequences, and procedures of construction to be
employed by Contractor, including any specific means, methods, techniques,
sequences, and procedures of construction expressly required by the Contract
Documents; and (3) Contractor's safety precautions and programs.
F. Based on the information and observations referred to in Paragraph 8.01.E
above, Contractor does not consider that further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of the
Work at the Contract Price, within the Contract Times, and in accordance with the
other terms and conditions of the Contract Documents.
G. Contractor is aware of the general nature of work to be performed by Owner and
others at the site that relates to the Work as indicated in the Contract Documents.
H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities or
discrepancies that Contractor has discovered in the Contract Documents and the
written resolution thereof by Engineer is acceptable to Contractor.
I. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the
Work.
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
Addenda 00490 as follows.
a. Addendum No. 1, dated 6/4/15, (page 00490- -1)
b. Addendum No. 2, dated 6/15/15, (page 00490-2-1 with attachments)
2. This Agreement (pages 00520-1 to 00520-7)
3. Performance Bond (pages 00610-1 to 00610-2)
4. Payment Bond (pages 00615-1 to 00615-2)
5. Certificate of Insurance (page 00620-1)
6. General Conditions (pages 00700-1 to 00700-62)
Supplementary Conditions (pages 00800-1 to 00800-10)
8. Specifications as listed in the table of contents (pages 00010-1 to 00010-2)
of the Project Manual.
3097-F: 06/23/15 00520-4 Agreement
Document in accordance with EJCDC No. C-520 (2007)

9. Drawings consisting of sheets numbered 1 through 7 and are not attached to
this Agreement, with each sheet bearing the following general title:
Old Salisbury Road Sewer.
10. Exhibits to this Agreement as follows:
a. Contractor's Bid (pages 00410-1 to 00410-7, inclusive);
b. Notice of Award (pages 00510-1)
c. Documentation submitted by Contractor prior to Notice of Award.
11. The following that may be delivered or issued on or after the Effective Date
of the Agreement and are not attached hereto:
a. Notice to Proceed (pages 00550-1)
b. Work Change Directives;
c. Change Order;
B. The documents listed in paragraph 9.01.A are attached to this Agreement (except
as expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified or supplemented as
provided in paragraphs 3.04 of the General Conditions.
ARTICLE 10 - MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the General
Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract
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.
10.03 Successors and Assigns
A. 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.
10.04 Severability
A. 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
3097-F: 06/23/15 00520-5 Agreement
Document in accordance with EJCDC No. C-520 (2007)

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.
10.05 Contractor Certifications
A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or
coercive practices in competing for or in executing the Contract. For the
purposes of this Paragraph 10.05:
a. "corrupt practice" means the offering, giving, receiving, or soliciting of
any thing of value likely to influence the action of a public official in the
bidding process or in the Contract execution;
b. "fraudulent practice" means an intentional misrepresentation of facts
made (a) to influence the bidding process or the execution of the
Contract to the detriment of Owner, (b) to establish Bid or Contract
prices at artificial non-competitive levels, or (c) to deprive Owner of the
benefits of free and open competition;
C. "collusive practice" means a scheme or arrangement between two or
more Bidders, with or without the knowledge of Owner, a purpose of
which is to establish Bid prices at artificial, non-competitive levels; and
d. "coercive practice' means harming or threatening to harm, directly or
indirectly, persons or their property to influence their participation in the
bidding process or affect the execution of the Contract.
THIS AREA LEFT BLANK INTENTIONALLY
3097-F: 06/23/15 00520-6 Agreement
Document in accordance with EJCDC No. C-520 (2007)

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 or have been identified by Owner and Contractor or
identified by Engineer on their behalf.
This Agreement will be effective on July 17, 2015 (which is the Effective Date of the
Agreement).
OWNER: DAVIDSON COUNTY
Todd Yates
Name
Chairman
Signature
(SEAL)
ATTEST:
Deborah J. _..._
Name
Title
p
Signature
Address for giving notices
Davidson County
PO Box 1067
Lexington NC 27292-1067
CONTRACTOR: BBUDC, INC.
Isaac Woods
Name
CEO
Ttle
Signature
(SEAL)
Print Name
Jitle /
Signature
v
BBUDC. Inc.
PO Box 52522
Durham NC 27717-2552
License No. 75152
If Owner is a public body, attach evidence of authority to sign and resolution or other
documents authorizing execution of Agreement.
If Contractor is a corporation, partnership, or joint venture, attach evidence of authority to sign.
END OF DOCUMENT
3097-F : 06/23/15 00520-7 Agreement
Document in accordance with EJCDC No. C-520 (2007)

Notice to Proceed
Rl
Project::
Old Salisbury Road Sewer
Date:
owner:
owners Contract No.:
Contract:
Engineers Project No.:
3097-F
Contractor:
Contractors Address: (send Certified Mail, Return Receipt Requested)
NC
You are notified that the Contract Times under the above contract will commence to run on . On or
before that date, you are to start performing your obligations under the Contract Documents. In accordance
with Article 4 of the Agreement, the number of days to achieve Substantial Completion is _, and the
number of days to achieve readiness for final payment — The date of completion of all work is therefore
Before you may start any Work at the Site, Paragraph 2.01.6 of the General Conditions provides that you
must deliver to the Owner (with copies to Engineer and other identified additional insureds) certificates of
insurance which you are required to purchase and maintain in accordance with the Contract Documents.
Also, before you may start any Work at the Site, you must:
Given by:
Authorized Signature
Date
Copy to Engineer
Acceptance of Notice
Receipt of the Notice of Proceed is hereby acknowledged by
this the
By:_
day of 20_
3097-F : 04/20/15 00550-1 Notice to Proceed
EJCDC No. C-510 (2007 Edition) Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the
Associated General Contractors of America and the Construction Specifications Institute.

EJCDC
ENGINEERS JOINT CONTRACT
DOCUMENTS COMMITTEE
CONTRACTOR (name and address):
BBUDC, Inc.
PO Box 52552
Durham NC 27717
OWNER (name and address):
Davidson County
P.O. Box 1067
913 Greensboro Street
Lexington, N.C. 27293
CONSTRUCTION CONTRACT
I Q 04 63 211 i
SURETY (name and address ofprincipal place of business):
The Ohio Casualty Insurance Company
62 Maple Avenue
Keene, NH 03431
Effective Date of the Agreement: July 17, 2015
Amount: $225,929.50 Two Hundred Twenty Five Nine Hundred Twenty Nine and 50/100's dollars
Description (name and location): Old Salisbury Road Sewer, Lexington NC
BOND
Bond Number: 070002958 Premium $6,778.00
Date (not earlier than the Effective Date of the Agreement of the Construction Contract): July 17, 2015
Amount: $225,929.50 Two Hundred Twenty Five Nine Hundred Twenty Nine and 50/100's dollars
Modifications to this Bond Form: ❑x None ❑ See Paragraph 16
Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause.:
this Performance Bond to be duly executed by an authorized officer, agent, or representative.t'
CONTRACTOR AS PRINCIPAL SURETY
BBUDC, Inc. (seal)
Contractor's, Name and Corporate Seal
Sig�araie=-� __
Print Name -
Title �2x &
Signature U
Title
The Ohio Casualty Insurance Company (seal)
Surety's Name andel Corporate Seal
Signature (attach power ofatiorney)
David K. Mahler
Print Name
Attorn -i -Fact
Title
Attest: L4&4�k�
Signature
Anita McKague Attestee
Title
Notes. (1) Aovide supplemental execution by any additional patties, such as joint venturers. (2) Any singular reference to
Contractor, Surety, Owner, or other party shall be considered plural where applicable.
3097-F: 04/20/15 00610-1 Performance Bond
EJCDC No. C-610 (2010 Edition)

1. The Contractor and Surety, jointly and severally, bind
themselves, their heirs, executors, administrators, successors, and
assigns to the Owner for the performance of the Construction Contract,
wbich is incorporated herein by reference.
2. If the Contractor performs the Construction Contract, the Surety
and the Contractor shall have no obligation under this Bond, except
when applicable to participate in a conference as provided in
Paragraph 3.
3. If there is no Owner Default under the Construction Contract, the
Surety's obligation under this Bond shall arise after:
3.1 The Owner first provides notice to the Contractor and
the Surety that the Owner is considering declaring a Contractor
Default. Such notice shall indicate whether the Owner is
requesting a conference among the Owner, Contractor, and Surety
to discuss the Contractor's performance. If the Owner does not
request a conference, the Surety may, within five (5) business
days after receipt of the Owner's notice, request such a
conference. If the Surety timely requests a conference, the Owner
shall attend. Unless the Owner agrees otherwise, any conference
requested under this Paragraph 3.1 shall be held within ten (10)
business days of the Surety's receipt of the Owner's notice. If the
Owner, the Contractor, and the Surety agree, the Contractor shall
be allowed a reasonable time to perform the Construction
Contract, but such an agreement shall not waive the Owner's
right, if any, subsequently to declare a Contractor Default;
3.2 The Owner declares a Contractor Default, terminates
the Construction Contract and notifies the Surety; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price in accordance with the terms of the Construction
Contract to the Surety or to a contractor selected to perform the
Construction Contract.
4. Failure on the part of the Owner to comply with the notice
requirement in Paragraph 3.1 shall not constitute a failure to comply
with a condition precedent to the Surety's obligations, or release the
Surety from its obligations, except to the extent the Surety
demonstrates actual prejudice.
5. When the Owner has satisfied the conditions of Paragraph 3, the
Surety shall promptly and at the Surety's expense take one of the
following actions:
5.1 Arrange for the Contractor, with the consent of the
Owner, to perform and complete the Construction Contract;
5.2 Undertake to perform and complete the Construction
Contract itself, through its agents or independent contractors;
5.3 Obtain bids or negotiated proposals from qualified
contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract,
arrange for a contract to be prepared for execution by the Owner
and a contractor selected with the Owners concurrence, to be
secured with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the amount of
damages as described in Paragraph 7 in excess of the Balance of
the Contract Price incurred by the Owner as a result of the
Contractor Default; or
5.4 Waive its right to perform and complete, arrange for
completion, or obtain a new contractor, and with reasonable
promptness under the circumstances:
5.4.1 After investigation, determine the amount for
which it may be liable to the Owner and, as soon as
practicable after the amount is determined, make payment to
the Owner, or
5.4.2 Deny liability in whole or in part and notify the
Owner, citing the reasons for denial.
6. If the Surety does not proceed as provided in Paragraph 5 with
reasonable promptness, the Surety shall be deemed to be in default on
this Bond seven days after receipt of an additional written notice from
the Owner to the Surety demanding that the Surety perform its
obligations under this Bond, and the Owner shall be entitled to enforce
any remedy available to the Owner. If the Surety proceeds as provided
in Paragraph 5.4, and the Owner refuses the payment or the Surety has
denied liability, in whole or in part, without further notice the Owner
shall be entitled to enforce any remedy available to the Owner.
7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then
the responsibilities of the Surety to the Owner shall not be greater than
those of the Contractor under the Construction Contract, and the
responsibilities of the Owner to the Surety shall not be greater than
those of the Owner under the Construction Connect. Subject to the
commitment by the Owner to pay the Balance of the Contract Price,
the Surety is obligated, without duplication for:
7.1 the responsibilities of the Contractor for correction of
defective work and completion of the Construction Contract;
7.2 additional legal, design professional, and delay costs
resulting from the Contractor's Default, and resulting from the
actions or failure to act of the Surety under Paragraph 5; and
7.3 liquidated damages, or if no liquidated damages are
specified in the Construction Contract, actual damages caused by
delayed performance or non-performance of the Contractor.
8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the
Surety's liability is limited to the amount of this Bond.
9. The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Construction
Contract, and the Balance of the Contract Price shall not be reduced or
set off on account of any such unrelated obligations. No right of
action shall accrue on this Bond to any person or entity other than the
Owner or its heirs, executors, administrators, successors, and assigns.
10. The Surety hereby waives notice of any change, including
changes of time, to the Construction Contract or to related
subcontracts, purchase orders, and other obligations.
11. Any proceeding, legal or equitable, under this Bond may be
instituted in any court of competent jurisdiction in the location in
which the work or part of the work is located and shall be instituted
within two years after a declaration of Contractor Default or within
two years after the Contractor ceased working or within two years
3097-F: 04/20/15 00610-2 Performance Bond
EJCDC No. C-610 (2010 Edition)

after the Surety refuses or fails to perform its obligations under this
Bond, whichever occur: first. If the provisions of this paragraph are
void or prohibited by law, the minimum periods of limitations
available to sureties as a defense in the jurisdiction of the suit shall be
applicable.
12. Notice to the Surety, the Owner, or the Contractor shall be mailed
or delivered to the address shown on the page on which their signature
appears.
13. When this Bond has been famished to comply with a statutory or
other legal requirement in the location where the construction was to
be performed, any provision in this Bond conflicting with said
statutory or legal requirement shall be deemed deleted herefrom and
provisions conforming to such statutory or other legal requirement
shall be deemed incorporated herein. When so furnished, the intent is
that this Bond shall be construed as a statutory bond and not as a
common law bond.
14. Definitions
14.1 Balance of the Contract Price: The total amount payable
by the Owner to the Contractor under the Construction Contract
after all proper adjustments have been made including allowance
for the Contractor for any amounts received or to be received by
the Owner in settlement of insurance or other claims for damages
to which the Contractor is entitled, reduced by all valid and
proper payments made to or on behalf of the Contractor under the
Construction Contract
3097-F: 04/20/15 00610-3
EJCDC No. C-610 (2010 Edition)
14.2 Construction Contract The agreement between the
Owner and Contractor identified on the cover page, including all
Contract Documents and changes made to the agreement and the
Contract Documents,
14.3 Contractor Default: Failure of the Contractor, which has
not been remedied or waived, to perform or otherwise to comply
with a material term of the Construction Contract,
14.4 Owner Default: Failure of the Owner, which has not
been remedied or waived, to pay the Contractor as required under
the Construction Contract or to perform and complete or comply
with the other material terms of the Construction Contract.
14.5 Contract Documents: All the documents that comprise
the agreement between the Owner and Contractor.
15. If this Bond is issued for an agreement between a contractor and
subcontractor, the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
16. Modifications to this Bond are as follows:
Performance Bond

EJCDC
ENGINEER$ JOINT CONTRACT
DOCUMEA=S COMMITTEE
CONTRACTOR (name and address):
BBUDC, Inc.
PO Box 52552
Durham NC 27717
OWNER (name and address):
Davidson County
P.O. Box 1067
913 Greensboro Street
Lexington, N.C. 27293
CONSTRUCTION CONTRACT
PAYMENT BOND
SURETY (name and address of principal place ofbusiness):
The Ohio Casualty Insurance Company
62 Maple Avenue
Keene, NH 03431
Effective Date of the Agreement: July 17, 2015
Amount: $225,929.50 Two Hundred Twenty Five Nine Hundred Twenty Nine and 50/100's dollars
Description (name and location): Old Salisbury Road Sewer, Lexington NC
BOND
Bond Number: 070002958 Premium: Included
Date (not earlier than the Effective Date of the Agreement of the Construction Contract): July 17, 2015
Amount: $225,929.50 Two Hundred Twenty Five Nine Hundred Twenty Nine and 50/100's dollars
Modifications to this Bond Form: © None ❑ See Paragraph 18
Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause
this Payment Bond to be duly executed by an authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL
BBUDC Inev (seal)
ContniFwes Name and Corporate Seal
w+
Signature
Print Name
ED
Title
Attest: 0
Signature
Title
SURETY
The Ohio Casualty Insurance Company ' (seal)
Surety's Name and Corporate Seal
BY:
Signature (attach power ofattorney)
David K Mahler
Print Name
IM
Attest: i[ f LL
Signature Anita McKague
Attestee
Title
Notes. (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference
to Contractor, Surety, Owner, or other parry shall be considered plural where applicable.
3097-F: 05/18/15 00615-1 Payment Bond
EJCDC No. C-615 (2010 Edition)

I . The Contractor and Surety, jointly and severally, bind
themselves, their heirs, executors, administrators,
successors, and assigns to the Owner to pay for labor,
'—' materials, and equipment furnished for use in the
performance of the Construction Contract, which is
incorporated herein by reference, subject to the following
terms.
2. If the Contractor promptly makes payment of all sums due
to Claimants, and defends, indemnifies, and holds harmless
the Owner from claims, demands, liens, or suits by any
person or entity seeking payment for labor, materials,or
equipment furnished for use in the performance of the
Construction Contract, then the Surety and the Contractor
shall have no obligation under this Bond.
3. If there is no Owner Default under the Construction
Contract, the Surety's obligation to the Owner under this
Bond shall arise after the Owner has promptly notified the
Contractor and the Surety (at the address described in
Paragraph 13) of claims, demands, liens, or suits against the
Owner or the Owner's property by any person or entity
seeking payment for labor, materials, or equipment
furnished for use in the performance of the Construction
Contract, and tendered defense of such claims, demands,
liens, or suits to the Contractor and the Surety.
4. When the Owner has satisfied the conditions in Paragraph
3, the Surety shall promptly and at the Surety's expense
defend, indemnify, and hold harmless the Owner against a
duly tendered claim, demand, lien, or suit.
5. The Surety's obligations to a Claimant under this Bond
shall arise after the following:
5.1 Claimants who do not have a direct contract with
the Contractor,
5.1.1 have furnished a written notice of non-
payment to the Contractor, stating with
substantial accuracy the amount claimed
and the name of the party to whom the
materials were, or equipment was,
furnished or supplied or for whom the
labor was done or performed, within ninety
(90) days after having last performed labor
or last famished materials or equipment
included in the Claim; and
5.1.2 have sent a Claim to the Surety (at the
address described in Paragraph 13).
5.2 Claimants who are employed by or have a direct
contract with the Contractor have sent a Claim to
the Surety (at the address described in Paragraph
13).
7. When a Claimant has satisfied the conditions of Paragraph
5.1 or 5.2, whichever is applicable, the Surety shall
promptly and at the Surety's expense take the following
actions:
7.1 Send an answer to the Claimant, with a copy to the
Owner, within sixty (60) days after receipt of the
Claim, stating the amounts that are undisputed and
the basis for challenging any amounts that are
disputed; and
7.2 Pay or arrange for payment of any undisputed
amounts.
7.3 The Surety's failure to discharge its obligations
under Paragraph 7.1 or 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or
Contractor may have or acquire as to a Claim,
except as to undisputed amounts for which the
Surety and Claimant have reached agreement. If,
however, the Surety fails to discharge its
obligations under Paragraph 7.1 or 7.2, the Surety
shall indemnify the Claimant for the reasonable
attorney's fees the Claimant incurs thereafter to
recover any sums found to be due and owing to the
Claimant.
8. The Surety's total obligation shall not exceed the amount of
this Bond, plus the amount of reasonable attorney's fees
provided under Paragraph 7.3, and the amount of this Bond
shall be credited for any payments made in good faith by
the Surety.
9. Amounts owed by the Owner to the Contractor under the
Construction Contract shall be used for the performance of
the Construction Contract and to satisfy claims, if any,
under any construction performance bond. By the
Contractor furnishing and the Owner accepting this Bond,
they agree that all funds earned by the Contractor in the
performance of the Construction Contract are dedicated to
satisfy obligations of the Contractor and Surety under this
Bond, subject to the Owner's priority to use the funds for
the completion of the work.
10. The Surety shall not be liable to the Owner, Claimants, or
others for obligations of the Contractor that are unrelated to
the Construction Contract. The Owner shall not he liable
for the payment of any costs or expenses of any Claimant
under this Bond, and shall have under this Bond no
obligation to make payments to or give notice on behalf of
Claimants, or otherwise have any obligations to Claimants
under this Bond.
11. The Surety hereby waives notice of any change, including
changes of time, to the Construction Contract or to related
subcontracts, purchase orders, and other obligations.
12. No suit or action shall be commenced by a Claimant under
6. If a notice of non-payment required by Paragraph 5.1.1 is this Bond other than in a court of competent jurisdiction in
given by the Owner to the Contractor, that is sufficient to the state in which the project that is the subject of the
satisfy a Claimant's obligation to furnish a written notice of Construction Contract is located or after the expiration of
non-payment under Paragraph 5.1.1, one year from the date (1) on which the Claimant sent a
Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or
3097-F: 05/18/15 00615-2 Payment Bond
EJCDC No. C-615 (2010 Edition)

(2) on which the last labor or service was performed by
anyone or the last materials or equipment were furnished
by anyone under the Construction Contract, wbichever of
(1) or (2) first occurs. If the provisions of this paragraph
are void or prohibited by law, the minimum period of
limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
13. Notice and Claims to the Surety, the Owner, or the
Contractor shall he mailed or delivered to the address
shown on the page on which their signature appears.
Actual receipt of notice or Claims, however accomplished,
shall be sufficient compliance as of the date received.
14. When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement
shall be deemed incorporated herein. When so furnished,
the intent is that this Bond shall be construed as a statutory
bond and not as a common law bond.
15. Upon requests by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor and
Owner shall promptly fumish a copy of this Bond or shall
permit a copy to be made.
16. Definitions
16.1 Claim: A written statement by the Claimant
including at a minimum:
'�--- 1.
The name of the Claimant,
2.
The name of the person for whom the labor
was done, or materials or equipment furnished;
3.
A copy of the agreement or purchase order
pursuant to which labor, materials, or
equipment was furnished for use in the
performance of the Construction Contract;
4.
A brief description of the labor, materials, or
equipment famished;
5.
The dam on which the Claimant last performed
labor or last furnished materials or equipment
for use in the performance of the Construction
Contract;
6.
The total amount earned by the Claimant for
labor, materials, or equipment furnished as of
the dam of the Claim;
7.
The total amount of previous payments
received by the Claimant; and
8.
The total amount due and unpaid to the
Claimant for labor, materials, or equipment
furnished as of the date of the Claim
16.2 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor
of the Contractor to furnish labor, materials, or
equipment for use in the performance of the
Construction Contract. The term Claimant also
includes any individual or entity that has rightfully
asserted a claim under an applicable mechanic's
lien or similar statute against the real property upon
which the Project is located. The intent of this Bond
shall be to include without limitation in the terms of
"labor, materials, or equipment" that part of the
water, gas, power, light, heat,oil, gasoline,
telephone service, or rental equipment used in the
Construction Contract, architectural and
engineering services required for performance of
the work of the Contractor and the Contractor's
subcontractors, and all other items for which a
mechanic's lien may be asserted in, the jurisdiction
where the labor, materials, or equipment were
furnished.
16.3 Construction Contract: The agreement between
the Owner and Contractor identified on the cover
page, including all Contract Documents and all
changes made to the agreement and the Contract
Documents.
16.4 Owner Default: Failure of the Owner, which has
not been remedied or waived, to pay the Contractor
as required under the Construction Contract or to
perform and complete or comply with the other
material terms of the Construction Contract.
16.5 Contract Documents: All the documents that
comprise the agreement between the Owner and
Contractor.
17. If this Bond is issued for an agreement between a
contractor and subcontractor, the term Contractor in this
Bond shall be deemed to he Subcontractor and the term
Owner shall be deemed to be Contractor.
18. Modifications to this Bond are as follows:
3097-F : 05/18/15 00615-3 Payment Bond
EJCDC No. C-615 (2010 Edition)

THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND.
This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated.
Certificate No. 7010509
American Fire and Casually Company Liberty Mutual Insurance Company
The Ohio Casualty Insurance Company West American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmerican Fire8 Casually Company and The Ohio Casualty Insurance Company are corporations duty organized under the laws of
the State of New Hampshire, that liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company
is a corporation duty organized under the laws of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute
and appoint, David F. Druml; David K. Mahler
all of the city of Foster City , stale of CA each individually if there be more than one named, its true and lawful atomey-in-fact to make, execute, seal, acknowledge
and deliver, for and on is behalf as surety and as its ad and deed, any and all undertakings, bonds, mcognizances and other surety obligations, in pursuance of these presents and shall
be as binding upon the Corrpranies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 9th day of June 2015
American Fire and Casualty Company
The Ohio Casualty Insurance Company
Liberty Mutual Insurance Company
WiestAmerican Insurance Company0(300
By: 4Z,
STATE OF PENNSYLVANIA as David M. Cee , Assistant Secretary
COUNTY OF MONTGOMERY
On this 91h day of dune a 2015 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and
Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Colrgtany, and that he, as such, being authorized so to do,
execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first
-above
®written.
8P PAa7. COMMONWEALTH OF PENNSYLVANIA
�Q��aoaw�tF!! Novaial3eai
Teresa Pastelle, Nmery Pu61ie By;
Or Pymoulh Twp., Montgomery County Teresa Pastella, Notary Public
s My Commission Expires March 28, 2017
S W " Me ,, Penmyf a wAveatlmlon of Notaries
nY
This Power ofAttomey is made and executed pursuant to an by authority of the following By-laws and Authorizations ofArredicat Fire and CasuatyCompany, The Ohio Casualty Insurance
Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full face and of act reading as follows:
ARTICLE IV -OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject
to such Imitation as the Chairman or the President may prescribe, shall appoint such atomeys-imiact, as may be necessary to act in behalf of the Corporation to make, execute, seal,
acknowledge and deliver as surety any and all undertakings,bonds, recegnizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective
pourers of attorney, shalt have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so
executed, such instmments shall be as binding as if signed by the President and attested to by the Secretary Any power or authority granted to any representative or atomey4ri-fact under
the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,
and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute,
seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizanoes and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their
respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so
executed such instruments shall be as binding as if signed by the president and attested by the secretary.
Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Caney, Assistant Secretary to appoint such attorneys -mi -
fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization - By unanimous current of the Corpanys Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a codified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with
the same force and effect as though manually affixed.
I, Gregory W Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and
West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said
Companies, is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand
PND Cg5U9C T
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of San Mateo
On July 1, 2015 before me, Soy Wong, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared David K. Mahler
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/herAheir authorized capacity(ies), and that by his/herAheir signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
SOY WONG
Commission N 2051554
a X Notary Public - California z
` San Mateo county a
M .comm. Ez fires Dec 12, 2017'
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature
Signature Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
rl Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
- '✓G'.v 'a 'ti4'�G'ei 'd_ _ -dG'y 'v 'a'1/.v✓'"%•.✓G'✓G'✓G\✓ -n�h :G\UG'v 'v 'v6'uN 6h

!1 Erie CERTIFICATE OF INSURANCE0114, DATE ISSUED IMMIDD/YY)
I nsurancee — THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY — 722/15
Home Office • 100 Erie Insurance Place • Erie, Pennsylvania 16530 • 814.870.2000
Toll free 1.600.458.0811 • Fax [phone] • w,ww,erieinsurance.com
NAME AND ADDRESS OFAGENCY MARCUS L DAVIS AGENCY AGENT'S NO.
3901 BARRETT DR STE 312 JJl520
D PR
RALEIGH, NC 27609-6611
Co.: E BE1r %RANO oE>�C iA14GE of p Ica e
orne -In-Fact Y
_GG.:�LAUSHIP CITY INSURANCE COMPANY
This certificate is issued for information purposes only and confers
no rights on the certificate holder, It does not affirmatively or
negatively emend, extend, or otherwise atter the terms, exclusions
and conditions of Insurance coverage contained In the policy(les)
indicated below. The terms and conditions of the policypes) govern
the insurance coverage as applied to any given situation. Limits
shown may have been reduced by claims paid. This certificate of
insurance does not constitute a contract between the Issuing
insurers), authorized representative or producer and the
certificate holder.
[phone]
NAME AND ADDRESS OF NAMED INSURED
BBUDC INC
PO BOX 52552
5223 EPHESUS CHURCH ROAD
DURHAM, NC 27717
This
is to certify that Collcles, as Indicated tY the Policy Number below are
In force for the Named Insured at the
time that the Certificate Is Doing issued.
L n
TYPE OF INSURANCE '
POLICY NUMBER "
7/22/15
LIMITS
E
X
GENERAL LIABILITY
® COMMERCIAL GENERAL LIABILITY
❑ CLAIMS MADE X OCCUF
❑
Q312221259
7/22/16
EACH OCCURRENCE. 1000000
.
`
FIRE DAMAGE Play One Fie
MED EXP Om Prion 5,000
PERSONAL&ADV. INJURY 1,000,000
❑
GENS14LAGGREGATE 2,000,000
GENTAGGREGATE UMITAPPUES PER:
X POLICY ❑ FROM ❑ LOC
PRODUCTS-COMP/OPAGG 2,000,000
E
®
AUTOMOBILE LIABILITY
❑ "ANYAUT ' %1NED HIBEID,
u FA
Q07 2230797
7/22/15
7/22/16
'. BOBILYmJURY
ODAYINAIRMR PERSON $
® OWNED
ED HIRED
® NON -OWNED
❑ GARAGE
BODILY IRY $
(EMAOCIDEPROPERTYOAMAGE
BODILYINJURYANO '.
PROPERTYDAMAGE $ 1,000,000
COMBINED'
E
❑
EXCESS LIABILITY
® OCWRHENCE
Q31 2270228
7/22/15
7/22/16
FACHOOCORRBICE 5,000,000
AGGREGATE 5,000,000
❑ RETENTION $ 0
-..
E
WORKERS COMPENSATION &
EMPLOYERS LIABILITY
Q 91 2200656
7/22/1$
7122116
BODILY
"B.
ACCIDENT $ 500,000 EACH ACCIDENT
DISEASE $ 500,000 POLICY LIMIT
DISEASE $ 500,000 EACH EMPLOYEE
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNENICLFS/EXCIUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Davidson County is to be listed as an additional insured on the General Liability and Commercial Automobile Liability insurance policies.
CANCELLATION: SHOULD ANY Or THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIV-
ERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the
terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer
rights to the certificate holder in lieu of such endorsement(s).
NAME AND ADDRESS OF CERTIFICATE HOLDER
DAVIDSON COUNTY AUTHORIZED REPRESENTATIVE
PO BOX 1067
LEXINGTON, NC 27293
EIG6230 8/11
Page 1 of 1

Erie CERTIFICATE OF INSURANCE
0 1 nsuranc( — THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY —
Home Office • 100 Erie Insurance Place - Erie, Pennsylvania 16530 • 814.870.2000
Toll free 1.800.458.0811 • Fax [phone] • wfiw.erieinsurance.00m
DATE ISSUED (MM/DD/YY
7/22/15
NAME AND ADDRESS OF AGENCY MARCUS L DAVIS AGENCY AGENT'S NO.
AIRF
3901 BARRETT DR STE 312 JJ1520
RALEIGH, NC 27609-6611
E �E EX
Co.: E Ene IIN eUR N Co. Altana Eln-Fact of AdpNY able
I F RK
[phone]
This certHicate is Issued for information purposes only and confers
no rights on the certificate holder. It does not aRl motive] y or
negatively amend, extend, or otherwise eller the terms, exclusions
and conditions of insurance coverage contained in the policy(les)
Indicated below. The terms and conditions of the policy(ies) govern
the insurance coverage as applied to any given situation. Limits
shown may have been reduced by claims paid. This certificate of
insurance does not constitute a contract between the issuing
insurer(s), authorized representative or producer and the
certificate holder.
NAME AND ADDRESS OF NAMED INSURED
BBUDC INC
PO BOX 52552
5223 EPHESUS CHURCH ROAD
DURHAM, NC 27717
This
SM
is
tO Cerli that policies, as indicated
TYPE OF INSURANCE r
by the Policy Number below, are
POLICY NUMBER
in force for the Named
7/22/15
Insured at the
7/22/16
time that the Certificate is bal issued.
LIMITS
E
®
GENERAL LIABILITY
© COMMEACWLGENERALLUIBILITY
❑ CLAIMS MADE ® occ
❑
Q31 2221259
_
EACH OCCURRENT 11000-10-0- 0
FIRE DAMAGE One Brill
MED EXP My Oce Person 5,0100
PERSONAL&ADV INJURY 1,000,000
❑
GENERALAGGREGATE 2,000000
GEN'LAGGREGATE LIMIT APPLIES PER
® POLICY ❑ PRO.ECT ❑ LOC
PRODUCTS-COMP/OPAGG gi 2000000
E
®
AUTOMOBIrLE LIABILITY
❑-ANYAUTO^'NOMI-E HIRE ,
Q07 2230797
7/22/15
7/22/16
BOaLYINJURY
ODILYINJU .. $
© OWNED
❑ HIRED
® NON -OWNED
❑ GARAGE
BODILYA�W JURY :. $
PROPERIYDAMAGE : $
BODILYINJURYAND -
PROPERTYDAMAGE $ 1,000,000
CWME
❑
EXCESS UAB
® OCCURRENCECE
Q312270228
7/22/15
7/22/16
EACH OCCURRENCE S 5,000000
-
` AGGREGATE $ 5,000,000
$
❑ RETENTION $ 0
-STAIMRY
E
WORKERS COMPENSATION 8
EMPLOYERS LIABILITY
Q 91 2200656
7/22/15
7/22/16FOODILY
RY
ACCIDENT S 500,000 EACH ACCIDENT
DISEASE $ 500,000 POLICY Lima
DISEASE $ 500,000 EACH EMPLOYEE
OTHER
DESCRIPTION
OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
The Wooten Company is to be listed as an additional insured on the General Liability and Commercial Automobile Liability insurance
policies.
CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIV-
ERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the
terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer
rights to the certificate holder in lieu of such endorsement(s).
NAME AND ADDRESS OF CERTIFICATE HOLDER
THE WOOTEN COMPANY
350 N COX STREET
ASHEBORO, NC 27203
AUTHORIZED REPRESENTATIVE
Page 1 of 1

John Grey
From: Isaac Woods <woodsprose@gmai l.com>
Sent: Wednesday, July 22, 2015 6:59 PM
To: John Grey
Cc: Randy Freeman; Dwayne Childress ([e-mail])
Subject: Re: DavidsonCounty_COI_BBUDCInc_0001.pdf
Attachments: AI -Davidson County (3).pdf
John,
You are correct, the 50,000 was erroneous omitted on the Erie
Insurance COI, we will have it added.
But it is included on the Per Project (Preferred Contractors
Insurance) which I have attached again.
All policies are effective, and therefore the proper coverage has
been provided as required.
Thanks
On Wed, Jul 22, 2015 at 4:17 PM, John Grey <[e-mail]> wrote:
Isaac,
Looks like they are not showing the $50,000 Fire Damage portion on the current certificate and the $2 mil
Contractual Liability (page 00800-5 of the project manual) is still not included. I have forwarded to the County
for their review, but the way I read the contract those are required. Please check with your insurer to see about
these.
Thanks
John
John Grey, PE
Project Manager Asheboro Branch Manager
The Wooten Company
350 North Cox Street, Suite 26
Asheboro, NC 27203
336.626.5322
Fax [phone]
www.thewootencompany.com
I

-----Original Message -----
From: Isaac[mailto:woodsprose(cr)gmail.com]
Sent: Wednesday, July 22, 2015 3:23 PM
To: Randy Freeman; John Grey; Alese King
Subject: DavidsonCounty COI_BBUDCInc OOOI.pdf
See the attached COI
ISAAC
919 357 3828

AcoRO® CERTIFICATE OF LIABILITY INSURANCE
F DATE(MMMD/YYYY)
TYPE OF INSURANCEADDL
06/15/2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endomement(s).
PRODUCER
CONTACT
NAME:
PER PROJECT INSURANCE AGENCY
HONN [phone] 1 PAC [phone]
09/10/2015
(PA 0. E : No:
3065 ROSECRANS PL STE 208
EMAILDDRESS: m@9q custoerserviceI uote.mm
A
INSURER(S) AFFORDING COVERAGE NAICY
PERSONAL& ADV INJURY $ 1,000,000
INSURERA: Preferred Contractors Insurance Company RRG 12497
SAN DIEGO CA 92110-4822
INSURED
INSURER B :
ISAAC L WOODS
INSURER C:
ISAAC L WOODS
INSURER D:
PO BOX 52552
INSURER E:
DURHAM NC 27717-2552
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTR
TYPE OF INSURANCEADDL
SUBR
POLICY NUMBER
POLICY EFF
MMMD
POLICY EXP
mmmo YYYY
LIMITS
A
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE ® OCCUR
X
PC0006999-00-T1409
09/10/2014
09/10/2015
EACH OCCURRENCE $ 1,000,000
D 50,000
PREMISES
PREMISES Ea occurtence $
MED EXP (Any one person) $ 5,000
I
PERSONAL& ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY E:]JEo r7 LOC
OTHER:
GENERAL AGGREGATE $ 2,000,000
PRODUCTS-COMP/OP AGG $ 2,000,000
$
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
NON-0WNED
HIRED AUTOS AUTOS
COMBINED SINGLE LIMIT—
Me
Ea accident
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $
Per accident
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLA, MADE
EACH OCCURRENCE $
AGGREGATE $
DED RETENTION$
$
WORKERS COMPENSATION
AND EMPLOYERS'LIABILITY Y/N
ANY PROPRIETORIPARTNEREXECUIVE ❑N/A
OFFICERIMEMBER EXCLUDED?
(Mandatory in NH)
Ryes, describe ander
DESCRIPTION OF OPERATIONS bek
PEROTH-
STATUTE ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYE $
E.L. DISEASE -POLICY LIMIT $
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, AddiOonal Remarks Schedule, may be attached N mora space Is required)
Davidson County and BBUDC Inc are named as a Additional Insured on this policy.
Davidson County
925 North Main St.
Lexington, NC 27293
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
Im
reserved,

EXHIBIT GC -A
CERTIFICATE OF OWNER'S ATTORNEY
I, the undersigned, Charles E. Frye, III, the duly authorized and acting legal representative of
Davidson County do hereby certify as follows:
I have examined the attached Contract(s) and Performance and Payment Bonds and the
manner of execution thereof, and I am of the opinion that each of the aforesaid agreements is
adequate and has been duly executed by the proper parties thereto acting through their duly
authorized representatives; that said representatives have full power and authority to execute
said agreements on behalf of the respective parties named thereon; and that the foregoing
agreements constitute valid and legally binding obligations upon the parties executing the same
in accordance with terms, conditions, and provisions thereof.
Date
PRE -AUDIT STATEMENT
This instrument has been pre -audited in the manner required by the Local Government Budget
and Fiscal Control Act.
Davidson County
Date: 7143 /d o fS
By: �d • k4
Jane S. Kiker
Title: Finance Director
3097-F : 07/14/15 00634-1 Owner's Certification

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.
STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly by
--_ u
ACEC ®°_
AMGIUM1 COONLIL OP EVpNVA1NG COMPAN16i �
SCEAmerican Society
of Cita) Engineers
National Society of
Professional Engineers
Professional Eaphmersin Private Practice
AMERICAN COUNCIL OF ENGINEERING COMPANIES
ASSOCIATED GENERAL CONTRACTORS OF AMERICA
AMERICAN SOCIETY OF CIVIL ENGINEERS
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
A Practice Division ojthe
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
Endorsed by
IV
CONSTRUCTION SPECIFICATIONS INSTITUTE
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

These General Conditions have been prepared for use with the Suggested Forms of Agreement Between
Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a
change in one may necessitate a change in the other. Comments concerning their usage are contained in the
Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in
the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions
(EJCDC C-800, 2007 Edition).
Copyright C 2007 National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314-2794
[phone]
www.nspe.org
American Council of Engineering Companies
1015 15th Street N.W., Washington, DC 20005
[phone]
www.acec.ore
American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400
[phone]
www.asce.ore
Associated General Contractors of America
2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308
[phone]
www.agc.org
The copyright for this EJCDC document is owned jointly by the four
EJCDC sponsoring organizations and held in trust for their benefit by NSPE.
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright 0 2007 National Society of Professional Engineers for EJCDC. AH rights reserved.

STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Page
Article I — Definitions and Terminology........................................................................................................... l
1.01 Defined Terms...............................................................................................................................1
1.02 Terminology..................................................................................................................................5
Article 2 — Preliminary Matters.........................................................................................................................6
2.01 Delivery of Bonds and Evidence of Insurance .............................................................................6
2.02 Copies of Documents....................................................................................................................6
2.03 Commencement of Contract Times; Notice to Proceed...............................................................6
2.04 Starting the Work..........................................................................................................................7
2.05 Before Starting Construction........................................................................................................7
2.06 Preconstruction Conference; Designation of Authorized Representatives..................................7
2.07 Initial Acceptance of Schedules....................................................................................................7
Article 3 — Contract Documents: Intent, Amending, Reuse.............................................................................8
3.01
Intent..............................................................................................................................................
8
3.02
Reference Standards......................................................................................................................8
3.03
Reporting and Resolving Discrepancies.......................................................................................9
3.04
Amending and Supplementing Contract Documents...................................................................9
3.05
Reuse of Documents...................................................................................................................10
3.06
Electronic Data............................................................................................................................10
Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental
Conditions; Reference Points...........................................................................................................11
4.01 Availability of Lands................................................................................................................... 11
4.02 Subsurface and Physical Conditions...........................................................................................11
4.03 Differing Subsurface or Physical Conditions.............................................................................12
4.04 Underground Facilities................................................................................................................13
4.05 Reference Points..........................................................................................................................14
4.06 Hazardous Environmental Condition at Site..............................................................................14
Article 5 — Bonds and Insurance ......................................................................................................................16
5.01
Performance, Payment, and Other Bonds...................................................................................16
5.02
Licensed Sureties and Insurers....................................................................................................16
5.03
Certificates of Insurance..............................................................................................................17
5.04
Contractor's Insurance................................................................................................................17
5.05
Owner's Liability Insurance........................................................................................................19
5.06
Property Insurance.......................................................................................................................19
5.07
Waiver of Rights.........................................................................................................................20
5.08
Receipt and Application of Insurance Proceeds.........................................................................21
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright ® 2007 National Society of Professional Engineers for EJCDC. An rights reserved

5.09 Acceptance of Bonds and Insurance; Option to Replace...........................................................21
5.10 Partial Utilization, Acknowledgment of Property Insurer..........................................................22
Article 6 - Contractor's Responsibilities.........................................................................................................22
6.01
Supervision and Superintendence ...............................................................................................22
6.02
Labor; Working Hours................................................................................................................22
6.03
Services, Materials, and Equipment...........................................................................................22
6.04
Progress Schedule.......................................................................................................................23
6.05
Substitutes and "Or-Equals".......................................................................................................23
6.06
Concerning Subcontractors, Suppliers, and Others....................................................................25
36
6.07
Patent Fees and Royalties............................................................................................................27
6.08
Permits.........................................................................................................................................27
6.09
Laws and Regulations.................................................................................................................28
6.10
Taxes............................................................................................................................................28
6.11
Use of Site and Other Areas ........................................................................................................28
6.12
Record Documents......................................................................................................................29
6.13
Safety and Protection...................................................................................................................29
6.14
Safety Representative..................................................................................................................30
6.15
Hazard Communication Programs..............................................................................................30
6.16
Emergencies................................................................................................................................30
6.17
Shop Drawings and Samples......................................................................................................31
6.18
Continuing the Work...................................................................................................................32
6.19
Contractor's General Warranty and Guarantee..........................................................................33
6.20
Indemnification...........................................................................................................................33
6.21
Delegation of Professional Design Services...............................................................................34
Article 7 - Other Work at the Site...................................................................................................................35
7.01 Related Work at Site...................................................................................................................35
7.02 Coordination................................................................................................................................35
7.03 Legal Relationships.....................................................................................................................36
Article 8 - Owner's Responsibilities...............................................................................................................36
8.01
Communications to Contractor...................................................................................................36
8.02
Replacement of Engineer............................................................................................................36
8.03
Furnish Data................................................................................................................................36
8.04
Pay When Due.............................................................................................................................36
8.05
Lands and Easements; Reports and Tests...................................................................................36
8.06
Insurance......................................................................................................................................
36
8.07
Change Orders.............................................................................................................................37
8.08
Inspections, Tests, and Approvals...............................................................................................37
8.09
Limitations on Owner's Responsibilities....................................................................................37
8.10
Undisclosed Hazardous Environmental Condition....................................................................37
8.11
Evidence of Financial Arrangements..........................................................................................37
8.12
Compliance with Safety Program...............................................................................................37
Article 9 - Engineer's Status During Construction.........................................................................................37
9.01 Owner's Representative..............................................................................................................37
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright m 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Pace ii

9.02 Visits to Site................................................................................................................................37
9.03 Project Representative.................................................................................................................38
9.04 Authorized Variations in Work...................................................................................................38
9.05 Rejecting Defective Work...........................................................................................................38
9.06 Shop Drawings, Change Orders and Payments..........................................................................39
9.07 Determinations for Unit Price Work...........................................................................................39
9.08 Decisions on Requirements of Contract Documents and Acceptability of Work .....................39
9.09 Limitations on Engineer's Authority and Responsibilities........................................................39
9.10 Compliance with Safety Program...............................................................................................40
Article 10 - Changes in the Work; Claims......................................................................................................40
10.01 Authorized Changes in the Work................................................................................................40
10.02 Unauthorized Changes in the Work............................................................................................41
10.03 Execution of Change Orders.......................................................................................................41
10.04 Notification to Surety..................................................................................................................41
10.05 Claims..........................................................................................................................................41
Article 11- Cost of the Work; Allowances; Unit Price Work.......................................................................42
11.01 Cost of the Work.........................................................................................................................42
11.02 Allowances..................................................................................................................................45
11.03 Unit Price Work--------------------------------------------------------------------------------------- _ _ 45
Article 12 - Change of Contract Price; Change of Contract Times................................................................46
12.01 Change of Contract Price ............................................................................................................46
12.02 Change of Contract Times..........................................................................................................47
12.03 Delays..........................................................................................................................................47
Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work.......................48
13.01 Notice of Defects.........................................................................................................................48
13.02 Access to Work...........................................................................................................................48
13.03 Tests and Inspections..................................................................................................................49
13.04 Uncovering Work........................................................................................................................49
13.05 Owner May Stop the Work.........................................................................................................50
13.06 Correction or Removal of Defective Work................................................................................50
13.07 Correction Period........................................................................................................................50
13.08 Acceptance of Defective Work...................................................................................................51
13.09 Owner May Correct Defective Work..........................................................................................52
Article 14 - Payments to Contractor and Completion
14.01 Schedule of Values ..................................
14.02 Progress Payments ...................................
14.03 Contractor's Warranty of Title ................
14.04 Substantial Completion ..........................,
14.05 Partial Utilization ...................................,
14.06 Final Inspection .......................................
14.07 Final Payment ..........................................
14.08 Final Completion Delayed ......................
...................................................................... 52
............................:......................................... 52
...................................................................... 52
...................................................................... 55
...................................................................... 55
...................................................................... 56
...................................................................... 57
...................................................................... 57
...................................................................... 58
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

14.09 Waiver of Claims........................................................................................................................58
Article 15 — Suspension of Work and Termination.........................................................................................59
15.01 Owner May Suspend Work.........................................................................................................59
15.02 Owner May Terminate for Cause................................................................................................59
15.03 Owner May Terminate For Convenience ...................................................................................60
15.04 Contractor May Stop Work or Terminate...................................................................................60
Article 16 — Dispute Resolution......................................................................................................................61
16.01 Methods and Procedures.............................................................................................................61
Article17 — Miscellaneous..............................................................................................................................61
17.01 Giving Notice..............................................................................................................................61
17.02 Computation of Times................................................................................................................62
17.03 Cumulative Remedies.................................................................................................................62
17.04 Survival of Obligations...............................................................................................................62
17.05 Controlling Law..........................................................................................................................62
17.06 Headings......................................................................................................................................62
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright ® 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page iv

ARTICLE 1— DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial
capital letters, the terms listed below will 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 prior to the opening of Bids which clarify,
correct, or change the Bidding Requirements or the proposed Contract Documents.
2. Agreement—The written instrument which is evidence of the agreement between Owner and
Contractor covering the Work.
3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor
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.
4. Asbestos—Any material that contains more than one percent asbestos and is friable or is
releasing asbestos fibers into the air above current action levels established by the United
States Occupational Safety and Health Administration.
5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the
prices for the Work to be performed.
6. Bidder—The individual or entity who submits a Bid directly to Owner.
7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents
(including all Addenda).
8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid
security of acceptable form, if any, and the Bid Form with any supplements.
9. Change Order—A document recommended by Engineer which is signed by Contractor and
Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the
Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement.
10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract
Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A
demand for money or services by a third party is not a Claim.
11. Contract—The entire and integrated written agreement between the Owner and Contractor
concerning the Work. The Contract supersedes prior negotiations, representations, or
agreements, whether written or oral.
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12. Contract Documents—Those items so designated in the Agreement. Only printed or hard
copies of the items listed in the Agreement are Contract Documents. Approved Shop
Drawings, other Contractor submittals, and the reports and drawings of subsurface and
physical conditions are not Contract Documents.
13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in
accordance with the Contract Documents as stated in the Agreement (subject to the
provisions of Paragraph 11.03 in the case of Unit Price Work).
14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve
Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it
is ready for final payment as evidenced by Engineer's written recommendation of final
payment.
15. Contractor—The individual or entity with whom Owner has entered into the Agreement.
16. Cost of the Work—See Paragraph 11.01 for definition.
17. Drawings—That part of the Contract Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the Work to be performed by
Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined.
18. Effective Date of the Agreement—The date indicated in the Agreement on which it 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.
19. Engineer—The individual or entity named as such in the Agreement.
20. Field Order—A written order issued by Engineer which requires minor changes in the Work
but which does not involve a change in the Contract Price or the Contract Times.
21. General Requirements—Sections of Division 1 of the Specifications.
22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs,
Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances
that may present a substantial danger to persons or property exposed thereto.
23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section
1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time.
24. Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations,
ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and
courts having jurisdiction.
25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or
personal property.
26. Milestone—A principal event specified in the Contract Documents relating to an intermediate
completion date or time prior to Substantial Completion of all the Work.
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27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon
timely compliance by the Successful Bidder with the conditions precedent listed therein,
Owner will sign and deliver the Agreement.
28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which
the Contract Times will commence to run and on which Contractor shall start to perform the
Work under the Contract Documents.
29. Owner—The individual or entity with whom Contractor has entered into the Agreement and
for whom the Work is to be performed.
30. PCBs—Polychlorinated biphenyls.
31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square
inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and
oil mixed with other non -Hazardous Waste and crude oils.
32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the
sequence and duration of the activities comprising the Contractor's plan to accomplish the
Work within the Contract Times.
33. Project—The total construction of which the Work to be performed under the Contract
Documents may be the whole, or a part.
34. Project Manual—The bound documentary information prepared for bidding and constructing
the Work. A listing of the contents of the Project Manual, which may be bound in one or
more volumes, is contained in the table(s) of contents.
35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the
Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.
36. Resident Project Representative—The authorized representative of Engineer who may be
assigned to the Site or any part thereof.
37. Samples—Physical examples of materials, equipment, or workmanship that are representative
of some portion of the Work and which establish the standards by which such portion of the
Work will be judged.
38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required
submittals and the time requirements to support scheduled performance of related
construction activities.
39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions
of the Contract Price to various portions of the Work and used as the basis for reviewing
Contractor's Applications for Payment.
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright 0 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

40. Shop Drawings All drawings, diagrams, illustrations, schedules, and other data or
information which are specifically prepared or assembled by or for Contractor and submitted
by Contractor to illustrate some portion of the Work.
41. Site—Lands or areas indicated in the Contract Documents as being finnished by Owner upon
which the Work is to be performed, including rights-of-way and easements for access thereto,
and such other lands furnished by Owner which are designated for the use of Contractor.
42. Specifications—That part of the Contract Documents consisting of written requirements for
materials, equipment, systems, standards and workmanship as applied to the Work, and
certain administrative requirements and procedural matters applicable thereto.
43. Subcontractor—An individual or entity having a direct contract with Contractor or with any
other Subcontractor for the performance of a part of the Work at the Site.
44. Substantial Completion—The time at which the Work (or a specified part thereof) has
progressed to the point where, in the opinion of Engineer, the Work (or a specified part
thereof) is sufficiently complete, in accordance with the Contract Documents, so that the
Work (or a 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 Work refer to Substantial Completion thereof.
45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an
award.
46. Supplementary Conditions—That part of the Contract Documents which amends or
supplements these General Conditions.
47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a
direct contract with Contractor or with any Subcontractor to furnish materials or equipment to
be incorporated in the Work by Contractor or Subcontractor.
48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements
containing such facilities, including those that convey electricity, gases, steam, liquid
petroleum products, telephone or other communications, cable television, water, wastewater,
storm water, other liquids or chemicals, or traffic or other control systems.
49. Unit Price Work—Work to be paid for on the basis of unit prices.
50. Work—The entire construction or the various separately identifiable parts thereof required to
be provided under the Contract Documents. Work includes and is the result of performing or
providing all labor, services, and documentation necessary to produce such construction, and
famishing, installing, and incorporating all materials and equipment into such construction,
all as required by the Contract Documents.
51. Work Change Directive—A written statement to Contractor issued on or after the Effective
Date of the Agreement and signed by Owner and recommended by Engineer ordering an
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addition, deletion, or revision in the Work, or responding to differing or unforeseen
subsurface or physical conditions under which the Work is to be performed or to
emergencies. A Work Change Directive will not change the Contract Price or the Contract
Times but is evidence that the parties expect that the change ordered or documented by a
Work Change Directive will be incorporated in a subsequently issued Change Order
following negotiations by the parties as to its effect, if any, on the Contract Price or Contract
Times.
1.02 Terminology
A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in
the Bidding Requirements or Contract Documents, have the indicated meaning.
B. Intent of Certain Terms or Adjectives:
1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as
directed" or terms of like effect or import to authorize an exercise of professional judgment
by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper,"
"satisfactory," or adjectives of like effect or import are used to describe an action or
determination of Engineer as to the Work. It is intended that such exercise of professional
judgment, action, or determination will be solely to evaluate, in general, the Work for
compliance with the information in the Contract Documents and with the design concept of
the Project as a functioning whole as shown or indicated in the Contract Documents (unless
there is a specific statement indicating otherwise). The use of any such term or adjective is
not intended to and shall not be effective to assign to Engineer any duty or authority to
supervise or direct the performance of the Work, or any duty or authority to undertake
responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the
Contract Documents.
C. Day:
1. The word "day" means a calendar day of 24 hours measured from midnight to the next
midnight.
D. Defective:
1. The word "defective," when modifying the word "Work," refers to Work that is
unsatisfactory, faulty, or deficient in that it:
a. does not conform to the Contract Documents; or
b. does not meet the requirements of any applicable inspection, reference standard, test, or
approval referred to in the Contract Documents; or
c. has been damaged prior to Engineer's recommendation of final payment (unless
responsibility for the protection thereof has been assumed by Owner at Substantial
Completion in accordance with Paragraph 14.04 or 14.05).
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E. Furnish, Install, Perform, Provide:
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.
2. 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 complete
and ready for intended use.
3. 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.
4. When "furnish," "install," "perform," or "provide" is not used in connection with services,
materials, or equipment in a context clearly requiring an obligation of Contractor, "provide"
is implied.
F. 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 such recognized meaning.
ARTICLE 2 — PRELIMINARY MATTERS
2.01 Delivery of Bonds and Evidence oflnsurance
A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall
also deliver to Owner such bonds as Contractor may be required to furnish.
B. Evidence oflnsurance: Before any Work at the Site is started, Contractor and Owner shall each
deliver to the other, with copies to each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence of insurance which either of them or any
additional insured may reasonably request) which Contractor and Owner respectively are
required to purchase and maintain in accordance with Article 5.
2.02 Copies of Documents
A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project
Manual. Additional copies will be furnished upon request at the cost of reproduction.
2.03 Commencement of Contract Times; Notice to Proceed
A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the
Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A
Notice to Proceed may be given at any time within 30 days after the Effective Date of the
Agreement. In no event will the Contract Times commence to run later than the sixtieth day after
the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever
date is earlier.
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2.04 Starting the Work
A. Contractor shall start to perform the Work on the date when the Contract Times commence to
run. No Work shall be done at the Site prior to the date on which the Contract Times commence
to run.
2.05 Before Starting Construction
A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless
otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely
review:
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;
2. a preliminary Schedule of Submittals; and
a preliminary Schedule of Values for all of the Work which includes 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.
2.06 Preconstruction Conference; Designation of Authorized Representatives
A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer,
and others as appropriate will be held to establish a working understanding among the parties as
to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling
Shop Drawings and other submittals, processing Applications for Payment, and maintaining
required records.
B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to
act as its authorized representative with respect to the services and responsibilities under the
Contract. Such individuals shall have the authority to transmit instructions, receive information,
render decisions relative to the Contract, and otherwise act on behalf of each respective party.
2.07 Initial Acceptance of Schedules
A. At least 10 days before submission of the fust Application for Payment a conference attended by
Contractor, Engineer, and others as appropriate will be held to review for acceptability to
Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A.
Contractor shall have an additional 10 days to make corrections and adjustments and to complete
and resubmit the schedules. No progress payment shall be made to Contractor until acceptable
schedules are submitted to Engineer.
1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of
the Work to completion within the Contract Times. Such acceptance will not impose on
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Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of
the Work, nor interfere with or relieve Contractor from Contractor's full responsibility
therefor.
2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable
arrangement for reviewing and processing the required submittals.
3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it
provides a reasonable allocation of the Contract Price to component parts of the Work.
ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3.01 Intent
A. The Contract Documents are complementary; what is required by one is as binding as if required
by all.
B. It is the intent of the Contract Documents to describe a functionally complete project (or part
thereof) to be constructed in accordance with the Contract Documents. Any labor,
documentation, services, materials, or equipment that reasonably may be inferred from the
Contract Documents or from prevailing custom or trade usage as being required to produce the
indicated result will be provided whether or not specifically called for, at no additional cost to
Owner.
C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as
provided in Article 9.
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and 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 at the time of opening of Bids (or on the Effective Date of the Agreement if there
were no Bids), except as may be otherwise specifically stated in the Contract Documents.
2. No provision of any such standard, specification, manual, or code, or any instruction of a
Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or
Engineer, or any of their subcontractors, consultants, agents, or employees, from those set
forth in the Contract Documents. No such provision or instruction shall be effective to assign
to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents,
consultants, or subcontractors, any duty or authority to supervise or direct the performance of
the Work or any duty or authority to undertake responsibility inconsistent with the provisions
of the Contract Documents.
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3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:
Contractor's Review of Contract Documents Before Starting Work: Before undertaking each
part of the Work, Contractor shall carefully study and compare the Contract Documents and
check and verify pertinent figures therein and all applicable field measurements. Contractor
shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy
which Contractor discovers, or has actual knowledge of, and shall obtain a written
interpretation or clarification from Engineer before proceeding with any Work affected
thereby.
2. Contractor's Review of Contract Documents During Performance of Work: If, during the
performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy
within the Contract Documents, or between the Contract Documents and (a) any applicable
Law or Regulation, (b) any standard, specification, manual, or code, or (c) any instruction of
any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall
not proceed with the Work affected thereby (except in an emergency as required by Paragraph
6.16.A) until an amendment or supplement to the Contract Documents has been issued by
one of the methods indicated in Paragraph 3.04.
3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error,
ambiguity, or discrepancy in the Contract Documents unless Contractor had actual
knowledge thereof.
B. Resolving Discrepancies:
1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of
the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or
discrepancy between the provisions of the Contract Documents and:
a. the provisions of any standard, specification, manual, or code, or the instruction of any
Supplier (whether or not specifically incorporated by reference in the Contract
Documents); or
b. the provisions of any Laws or Regulations applicable to the performance of the Work
(unless such an interpretation of the provisions of the Contract Documents would result in
violation of such Law or Regulation).
3.04 Amending and Supplementing Contract Documents
A. The Contract Documents may be amended to provide for additions, deletions, and revisions in
the Work or to modify the terns and conditions thereof by either a Change Order or a Work
Change Directive.
B. The requirements of the Contract Documents may be supplemented, and minor variations and
deviations in the Work may be authorized, by one or more of the following ways:
EJCDC C-700 Standard General Conditions of the Construction Contract
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1. A Field Order;
2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph
6.17.D.3); or
3. Engineer's written interpretation or clarification.
3.05 Reuse of Documents
A. Contractor and any Subcontractor or Supplier -shall not:
1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or
other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its
consultants, including electronic media editions; or
2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of
the Project or any other project without written consent of Owner and Engineer and specific
written verification or adaptation by Engineer.
B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the
Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract
Documents for record purposes.
3.06 Electronic Data
A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or
Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are
limited to the printed copies (also known as hard copies). Files in electronic media format of text,
data, graphics, or other types are furnished only for the convenience of the receiving party. Any
conclusion or information obtained or derived from such electronic files will be at the user's sole
risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies
govern.
B. Because data stored in electronic media format can deteriorate or be modified inadvertently or
otherwise without authorization of the data's creator, the party receiving electronic files agrees
that it will perform acceptance tests or procedures within 60 days, after which the receiving party
shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 -day
acceptance period will be corrected by the transferring patty.
C. When transferring documents in electronic media format, the transferring party makes no
representations as to long term compatibility, usability, or readability of documents resulting
from the use of software application packages, operating systems, or computer hardware differing
from those used by the data's creator.
EJCDC C-700 Standard General Conditions of the Construction Contract
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ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS
4.01 Availability of Lands
A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions
not of general application but specifically related to use of the Site with which Contractor must
comply in performing the Work. Owner will obtain in a timely manner and pay for easements for
permanent structures or permanent changes in existing facilities. If Contractor and Owner are
unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the
Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site
or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05.
B. Upon reasonable written request, Owner shall famish Contractor with a current statement of
record legal title and legal description of the lands upon which the Work 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 and Regulations.
C. Contractor shall provide for all additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and equipment.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary Conditions identify:
1. those reports known to Owner of explorations and tests of subsurface conditions at or
contiguous to the Site; and
2. those drawings known to Owner of physical conditions relating to existing surface or
subsurface structures at the Site (except Underground Facilities).
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or
make any claim against Owner or Engineer, or any of their officers, directors, members, partners,
employees, agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for Contractor's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences, and procedures of
construction to be employed by Contractor, and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions, and information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such
other data, interpretations, opinions, or information.
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4.03 Differing Subsurface or Physical Conditions
A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or
revealed either:
1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to
rely as provided in Paragraph 4.02 is materially inaccurate; or
2. is of such a nature as to require a change in the Contract Documents; or
3. differs materially from that shown or indicated in the Contract Documents; or
4. is of an unusual nature, and differs materially from conditions ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Contract
Documents;
then Contractor shall, promptly after becoming aware thereof and before further disturbing the
subsurface or physical conditions or performing any Work in connection therewith (except in an
emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such
condition. Contractor shall not further disturb such condition or perform any Work in connection
therewith (except as aforesaid) until receipt of written order to do so.
B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will
promptly review the pertinent condition, determine the necessity of Owner's obtaining additional
exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor)
of Engineer's findings and conclusions.
C. Possible Price and Times Adjustments:
1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent
that the existence of such differing subsurface or physical condition causes an increase or
decrease in Contractor's cost of, or time required for, performance of the Work; subject,
however, to the following:
a. such condition must meet any one or more of the categories described in Paragraph.
4.03.A; and
b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract
Price will be subject to the provisions of Paragraphs 9.07 and 11.03.
2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if:
a. Contractor knew of the existence of such conditions at the time Contractor made a final
commitment to Owner with respect to Contract Price and Contract Times by the
submission of a Bid or becoming bound under a negotiated contract; or
b. the existence of such condition could reasonably have been discovered or revealed as a
result of any examination, investigation, exploration, test, or study of the Site and
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contiguous areas required by the Bidding Requirements or Contract Documents to be
conducted by or for Contractor prior to Contractor's making such final commitment; or
c. Contractor failed to give the written notice as required by Paragraph 4.03.A.
3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if
any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be
made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any
of their officers, directors, members, partners, employees, agents, consultants, or
subcontractors shall be liable to Contractor 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
Contractor on or in connection with any other project or anticipated project.
4.04 Underground Facilities
A. Shown or Indicated: The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the Site is based on
information and data furnished to Owner or Engineer by the owners of such Underground
Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the
Supplementary Conditions:
1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such
information or data provided by others; and
2. the cost of all of the following will be included in the Contract Price, and Contractor shall
have full responsibility for:
a. reviewing and checking all such information and data;
b. locating all Underground Facilities shown or indicated in the Contract Documents;
c. coordination of the Work with the owners of such Underground Facilities, including
Owner, during construction; and
d. the safety and protection of all such Underground Facilities and repairing any damage
thereto resulting from the Work.
B. Not Shown or Indicated.-
1.
ndicated:
1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was
not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract
Documents, Contractor shall, promptly after becoming aware thereof and before further
disturbing conditions affected thereby or performing any Work in connection therewith
(except in an emergency as required by Paragraph 6.16.A), identify the owner of such
Underground Facility and give written notice to that owner and to Owner and Engineer.
Engineer will promptly review the Underground Facility and determine the extent, if any, to
which a change is required in the Contract Documents to reflect and document the
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consequences of the existence or location of the Underground Facility. During such time,
Contractor shall be responsible for the safety and protection of such Underground Facility.
2. If Engineer concludes that a change in the Contract Documents is required, a Work Change
Directive or a Change Order will be issued to reflect and document such consequences. An
equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the
extent that they are attributable to the existence or location of any Underground Facility that
was not shown or indicated or not shown or indicated with reasonable accuracy in the
Contract Documents and that Contractor did not know of and could not reasonably have been
expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree
on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price
or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph
10.05.
4.05 Reference Points
A. Owner shall provide engineering surveys to establish reference points for construction which in
Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor
shall be responsible for laying out the Work, shall protect and preserve the established reference
points and property monuments, and shall make no changes or relocations without the prior
written approval of Owner. Contractor shall report to Engineer 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.
4.06 Hazardous Environmental Condition at Site
A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings
known to Owner relating to Hazardous Environmental Conditions that have been identified at the
Site.
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or
make any claim against Owner or Engineer, or any of their officers, directors, members, partners,
employees, agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for Contractor's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences and procedures of
construction to be employed by Contractor and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions and information contained in such reports or shown or
indicated in such drawings; or
any Contractor interpretation of or conclusion drawn from any "technical data" or any such
other data, interpretations, opinions or information.
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C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or
revealed at the Site which was not shown or indicated in Drawings or Specifications or identified
in the Contract Documents to be within the scope of the Work. Contractor shall be responsible
for a Hazardous Environmental Condition created with any materials brought to the Site by
Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible.
D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for
whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall
immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with
such condition and in any area affected thereby (except in an emergency as required by Paragraph
6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in
writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to
retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly
after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to
timely obtain required permits and provide Contractor the written notice required by Paragraph
4.06.E.
E. Contractor shall not be required to resume Work in connection with such condition or in any
affected area until after Owner has obtained any required permits related thereto and delivered
written notice to Contractor: (i) specifying that such condition and any affected area is or has
been rendered safe for the resumption of Work; or (ii) specifying any special conditions under
which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement
to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or
both, as a result of such Work stoppage or such special conditions under which Work is agreed to
be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph
10.05.
F. If after receipt of such written notice Contractor 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 Owner may order the portion of the Work that is in the area affected by such
condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to
or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a
result of deleting such portion of the Work, then either party may make a Claim therefor as
provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by
Owner's own forces or others in accordance with Article 7.
G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold
harmless Contractor, Subcontractors, and Engineer, 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 relating to a Hazardous Environmental Condition,
provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the
Drawings or Specifications or identified in the Contract Documents to be included within the
scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is
responsible. Nothing in this Paragraph 4.06.13 shall obligate Owner to indemnify any individual
or entity from and against the consequences of that individual's or entity's own negligence.
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H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, 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 relating to a Hazardous Environmental Condition created by Contractor or by anyone for
whom Contractor is responsible. Nothing in this Paragraph 4.06.11 shall obligate Contractor to
indemnify any individual or entity from and against the consequences of that individual's or
entity's own negligence.
I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLE 5 — BONDS AND INSURANCE
5.01 Performance, Payment, and Other Bonds
A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and payment of all of Contractor's
obligations under the Contract Documents. 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 13.07, whichever is later, except as provided otherwise by Laws or Regulations or
by the Contract Documents. Contractor shall also furnish such other bonds as are required by the
Contract Documents.
B. All bonds shall be in the form prescribed by the Contract Documents except as provided
otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list
of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial
Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds 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 each bond.
C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its
right to do business is terminated in any state where any part of the Project is located or it ceases
to meet the requirements of Paragraph 5.013, Contractor 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 requirements of Paragraphs 5.01.E and
5.02.
5.02 Licensed Sureties and Insurers
A. All bonds and insurance required by the Contract Documents to be purchased and maintained by
Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed
or authorized in the jurisdiction in which the Project is located to issue bonds or insurance
policies for the limits and coverages so required. Such surety and insurance companies shall also
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meet such additional requirements and qualifications as may be provided in the Supplementary
Conditions.
5.03 Certificates of Insurance
A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee
identified in the Supplementary Conditions, certificates of insurance (and other evidence of
insurance requested by Owner or any other additional insured) which Contractor is required to
purchase and maintain.
B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee
identified in the Supplementary Conditions, certificates of insurance (and other evidence of
insurance requested by Contractor or any other additional insured) which Owner is required to
purchase and maintain.
C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance
with these insurance requirements or failure of Owner to identify a deficiency in compliance from
the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain
such insurance.
D. Owner does not represent that insurance coverage and limits established in this Contract
necessarily will be adequate to protect Contractor.
E. The insurance and insurance limits required herein shall not be deemed as a limitation on
Contractor's liability under the indemnities granted to Owner in the Contract Documents.
5.04 Contractor's Insurance
A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being
performed and as will provide protection from claims set forth below which may arise out of or
result from Contractor's performance of the Work and Contractor's other obligations under the
Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier,
or by anyone directly or indirectly employed by any of them to perform any of the Work, or by
anyone for whose acts any of them may be liable:
1. claims under workers' compensation, disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury, occupational sickness or disease, or death of
Contractor's employees;
3. claims for damages because of bodily injury, sickness or disease, or death of any person other
than Contractor's employees;
4. claims for damages insured by reasonably available personal injury liability coverage which
are sustained:
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a. by any person as a result of an offense directly or indirectly related to the employment of
such person by Contractor, or
b. by any other person for any other reason;
5. 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; and
6. 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.
B. The policies of insurance required by this Paragraph 5.04 shall:
I. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be
written on an occurrence basis, include as additional insureds (subject to any customary
exclusion regarding professional liability) Owner and Engineer, and any other individuals or
entities identified in the Supplementary Conditions, all of whom shall be listed as additional
insureds, and include coverage for the respective officers, directors, members, partners,
employees, agents, consultants, and subcontractors 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;
2. include at least the specific coverages and be written for not less than the limits of liability
provided in the Supplementary Conditions or required by Laws or Regulations, whichever is
greater;
3. include contractual liability insurance covering Contractor's indemnity obligations under
Paragraphs 6.11 and 6.20;
4. contain a provision or endorsement that the coverage afforded will not be canceled, materially
changed or renewal refused until at least 30 days prior written notice has been given to Owner
and Contractor and to each other additional insured identified in the Supplementary
Conditions to whom a certificate of insurance has been issued (and the certificates of
insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide);
5. remain in effect at least until final payment and at all times thereafter when Contractor may
be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07;
and
6. include completed operations coverage:
a. Such insurance shall remain in effect for two years after final payment.
b. Contractor shall furnish Owner and each other additional insured identified in the
Supplementary Conditions, to whom a certificate of insurance has been issued, evidence
satisfactory to Owner and any such additional insured of continuation of such insurance at
final payment and one year thereafter.
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5.05 Owner's Liability Insurance
A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner,
at Owner's option, may purchase and maintain at Owner's expense Owner's own liability
insurance as will protect Owner against claims which may arise from operations under the
Contract Documents.
5.06 Property Insurance
A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain
property insurance upon the Work at the Site in the amount of the full replacement cost thereof
(subject to such deductible amounts as may be provided in the Supplementary Conditions or
required by Laws and Regulations). This insurance shall:
1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other
individuals or entities identified in the Supplementary Conditions, and the officers, directors,
members, partners, employees, agents, consultants, and subcontractors of each and any of
them, each of whom is deemed to have an insurable interest and shall be listed as a loss
payee;
2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for
physical loss or damage to the Work, temporary buildings, falsework, and materials and
equipment in transit, and shall insure against at least the following perils or causes of loss:
fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake,
collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations,
water damage (other than that caused by flood), and such other perils or causes of loss as may
be specifically required by the Supplementary Conditions.
3. include expenses incurred in the repair or replacement of any insured property (including but
not limited to fees and charges of engineers and architects);
4. cover materials and equipment stored at the Site or at another location that was agreed to in
writing by Owner prior to being incorporated in the Work, provided that such materials and
equipment have been included in an Application for Payment recommended by Engineer;
5. allow for partial utilization of the Work by Owner;
6. include testing and startup; and
7. be maintained in effect until final payment is made unless otherwise agreed to in writing by
Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to
whom a certificate of insurance has been issued.
B. Owner shall purchase and maintain such equipment breakdown insurance or additional property
insurance as may be required by the Supplementary Conditions or Laws and Regulations which
will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other
individuals or entities identified in the Supplementary Conditions, and the officers, directors,
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members, partners, employees, agents, consultants and subcontractors of each and any of them,
each of whom is deemed to have an insurable interest and shall be listed as a loss payee.
C. All the policies of insurance (and the certificates or other evidence thereof) required to be
purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or
endorsement that the coverage afforded will not be canceled or materially changed or renewal
refused until at least 30 days prior written notice has been given to Owner and Contractor and to
each other loss payee to whom a certificate of insurance has been issued and will contain waiver
provisions in accordance with Paragraph 5.07.
D. Owner shall not be responsible for purchasing and maintaining any property insurance specified
in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work
to the extent of any deductible amounts that are identified in the Supplementary Conditions. The
risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors,
or others suffering any such loss, and if any of them wishes property insurance coverage within
the limits of such amounts, each may purchase and maintain it at the purchaser's own expense.
E. If Contractor requests in writing that other special insurance be included in the property insurance
policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and
the cost thereof will be charged to Contractor by appropriate Change Order. Prior to
commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not
such other insurance has been procured by Owner.
5.07 WaiverofRtghts
A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will
protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities
identified in the Supplementary Conditions as loss payees (and the officers, directors, members,
partners, employees, agents, consultants, and subcontractors of each and any of them) in such
policies and will provide primary coverage for all losses and damages caused by the perils or
causes of loss covered thereby. All such policies shall contain provisions to the effect that in the
event of payment of any loss or damage the insurers will have no rights of recovery against any of
the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other
and their respective officers, directors, members, partners, employees, agents, consultants and
subcontractors of each and any of them for all losses and damages caused by, arising out of or
resulting from any of the perils or causes of loss covered by such policies and any other property
insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors
and Engineer, and all other individuals or entities identified in the Supplementary Conditions as
loss payees (and the officers, directors, members, partners, employees, agents, consultants, and
subcontractors of each and any of them) under such policies for losses and damages so caused.
None of the above waivers shall extend to the rights that any party making such waiver may have
to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so
issued.
B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers,
directors, members, partners, employees, agents, consultants and subcontractors of each and any
of them for:
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1. loss due to business interruption, loss of use, or other consequential loss extending beyond
direct physical loss or damage to Owner's property or the Work caused by, arising out of, or
resulting from fire or other perils whether or not insured by Owner; and
2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting
from fire or other insured peril or cause of loss covered by any property insurance maintained
on the completed Project or part thereof by Owner during partial utilization pursuant to
Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final
payment pursuant to Paragraph 14.07.
C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss
referred to in Paragraph 5.07.B shall contain provisions to the effect that in the event of payment
of any such loss, damage, or consequential loss, the insurers will have no rights of recovery
against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners,
employees, agents, consultants and subcontractors of each and any of them.
5.08 Receipt and Application oflnsurance Proceeds
A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with
Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear,
subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner
shall deposit in a separate account any money so received and shall distribute it in accordance
with such agreement as the parties in interest may reach. If no other special agreement is reached,
the damaged Work shall be repaired or replaced, the moneys so received applied on account
thereof, and the Work and the cost thereof covered by an appropriate Change Order.
B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of
the parties in interest shall object in writing within 15 days after the occurrence of loss to
Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make
settlement with the insurers in accordance with such agreement as the parties in interest may
reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall
adjust and settle the loss with the insurers and, if required in writing by any party in interest,
Owner as fiduciary shall give bond for the proper performance of such duties.
5.09 Acceptance of Bonds and Insurance; Option to Replace
A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of
the bonds or insurance required to be purchased and maintained by the other party in accordance
with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party
shall so notify the other party in writing within 10 days after receipt of the certificates (or other
evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to
the other such additional information in respect of insurance provided as the other may
reasonably request. If either party does not purchase or maintain all of the bonds and insurance
required of such party by the Contract Documents, 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. Without prejudice to any other right or remedy, the
other parry may elect to obtain equivalent bonds or insurance to protect such other party's
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interests at the expense of the party who was required to provide such coverage, and a Change
Order shall be issued to adjust the Contract Price accordingly.
5.10 Partial Utilization, Acknowledgment of Property Insurer
A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial
Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall
commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have
acknowledged notice thereof and in writing effected any changes in coverage necessitated
thereby. The insurers providing the property insurance shall consent by endorsement on the
policy or policies, but the property insurance shall not be canceled or permitted to lapse on
account of any such partial use or occupancy.
ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES
6.01 Supervision and Superintendence
A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with the Contract Documents. Contractor shall be solely responsible for the
means, methods, techniques, sequences, and procedures of construction. Contractor shall not be
responsible for the negligence of Owner or Engineer in the design or specification of a specific
means, method, technique, sequence, or procedure of construction which is shown or indicated in
and expressly required by the Contract Documents.
B. At all times during the progress of the Work, Contractor shall assign a competent resident
superintendent who shall not be replaced without written notice to Owner and Engineer except
under extraordinary circumstances.
6.02 Labor; Working Hours
A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work
and perform construction as required by the Contract Documents. Contractor 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 stated in the Contract Documents, all Work at
the Site shall be performed during regular working hours. Contractor will not permit the
performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written
consent (which will not be unreasonably withheld) given after prior written notice to Engineer.
6.03 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, Contractor shall provide 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.
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B. All materials and equipment incorporated into the Work shall be as specified or, if not specified,
shall be of good quality and new, except as otherwise provided in the Contract Documents. All
special warranties and guarantees required by the Specifications shall expressly run to the benefit
of Owner. If required by Engineer, Contractor 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 may be provided in the Contract Documents.
6.04 Progress Schedule
A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07
as it may be adjusted from time to time as provided below.
1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07)
proposed adjustments in the Progress Schedule that will not result in changing the Contract
Times. Such adjustments will comply with any provisions of the General Requirements
applicable thereto.
2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be
submitted in accordance with the requirements of Article 12. Adjustments in Contract Times
may only be made by a Change Order.
6.05 Substitutes and "Or -Equals"
A. Whenever 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, the specification or
description is intended to establish the type, function, appearance, and quality required. Unless
the specification or description contains or is followed by words reading that no like, equivalent,
or "or -equal" item or no substitution is permitted, other items of material or equipment or
material or equipment of other Suppliers may be submitted to Engineer for review under the
circumstances described below.
1. "Or -Equal " Items: If in Engineer's sole discretion an item of material or equipment proposed
by Contractor is functionally equal to that named and sufficiently similar so that no change in
related Work will be required, it may be considered by Engineer as an "or -equal" item, in
which case review and approval of the proposed item may, in Engineer's sole discretion, be
accomplished without compliance with some or all of the requirements for approval of
proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of
material or equipment will be considered functionally equal to an item so named if:
a. in the exercise of reasonable judgment Engineer determines that:
1) it is at least equal in materials of construction, quality, durability, appearance,
strength, and design characteristics;
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2) it 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; and
3) it has a proven record of performance and availability of responsive service.
b. Contractor certifies that, if approved and incorporated into the Work:
1) there will be no increase in cost to the Owner or increase in Contract Times; and
2) it will conform substantially to the detailed requirements of the item named in the
Contract Documents.
2. Substitute Items:
a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor
does not qualify as an `or -equal" item under Paragraph 6.05.A.1, it will be considered a
proposed substitute item.
b. Contractor shall submit sufficient information as provided below to allow Engineer to
determine if the item of material or equipment proposed is essentially equivalent to that
named and an acceptable substitute therefor. Requests for review of proposed substitute
items of material or equipment will not be accepted by Engineer from anyone other than
Contractor.
c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as
supplemented by the General Requirements, and as Engineer may decide is appropriate
under the circumstances.
d. Contractor shall make written application to Engineer for review of a proposed substitute
item of material or equipment that Contractor seeks to furnish or use. The application:
1) shall certify that the proposed substitute item will:
a) perform adequately the functions and achieve the results called for by the general
design,
b) be similar in substance to that specified, and
c) be suited to the same use as that specified;
2) will state:
a) the extent, if any, to which the use of the proposed substitute item will prejudice
Contractor's achievement of Substantial Completion on time,
b) whether use of the proposed substitute item in the Work will require a change in
any of the Contract Documents (or in the provisions of any other direct contract
with Owner for other work on the Project) to adapt the design to the proposed
substitute item, and
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c) whether incorporation or use of the proposed substitute item in connection with
the Work is subject to payment of any license fee or royalty;
3) will identify:
a) all variations of the proposed substitute item from that specified, and
b) available engineering, sales, maintenance, repair, and replacement services; and
4) shall contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, including costs of redesign and claims of
other contractors affected by any resulting change.
B. Substitute Construction Methods or Procedures: If a specific means, method, technique,
sequence, or procedure of construction is expressly required by the Contract Documents,
Contractor may finnish or utilize a substitute means, method, technique, sequence, or procedure
of construction approved by Engineer. Contractor shall submit sufficient information to allow
Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to
that expressly called for by the Contract Documents. The requirements for review by Engineer
will be similar to those provided in Paragraph 6.05.A.2.
C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate
each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. Engineer may require
Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole
judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until
Engineer's review is complete, which will be evidenced by a Change Order in the case of a
substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in
writing of any negative determination.
D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special
performance guarantee or other surety with respect to any substitute.
E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute
proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not
Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall
reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed
substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for
making changes in the Contract Documents (or in the provisions of any other direct contract with
Owner) resulting from the acceptance of each proposed substitute.
F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or
"or -equal" at Contractor's expense.
6.06 Concerning Subcontractors, Suppliers, and Others
A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including
those acceptable to Owner as indicated in Paragraph 6.06.13), whether initially or as a
replacement, against whom Owner may have reasonable objection. Contractor shall not be
EJCDC C-700 Standard General Conditions of the Construction Contract
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required to employ any Subcontractor, Supplier, or other individual or entity to furnish or
perform any of the Work against whom Contractor has reasonable objection.
B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other
individuals or entities to be submitted to Owner in advance for acceptance by Owner by a
specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list
thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing
or by failing to make written objection thereto by the date indicated for acceptance or objection in
the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other
individual or entity so identified may be revoked on the basis of reasonable objection after due
investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor,
Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in
the cost occasioned by such replacement, and an appropriate Change Order will be issued. No
acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether
initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject
defective Work.
C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the
Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the
Contract Documents:
1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity
any contractual relationship between Owner or Engineer and any such Subcontractor,
Supplier or other individual or entity; nor
2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of
any moneys due any such Subcontractor, Supplier, or other individual or entity except as may
otherwise be required by Laws and Regulations.
D. Contractor shall be solely responsible for scheduling and coordinating the Work of
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the
Work under a direct or indirect contract with Contractor.
E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities
performing or furnishing any of the Work to communicate with Engineer through Contractor.
F. The divisions and sections of the Specifications and the identifications of any Drawings shall not
control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the
Work to be performed by any specific trade.
G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an
appropriate agreement between Contractor and the Subcontractor or Supplier which specifically
binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract
Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a
Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in
Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will
contain provisions whereby the Subcontractor or Supplier waives all rights against Owner,
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Contractor, Engineer, and all other individuals or entities identified in the Supplementary
Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners,
employees, agents, consultants, and subcontractors of each and any of them) for all losses and
damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss
covered by such policies and any other property insurance applicable to the Work. If the insurers
on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier,
Contractor will obtain the same.
6.07 Patent Fees and Royalties
A. Contractor 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 Contract Documents for use in
the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is
subject to patent rights or copyrights calling for the payment of any license fee or royalty to
others, the existence of such rights shall be disclosed by Owner in the Contract Documents.
B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold
harmless Contractor, 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 arbitration or other dispute resolution costs) arising out of or relating to 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
specified in the Contract Documents, but not identified as being subject to payment of any license
fee or royalty to others required by patent rights or copyrights.
C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, 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 relating to 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 not specified in the Contract Documents.
6.08 Permits
A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for
all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining
such permits and licenses. Contractor shall pay all governmental charges and inspection fees
necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or,
if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility
owners for connections for providing permanent service to the Work.
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6.09 Laws and Regulations
A. Contractor shall give all notices required by and shall comply with all Laws and Regulations
applicable to the performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for
monitoring Contractor's compliance with any Laws or Regulations.
B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or
Regulations, Contractor 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.
However, it shall not be Contractor's responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of
Contractor's obligations under Paragraph 3.03.
C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective
Date of the Agreement if there were no Bids) having an effect on the cost or time of performance
of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner
and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any
such adjustment, a Claim may be made therefor as provided in Paragraph 10.05.
6.10 Taxes
A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by
Contractor in accordance with the Laws and Regulations of the place of the Project which are
applicable during the performance of the Work.
6.11 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas:
1. Contractor shall confine construction equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas permitted by Laws and Regulations, and
shall not unreasonably encumber the Site and other areas with construction equipment or
other materials or equipment. Contractor 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 the
Work, Contractor 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 and Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, 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 relating to any claim or action, legal or equitable, brought
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by any such owner or occupant against Owner, Engineer, or any other party indemnified
hereunder to the extent caused by or based upon Contractor's performance of the Work.
B. Removal of Debris During Performance of the Work. During the progress of the Work
Contractor shall keep the Site and other areas free from accumulations of waste materials,
rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other
debris shall conform to applicable Laws and Regulations.
C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the
Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall
remove from the Site all tools, appliances, construction equipment and machinery, and surplus
materials and shall restore to original condition all property not designated for alteration by the
Contract Documents.
D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in
any manner that will endanger the structure, nor shall Contractor subject any part of the Work or
adjacent property to stresses or pressures that will endanger it.
6.12 Record Documents
A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings,
Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written
interpretations and clarifications in good order and annotated to show changes made during
construction. These record documents together with all approved Samples and a counterpart of
all approved Shop Drawings will be available to Engineer for reference. Upon completion of the
Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for
Owner.
6.13 Safety and Protection
A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Such responsibility does not relieve
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. Contractor 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. Contractor shall comply with all 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
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shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall
notify owners of adjacent property and of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate with them in the protection,
removal, relocation, and replacement of their property.
C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any.
The Supplementary Conditions identify any Owner's safety programs that are applicable to the
Work.
D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety
program with which Owner's and Engineer's employees and representatives must comply while
at the Site.
E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused,
directly or indirectly, in whole or in part, by Contractor, any 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 Contractor (except
damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions
of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them
may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or
negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or
indirectly employed by any of them).
F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue
until such time as all the Work is completed and Engineer has issued a notice to Owner and
Contractor in accordance with Paragraph 14.07.13 that the Work is acceptable (except as
otherwise expressly provided in connection with Substantial Completion).
6.14 Safety Representative
A. Contractor 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.
6.15 Hazard Communication Programs
A. Contractor shall be responsible for coordinating any exchange of material 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.
6.16 Emergencies
A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or
adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss.
Contractor shall give Engineer prompt written notice if Contractor 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 Engineer determines that a change in the Contract Documents is
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required because of the action taken by Contractor in response to such an emergency, a Work
Change Directive or Change Order will be issued.
6.17 Shop Drawings and Samples
A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in
accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each
submittal will be identified as Engineer may require.
1. Shop Drawings:
a. Submit number of copies specified in the General Requirements.
b. Data shown on the Shop Drawings will be complete with respect to quantities,
dimensions, specified performance and design criteria, materials, and similar data to show
Engineer the services, materials, and equipment Contractor proposes to provide and to
enable Engineer to review the information for the limited purposes required by Paragraph
6.17.D.
2. Samples:
a. Submit number of Samples specified in the Specifications.
b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog
numbers, the use for which intended and other data as Engineer may require to enable
Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D.
B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of
Submittals, any related Work performed prior to Engineer's review and approval of the pertinent
submittal will be at the sole expense and responsibility of Contractor.
C. Submittal Procedures:
1. Before submitting each Shop Drawing or Sample, Contractor shall have:
a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and
Samples and with the requirements of the Work and the Contract Documents;
b. determined and verified all field measurements, quantities, dimensions, specified
performance and design criteria, installation requirements, materials, catalog numbers,
and similar information with respect thereto;
c. determined and verified the suitability of all materials offered with respect to the
indicated application, fabrication, shipping, handling, storage, assembly, and installation
pertaining to the performance of the Work; and
d. determined and verified all information relative to Contractor's responsibilities for
means, methods, techniques, sequences, and procedures of construction, and safety
precautions and programs incident thereto.
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2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied
Contractor's obligations under the Contract Documents with respect to Contractor's review
and approval of that submittal.
3. With each submittal, Contractor shall give Engineer specific written notice of any variations
that the Shop Drawing or Sample may have from the requirements of the Contract
Documents. This notice shall be both a written communication separate from the Shop
Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop
Drawing or Sample submitted to Engineer for review and approval of each such variation.
D. Engineer's Review:
1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the
Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only
to determine if the items covered by the submittals will, after installation or incorporation in
the Work, conform to the information given in the Contract Documents and be compatible
with the design concept of the completed Project as a functioning whole as indicated by the
Contract Documents.
2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular means, method, technique, sequence, or
procedure of construction is specifically and expressly called for by the Contract Documents)
or to safety precautions or programs incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in which the item functions.
3. Engineer's review and approval shall not relieve Contractor from responsibility for any
variation from the requirements of the Contract Documents unless Contractor has complied
with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each
such variation by specific written notation thereof incorporated in or accompanying the Shop
Drawing or Sample. Engineer's review and approval shall not relieve Contractor from
responsibility for complying with the requirements of Paragraph 6.17.C.1.
E. Resubmittal Procedures:
1. Contractor shall make corrections required by Engineer and shall return the required number
of corrected copies of Shop Drawings and submit, as required, new Samples for review and
approval. Contractor shall direct specific attention in writing to revisions other than the
corrections called for by Engineer on previous submittals.
6.18 Continuing the Work
A. Contractor shall carry on 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 permitted by Paragraph 15.04 or as Owner and Contractor
may otherwise agree in writing.
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6.19 Contractor's General Warranty and Guarantee
A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the
Contract Documents and will not be defective. Engineer and its officers, directors, members,
partners, employees, agents, consultants, and subcontractors shall be entitled to rely on
representation of Contractor's warranty and guarantee.
B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or operation by persons other than Contractor,
Subcontractors, Suppliers, or any other individual or entity for whom Contractor is
responsible; or
2. normal wear and tear under normal usage.
C. Contractor's obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will constitute an acceptance of Work that is
not in accordance with the Contract Documents or a release of Contractor's obligation to perform
the Work in accordance with the Contract Documents:
1. observations by Engineer,
2. recommendation by Engineer or payment by Owner of any progress or final payment;
3. the issuance of a certificate of Substantial Completion by Engineer or any payment related
thereto by Owner;
4. use or occupancy of the Work or any part thereof by Owner;
5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice
of acceptability by Engineer;
6. any inspection, test, or approval by others; or
7. any correction of defective Work by Owner.
6.20 Indemnification
A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, 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 relating to the performance of the Work, provided that any such claim, cost, loss, or damage is
attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible
property (other than the Work itself), including the loss of use resulting therefrom but only to the
extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or
any 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 maybe liable.
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B. In any and all claims against Owner or Engineer or any of their officers, directors, members,
partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or
personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any
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, the indemnification obligation under Paragraph
6.20.A shall not be limited in any way by any limitation on the amount or type of damages,
compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or
other individual or entity under workers' compensation acts, disability benefit acts, or other
employee benefit acts.
C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the
liability of Engineer and Engineer's officers, directors, members, partners, employees, agents,
consultants and subcontractors arising out of:
1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions,
reports, surveys, Change Orders, designs, or Specifications; or
2. giving directions or instructions, or failing to give them, if that is the primary cause of the
injury or damage.
6.21 Delegation of Professional Design Services
A. Contractor will not be required to provide professional design services unless such services are
specifically required by the Contract Documents for a portion of the Work or unless such services
are required to cavy out Contractor's responsibilities for construction means, methods,
techniques, sequences and procedures. Contractor shall not be required to provide professional
services in violation of applicable law.
B. If professional design services or certifications by a design professional related to systems,
materials or equipment are specifically required of Contractor by the Contract Documents, Owner
and Engineer will specify all performance and design criteria that such services must satisfy.
Contractor shall cause such services or certifications to be provided by a properly licensed
professional, whose signature and seal shall appear on all drawings, calculations, specifications,
certifications, Shop Drawings and other submittals prepared by such professional. Shop
Drawings and other submittals related to the Work designed or certified by such professional, if
prepared by others, shall bear such professional's written approval when submitted to Engineer.
C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of
the services, certifications or approvals performed by such design professionals, provided Owner
and Engineer have specified to Contractor all performance and design criteria that such services
must satisfy.
D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and
design drawings will be only for the limited purpose of checking for conformance with
performance and design criteria given and the design concept expressed in the Contract
Documents. Engineer's review and approval of Shop Drawings and other submittals (except
design calculations and design drawings) will be only for the purpose stated in Paragraph
6.17.D.1.
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E. Contractor shall not be responsible for the adequacy of the performance or design criteria
required by the Contract Documents.
ARTICLE 7 — OTHER WORK AT THE SITE
7.01 Related Work at Site
A. Owner may perform other work related to the Project at the Site with Owner's employees, or
through other direct contracts therefor, or have other work performed by utility owners. If such
other work is not noted in the Contract Documents, then:
1. written notice thereof will be given to Contractor prior to starting any such other work; and
2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if
any, of any adjustment in the Contract Price or Contract Times that should be allowed as a
result of such other work, a Claim may be made therefor as provided in Paragraph 10.05.
B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility
owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe
access to the Site, provide a reasonable opportunity for the introduction and storage of materials
and equipment and the execution of such other work, and properly coordinate the Work with
theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to
properly connect or otherwise make its several parts come together and properly integrate with
such other work. Contractor shall not endanger any work of others by cutting, excavating, or
otherwise altering such work; provided, however, that Contractor may cut or alter others' work
with the written consent of Engineer and the others whose work will be affected. The duties and
responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and
other contractors to the extent that there are comparable provisions for the benefit of Contractor
in said direct contracts between Owner and such utility owners and other contractors.
C. If the proper execution or results of any part of Contractor's Work depends upon work performed
by others under this Article 7, Contractor shall inspect such other work and promptly report to
Engineer in writing any delays, defects, or deficiencies in such other work that render it
unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's
failure to so report will constitute an acceptance of such other work as fit and proper for
integration with Contractor's Work except for latent defects and deficiencies in such other work.
7.02 Coordination
A. If Owner intends to contract with others for the performance of other work on the Project at the
Site, the following will be set forth in Supplementary Conditions:
the individual or entity who will have authority and responsibility for coordination of the
activities among the various contractors will be identified;
2. the specific matters to be covered by such authority and responsibility will be itemized; and
3. the extent of such authority and responsibilities will be provided.
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B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and
responsibility for such coordination.
7.03 Legal Relationships
A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner.
B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other
contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs
incurred by Contractor as a result of the other contractor's wrongful actions or inactions.
C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for
the reasonable direct delay and disruption costs incurred by such other contractor as a result of
Contractor's wrongful action or inactions.
ARTICLE 8 — OWNER'S RESPONSIBILITIES
8.01 Communications to Contractor
A. Except as otherwise provided in these General Conditions, Owner shall issue all communications
to Contractor through Engineer.
8.02 Replacement of Engineer
A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom
Contractor makes no reasonable objection, whose status under the Contract Documents shall be
that of the former Engineer.
8.03 Furnish Data
A. Owner shall promptly furnish the data required of Owner under the Contract Documents.
8.04 Pay When Due
A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0
and 14.07.C.
8.05 Lands and Easements; Reports and Tests
A. Owner's duties with respect to providing lands and easements and providing engineering surveys
to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to
Owner's identifying and making available to Contractor copies of reports of explorations and
tests of subsurface conditions and drawings of physical conditions relating to existing surface or
subsurface structures at the Site.
8.06 Insurance
A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property
insurance are set forth in Article 5.
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8.07 Change Orders
A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03.
8.08 Inspections, Tests, and Approvals
A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in
Paragraph 13.03.B.
8.09 Limitations on Owner's Responsibilities
A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. Owner will not be responsible for
Contractor's failure to perform the Work in accordance with the Contract Documents.
8.10 Undisclosed Hazardous Environmental Condition
A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set
forth in Paragraph 4.06.
8.11 Evidence of Financial Arrangements
A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial
arrangements have been made to satisfy Owner's obligations under the Contract Documents.
8.12 Compliance with Safety Program
A. While at the Site, Owner's employees and representatives shall comply with the specific
applicable requirements of Contractor's safety programs of which Owner has been informed
pursuant to Paragraph 6.13.D.
ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION
9.01 Owner's Representative
A. Engineer will be Owner's representative during the construction period. The duties and
responsibilities and the limitations of authority of Engineer as Owner's representative during
construction are set forth in the Contract Documents.
9.02 Visits to Site
A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction
as Engineer deems necessary in order to observe as an experienced and qualified design
professional the progress that has been made and the quality of the various aspects of
Contractor's executed Work. Based on information obtained during such visits and observations,
Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in
accordance with the Contract Documents. Engineer will not be required to make exhaustive or
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continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts
will be directed toward providing for Owner a greater degree of confidence that the completed
Work will conform generally to the Contract Documents. On the basis of such visits and
observations, Engineer will keep Owner informed of the progress of the Work and will endeavor
to guard Owner against defective Work.
B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and
responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result
of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct,
control, or have authority over or be responsible for Contractor's means, methods, techniques,
sequences, or procedures of construction, or the safety precautions and programs incident thereto,
or for any failure of Contractor to comply with Laws and Regulations applicable to the
performance of the Work.
9.03 Project Representative
A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist
Engineer in providing more extensive observation of the Work. The authority and responsibilities
of any such Resident Project Representative and assistants will be as provided in the
Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in
Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the
Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and
limitations thereon of such other individual or entity will be as provided in the Supplementary
Conditions.
9.04 Authorized Variations in Work
A. Engineer may authorize minor variations in the Work from the requirements of the Contract
Documents which do not involve an adjustment in the Contract Price or the Contract Times and
are compatible with the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be accomplished by a Field Order and will be
binding on Owner and also on Contractor, who shall perform the Work involved promptly. If
Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or
Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or
extent, if any, of any such adjustment, a Claim may be made therefor as provided in
Paragraph 10.05.
9.05 Rejecting Defective Work
A. Engineer will have authority to reject Work which Engineer believes to be defective, or that
Engineer believes will not produce a completed Project that conforms to the Contract Documents
or that will prejudice the integrity of the design concept of the completed Project as a functioning
whole as indicated by the Contract Documents. Engineer will also have authority to require
special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the
Work is fabricated, installed, or completed.
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9.06 Shop Drawings, Change Orders and Payments
A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and
Samples, see Paragraph 6.17.
B. In connection with Engineer's authority, and limitations thereof, as to design calculations and
design drawings submitted in response to a delegation of professional design services, if any, see
Paragraph 6.21.
C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12.
D. In connection with Engineer's authority as to Applications for Payment, see Article 14.
9.07 Determinations for Unit Price Work
A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by
Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on
such matters before rendering a written decision thereon (by recommendation of an Application
for Payment or otherwise). Engineer's written decision thereon will be final and binding (except
as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner
and Contractor, subject to the provisions of Paragraph 10.05.
9.08 Decisions on Requirements of Contract Documents and Acceptability of Work
A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge
of the acceptability of the Work thereunder. All matters in question and other matters between
Owner and Contractor arising prior to the date final payment is due relating to the acceptability of
the Work, and the interpretation of the requirements of the Contract Documents pertaining to the
performance of the Work, will be referred initially to Engineer in writing within 30 days of the
event giving rise to the question.
B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If
Owner or Contractor believes that any such decision entitles them to an adjustment in the
Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date
of Engineer's decision shall be the date of the event giving rise to the issues referenced for the
purposes of Paragraph 10.05.13.
C. Engineer's written decision on the issue referred will be final and binding on Owner and
Contractor, subject to the provisions of Paragraph 10.05.
D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show
partiality to Owner or Contractor and will not be liable in connection with any interpretation or
decision rendered in good faith in such capacity.
9.09 Limitations on Engineer's Authority and Responsibilities
A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of
the Contract Documents nor any decision made by Engineer in good faith either to exercise or not
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exercise such authority or responsibility or the undertaking, exercise, or performance of any
authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract,
tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other
individual or entity, or to any surety for or employee or agent of any of them.
B. Engineer will not supervise, direct, control, or have authority over or be responsible for
Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. Engineer will not be responsible for
Contractor's failure to perform the Work in accordance with the Contract Documents.
C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor,
any Supplier, or of any other individual or entity performing any of the Work.
D. Engineer's review of the final Application for Payment and accompanying documentation and all
maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection,
tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will
only be to determine generally that their content complies with the requirements of, and in the
case of certificates of inspections, tests, and approvals that the results certified indicate
compliance with, the Contract Documents.
E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply
to the Resident Project Representative, if any, and assistants, if any.
9.10 Compliance with Safety Program
A. While at the Site, Engineer's employees and representatives shall comply with the specific
applicable requirements of Contractor's safety programs of which Engineer has been informed
pursuant to Paragraph 6.13.D.
ARTICLE 10 — CHANGES IN THE WORK; CLAIMS
10.01 Authorized Changes in the Work
A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or
from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a
Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed
with the Work involved which will be performed under the applicable conditions of the Contract
Documents (except as otherwise specifically provided).
B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any,
of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a
result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph
10.05.
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10.02 Unauthorized Changes in the Work
A. Contractor 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 amended, modified, or supplemented as provided in Paragraph 3.04, except in the
case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as
provided in Paragraph 13.04.D.
10.03 Execution of Change Orders
A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer
covering:
1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii)
required because of acceptance of defective Work under Paragraph 13.08.A or Owner's
correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties;
2. 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; and
3. changes in the Contract Price or Contract Times which embody the substance of any written
decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of
executing any such Change Order, an appeal may be taken from any such decision in
accordance with the provisions of the Contract Documents and applicable Laws and
Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the
Progress Schedule as provided in Paragraph 6.18.A.
10.04 Notification to Surety
A. If the provisions of any bond require notice to be given to a surety 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), the giving of any such notice will be Contractor's
responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any
such change.
10.05 Claims
A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09,
shall be referred to the Engineer for decision. A decision by Engineer shall be required as a
condition precedent to any exercise by Owner or Contractor of any rights or remedies either may
otherwise have under the Contract Documents or by Laws and Regulations in respect of such
Claims.
B. Notice: Written notice staring the general nature of each Claim shall be delivered by the claimant
to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after
the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with
the party making the Claim. Notice of the amount or extent of the Claim, with supporting data
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shall be delivered to the Engineer and the other party to the Contract within 60 days after the start
of such event (unless Engineer allows additional time for claimant to submit additional or more
accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be
prepared in accordance with the provisions of Paragraph 12.01.13. A Claim for an adjustment in
Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each
Claim shall be accompanied by claimant's written statement that the adjustment claimed is the
entire adjustment to which the claimant believes it is entitled as a result of said event. The
opposing party shall submit any response to Engineer and the claimant within 30 days after
receipt of the claimant's last submittal (unless Engineer allows additional time).
C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last
submittal of the claimant or the last submittal of the opposing party, if any, take one of the
following actions in writing:
1. deny the Claim in whole or in part;
2. approve the Claim; or
3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole
discretion, it would be inappropriate for the Engineer to do so. For purposes of further
resolution of the Claim, such notice shall be deemed a denial.
D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be
deemed denied.
E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or
10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor
invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or
denial.
F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in
accordance with this Paragraph 10.05.
ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK
11.01 Cost of the Work
A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in
Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the
Work. When the value of any Work covered by a Change Order or when a Claim for an
adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be
reimbursed to Contractor will be only those additional or incremental costs required because of
the change in the Work or because of the event giving rise to the Claim. Except as otherwise may
be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing
in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.013, and
shall include only the following items:
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1. Payroll costs for employees in the direct employ of Contractor in the performance of the
Work under schedules of job classifications agreed upon by Owner and Contractor. Such
employees shall include, without limitation, superintendents, foremen, and other personnel
employed full time on the Work. Payroll costs for employees not employed full time on the
Work shall be apportioned on the basis of their time spent on the 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 Work outside of regular working hours, on
Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by
Owner.
2. Cost of all materials and equipment furnished and incorporated in the Work, including costs
of transportation and storage thereof, and Suppliers' field services required in connection
therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with
Contractor 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 Contractor shall make provisions so that they may be
obtained.
3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If
required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable
to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with
the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that
the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the
Subcontractor's Cost of the Work and fee shall be determined in the same manner as
Contractor's Cost of the Work and fee as provided in this Paragraph 11.01.
4. Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, surveyors, attorneys, and accountants) employed for services specifically related
to the Work.
5. Supplemental costs including the following:
a. The proportion of necessary transportation, travel, and subsistence expenses of
Contractor'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 which remain the property of
Contractor.
c. Rentals of all construction equipment and machinery, and the parts thereof whether rented
from Contractor or others in accordance with rental agreements approved by Owner with
the advice of Engineer, and the costs of transportation, loading, unloading, assembly,
dismantling, and removal thereof. All such costs shall be in accordance with the terms of
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said rental agreements. The rental of any such equipment, machinery, or parts shall cease
when the use thereof is no longer necessary for the Work.
d. Sales, consumer, use, and other similar taxes related to the Work, and for which
Contractor is liable, as imposed by Laws and Regulations.
e. Deposits lost for causes other than negligence of Contractor, any 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 and damages (and related expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained by Contractor in connection with the
performance of the Work (except losses and damages within the deductible amounts of
property insurance established in accordance with Paragraph 5.06.D), provided such
losses and damages have resulted from causes other than the negligence of Contractor,
any 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 Contractor's fee.
g. The cost of utilities, fuel, and sanitary facilities at the Site.
h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the
Site, express and courier services, and similar petty cash items in connection with the
Work.
i. The costs of premiums for all bonds and insurance Contractor is required by the Contract
Documents to purchase and maintain.
B. Costs Excluded: The term Cost of the Work shall not include any of the following items:
1. Payroll costs and other compensation of Contractor's officers, executives, principals (of
partnerships and sole proprietorships), general managers, safety managers, engineers,
architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the
Site or in Contractor's principal or branch office for general administration of the Work and
not specifically included in the agreed upon schedule of job classifications referred to in
Paragraph 11.0l.A.1 or specifically covered by Paragraph 11.0l.A.4, all of which are to be
considered administrative costs covered by the Contractor's fee.
2. Expenses of Contractor's principal and branch offices other than Contractor's office at the
Site.
3. Any part of Contractor's capital expenses, including interest on Contractor's capital
employed for the Work and charges against Contractor for delinquent payments.
4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them may be liable, including but not
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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 Paragraphs 11.0I.A.
C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee
shall be determined as set forth in the Agreement. When the value of any Work covered by a
Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of
Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C.
D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to
Paragraphs 11.01.A and 11.01.13, Contractor will establish and maintain records thereof in
accordance with generally accepted accounting practices and submit in a form acceptable to
Engineer an itemized cost breakdown together with supporting data.
11.02 Allowances
A. It is understood that Contractor has included in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered to be performed for such sums and by
such persons or entities as may be acceptable to Owner and Engineer.
B. Cash Allowances:
1. Contractor agrees that:
a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of
materials and equipment required by the allowances to be delivered at the Site, and all
applicable taxes; and
b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead,
profit, and other expenses contemplated for the cash 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.
C. Contingency Allowance:
1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover
unanticipated costs.
D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer
to reflect actual amounts due Contractor on account of Work covered by allowances, and the
Contract Price shall be correspondingly adjusted.
11.03 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 Unit Price Work an amount equal to
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the sum of the unit price for each separately identified item of Unit Price Work times the
estimated quantity of each item as indicated in the Agreement.
B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial Contract Price. Determinations of the
actual quantities and classifications of Unit Price Work performed by Contractor will be made by
Engineer subject to the provisions of Paragraph 9.07.
C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to
cover Contractor's overhead and profit for each separately identified item.
D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance
with Paragraph 10.05 if:
1. the quantity of any item of Unit Price Work performed by Contractor differs materially and
significantly from the estimated quantity of such item indicated in the Agreement; and
2. there is no corresponding adjustment with respect to any other item of Work; and
3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of
having incurred additional expense or Owner believes that Owner is entitled to a decrease in
Contract Price and the parties are unable to agree as to the amount of any such increase or
decrease.
ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES
12.01 Change of Contract Price
A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the
Contract Price shall be based on written notice submitted by the party making the Claim to the
Engineer and the other party to the Contract in accordance with the provisions of Paragraph
10.05.
B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the
Contract Price will be determined as follows:
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 11.03); 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 12.0l.C.2); 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 12.01.11.2, on the basis of the
Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for
overhead and profit (determined as provided in Paragraph 12.01.Q.
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C. Contractor's Fee: The Contractor's fee for overhead and profit 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:
a. for costs incurred under Paragraphs 11.0I.A.1 and 11.0I.A.2, the Contractor's fee shall
be 15 percent;
b. for costs incurred under Paragraph 11.0l.A.3, the Contractor's fee shall be five percent;
c. 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 Paragraphs 12.0l.C.2.a and 12.0l.C.2.b is
that the Subcontractor who actually performs the Work, at whatever tier, will be paid a
fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0I.A.1
and 11.0I.A.2 and that any higher tier Subcontractor and Contractor will each be paid a
fee of five percent of the amount paid to the next lower tier Subcontractor;
d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.4,
11.0l.A.5, and 11.01.13;
e. the amount of credit to be allowed by Contractor 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 Contractor's fee by an amount equal to five percent of such net decrease;
and
f when both additions and credits are involved in any one change, the adjustment in
Contractor's fee shall be computed on the basis of the net change in accordance with
Paragraphs 12.0l.C.2.a through 12.0l.C.2.e,inclusive.
12.02 Change of Contract Times
A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in
the Contract Times shall be based on written notice submitted by the party making the Claim to
the Engineer and the other party to the Contract in accordance with the provisions of Paragraph
10.05.
B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an
adjustment in the Contract Times will be determined in accordance with the provisions of this
Article 12.
12.03 Delays
A. Where Contractor is prevented from completing any part of the Work within the Contract Times
due to delay beyond the control of Contractor, the Contract Times will be extended in an amount
equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph
12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or
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neglect by Owner, acts or neglect of utility owners or other contractors performing other work as
contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God.
B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as
contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or
interferes with the performance or progress of the Work, then Contractor shall be entitled to an
equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's
entitlement to an adjustment of the Contract Times is conditioned on such adjustment being
essential to Contractor's ability to complete the Work within the Contract Times.
C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic,
abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the
control of Owner, or other causes not the fault of and beyond control of Owner and Contractor,
then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment
is essential to Contractor's ability to complete the Work within the Contract Times. Such an
adjustment shall be Contractor's sole and exclusive remedy for the delays described in this
Paragraph 12.03.C.
D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants,
or subcontractors shall not be liable to Contractor 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 Contractor
on or in connection with any other project or anticipated project.
E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays
within the control of Contractor. Delays attributable to and within the control of a Subcontractor
or Supplier shall be deemed to be delays within the control of Contractor.
ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be
given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this
Article 13.
13.02 Access to Work
A. Owner, Engineer, their consultants and other representatives and personnel of Owner,
independent testing laboratories, and governmental agencies with jurisdictional interests will
have access to the Site and the Work at reasonable times for their observation, inspection, and
testing. Contractor shall provide them proper and safe conditions for such access and advise them
of Contractor's safety procedures and programs so that they may comply therewith as applicable.
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13.03 Tests and Inspections
A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required
inspections or tests.
B. Owner shall employ and pay for the services of an independent testing laboratory to perform all
inspections, tests, or approvals required by the Contract Documents except:
1. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.D below;
2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph
13.04.13 shall be paid as provided in Paragraph 13.04.C; and
3. as otherwise specifically provided in the Contract Documents.
C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof)
specifically to be inspected, tested, or approved by an employee or other representative of such
public body, Contractor shall assume full responsibility for arranging and obtaining such
inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the
required certificates of inspection or approval.
D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection
with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of
materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs,
or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in
the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to
Owner and Engineer.
E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by
Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer,
uncover such Work for observation.
F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless
Contractor has given Engineer timely notice of Contractor's intention to cover the same and
Engineer has not acted with reasonable promptness in response to such notice.
13.04 Uncovering Work
A. If any Work is covered contrary to the written request of Engineer, it must, if requested by
Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense.
B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or
inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or
otherwise make available for observation, inspection, or testing as Engineer may require, that
portion of the Work in question, furnishing all necessary labor, material, and equipment.
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C. If it is found that the uncovered Work is defective, Contractor shall pay 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 uncovering, exposure, observation, inspection, and testing, and of satisfactory
replacement or reconstruction (including but not limited to all costs of repair or replacement of
work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If
the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as
provided in Paragraph 10.05.
D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the
Contract Price or an extension of the Contract Times, or both, directly attributable to such
uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the
parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim
therefor as provided in Paragraph 10.05.
13.05 Owner May Stop the Work
A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable
materials or equipment, or fails to perform the Work in such a way that the completed Work will
conform to the Contract Documents, Owner may order Contractor to stop the Work, or any
portion thereof, until the cause for such order has been eliminated; however, this right of Owner
to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the
benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any
surety for, or employee or agent of any of them.
13.06 Correction or Removal of Defective Work
A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or
not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it
from the Project and replace it with Work that is not defective. Contractor shall pay 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 correction or removal (including but not limited
to all costs of repair or replacement of work of others).
B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07,
Contractor shall take no action that would void or otherwise impair Owner's special warranty and
guarantee, if any, on said Work.
13.07 Correction Period
A. If within one year after the date of Substantial Completion (or such longer period of time as may
be prescribed by the terms of any applicable special guarantee required by the Contract
Documents) or by any specific provision of the Contract Documents, any Work is found to be
defective, or if the repair of any damages to the land or areas made available for Contractor's use
by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to
be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's
written instructions:
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1. repair such defective land or areas; or
2. correct such defective Work; or
3. if the defective Work has been rejected by Owner, remove it from the Project and replace it
with Work that is not defective, and
4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work
of others or other land or areas resulting therefrom.
B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an
emergency where delay would cause serious risk of loss or damage, Owner may have the
defective Work corrected or repaired or may have the rejected Work removed and replaced. 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 correction or repair or such removal and
replacement (including but not limited to all costs of repair or replacement of work of others) will
be paid by Contractor.
C. 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 Specifications.
D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to
such Work will be extended for an additional period of one year after such correction or removal
and replacement has been satisfactorily completed.
E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or
warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a
waiver of, the provisions of any applicable statute of limitation or repose.
13.08 Acceptance of Defective Work
A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and,
prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may
do so. Contractor shall pay 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) attributable to Owner's evaluation of and
determination to accept such defective Work (such costs to be approved by Engineer as to
reasonableness) and for the diminished value of the Work to the extent not otherwise paid by
Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's
recommendation of final payment, a Change Order will be issued incorporating the necessary
revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an
appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted.
If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as
provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate
amount will be paid by Contractor to Owner.
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13.09 Owner May Correct Defective Work
A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective
Work, or to remove and replace rejected Work as required by Engineer in accordance with
Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract
Documents, or if Contractor fails to comply with any other provision of the Contract Documents,
Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency.
B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed
expeditiously. In connection with such corrective or remedial action, Owner may exclude
Contractor from all or part of the Site, take possession of all or part of the Work and suspend
Contractor's services related thereto, take possession of Contractor's tools, appliances,
construction equipment and machinery at the Site, and incorporate in the Work all materials and
equipment stored at the Site or for which Owner has paid Contractor but which are stored
elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees,
Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable
Owner to exercise the rights and remedies under this Paragraph.
C. 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) incurred or sustained by Owner in exercising the rights and remedies
under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued
incorporating the necessary revisions in the Contract Documents with respect to the Work; and
Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable
to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in
Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all
costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or
replacement of Contractor's defective Work.
D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the
performance of the Work attributable to the exercise by Owner of Owner's rights and remedies
under this Paragraph 13.09.
ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION
14.01 Schedule of Values
A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for
progress payments and will be incorporated into a form of Application for Payment acceptable to
Engineer. Progress payments on account of Unit Price Work will be based on the number of units
completed.
14.02 Progress Payments
A. Applications for Payments:
1. At least 20 days before the date established in the Agreement for each progress payment (but
not more often than once a month), Contractor shall submit to Engineer for review an
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Application for Payment filled out and signed by Contractor covering the Work completed as
of the date of the Application and accompanied by such supporting documentation as is
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 or other arrangements to protect
Owner's interest therein, all of which must be satisfactory to Owner.
2. Beginning with the second Application for Payment, each Application shall include an
affidavit of Contractor stating that all previous progress payments received on account of the
Work have been applied on account to discharge Contractor's legitimate obligations
associated with prior Applications for Payment.
3. The amount of retainage with respect to progress payments will be as stipulated in the
Agreement.
B. Review of Applications:
Engineer will, within 10 days after receipt of each Application for Payment, either indicate in
writing a recommendation of payment and present the Application to Owner or return the
Application to Contractor indicating in writing Engineer's reasons for refusing to recommend
payment. In the latter case, Contractor may make the necessary corrections and resubmit the
Application.
2. Engineer's recommendation of any payment requested in an Application for Payment will
constitute a representation by Engineer to Owner, based on Engineer's observations of the
executed Work as an experienced and qualified design professional, and on Engineer's
review of the Application for Payment and the accompanying data and schedules, that to the
best of Engineer's knowledge, information and belief:
a. the Work has progressed to the point indicated;
b. the quality of the Work is generally in accordance with the Contract Documents (subject
to an evaluation of the Work as a functioning whole prior to or upon Substantial
Completion, the results of any subsequent tests called for in the Contract Documents, a
final determination of quantities and classifications for Unit Price Work under Paragraph
9.07, and any other qualifications stated in the recommendation); and
c. the conditions precedent to Contractor's being entitled to such payment appear to have
been fulfilled in so far as it is Engineer's responsibility to observe the Work.
3. By recommending any such payment Engineer will not thereby be deemed to have
represented that:
a. inspections made to check the quality or the quantity of the Work as it has been
performed have been exhaustive, extended to every aspect of the Work in progress, or
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involved detailed inspections of the Work beyond the responsibilities specifically
assigned to Engineer in the Contract Documents; or
b. there may not be other matters or issues between the parties that might entitle Contractor
to be paid additionally by Owner or entitle Owner to withhold payment to Contractor.
4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments
nor Engineer's recommendation of any payment, including final payment, will impose
responsibility on Engineer:
a. to supervise, direct, or control the Work, or
b. for the means, methods, techniques, sequences, or procedures of construction, or the
safety precautions and programs incident thereto, or
c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's
performance of the Work, or
d. to make any examination to ascertain how or for what purposes Contractor has used the
moneys paid on account of the Contract Price, or
e. to determine that title to any of the Work, materials, or equipment has passed to Owner
free and clear of any Liens.
5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's
opinion, it would be incorrect to make the representations to Owner stated in
Paragraph 14.023.2. Engineer may also refuse to recommend any such payment or, because
of subsequently discovered evidence or the results of subsequent inspections or tests, revise
or revoke any such payment recommendation previously made, to such extent as may be
necessary in Engineer's opinion to protect Owner from loss because:
a. the Work is defective, or completed Work has been damaged, requiring correction or
replacement;
b. the Contract Price has been reduced by Change Orders;
c. Owner has been required to correct defective Work or complete Work in accordance with
Paragraph 13.09; or
d. Engineer has actual knowledge of the occurrence of any of the events enumerated in
Paragraph 15.02.A.
C. Payment Becomes Due:
1. Ten days after presentation of the Application for Payment to Owner with Engineer's
recommendation, the amount recommended will (subject to the provisions of Paragraph
14.02.D) become due, and when due will be paid by Owner to Contractor.
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D. Reduction in Payment:
1. Owner may refuse to make payment of the full amount recommended by Engineer because:
a. claims have been made against Owner on account of Contractor's performance or
furnishing of the Work;
b. Liens have been filed in connection with the Work, except where Contractor has
delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of
such Liens;
c. there are other items entitling Owner to a set-off against the amount recommended; or
d. Owner has actual knowledge of the occurrence of any of the events enumerated in
Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A.
2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will
give Contractor immediate written notice (with a copy to Engineer) stating the reasons for
such action and promptly pay Contractor any amount remaining after deduction of the
amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any
adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons
for such action.
3. Upon a subsequent determination that Owner's refusal of payment was not justified, the
amount wrongfully withheld shall be treated as an amount due as determined by Paragraph
14.02.C.I and subject to interest as provided in the Agreement.
14.03 Contractor's Warranty of Title
A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by
any Application for Payment, whether incorporated in the Project or not, will pass to Owner no
later than the time of payment free and clear of all Liens.
14.04 Substantial Completion
A. When Contractor considers the entire Work ready for its intended use Contractor shall notify
Owner and Engineer in writing that the entire Work is substantially complete (except for items
specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of
Substantial Completion.
B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an
inspection of the Work to determine the status of completion. If Engineer does not consider the
Work substantially complete, Engineer will notify Contractor in writing giving the reasons
therefor.
C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative
certificate of Substantial Completion which shall fix the date of Substantial Completion. There
shall be attached to the certificate a tentative list of items to be completed or corrected before
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final payment. Owner shall have seven days after receipt of the tentative certificate during which
to make written objection to Engineer as to any provisions of the certificate or attached list. If,
after considering such objections, Engineer concludes that the Work is not substantially
complete, Engineer will, within 14 days after submission of the tentative certificate to Owner,
notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's
objections, Engineer considers the Work substantially complete, Engineer will, within said 14
days, execute and deliver to Owner and Contractor a definitive certificate of Substantial
Completion (with a revised tentative list of items to be completed or corrected) reflecting such
changes from the tentative certificate as Engineer believes justified after consideration of any
objections from Owner.
D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will
deliver to Owner and Contractor a written recommendation as to division of responsibilities
pending final payment between Owner and Contractor with respect to security, operation, safety,
and protection of the Work, maintenance, heat, utilities, insurance, and warranties and
guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in
writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's
aforesaid recommendation will be binding on Owner and Contractor until final payment.
E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial
Completion subject to allowing Contractor reasonable access to remove its property and
complete or correct items on the tentative list.
14.05 Partial Utilization
A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially
completed part of the Work which has specifically been identified in the Contract Documents, or
which Owner, Engineer, and Contractor agree constitutes a separately fimctioning and usable part
of the Work that can be used by Owner for its intended purpose without significant interference
with Contractor's performance of the remainder of the Work, subject to the following conditions:
1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any
such part of the Work which Owner believes to be ready for its intended use and substantially
complete. If and when Contractor agrees that such part of the Work is substantially complete,
Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D
for that part of the Work.
2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers
any such part of the Work ready for its intended use and substantially complete and request
Engineer to issue a certificate of Substantial Completion for that part of the Work.
3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall
make an inspection of that part of the Work to determine its status of completion. If Engineer
does not consider that part of the Work to be substantially complete, Engineer will notify
Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part
of the Work to be substantially complete, the provisions of Paragraph 14.04 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.
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4. No use or occupancy or separate operation of part of the Work may occur prior to compliance
with the requirements of Paragraph 5.10 regarding property insurance.
14.06 Final Inspection
A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is
complete, Engineer will promptly make a final inspection with Owner and Contractor and will
notify Contractor in writing of all particulars in which this inspection reveals that the Work is
incomplete or defective. Contractor shall immediately take such measures as are necessary to
complete such Work or remedy such deficiencies.
14.07 Final Payment
A. Application for Payment:
1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections
identified during the final inspection and has delivered, in accordance with the Contract
Documents, all maintenance and operating instructions, schedules, guarantees, bonds,
certificates or other evidence of insurance, certificates of inspection, marked -up record
documents (as provided in Paragraph 6.12), and other documents, Contractor may make
application for final payment following the procedure for progress payments.
2. The final Application for Payment shall be accompanied (except as previously delivered) by:
a. all documentation called for in the Contract Documents, including but not limited to the
evidence of insurance required by Paragraph 5.04.13.6;
b. consent of the surety, if any, to final payment;
c. a list of all Claims against Owner that Contractor believes are unsettled; and
d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien
rights arising out of or Liens filed in connection with the Work.
3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved
by Owner, Contractor may famish receipts or releases in full and an affidavit of Contractor
that: (i) the releases and receipts include all labor, services, material, and equipment for
which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other
indebtedness connected with the Work for which Owner might in any way be responsible, or
which might in any way result in liens or other burdens on Owner's property, have been paid
or otherwise satisfied. If any Subcontractor or Supplier fails to finnish such a release or
receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to
indemnify Owner against any Lien.
B. Engineer's Review of Application and Acceptance:
1. If, on the basis of Engineer's observation of the Work during construction and final
inspection, and Engineer's review of the final Application for Payment and accompanying
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documentation as required by the Contract Documents, Engineer is satisfied that the Work
has been completed and Contractor's other obligations under the Contract Documents have
been fulfilled, Engineer will, within ten days after receipt of the final Application for
Payment, indicate in writing Engineer's recommendation of payment and present the
Application for Payment to Owner for payment. At the same time Engineer will also give
written notice to Owner and Contractor that the Work is acceptable subject to the provisions
of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to
Contractor, indicating in writing the reasons for refusing to recommend final payment, in
which case Contractor shall make the necessary corrections and resubmit the Application for
Payment.
C. Payment Becomes Due:
1. Thirty days after the presentation to Owner of the Application for Payment and
accompanying documentation, the amount recommended by Engineer, less any sum Owner is
entitled to set off against Engineer's recommendation, including but not limited to liquidated
damages, will become due and will be paid by Owner to Contractor.
14.08 Final Completion Delayed
A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if
Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment
(for Work fully completed and accepted) and recommendation of Engineer, and without
terminating the Contract, make payment of the balance due for that portion of the Work fully
completed and accepted. If the remaining balance to be held by Owner for Work not fully
completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have
been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of
the balance due for that portion of the Work fully completed and accepted shall be submitted by
Contractor to Engineer with the Application for such payment. Such payment shall be made
under the terms and conditions governing final payment, except that it shall not constitute a
waiver of Claims.
14.09 Waiver of Claims
A. The making and acceptance of final payment will constitute:
1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled
Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06,
from failure to comply with the Contract Documents or the terms of any special guarantees
specified therein, or from Contractor's continuing obligations under the Contract Documents;
and
2. a waiver of all Claims by Contractor against Owner other than those previously made in
accordance with the requirements herein and expressly acknowledged by Owner in writing as
still unsettled.
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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 consecutive days by notice in writing to Contractor and Engineer which will
fix the date on which Work will be resumed. Contractor shall resume the Work on the date so
fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the
Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim
therefor as provided in Paragraph 10.05.
15.02 Owner May Terminate for Cause
A. The occurrence of anyone or more of the following events will justify termination for cause:
1. Contractor'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 failure to adhere to the Progress Schedule established
under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04);
2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction;
3. Contractor's repeated disregard of the authority of Engineer; or
4. Contractor's violation in any substantial way of any provisions of the Contract Documents.
B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving
Contractor (and surety) seven days written notice of its intent to terminate the services of
Contractor:
1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's
tools, appliances, construction equipment, and machinery at the Site, and use the same to the
full extent they could be used by Contractor (without liability to Contractor for trespass or
conversion);
2. incorporate in the Work all materials and equipment stored at the Site or for which Owner
has paid Contractor but which are stored elsewhere; and
3. complete the Work as Owner may deem expedient
C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive
any further payment until the Work is completed. If the unpaid balance of the Contract Price
exceeds 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) sustained by Owner arising out of or relating to completing the Work,
such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such
unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and
damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when
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so approved by Engineer, 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.
D. Notwithstanding Paragraphs 15.02.13 and 15.02.C, Contractor's services will not be terminated if
Contractor begins within seven 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.
E. Where Contractor's services have been so terminated by Owner, the termination will not affect
any rights or remedies of Owner against Contractor then existing or which may thereafter accrue.
Any retention or payment of moneys due Contractor by Owner will not release Contractor from
liability.
F. If and to the extent that Contractor has provided a performance bond under the provisions of
Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of
Paragraphs 15.02.13 and 15.02.C.
15.03 Owner May Terminate For Convenience
A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and
without prejudice to any other right or remedy of Owner, terminate the Contract. In such case,
Contractor shall be paid for (without duplication of any items):
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. 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) incurred in settlement of terminated contracts with Subcontractors,
Suppliers, and others; and
4. reasonable expenses directly attributable to termination.
B. Contractor 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 Contractor May Stop Work or Terminate
A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive
days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on
any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days
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to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days
written notice to Owner and Engineer, and provided Owner or Engineer do 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.
B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer
has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has
failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven
days after written notice to Owner and Engineer, stop the Work until payment is made of all such
amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are
not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an
adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly
attributable to Contractor's stopping the Work as permitted by this Paragraph.
ARTICLE 16 — DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a
decision under Paragraph 10.05 before such decision becomes final and binding. The mediation
will be governed by the Construction Industry Mediation Rules of the American Arbitration
Association in effect as of the Effective Date of the Agreement. The request for mediation shall
be submitted in writing to the American Arbitration Association and the other party to the
Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E.
B. Owner and Contractor shall participate in the mediation process in good faith. The process shall
be concluded within 60 days of filing of the request. The date of termination of the mediation
shall be determined by application of the mediation rules referenced above.
C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial
pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after
termination of the mediation unless, within that time period, Owner or Contractor:
elects in writing to invoke any dispute resolution process provided for in the Supplementary
Conditions; or
2. agrees with the other party to submit the Claim to another dispute resolution process; or
3. gives written notice to the other party of the intent to submit the Claim to a court of
competent jurisdiction.
ARTICLE 17 — MISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given if
E' fCnC C-700 Standard General Conditions of the Construction Contract
Copyright® 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Pace 61 of 62

delivered in person to the individual or to a member of the firm or to an officer of the
corporation for whom it is intended; or
2. delivered at or sent by registered or certified mail, postage prepaid, to the last business
address known to the giver of the notice.
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. 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, any rights and remedies available to any or all of them which are otherwise
imposed or available by Laws or Regulations, by special warranty or guarantee, or by other
provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if
repeated specifically in the Contract Documents in connection with each particular duty,
obligation, right, and remedy to which they apply.
17.04 Survival of Obligations
A. All representations, indemnifications, warranties, and guarantees made in, required by, or given
in accordance with the Contract Documents, as well as all continuing obligations indicated in the
Contract Documents, will survive final payment, completion, and acceptance of the Work or
termination or completion of the Contract or termination of the services of Contractor.
17.05 Controlling Law
A. This Contract is to be governed by the law of the state in which the Project is located.
17.06 Headings
A. Article and paragraph headings are inserted for convenience only and do not constitute parts of
these General Conditions.
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright ® 2007 National Society of Professional Engineers for EJCDC. AO rights reserved
Page 62 of 62

SUPPLEMENTARY CONDITIONS
These Supplementary Conditions amend or supplement the Standard General Conditions of the
Construction Contract (C-700, 2007 Edition) and other provisions of the Contract Documents as
indicated below. All provisions, which are not so amended or supplemented, remain in full force
and effect.
The terms used in these Supplementary Conditions will have the meanings indicated in the
General Conditions. Additional terms used in these Supplementary Conditions have the
meanings indicated below, which are applicable to both the singular and plural thereof.
ARTICLE SC -1,
ARTICLE SC -2,
ARTICLE SC -3,
ARTICLE SC -4,
ARTICLE SC -5,
ARTICLE SC -6,
ARTICLE SC -9,
ARTICLE SC -11,
ARTICLE SC -12,
ARTICLE SC -14,
ARTICLE SC -16.
TABLE OF CONTENTS
DEFINITIONS AND TERMINOLOGY.............................................................1
PRELIMINARY MATTERS.............................................................................2
CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ..........................3
AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCEPOINTS...................................................................................3
BONDS AND INSURANCE............................................................................4
CONTRACTOR'S RESPONSIBILITIES.........................................................6
ENGINEER'S STATUS DURING CONSTRUCTION......................................8
COST OF THE WORK, CASH ALLOWANCES; UNIT PRICE WORK ........... 8
CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES .......... 9
PAYMENTS TO CONTRACTOR AND COMPLETION.................................10
DISPUTE RESOLUTION.............................................................................10
ARTICLE SC -1, DEFINITIONS AND TERMINOLOGY
The Specifications are written in imperative mood and streamlined form. This imperative
language is directed to the Contractor, unless specifically noted otherwise. The words "shall be"
are included by inference where a colon (:) is used within sentences or phrases.
SC -1.01.A.3. Add the following language to the end of Paragraph 1.01.A.3
The Application for Payment form to be used on this Project is EJCDC No. C-620. Contractor
may use their standard computerized forms for providing detail payment breakdown as an
attachment to summary sheet. Agency must approve all Applications for Payment before
payment is made.
SC -1.01.A.9. Add the following language to the end of Paragraph 1.01.A.9:
The Change Order form to be used on this Project is EJCDC No. C-941. Agency approval is
required before Change Orders are effective.
The Engineer's Consultants on this project are:
Add the following definitions to the General Conditions:
A.52 The term "minority business" means a business:
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In which at least fifty-one percent (51%) is owned by one or more minority persons
or socially and economically disadvantaged individuals, or in the case of a
corporation, in which at least fifty-one percent (51%) of the stock is owned by one
or more minority persons or socially and economically disadvantaged individuals;
and
Of which the management and daily business operations are controlled by one or
more of the minority persons or socially and economically disadvantaged individuals
who own it.
A.53 The term "minority person" means a person who is a citizen or lawful permanent
resident of the United States and who is:
a. Black, that is, a person having origins in any of the black racial groups in Africa;
b. Hispanic, that is, a person of Spanish or Portuguese culture with origins in Mexico,
South or Central America, or the Caribbean Islands, regardless of race;
c. Asian American, that is, a person having origins in any of the original peoples of the
Far East, Southeast Asia and Asia, the Indian subcontinent, or the Pacific Islands;
d. American Indian, that is, a person having origins in any of the original Indian
peoples of North America; or
e. Female.
A.54 The term "socially and economically disadvantaged individual' means the same as
defined in 15 U.S.C. 637; "Socially disadvantaged individuals are those who have been
subjected to racial or ethnic prejudice or cultural bias because of their identity as a
member of a group without regard to their individual qualities". "Economically
disadvantaged individuals are those socially disadvantaged individuals whose ability to
compete in the free enterprise system has been impaired due to diminished capital and
credit opportunities as compared to others in the same business area who are not
socially disadvantaged."
A.55 Notice of Violation: A written notification from a governmental agency that the Owner
has violated a law or regulation that the agency has jurisdiction over. Notice will take the
form used by the agency and may outline action to be taken by the Owner to correct the
violation and may include a monetary fine.
A.56 Regular Working Hours: Regular working hours for the project are defined as 8:00 am
to 5:00 pm, Eastern Standard Time.
ARTICLE SC -2, PRELIMINARY MATTERS
SC -2.02 Delete the word "ten" and insert "five" in its place in paragraph 2.02.
SC -2.03.A Delete paragraph 2.03.A in its entirety and insert the following in its place:
2.03.A The Contract Times will commence to run on the day indicated in the Notice to
Proceed. A Notice to Proceed will be issued at any time within 30 days after the
Effective Date of the Agreement or a date agreed to by the Owner and Contractor.
Supplementary Conditions 00800-2 3097-F : 05/18/15
Document prepared in accordance with EJCDC No. C-800 (2007) & RUS Bulletin 1780-26, Attachment H, 10/2009

ARTICLE SC -3, CONTRACT DOCUMENTS: INTENT AMENDING REUSE
SC -3.01.8 Add the following paragraph 3.01.13.1 to the General Conditions:
3.01.6.1 Division 1, General Requirements, govern the execution of the work of all sections
of the specifications.
ARTICLE SC -4, AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL
CONDITIONS: REFERENCE POINTS
SC 4.01 Add the following paragraph 4.01.D to the General Conditions:
The concrete driveway to Heavens Gate Church shall remain open and
contractor shall be responsible for any damage to driveway.
The old house behind Ernie's Tool Time shall not be damaged.
SC 4.02 Add the following new paragraph(s) immediately after paragraph 4.02.B:
C. In the preparation of Drawings and Specifications, Engineer or Engineer's Consultants
relied upon the following reports of explorations and tests of subsurface conditions at the
Site:
Atlantic Coast Engineering and Testing, Inc
8 Lockheed Court
Greensboro, NC 27409
"Drillers Report of Power Auger Borings
Davidson County — Old Salisbury Road Project
Lexington NC
ACET File Number AC -5337
D. In the preparation of Drawings and Specifications, Engineer or Engineer's Consultants
relied upon the following drawings of physical conditions to existing surface and
subsurface structures (except Underground Facilities) which are at or contiguous to the
site of the Work.
Sheet C10 — Site Utility Plan
Frenzelit North America, Inc.
New Production Facility and Offices
4165 Old Salisbury Road
Lexington NC 27295
Sealed by Steve Causey License Number 19701
E. Copies of reports and drawings itemized in SC -4.02.0 and SC -4.02.D that are not
included with Bidding Documents may be examined at the Engineer's office during regular
business hours. These reports and drawings are not part of the Contract Documents, but
the "technical data" contained therein upon which Contractor may rely as identified and
established above are incorporated therein by reference. Contractor is not entitled to rely
upon other information and data utilized by Engineer and Engineer's Consultants in the
preparation of Drawings and Specifications.
SC -4.04.A.2 The following shall be added to paragraph 4.04.A.2:
e. Contractor shall follow the North Carolina General Statutes, Chapter 87, Article 8
Underground Damage Prevention.
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Document prepared in accordance with EJCDC No. C-800 (2007) & RUS Bulletin 1780-26, Attachment H, 10/2009

Notifying owners of underground facilities prior to start of Work.
g. Investigating ahead of the Work to verify the existence of Underground Facilities
h. Assuming risks and repairing damage caused by the Work to existing Underground
Facilities whether indicated or not in the Contract Documents. Repairs to Underground
Facilities shall be done to the satisfaction of the Underground Facility owner and may
require material and methods, which are better than the existing Facility. Underground
Facility owner reserves the right to repair damage by the Contractor to their underground
Facilities. If the Owner exercises this right, the owner's cost of this Work shall be
deducted from the money due the Contractor.
Uncovering Underground Facilities, with that owners approval, that are located within the
Work as necessary for Engineer to determine the requirements for the change in the
work.
SC 4.06 Delete paragraph 4.06.A and 4.06.13 in their entirety and insert the following:
A. No reports or drawings of Hazardous Environmental Conditions at or contiguous to the
Site are known to the Owner or Engineer.
B. Not used.
SC -4.07 Add the following new paragraph after SC -4.06:
SC -4.07 Miscellaneous Site Conditions
A. The Contractor shall perform video inspections and take photographs of the proposed
construction areas before disturbing the site in order to establish an accurate record of the
pre -construction conditions for comparison to the final work. The Contractor shall provide
the Owner with copies of all video and photographic records at the appropriate times (i.e.,
pre -construction and post -construction). The cost of video and photographic work shall
be incidental to the contract and no separate payment will be made by the Owner.
ARTICLE SC -5, BONDS AND INSURANCE
SC -5.01 Add the following paragraphs immediately following paragraph 5.01.0
D. The contractor shall provide the following Bonds in addition to the Performance and
Payment Bonds required in the General Conditions:
1. A Performance and Indemnity Bond shall be expected and posted with the N.C.
Division of Highways in the amount as required in the Project Encroachment
Contract as attached to the end of this Section.
SC -5.04 Add the following new paragraphs immediately after paragraph 5.04.6:
C. Limits of liability for the insurance required by paragraph 5.04 of the General Conditions
shall provide coverage for not less than the following amounts or greater where required
by Laws and Regulations:
Supplementary Conditions 00800-4 3097-F : 05/18/15
Document prepared in accordance with EJCDC No. C-800 (2007) & RUS Bulletin 1780-26, Attachment H, 10/2009

1. Worker's Compensation, and related coverage under paragraphs 5.04.A.1 and
5.04.A.2 of the General Conditions:
a. State: Statutory - Per the Workers' Compensation Laws
of the State of North Carolina.
b. Applicable Federal
(e.g., Longshoremen's) Statutory
c. Employers Liability: $500,000
2. Contractor's General Liability under paragraphs 5.04.A.3 through 5.04.A.6 of the
General Conditions, which shall include completed operations and product liability
coverages and eliminate the exclusion with respect to property under the care,
custody and control of the Contractor:
a. General Aggregate
b. Products & Completed Operations Aggregate
c. Personal & Advertising Injury
d. Each Occurrence (Bodily Injury & Property Damage)
e. Property Damage liability insurance will provide
Explosion, Collapse, and Under -ground coverages
where applicable.
f. Fire Damage
g. Medical Expense
3. Excess or Umbrella Liability:
1) General Aggregate
2) Each Occurrence
$2,000,000.00
$2,000,000.00
$1,000,000.00
$1,000,000.00
$50,000.00
$5,000.00
$5,000,000.00
$5,000,000.00
4. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions:
a. Bodily Injury:
Each person
Each Accident
b. Property Damage:
Each Accident
$1,000,000.00
$1,000,000.00
$1,000,000.00
OR (i.e., either a. and b. or c.)
c. Combined Single Limit of $1,000,000.00
5. The Contractual Liability coverage required by Paragraph 5.04.B.3 of the General
Conditions shall provide coverage for not less than the following amounts:
a. Bodily Injury:
Each person
Each Accident
b. Property Damage:
Each Accident
Annual Aggregate
$2,000,000.00
$2,000,000.00
$2,000,000.00
$2,000,000.00
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Document prepared in accordance with EJCDC No. C-800 (2007) & RUS Bulletin 1780-26, Attachment H, 10/2009

SC -5.06.A Delete paragraph 5.06.A in its entirety and insert the following in its place.
A. General Contractor shall purchase and maintain property insurance upon the Work at
the Site in the amount as shown below. This insurance shall comply with Paragraphs
5.06.A.1 through 5.06.A.7 of the General Conditions which shall remain in effect.
Property Insurance
Full Replacement Cost of Work
SC -5.06.A Add the following paragraphs after 5.06.A.7.
8. include a waiver of occupancy clause endorsement, which will enable the Owner to
occupy the facility under construction / renovation during such activity.
9. be responsible for deductible or self-insured retention.
10. when a contract includes the installation of equipment into an existing structure, the
above policy shall include an "Installation Floater' endorsement covering same. This
includes installation and transit.
11. name Owner as insured in the policy.
ARTICLE SC -6, CONTRACTOR'S RESPONSIBILITIES
SC -6.02 Add the following paragraphs after 6.02.B:
C. Overtime Work: If Contractor's Work requires inspection as determined by the Engineer
more than 10 hours in a work day or 40 hours in a work week, Monday through Friday
excluding holidays, or on the weekends he shall submit a written request to the Engineer
five (5) working days prior to the scheduled Work. Contractor shall pay for the Resident
Project Representative's time beyond the above hours at the rate of $75.00 / hour.
D. The above will not prevent the Contractor from working outside the above time that will
not require the inspector to be present. Such work may include; start up, clean up,
seeding, painting (after the base surface has been approved by the inspector), and
similar items. Contractor shall obtain approval of Work to be performed outside of the
above work hours.
Contractor shall not be charged for inspector's time for Work specifically identified by
the Contract Documents to be performed outside the above Work time or on weekends.
SC -6.05.0 Amend the paragraph by creating two subpagraphs under the title "C. Engineer's
Evaluation." The paragraph text shall be retitled "6.05.C.2 After Effective Date of
Agreement.". A new paragraph is added before this paragraph to read as follows:
During Bidding. The Contract, if
equipment specified or described in
equipment as defined in paragraph
materials and equipment approved
materials and equipment described
required type, function, and quality
awarded, will be on the basis of materials and
the Bidding Documents, or "or -equal" materials and
6.05 of the General Conditions, or those substitute
by the Engineer and identified by Addendum. The
in the Bidding Documents establish a standard of
to be met by any proposed substitute or "or -equal"
Supplementary Conditions 00800-6 3097-F: 05/18/15
Document prepared in accordance with EJCDC No. C-800 (2007) & RUS Bulletin 1780-26, Attachment H, 10/2009

item. Request for Engineer's clarification of materials and equipment considered "or -
equal" prior to the Effective Date of the Agreement must be received by the Engineer at
least 5 days prior to the date for receipt of Bids. No item of material or equipment will
be considered by Engineer as a substitute unless written request for approval has been
submitted by Bidder and has been received by Engineer at least 15 days prior to the
date for receipt of Bids. Each request shall conform to the requirements of Paragraph
6.05 of the General Conditions. The burden of proof of the merit of the proposed item is
upon the Bidder. Engineer's decision of approval or disapproval of a proposed item will
be final. If Engineer approves any proposed substitute item, such approval will be set
forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon
approvals made in any other manner.
SC -6.06.C.3 Add the following paragraph immediately after paragraph 6.06.C2:
Owner or Engineer may furnish to any such Subcontractor or Supplier to the extent
practical, information about amounts paid to Contractor on account of Work performed
for Contractor by a particular Subcontractor or Supplier.
SC -6.06 Add a new paragraph immediately after Paragraph 6.06.G:
H. The Contractor shall not award work valued at more than fifty (50%) percent of the
Contract Price to Subcontractor(s), without prior written approval of the Owner.
SC -6.08 Add the following paragraph after 6.08.A:
B. Owner shall obtain and pay for the following permits:
1. NCDENR Erosion Control Permit (project site only)
2. DWQ Wastewater Permit
3. N.C. DOT Encroachment Agreement
These permits are made part of this contract and attached to the end of this Section.
This paragraph does not relieve Contractor of his responsibility to comply with applicable
Laws and Regulations as stated in Paragraph 6.09.
SC -6.09 Add the following paragraph(s) after 6.09.C:
D. Contractor shall be responsible for conforming to the requirements of the approved
sedimentation control plan, the rules and regulations of the Erosion Control Laws of the
State of North Carolina, specifically the Sedimentation Pollution Control Act of 1973
(G.S. 113A) as amended, and the local jurisdiction where the project is located as it
relates to land disturbing activities undertaken by Contractor. Contractor shall be
responsible to Owner for any fines imposed on Owner as a result of Contractor's failure
to comply with the above as it is further described in the Erosion Control Section of the
Specifications.
E. Contractor shall be responsible for conforming to the requirements (including associated
construction costs) of the N.C. Department of Transportation Encroachment Agreement,
and all other local, state, and federal permits associated with the project.
F. Should the Contractor cause the Owner to receive a Notice of Violation from a
governmental agency, Contractor shall pay costs associated with Notice of Violation
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Document prepared in accordance with EJCDC No. C-800 (2007) & RUS Bulletin 1780-26, Attachment H, 10/2009

within ten (10) days of receipt of written notification. Costs shall include, but not be
limited to:
1. Fines imposed on the Owner by the agency.
2. Required legal newspaper publications concerning violation.
3. Required mailings to customers concerning notification of violation.
4. Administrative, engineering, and construction costs associated with resolving the
Notice of Violation.
G. Notice of Violation may include, but not be limited to, the following problems:
1. Sewage spill.
2. Inadequate erosion control measures.
3 Equipment failure during the warranty period.
H. In the event of a sewage spill during construction, Contractor shall take the following
steps as a minimum:
1. Take immediate action to contain the spill.
2. Notify the Owner and Engineer within 30 minutes of realizing a spill has
occurred.
3. Clean up the spill as directed by the Owner. Contractor shall bare all costs
associated with cleanup.
SC -6.12 Add a new paragraph after paragraph 6.12.A:
B. Record Documents shall be updated daily. Should the Engineer determine that the
Record Documents are not being properly maintained, approval of future payment
requests shall be withheld.
SC -6.17 Add the following new paragraphs immediately after Paragraph 6.17.E:
F. Contractor shall furnish required submittals with sufficient information and accuracy in
order to obtain required approval of an item with no more than three submittals.
Engineer will record Engineer's time for reviewing subsequent submittals of Shop
Drawings, samples or other items requiring approval and Contractor shall reimburse
Owner for Engineer's charges for such time.
G. In the event that Contractor requests a substitution for a previously approved item,
Contractor shall reimburse Owner for Engineer's charges for such time unless the need
for such substitution is beyond the control of Contractor.
ARTICLE SC -9, ENGINEER'S STATUS DURING CONSTRUCTION
SC -9.03.A Add the following language at the end of paragraph 9.03.A:
The Engineer will provide Part Time Construction Observation services for this project. The
Duties, Responsibilities, and Limitations of Authority of the Part Time Construction Observer will
be as stated in the Agreement Between Owner and Engineer.
ARTICLE SC -11, COST OF THE WORK, CASH ALLOWANCES: UNIT PRICE WORK
SC-11.01.A.5.c, Delete Paragraph 11.01.A.5.c in its entirety and insert the following in its place:
Supplementary Conditions 00800-8 3097-F: 05/18/15
Document prepared in accordance with EJCDC No. C-800 (2007) & RUS Bulletin 1780-26, Attachment H, 10/2009

C. Construction Equipment and Machinery:
1. Rentals of all construction equipment and machinery, and the parts thereof in
accordance with rental agreements approved by Owner with the advice of Engineer, and
the costs of transportation, loading, unloading, assembly, dismantling, and removal
thereof. All such costs shall be in accordance with the terms of said rental agreements.
The rental of any such equipment, machinery, or parts shall cease when the use thereof
is no longer necessary for the Work.
2. Costs for equipment and machinery owned by Contractor will be paid at a rate
shown for such equipment in the Rental Rate Blue Book (latest edition). An hourly rate
will be computed by dividing the monthly rates by 176. These computed rates will
include all operating costs. Costs will include the time the equipment or machinery is in
use on the changed Work and the costs of transportation, loading, unloading, assembly,
dismantling, and removal when directly attributable to the changed Work. The cost of
any such equipment or machinery, or parts thereof, shall cease to accrue when the use
thereof is no longer necessary for the changed Work. Equipment or machinery with a
value of less than $1,000 will be considered small tools.
SC -11.03.D.1 Delete Paragraph 11.03.D.1 in its entirety and insert the following in its place:
if the Bid price of a particular item of Unit Price Work amounts to 5 percent or more of
the Contract Price and the variation in the quantity of that particular item of Unit Price
Work performed by Contractor differs by more than 25 percent from the estimated
quantity of such item indicated in the Agreement; and
ARTICLE SC -12. CHANGE OF CONTRACT PRICE: CHANGE OF CONTRACT TIMES
SC -12.02 Add the following paragraph after 12.02.B:
C. Time Extension: Contract time extensions for weather delays do not entitle Contractor to
"extended overhead" recovery.
SC -12.03 Add the following paragraphs after 12.03.E:
Time extension for weather delays due to rain shall only be considered for above
average precipitation. NOAA Report No. 20 shall be used to determine the average
number of days with precipitation greater than or equal to 0.10 inch for each month. A
link to this report is as follows: http://cdo.ncdc.noaa.gov/climatenormals/clim20/state-
pdf/nc.pdf .
G. Claims for additional Contract Time for delays beyond the Contractor's control shall be
submitted in accordance with Article 10 of the General Conditions with the Contractor's
monthly pay request. Submittal shall include the number of days requested and the
reason for the delay. Engineer shall notify the Owner and Contractor of his decision in
accordance with Article 10 of the General Conditions. Approval of time shall be included
in a Change Order.
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Document prepared in accordance with EJCDC No. C-800 (2007) & RUS Bulletin 1780-26, Attachment H, 10/2009

ARTICLE SC -14, PAYMENTS TO CONTRACTOR AND COMPLETION
SC -14.02.A Add the following to the end of paragraph 14.02.A.3:
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 Contractor.
SC -14.02.A Add the following new paragraph after paragraph 14.02.A.3:
4. The Application for Payment form to be used on this project is EJCDC No. C-620. The
Agency must approve all Applications for Payment before payment is made.
SC -14.02.0 Delete paragraph 14.02.C.1 in its entirety and insert the following in its place:
The Application for Payment with Engineer's recommendations will be presented to the
Owner and Agency for consideration. If both the Owner and Agency find the Application
for Payment acceptable, the recommended amount less any reduction under the
provisions of Paragraph 14.02.D will become due 20 days after the Application for
Payment is presented to the Owner, and the Owner will make payment to the
Contractor.
ARTICLE SC -16, DISPUTE RESOLUTION
SC -16.01.A, Delete the second and third sentence in Paragraph 16.01 A.
SC -16.01.8, Delete Paragraph 16.01.B in its entirety and replace it with the following:
B. Disputes shall be resolved in accordance with the dispute resolution process adopted on
February 26, 2002 by the N. C. State Building Commission. The "Rules Implementing
Mediated Settlement Conferences in North Carolina Public Construction Projects" are
attached to this section.
SC -16.01.C, Delete Paragraph 16.01.0 in its entirety and replace it with the following:
C. All parties agree that only the North Carolina courts shall have jurisdiction over the
Contract and any controversies arising out of this Contract and this agreement shall be
governed by and construed in accordance with the laws of the State of North Carolina.
END OF DOCUMENT
Supplementary Conditions 00800-10 3097-F : 05/18/15
Document prepared in accordance with EJCDC No. C-800 (2007) B RUS Bulletin 1780-26, Attachment H, 10/2009

Minority Business Contract Provisions -
Minority Business Subcontract Goals:
The goals for participation by minority firms as subcontractors on this project have been set at
10%.
The bidder must identify on its bid, the minority business that will be utilized on the project with
corresponding total dollar value of the bid and affidavit (Affidavit A) listing good faith efforts or
affidavit (Affidavit B) of self -performance of work, if the bidder will perform work under contract
by its own workforce, as required by GS 143-128.2(c) and GS 143-128.2(f).
The lowest responsible, responsive bidder must provide Affidavit C, that includes a description of
the portion of work to be executed by minority businesses, expressed as a percentage of the
total contract price, which is equal to or more than the applicable goal.
Provide Affidavit D, that includes a description of the portion of work to be executed by minority
businesses, expressed as a percentage of the total contract price, with documentation of Good
Faith Effort, if the percentage is not equal to the applicable goal.
OR
Provide Affidavit B, which includes sufficient information for the Owner to determine that the
bidder does not customarily subcontract work on this type project.
The above information must be provided as required. Failure to submit these documents is
grounds for rejection of the bid.

Minimum Compliance Requirements:
All written statements, affidavits or intentions made by the Bidder shall become a part of the
agreement between the Contractor and the Owner for the performance of this contract. Failure
to comply with any of these statements, affidavits or intentions, or with the minority business
guidelines shall constitute a breach of the contract. A finding by the Owner that any information
submitted either prior to award of the contract or during the performance of the contract is
inaccurate, false or incomplete, shall also constitute a breach of the contract. Any such breach
may result in termination of the contract in accordance with the termination provisions contained
in the contract. It shall be solely at the option of the Owner whether to terminate the contract for
breach.
In determining whether a contractor has made Good Faith Efforts, the Owner will evaluate all
efforts made by the Contractor and will determine compliance in regard to quantity, intensity, and
results of these efforts. Good Faith Efforts include:
1. Contracting minority businesses that reasonably could have been expected to submit a quote
and that were known to the contractor or available on State or local government maintained
lists at least 10 days before the bid or proposal date and notifying them of the nature and
scope of the work to be performed.
2. Making the construction plans, specifications and requirements available for review by
prospective minority businesses, or providing these documents to them at least 10 days
before the bid or proposals are due.
3. Breaking down or combining elements of work into economically feasible units to facilitate
minority participation.
4. Worked with minority trade, community, or contractor organizations identified by the Office of
Historically Underutilized Businesses and included in the bid documents that provide
assistance in recruitment of minority businesses.
5. Attended pre-bid meetings scheduled by the public owner.
6. Provided assistance in getting required bonding or insurance or provided alternatives to
bonding or insurance for subcontractors.
7. Negotiated in good faith with interested minority businesses and did not reject them as
unqualified without sound reasons based on their capabilities. Any rejection of a minority
business based on lack of qualification should have the reasons documented in writing.
8. Provided assistance to an otherwise qualified minority business in need of equipment, loan
capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit,
including waiving credit that is ordinarily required. Assisted minority businesses in obtaining
the same unit pricing with the bidder's supplies in order to help minority businesses in
establishing credit.
9. Negotiated joint venture and partnership arrangements with minority businesses in order to
increase opportunities for minority business participation on a public construction or repair
project when possible.
10. Provided quick pay agreements and policies to enable minority contractors and suppliers to
meet cash-flow demands.

Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid
Identification of Minority Business Participation
9 a'� Kn(' TT k) C
Do hereby certify that on this project, we will use the following minority business enterprises as
construction subcontractors, vendors, suppliers or providers of professional services.
Firm Name, Address and Phone #
Work Type
*Minority Category
d ��
V
t'S
'Minority categories: Black, African American (B), Hispanic (H), Asian American (A),
American Indian (1), Female (F), Socially and Economically Disadvantaged (D)
The total value of minority business contracting will be $ 1 -L-) oUU,"�
This equals to 9 0 Ir- % of contract.
Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid

Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid I
AFFIDAVIT A — Listing of the Good Faith Efforts
Davidson County, North Carolina
Affidavit of
(Bidder)
I have made a good faith effort to comply under the following areas checked:
(A minimum of 5 areas must be checked in order to have achieved a "good faith effort')
0 1- Contracted minority businesses that reasonably could have been expected to submit a
quote and that were known to the contractor, or available on State or local government
maintained lists, at least 10 days before the bid date and notified them of the nature and
scope of the work to be performed.
2- Made the construction plans, specifications and requirements available for review by
prospective minority businesses or providing these documents to them at least 10 days
before the bids are due.
0 3- Broken down or combined elements of work into economically feasible units to facilitate
minority participation.
4- Worked with minority trade, community, or contractor organizations identified by the Office
of Historically Underutilized Businesses and included in the bid documents that provide
assistance in recruitment of minority businesses.
0 5- Attended pre-bid meetings scheduled by the public owner.
6- Provided assistance in getting required bonding or insurance or provided alternatives to
bonding or insurance for subcontractors.
7- Negotiated in good faith with interested minority businesses and did not reject them as
unqualified without sound reasons based on their capabilities. Any rejection of a minority
business based on lack of qualification should have the reasons documented in writing.
8- Provided assistance to an otherwise qualified minority business in need of equipment, loan
capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit,
including waiving credit that is ordinarily required. Assisted minority businesses in obtaining
the same unit pricing with the bidder's supplies in order to help minority businesses in
establishing credit.
0 9- Negotiated joint venture and partnership arrangements with minority businesses in order
to increase opportunities for minority business participation on a public construction or repair
project when possible.
10- Provided quick pay agreements and policies to enable minority contractors and suppliers
to meet cash-flow demands.
I Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid

Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid
In accordance with GS 143-128.2 (d) the undersigned will enter into a formal agreement with the
firms listed in the Identification of Minority Business Participation schedule conditional upon
execution of a contract with the Owner. Failure to abide by the statutory provision will constitute a
breach of the contract. The undersigned hereby certifies that he or she has read the terms of the
minority business commitment and is authorized to bind the bidder to the commitment herein set
forth.
Date:
SEAL
Name of Authorized Officer:
Signature:
Title:
State of North Carolina, County of
Subscribed and sworn to before me this day of
Notary Public
My commission expires
20
I Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid I

Attach to Bid Attach to Bid .Attach to Bid Attach to Bid ,Attach to Bid Attach to Bid Attach to Bid Attach to Bid
AFFIDAVIT 8 — Intent to Perform Contract with Own Workforce
Davidson County, North Carolina
Affidavit of
I hereby certify that it is our intent to perform 100% of the work required for the
Contract.
in making this certification, the Bidder states that the Bidder does not customarily subcontract
elements of this type project, and normally performs and has the capability to perform and will
perform all elements of the work on this project with bidder's own work forces; and
The Bidder agrees to provide any additional information or documentation required by the owner in
support of the above statement.
The undersigned hereby certifies that they have read this certification and is authorized to bind the
Bidder to the commitments herein contained.
tA�TARY
SLAL
P UG
. .
Name of Auttozed Officer: , ES la rj-r— U`
Signature:
Title: Q
State of North Carolina, County of Attwvtn to
Subscribed and sworn �tt befope me this l0 day of t, 20 ►�
/I
Notary Public ws!<J V 2S XAtk,'.S
My commission expires 8.19 79
I Attach to Bid Attach to Rid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid

THIS FORM IS NOT TO BE SUBMITTED WITH THE BID DOCUMENTS
AFFIDAVIT C Portion of the Work to be Performed by Minority Firms
Davidson County, North Carolina
L`tha portion of the work to be executed by minority Businesses as defined m GS 143-128.2(g) is equal to or greater than 10%
of the bidders total contract price, then the bidder most complete this affidavit. This affidavit shallbe provided by the apparent
lowest responsible, responsive bidder within 72 hours after notification ofbeing low bidder.
Affidavit of��6) L , yy
IffT
1 hereby certify that on the
ULD YZoao SCWCi
Name of Proleat
Project 113 Amount of Bid $2z.
I will expend a minimum of --<b—% of the total dollar amount of the contract with minority business
enterprises. Minority businesses will be employed as construction subcontractors, vendors,
suppliers or providers of professional services. Such work will be subcontracted to the following
firms listed below.

AFFIDAVIT D — Good Faith Efforts
Davidson County, North Carolina
If the goal of 10% participation by the minority business is not achieved, the Bidder shall provide the following
documentation to the Owner of his good faith efforts:
Affidavit of
I do certify the attached documentation as true and accurate representation of my good faith efforts.
Name and Phone Number I *Minority Category I Work Description I Dollar Value I
*Minority categories: Black, African American (B), Hispanic (H), Asian American (A),
American Indian (1), Female (F), Socially and Economically Disadvantaged (D)
Documentation of the Bidder's good faith efforts to meet the goals set forth in these provisions.
Examples of documentation include, but are not limited to, the following evidence:
A. Copies of solicitations for quotes to at least three (3) minority business firms from the
source list provided by the State for each subcontract to be let under this contract (if 3 or
more firms are shown on the source list). Each solicitation shall contain a specific description
of the work to be subcontracted, location where bid documents can be reviewed,
representative of the Prime Bidder to contract, and location, date and time when quotes must
be received.
B. Copies of quotes or responses received from each firm responding to the solicitation.
C. A telephone log of follow-up calls to each firm sent a solicitation.
D. For subcontracts where a minority business firm is not considered the lowest responsible
sub -bidder, copies of quotes received from all firms submitting quotes for that particular
subcontract.
E. Documentation of any contracts or correspondence to minority business, community, or
contractor organizations in an attempt to meet the goal.
F. Copy of pre-bid roster.
G. Letter documenting efforts to provide assistance in obtaining required bonding or
insurance for minority business.

H. Letter detailing reasons for rejection of minority business due to lack of qualification.
I. Letter documenting proposed assistance offered to minority business in need of equipment,
loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letter of
credit, including waiving credit that is ordinarily required.
Failure to provide the documentation as listed in these provisions may result in rejection of the bid
and award to the next lowest responsible and responsive bidder.
Date: Name of Authorized Officer:
Signature:
Title:
State of North Carolina, County of
Subscribed and sworn to before me this day of
Notary Public
My commission expires
20

THIS DOCUMENT MUST BE SUBMITTED WITH EACH PAY REQUEST & FINAL PAYMENT
APPENDIX E
MBE DOCUMENTATION FOR CONTRACT PAYMENTS
Prime Contractor / Architect:
Address & Phone:
Project
Pay Application
Period:
The following is a list of payments to be made to minority business contractors on this project for the
above-mentioned period.
Firm Name *Minority Category Payment Amount Owner Use Only
*Minority categories: Black, African American (B), Hispanic (H), Asian American (A),
American Indian (1), Female (F), Socially and Economically Disadvantaged (D)
Date: Approved / Certified By:
Name
Title
Signature
I THIS DOCUMENT MUST BE SUBMITTED WITH EACH PAY REQUEST & FINAL PAYMENT

RULES FOR IMPLEMENTING MEDIATED
SETTLEMENT CONFERENCES IN
THE COUNTY OF DAVIDSON CONSTRUCTION PROJECTS
Table of Rules
RULE
1. Initiating Mediated Settlement Conferences
A. Purpose of Mandatory Settlement Conferences
B. Initiating the Dispute Resolution Process
2. Selection of Mediator
A. Selection of Certified Mediator by Agreement of the Parties
B. Nomination and Court Approval of a Non -Certified Mediator
C. Appointment of Mediator by The County of Davidson
D. Mediator Information Directory
E. Disqualification of Mediator
3. The Mediated Settlement Conference
A. Where Conference is to be Held
B. When Conference is to be Held
C. Request to Extend Deadline for Completion
D. Recesses
E. The Mediated Settlement Conference shall not be cause for the Delay of the
Construction Project, which is the focus of the Dispute
4. Duties of Parties and Other Participants in Formal Dispute Resolution Process
A. Attendance
B. Finalizing Agreement
C. The Mediation Fee shall be paid in accordance with N.C.G.S. 143-128(fl)
D. Failure to Compensate Mediator
Authority and Duties of Mediators
A. Authority of Mediator.
B. Duties of Mediator
6. Compensation of the Mediator
A. By Agreement.
B. By Appointment
Mediator Certification
8. Rule Amendments
9. Time Limits

RULE 1. INITIATING MEDIATED SETTLEMENT CONFERENCES
A. Purpose of Mandatory Settlement Conferences. Pursuant to N.C.G.S. 143-12811, these
Rules are promulgated to implement a system of settlement events, which are designated
to focus the parties' attention on settlement rather than on claim preparation and to
provide a structured opportunity for settlement negotiations to take place. Nothing herein
is intended to limit or prevent the parties from engaging in settlement procedures
voluntarily at any time prior to or during commencement of the dispute resolution
process.
B. Initiating the Dispute Resolution Process
1. Any party to a County of Davidson contract governed by N.C.G.S. 143-128.fl
and who is a party to a dispute arising out of the construction process in which the
amount in controversy is at least $15,000 may submit a written request to The
County of Davidson for mediation of the dispute.
2. Prior to submission of a written request for mediation to The County of Davidson,
the parties requesting mediation,
a. If a prime contractor, must have first submitted its claim to the Project
Designer for review. If the dispute is not resolved through the Project
Designer's instructions, then the dispute is eligible for mediation in the
Formal Dispute Resolution Process, and the party may submit their written
request for mediation to The County of Davidson.
b. If the party requesting mediation is a subcontractor, it must first have
submitted its claim for mediation to the prime contractor with whom it has
a contract. If the dispute is not resolved through the Prime Contractor's
involvement, then the dispute is eligible for mediation in the Formal
Dispute Resolution Process, and the party may submit its written request
for mediation to The County of Davidson.
C. If the party requesting mediation is the Project Designer, then it must first
submit its claim to The County of Davidson to resolve. If the dispute is
not resolved with The County of Davidson's involvement, then the Project
Designers' dispute is eligible for mediation in the Formal Dispute
Resolution Process, and the Project Designer may submit its written
request to The County of Davidson for mediation.

RULE 2. SELECTION OF MEDIATOR
A. Selection of Certified Mediator by Agreement of the Parties. The parties may select a
certified mediator pursuant to the Rules by agreement within 21 days of requesting
mediation. The requesting party shall file with The County of Davidson a Notice of
Selection of Mediator by Agreement within 10 days of the request; however, any party
may file the notice. Such notice shall state the name, address and telephone number of
the mediator selected; state the rate of compensation of the mediator; state that the
mediator and opposing counsel have agreed upon the selection and rate of compensation;
and state that the mediator is certified pursuant to these Rules.
B. Nomination and The County of Davidson Approval of a Non -Certified Mediator. The
parties may select a mediator who does not meet the certification requirements of these
Rules but who, in the opinion of the parties and The County of Davidson is otherwise
qualified by training or experience to mediate the action.
If the parties select a non -certified mediator, the requesting party shall file with The
County of Davidson a Nomination of Non -Certified Mediator within 10 days of the
request. Such nomination shall state the name, address and telephone number of the
mediator; state the training, experience or other qualifications of the mediator; state the
rate of compensation of the mediator; and state that the mediator and opposing counsel
have agreed upon the selection and rate of compensation.
The County of Davidson shall rule on said nomination, shall approve or disapprove of the
parties' nomination and shall notify the parties of its decision.
C. Appointment of Mediator by the County of Davidson. If the parties cannot agree upon
the selection of a mediator, the party or party's attorney shall notify The County of
Davidson and request, on behalf of the parties, that The County of Davidson appoint a
mediator. The request for appointment must be filed within 10 days after request to
mediate and shall state that the parties have had a full and frank discussion concerning
the selection of a mediator and have been unable to agree. The request shall state
whether any party prefers a certified attorney mediator, and if so, The County of
Davidson shall appoint a certified attorney mediator. If no preference is expressed, The
County of Davidson may appoint a certified attorney mediator or a certified non -attorney
mediator.
D. Mediator Information Directory. To assist the parties in the selection of a mediator by
agreement, the parties are free to utilize the list of certified mediators maintained in any
county participating in the Superior Court Mediation Settlement Conference Program .
E. Disqualification of Mediator. Any party may request replacement of the mediator by The
County of Davidson for good cause. Nothing in this provision shall preclude mediators
from disqualifying themselves.
3

RULE 3. THE MEDIATED SETTLEMENT CONFERENCE
A. Where Conference is to be Held. The mediated settlement conference shall be held in The
County of Davidson. The mediator shall be responsible for reserving a place and making
arrangements for the conference and for giving timely notice of the time and location of
the conference to all attorneys, unrepresented parties and other persons and entities
required to attend.
B. When Conference is to be Held. The deadline for completion of the mediation shall be
not less than 30 days nor more than 60 days after the naming of the mediator.
C. Request to Extend Deadline for Completion. A party, or the mediator, may request The
County of Davidson extend the deadline for completion of the conference. Such request
shall state the reasons the extension is sought and shall be served by the moving party
upon the other parties and the mediator. If any party does not consent to the request said
party shall promptly communicate its objection to The County of Davidson.
The County of Davidson may grant the request by setting a new deadline for completion
of the conference.
D. Recesses. The mediator may recess the conference at any time and may set times for
reconvening. If the time for reconvening is set before the conference is recessed, no
further notification is required for persons present at the conference.
E. The mediated settlement conference shall not be cause for the delay of the
construction proiect which is the focus of the dispute.
rd

RULE 4. DUTIES OF PARTIES AND OTHER PARTICIPANTS IN FORMAL DISPUTE
RESOLUTION PROCESS
A. Attendance.
All parties to the dispute originally presented to the Designer or Prime Contractor
for initial resolution must attend the mediation. Failure of a party to a
construction contract to attend the mediation will result in The County of
Davidson's withholding of monthly payment to that party until such party attends
the mediation.
2. Attendance shall constitute physical attendance, not by telephone or other
electronic means. Any attendee on behalf of a party must have authority from
that party to bind it to any agreement reached as a result of the mediation.
3. Attorneys on behalf of parties may attend the mediation but are not required to do
so.
4. Sureties or insurance company representatives are not required to attend the
mediation unless any monies paid or to be paid as a result of any agreement
reached as a result of mediation require their presence or acquiescence. If such
agreement or presence is required, then authorized representatives of the surety or
insurance company must attend the mediation.
B. Finalizing Agreement. If an agreement is reached in the conference, parties to the
agreement shall reduce the terms to writing and sign it along with their counsel.
C. Mediation Fee. The mediation fee shall be paid in accordance with N.C.G.S. 143-
128.1(g).
D. Failure to compensate mediator. Any party's failure to compensate the mediators in
accordance with N.C.G.S. 143-128.1(g) shall subject that party to a withholding of said
amount of money from the party's monthly payment by The County of Davidson.
5

RULE 5. AUTHORITY AND DUTIES OF MEDIATORS
A. Authority of Mediator.
1. Control of Conference. The mediator shall at all times be in control of the
conference and the procedures to be followed.
2. Private Consultation. The mediator may communicate privately with any
participant or counsel prior to and during the conference. The fact that private
communications have occurred with a participant shall be disclosed to all other
participants at the beginning of the conference.
3. Scheduling the Conference. The mediator shall make a good faith effort to
schedule the conference at a time that is convenient with the participants,
attorneys and mediator. In the absence of agreement, the mediator shall select the
date for the conference.
B. Duties of Mediator
1. The mediator shall define and describe the following at the beginning of the
conference:
a. The process of mediation;
b. The difference between mediation and other forms of conflict resolution;
C. The costs of the mediated settlement conference;
d. That the mediated settlement conference is not a trial, the mediator is not a
judge, and the parties retain their legal rights if they do not reach
settlement;
e. The circumstances under which the mediator may meet and communicate
privately with any of the parties or with any other person;
f. Whether and under what conditions communications with the mediator
will be held in confidence during the conference;
g. The inadmissibility of conduct and statements as provided by N.C.G.S.
7A-38.1;
h. The duties and responsibilities of the mediator and the participants; and
i. That any agreement reached will be reached by mutual consent.
2.

2. Disclosure. The mediator has a duty to be impartial and to advise all participants
of any circumstance bearing on possible bias, prejudice or partiality.
3. Declaring Impasse. It is the duty of the mediator to timely determine that an
impasse exists and that the conference should end.
4. Reporting Results of Conference. The mediator shall report to The County of
Davidson within 10 days of the conference whether or not an agreement was
reached by the parties. If an agreement was reached, the report shall state the
nature of said agreement. The mediator's report shall inform The County of
Davidson of the absence of any party known to the mediator to have been absent
from the mediated settlement conference without permission. The County of
Davidson may require the mediator to provide statistical data for evaluation of the
mediated settlement conference program.
5. Scheduling. and Holding the Conference. It is the duty of the mediator to schedule
the conference and conduct it prior to the deadline of completion set by the Rules.
Deadlines for completion of the conference shall be strictly observed by the
mediator unless said time limit is changed by a written order from The County of
Davidson.
RULE 6. COMPENSATION OF THE MEDIATOR
A. By Agreement. When the mediator is stipulated by the parties, compensation shall be as
agreed upon between the parties and the mediator provided that the provision of N.C.G.S.
143-128.1(g) are observed.
B. By Apmointment. When the mediator is appointed by The County of Davidson, the
parties shall compensate the mediator for mediation services at the rate in accordance
with the rate charged for Superior Court mediation. The parties shall also pay to the
mediator a one-time per case administrative rate in accordance with the rate charged for
Superior Court mediation, which is due upon appointment.
7

RULE 7. MEDIATOR CERTIFICATION.
All mediators certified in the Formal Dispute Resolution Program shall be properly certified in
accordance with the rules certifying mediators in Superior Court in North Carolina. (Except
when otherwise allowed by The County of Davidson upon the request of the parties to the
mediation.)
When selecting mediators, the parties may designate a preference for mediators with a
background in construction law or public construction contracting. Such requirements, while
preferred, are not mandatory under these Rules.
All mediators chosen must either demonstrate they are certified in accordance with the Rules
Implementing Scheduled Mediated Settlement Conference in Superior Court or must gain the
consent of The County of Davidson to mediate any dispute in accordance with these Rules.
RULE 8. RULE MAKING.
These Rules are subject to amendment by The County of Davidson at any time the County deems
it appropriate.
RULE 9. TIME LIMITS.
Any time limit provided for by these Rules may be waived or extended by the mediator it
appoints for good cause shown. If the mediator has not yet been appointed, the Designer of
Record shall decide all waivers or extensions of time for good cause shown.
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Certificate of Substantial Completion
Project:
Owner. I Dwners Comma No.::
Davidson County
comma:
Engineer's Projea No.:
This [tentative] [definitive] Certificate of Substantial Completion applies to:
❑ All Work under the Contract Documents: ❑ The following specified portions:
Date of Substantial Completion
The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor and Engineer,
and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is
hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents, except as
stated below.
A [tentative] [revised tentative] [definitive] list of items to be completed or corrected, is attached hereto. This list may not be all-
inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in
accordance with the Contract Documents.
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities,
Insurance and warranties shall be as provided in the Contract Documents except as amended as follows:
❑ Amended Responsibilities ❑ Not Amended
Owner's Amended Responsibilities:
Contractor's Amended Responsibilities:
The following documents are attached to and made part of this Certificate:
This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of
Contractor's obligation to complete the Work in accordance with the Contract Documents.
Executed by Engineer
Date
Accepted by Contractor Date
Amepted by Owner
Date
3097-F: 04/20/15 00625-1 Certificate of Substantial Completion
EJCDC No. C-625 (2007 Edition) Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the
Construction Specifications Institute.

Date of Issuance:
Project:
Contract:
Contractor:
Effective Date:
Contract No.:
of Contract:
Project No.:
Change Order
No.
The Contract Documents are modified as follows upon execution of this Change Order:
Description:
Attachments (list documents supporting change):
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES:
Original Contract Price: Original Contract Times: ❑ Working days ❑ Calendar days
Substantial completion (days or date):
$ Ready for final payment (days or date):
[Increase] [Decrease] from previously approved [Increase] [Decrease] from previously approved Change Orders
Change Orders No. to No. No. to No.
Contract Price prior to this Change Order:
[Increase] [Decrease] of this Change Order:
Substantial completion (days): _
Ready for final payment (days):
Contract Times prior to this Change Order:
Substantial completion (days or date): _
Ready for final payment (days or date): _
[Increase] [Decrease] of this Change Order:
Substantial completion (days or date):
Ready for final payment (days or date):
Contract Price incorporating this Change Order: Contract Times with all approved Change Orders:
Substantial completion (days or date): _
Ready for final payment (days or date):
RECOMMENDED: ACCEPTED: ACCEPTED:
LE
Engineer (Authorized Signature)
Date:
LE
Owner (Authorized Signature)
Date:
Approved by Funding Agency (if applicable):
LE
Contractor (Authorized Signature)
Date:
Date:
EJCDC C-941 Change Order Change Order No. [ ]
Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute.
Page 1 of 2

Change Order
Instructions
A. GENERAL INFORMATION
This document was developed to provide a uniform format for handling contract changes that affect Contract
Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated
into a subsequent Change Order if they affect Price or Times.
Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The
practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary
disputes.
If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed.
For supplemental instructions and minor changes not involving a change in the Contract Price or Contract
Times, a Field Order should be used.
B. COMPLETING THE CHANGE ORDER FORM
Engineer normally initiates the form, including a description of the changes involved and attachments based
upon documents and proposals submitted by Contractor, or requests from Owner, or both.
Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for
approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a
negotiated agreement for a previously performed change. After approval by one contracting party, all copies
should be sent to the other party for approval. Engineer should make distribution of executed copies after
approval by both parties.
If a change only applies to price or to times, cross out the part of the tabulation that does not apply.
EJCDC C -vat Change order Change Order No. [ ]
Prepared by the Engineers Joan Contract Documents Co ttee and eralmed by the Consnuc[ion Specifications hnsshnne.
Pane 2 of 2

RUNRR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
March 17, 2015
Mr. Alan Carson, Manager
City of Lexington
28 West Center Street
Lexington, NC 27292
Subject: Permit No. WQ0037658
City of Lexington
Old Salisbury Road Sewer
Wastewater Collection System Extension Permit
Davidson County
Dear Mr. Carson:
Donald R. van der Vaart
Secretary
In accordance with your application received March 12, 2015, we are forwarding herewith Permit No.
WQ0037658 dated March 17, 2015, to the City of Lexington (Permittee) for the construction and
operation upon certification of the subject wastewater collection system extension. This permit shall be
effective from the date of issuance until rescinded and shall be subject to the conditions and limitations
as specified therein. This cover letter shall be considered a part of this permit and is therefore
incorporated therein by reference.
Please pay particular attention to the following conditions contained within this permit:
Condition I.1: This permit shall not be automatically transferable; a request must be made and
approved.
Condition IA: Requires that the wastewater collection facilities be properly operated and maintained
in accordance with 15A NCAC 2T.0403 or any individual system -wide collection system
permit issued to the Permittee.
It shall be responsibility of the Permittee to ensure that the as -constructed project meets the
appropriate design criteria and rules. Failure to comply may result in penalties in accordance with North
Carolina General Statute §143-215.6A through §143-215.6C, construction of additional or replacement
wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to
the licensing board.
450 West Hanes Mill Road, Suite 300, Winston-Salem, NC 27105
Phone: [phone] \ Internet: www.ncwatercluality.org
An Equal Opportunity \ Affirmative Action Employer—Made in part by recycled paper

City of Lexington
Permit No. WO0037658
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right
to request an adjudicatory hearing upon written request within 30 days following receipt of this permit.
This request must be in the form of a written petition, conforming to Chapter 1506 of North Carolina
General Statutes, and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
NC 27699-6714. Unless such demands are made, this permit shall be final and binding.
If you need additional information concerning this matter, please contact Mike Mickey at (336) 776-
9697 or via e-mail at [e-mail].
Sincerely,
for S. Jay Zimmerman, Director
Division of Water Resources, NCDENR
by Sherri V. Knight, PE, Assistant Regional Supervisor
Water Quality Regional Operations Section
Winston-Salem Regional Office
Division of Water Resources, NCDENR
cc: John Grey, PE (The Wooten Company, 350 N, Cox Street, Suite 26, Asheboro, NC 27203)
Winston-Salem Regional Office Files
Water Resources Central Files
PERCS (electronic copy)
Page 2 of 8

A
NCDENR
STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAND NATURAL RESOURCES
WASTEWATER COLLECTION SYSTEM EXTENSION PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations, permission is hereby granted to the
City of Lexington
Davidson County
for the construction and operation of approximately 2,991 linear feet of 8 -inch gravity sewer to serve a
90 employee business as part of the Old Salisbury Road Sewer project, and the discharge of 3,150
gallons per day of collected domestic wastewater into the City of Lexington's existing sewerage system,
pursuant to the application received March 12, 2015, and in conformity with 15A NCAC 2T; the
Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as applicable; the
Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations and Force Mains
adopted June 1, 2000 as applicable; and other supporting data subsequently filed and approved by the
Department of Environment and Natural Resources and considered a part of this permit.
This permit shall be effective from the date of issuance until rescinded and shall be subject to the
specified conditions and limitations contained therein.
for S. Jay Zimmerman, Director
Division of Water Resources, NCDENR
By Authority of The Environmental Management Commission
Permit Number: WQ0037658
Permit Issued: March 17, 2015
Page 3 of 8

SUPPLEMENT TO PERMIT COVER SHEET
City of Lexington is hereby authorized to:
Construct, and then operate upon certification the aforementioned wastewater collection extension.
The sewage and wastewater collected by this system shall be treated in the City of Lexington
Wastewater Treatment Facility in accordance with Permit Number NC0055786.
Permitting of this project does not constitute an acceptance of any part of the project that does not
meet 15A NCAC 2T; the Division's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 as
applicable; and the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump Stations
and Force Mains adopted June 1, 2000 as applicable, unless specifically mentioned herein. Division
approval is based on acceptance of the certification provided by a North Carolina -licensed Professional
Engineer in the application. It shall be the Permittee's responsibility to ensure that the as -constructed
project meets the appropriate design criteria and rules.
Construction and operation is contingent upon compliance with the Standard Conditions identified
below.
II. STANDARD CONDITIONS
1. This permit shall not be transferable. In the event there is a desire for the wastewater collection
facilities to change ownership, or there is a name change of the Permittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, and
other supporting materials as may be appropriate. The approval of this request shall be considered
on its merits and may or may not be approved. [15A NCAC 027.0104; G.S 143-215.1(d3))
2. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCAC 2T; the Division's Gravity Sewer Minimum
Design Criteria adopted February 12, 1996 as applicable; the Division's Minimum Design Criteria for
the Fast -Track Permitting of Pump Stations and Force Mains adopted lune 1, 2000 as applicable; and
other supporting materials unless specifically mentioned herein. [15A NCAC 02T.0110)
3. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data. [15A NCAC 02T.01101
4. The wastewater collection facilities shall be properly maintained and operated at all times. The
Permittee shall maintain compliance with an individual system -wide collection system permit for the
operation and maintenance of these facilities as required by 15A NCAC 2T .0403. If an individual
permit is not required, the following performance criteria shall be met: [15A NCAC 02T .0108(b)]:
The sewer system shall be effectively maintained and operated at all times to prevent discharge
to land or surface waters, and to prevent any contravention of groundwater standards or
surface water standards.
b. A map of the sewer system shall be developed and shall be actively maintained.
Page 4 of 8

c. An operation and maintenance plan including pump station inspection frequency, preventative
maintenance schedule, spare parts inventory and overflow response has been developed and
implemented.
d. Pump stations that are not connected to a telemetry system shall be inspected every day (i.e.
365 days per year). Pump stations that are connected to a telemetry system shall be inspected
at least once per week.
e. High-priority sewer lines shall be inspected at least once per every six -months and inspections
are documented.
f. A general observation of the entire sewer system shall be conducted at least once per year.
g. Overflows and bypasses shall be reported to the appropriate Division regional office in
accordance with 15A NCAC 2B .0506(a), and public notice shall be provided as required by North
Carolina General Statute 4143-215.1C.
h. A Grease Control Program is in place as follows:
1. For public owned collection systems, the Grease Control Program shall include at least
biannual distribution of educational materials for both commercial and residential users and
the legal means to require grease interceptors at existing establishments. The plan shall also
include legal means for inspections of the grease interceptors, enforcement for violators and
the legal means to control grease entering the system from other public and private satellite
sewer systems.
2. For privately owned collection systems, the Grease Control Program shall include at least bi-
annual distribution of grease education materials to users of the collection system by the
permittee or its representative.
3. Grease education materials shall be distributed more often than required in Parts (1) and (2)
of this Subparagraph if necessary to prevent grease -related sanitary sewer overflows.
Right-of-ways and easements shall be maintained in the full easement width for personnel and
equipment accessibility.
j. Documentation shall be kept for Subparagraphs (a) through (i) of this Rule for a minimum of
three years with exception of the map, which shall be maintained for the life of the system.
5. The Permittee shall report by telephone to a water resources staff member at the Winston-Salem
Regional Office, telephone number [phone], as soon as possible, but in no case more than 24
hours, following the occurrence or first knowledge of the occurrence of either of the following:
a. Any process unit failure, due to known or unknown reasons, that renders the facility
incapable of adequate wastewater transport, such as mechanical or electrical failures of
pumps, line blockage or breakage, etc.; or
b. Any S50 and/or spill over 1,000 gallons; or
c. Any SSO and/or spill, regardless of volume, that reaches surface water
Page 5 of 8

Voice mail messages or faxed information is permissible, but this shall not be considered as the
initial verbal report. Overflows and spills occurring outside normal business hours may also be
reported to the Division of Emergency Management at telephone number [phone] or (919)
733-3300. Persons reporting any of the above occurrences shall file a spill report by completing and
submitting Part I of Form CS-SSO (or the most current Division approved form) within five days
following first knowledge of the occurrence. This report must outline the actions taken or proposed
to be taken to ensure that the problem does not recur. Part II of Form CS-SSO (or the most current
Division approved form) can also be completed to show that the SSO was beyond control. [G.S. 143-
215.1C(al)]
6. Construction of the gravity sewers, pump stations, and force mains shall be scheduled so as not to
interrupt service by the existing utilities nor result in an overflow or bypass discharge of wastewater
to the surface waters of the State. [15A NCAC 02T.0108(b)]
7. Upon completion of construction and prior to operation of these permitted facilities, the completed
Engineering Certification form attached to this permit shall be submitted with the required
supporting documents to the address provided on the form. A complete certification is one where
the form is fully executed and the supporting documents are provided as applicable. Any
wastewater flow made tributary to the wastewater collection system extension prior to completion
of this Engineer's Certification shall be considered a violation of the permit and shall subject the
Permittee to appropriate enforcement actions.
If the permit is issued to a private entity with an Operational Agreement, then a copy of the
Articles of Incorporation, Declarations/Covenants/Restrictions, and Bylaws that have been
appropriately filed with the applicable County's Register of Deeds office shall be submitted with
the certification.
A complete certification is one where the form is fully executed and the supporting documents are
provided as applicable. Supporting documentation shall include the following:
a. One copy of the project construction record drawings (plan & profile views of sewer lines &
force mains) of the wastewater collection system extension. Final record drawings should be
clear on the plans or on digital media (CD or DVD disk) and are defined as the design drawings
that are marked up or annotated with after construction information and show required buffers,
separation distances, material changes, etc.
b. One copy of the supporting applicable design calculations including pipe and pump sizing,
velocity, pump cycle times, and level control settings, pump station buoyancy, wet well storage,
surge protection, detention time in the wet well, and force main, ability to flush low points in
force mains with a pump cycle, and downstream sewer capacity analysis. If a portable power
source or pump is dedicated to multiple stations, an evaluation of all the pump stations' storage
capacities and the rotation schedule of the portable power source or pump, include travel
timeframes, shall be provided.
c. Changes to the project that do not result in non-compliance with this permit, regulations, or the
Minimum Design Criteria should be clearly identified on the record drawings, on the certification
in the space provided, or in written summary form.
Page 6 of 8

Prior to Certification (Final or Partial): Permit modifications are required for any changes resulting
in non-compliance with this permit (including pipe length increases of 10% or greater, increased
flow, pump station design capacity design increases of 5% or greater, and increases in the
number/type of connections), regulations, or the Minimum Design Criteria. Requested
modifications or variances to the Minimum Design Criteria will be reviewed on a case-by-case basis
and each on its own merit. Please note that variances to the Minimum Design Criteria should be
requested and approved during the permitting process prior to construction. After -construction
requests are discouraged by the Division and may not be approved, thus requiring replacement or
repair priorto certification & activation. [15A NCAC 02T.0116]
8. Gravity sewers installed greater than ten percent below the minimum required slope per the
Division's Gravity Sewer Minimum Design Criteria shall not be acceptable and shall not be certified
until corrected. If there is an unforeseen obstacle in the field where all viable solutions have been
examined, a slope variance can be requested from the Division with firm supporting documentation.
This shall be done through a permit modification with fee. Such variance requests will be evaluated
on a case-by-case basis. Resolution of such request shall be evident prior to completing and
submitting the construction certification. [ 15A NCAC 02T.0105(n)]
9. A copy of the construction record drawings shall be maintained on file by the Permittee for the life
of the wastewater collection facilities. [15A NCAC 02T.01161
10. Failure to abide by the conditions and limitations contained in this permit; 15A NCAC 2T; the
Division's Gravity Sewer Design Criteria adopted February 12, 1996 as applicable; the Division's
Minimum Design Criteria for the Fast -Track Permitting of Pump Station and Force Mains adopted
June 1, 2000 as applicable; and other supporting materials may subject the Permittee to an
enforcement action by the Division, in accordance with North Carolina General Statutes §143-215.6A
through §143-215.60, construction of additional or replacement wastewater collection facilities,
and/or referral of the North Carolina -licensed Professional Engineer to the licensing board. [15A
NCAC 02T.0104; 15A NCAC 02T .0108(b -c)]
11. In the event that the wastewater collection facilities fail to perform satisfactorily, including the
creation of nuisance conditions, the Permittee shall take immediate corrective action, including
those as may be required by this Division, such as the construction of additional or replacement
facilities. [15A NCAC 02T.0110; 15A NCAC 02T .0108(b)]
12. The issuance of this permit shall not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by the Division any other Federal, State, or
Local government agencies which have jurisdiction or obtaining other permits which maybe required
by the Division or any other Federal, State, of Local government agencies. [G.S. 143-215.1(b)]
Page 7 of 8

FAST TRACK SEWER ENGINEERING CERTIFICATION
PERMITTEE:
City of Lexington
PERMIT#:
WQ0037658
PROJECT:
Old Salisbury Road Sewer
ISSUE DATE:
March 17, 2015
This project shall not be considered complete nor allowed to operate in accordance with Condition 7 of
this permit until the Division has received this Certification and all required supporting documentation.
It should be submitted in a manner that documents the Division's receipt. Send the required
documentation the Regional Supervisor, Water Quality Regional Operations Section at the address at the
bottom.
Any wastewater flow made tributary to the wastewater collection system extension prior to completion
of this Certification shall be considered a violation of the permit and shall subject the Permittee to
appropriate enforcement actions. The Permittee is responsible for tracking all partial certifications up
until a final certification is received. A Final Certification shall be a complete set of record drawings and
design calculations regardless of whether partials have been submitted.
PERMITTEES CERTIFICATION
I, the undersigned agent for the Permittee, hereby state that this project has been constructed pursuant
to the applicable standards & requirements, the Professional Engineer below has provided applicable
design/construction information to the Permittee, and the Permittee is prepared to operate & maintain
the wastewater collection system permitted herein or portions thereof.
Printed Name, Title Signature Date
ENGINEER'S CERTIFICATION
I, as a dui registered Professional En ineer in the State of North Carolina,
having been authorized to observe (periodically, ❑ weekly, "full time) the construction of the
project name and location as referenced above for the above Permittee hereby state that, to the best of
my abilities, due care and diligence was used in the observation of the construction such that the
construction was observed to be built within substantial compliance of this permit; 15A NCAC 02T; the
Division of Water Resources' (Division) Gravity Sewer Minimum Design Criteria adopted February 12,
1996 as applicable; the Division's Minimum Design Criteria for the Fast -Track Permitting of Pump
Stations and Force Mains adopted June 1, 2000 as applicable; and other supporting materials.
North Carolina Professional Engineer's Seal w/signature & date:
❑ Final ❑ Partial (include description)
Certification Comments/Qualifiers (attach if necessary):
NC DAR - Water Quality Regional Operations Section 450 West Hanes Mill Road, Suite 300, Winston-Salem, NC 27105
Winston-Salem Regional Office Phone: [phone] FAX: [phone]

LWWA
4
�3
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
April 22,2015
LETTER OF APPROVAL
Robert Hyatt
Davidson County
PO Box 1067
Lexington NC 27293
RE: Project Name: Old Salisbury Road Sewer
Acres Approved: 2.8
Project ID: DAVID -2015-015
County: Davidson, City: Lexington
Address: Old Salisbury Road
River Basin: Yadkin -Pee Dee
Stream Classification: Other
Submitted By: Robert Hyatt
Date Received by LQS: Apri120, 2015
Plan Type: Utilities - Revised
Dear Mr. Hyatt:
Donald R. van der Vaart
Secretary
RECEIVED
APR 2 71015
The Wooten Company
Asheboro Branch
This office has reviewed the subject erosion and sedimentation control plan. We find the plan to
be acceptable and hereby issue this Letter of Approval. The enclosed Certificate of Approval
must be posted at the job site. This plan approval shall expire three (3) years following the date
of approval, if no land -disturbing activity has been undertaken, as is required by Title 15A
NCAC 4B.0129.
Please be aware that your project will be covered by the enclosed NPDES Construction
Stormwater General Permit NCG010000. Please become familiar with all the requirements and
conditions of this permit in order to achieve compliance.
Title 15A NCAC 4B .0118(a) requires that a copy of the approved erosion control plan be on file
at the job site. Also, this letter gives the notice required by G.S. 113A -61.1(a) of our right of
periodic inspection to insure compliance with the approved plan.
Division of Energy, Mineral, and Land Resources
Energy Section • Geological Survey Section • Land Quality Section
450 West Hanes Mill Road, Suite 300, Winston-Salem, NC 27105• Phone: [phone] • FAX: [phone]
Intemet: htta:lloortad.nodenr.orahvebhrt
An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper

Letter of Approval
Robert Hyatt
April 22, 2015
Page 2 of 2
North Carolina's Sedimentation Pollution Control Act is performance -oriented, requiring
protection of existing natural resources and adjoining properties. If, following the
commencement of this project, the erosion and sedimentation control plan is inadequate to meet
the requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General
Statute 113A-51 through 66), this office may require revisions to the plan and implementation of
the revisions to insure compliance with the Act.
Acceptance and approval of this plan is conditioned upon your compliance with Federal and
State water quality laws, regulations, and rules. In addition, local city or county ordinances or
rules may also apply to this land -disturbing activity. This approval does not supersede any other
permit or approval.
Please note that this approval is based in part on the accuracy of the information provided in the
Financial Responsibility Form, which you provided. You are requested to file an amended form
if there is any change in the information included on the form. In addition, it would be helpful if
you nog fy this ,offs ef�therproposed starting date for this project. Please notify us if you plan to
have $ Preconstr A5ikrence.
Your cooperation is:appreciated.
Sincerely,
Matthew E. Gantt, PE
Regional Engineer
Land Quality Section
Enclosures: Certificate of Approval
NPDES Permit
cc: John Grey, P.E.
The Wooten Company
350 North Cox Street, Suite 26
Asheboro, NC 27203

RECEIVED
Meo
STATE OF NORTH CAROLINA APR 0 8 2915
DEPARTMENT OF TRANSPORTA'/ooten Company
PAT MCCRORY Ashe OMMATA
GOVERNOR SECRETARY
April 1, 2015
Davidson County
Subject: Right -of -Way Encroachment Contract —R/W 16.6
SR 1353 — Park Drive
Davidson County and the City of Lexington
Encroachment No. 15 -024 -DE
Mr. John Grey
The Wooten Company
350 North Cox Street Suite 26
Asheboro, NC 27203
Dear Mr. Grey:
Attached hereto, for your file, is a copy of a properly executed Right -of -Way Encroachment
Contract. This contract covers the following:
Installation of 50 LF of 18" steel encasement and 8" DIP sewer line crossing SR 1353 — Park
Drive, in Davidson County.
Approval is granted subject to the following conditions:
I. Written notice shall be given to Chris T. Corriher, P. E., District Engineer, at 4770 South Main Street,
Salisbury, NC 28147-9386 at least five (5) working days prior to beginning of work.
2. Written notice shall be given to Chris T. Corriher, P. E., District Engineer, at 4770 South Main Street,
Salisbury, NC 28147-9386 when all work contained herein has been completed.
3. Any work requiring equipment or personnel within five feet (5') of the edge of the travel lane shall
require a lane closure with appropriate tapers.
4. That during installation, proper traffic control devices, signs, etc. be installed to ensure public safety in
accordance with the latest edition of the Manual on Uniform Traffic Control Devices and any
supplements thereto. Substandard traffic control at the construction site will result in the immediate
suspension of the work being done.
5. That all materials and workmanship shall conform to the NCDOT Standard Specifications for
Roads and Structures manual.
6. That all disturbed areas are to be fully restored to the N.C. Department of Transportation's minimum
roadway standards.
R E C F I V52�C
7. Excavations shall not be left open or unsafe overnight.
APR 0 2 2995
Div. 9 ulaiQ,w office
DIVISION 9— 375 SILAS CREEK PARKWAY, WINSTON SALEM, NC 27127
Telephone: [phone] Fax: [phone]

A "
Mr Grey
Pagetwo
April 1, 2015 i '
8. The Department of Tgatisporta6on does not guarantee the right of way on this road, nor will it be
`res nsi6le,fo a4 claim for damages brought po r'�f� g gh by any property owner by reason of the installation.
9. The grade of top of pipe or casing within highway rights of way shall provide minimum burial as
follows:
a. Longitudinal installations ------------------- ---- ------ -------- 3 feet
b. Crossings under roadways (below travel surface) ------------- 3 feet
c. Crossings under ditches (paved and unpaved) ----------------- 2 feet
10. That any driveway or drainage structure disturbed or damaged shall be restored to its original condition
as directed by the County Maintenance Engineer.
11. That vehicle circulation on site shall not restrict or impede the ingress flow of traffic.
12. An executed copy of this encroachment agreement shall be present at the construction site at all times
during construction. if safety, traffic conditions or utility location warrant such an action, NCDOT
reserves the right to further limit, restrict or suspend operations within the right of way.
13. The trench backfill material should meet the Statewide Borrow Criteria. The trench should be
backfilled in accordance with Section 300-7 of the 2000 NCDOT Standard Speciflcarions for Roads
and Structures, which basically requires the backfill material to be placed in layers not to exceed 6
inches loose and compacted to at least 95% of the density obtained by compacting a sample in
accordance with AASHTO T99 as modified by NCDOT.
14. All excavations must be outside the theoretical 1:1 slope from the existing edge of pavement to the
bottom of the nearest excavation wall.
15. The encroaching party (not the utility contractor) should make arrangements to have a qualified
inspector, under the supervision of a Professional Engineer registered in North Carolina, on site at all
times. The Professional Engineer shall be required to certify that the utility was installed in accordance
with the encroachment agreement.
16. The length of the parallel excavation should be limited to the length necessary to install and backfill
one joint of pipe at a time, not to exceed twenty-five (25) feet.
17. Vegetative cover shall be established on all disturbed areas in accordance with the recommendations of
the Division Roadside Environmental Engineer.
18. Temporary and permanent measures shall be used to control erosion and sedimentation in accordance
with local, State, and Federal regulations.
19. All roadway signs that are removed due to construction shall be reinstalled as soon as possible.
20. No access, parking or material storage shall be allowed on NCDOT right of way.
21. During non -working hours equipment shall be parked as close to the right of way line as possible and
be properly barricaded in order not to have any equipment obstruction within the Clear Recovery Area.
22. That the installation will not adversely affect or interfere with the normal maintenance of the
roadway, ditches, or shoulders.

Mr. Grey
Page three
April 1, 2015
23. That any vault, valve or meter box, hydrant or other appurtenances be located at the right-of-way line.
24. Any construction beyond the property limits of the encroaching party and the N. C. Department of
Transportation will require an encroachment agreement with the property owners involved.
25. Excavated material shall not be placed on the pavement. Drainage structures shall not be blocked with
excavated materials.
26. The encroaching party is required to contact the appropriate Utility Companies involved and make
satisfactory arrangements to adjust the utilities in conflict with the proposed work prior to beginning
construction.
27. Ingress and egress shall be maintained to all businesses and dwellings affected by the project. Special
attention shall be paid to police and fire stations, fire hydrants and hospitals.
28. It is the responsibility of the contractor to prevent any mud/dirt from tracking onto the roadway. Any
dirt which may collect on the roadway pavement from equipment and / or truck traffic on site shall be
removed to avoid any unsafe traffic conditions.
29. The encroaching party shall comply with all state and federal environmental regulations, and shall
obtain all necessary state and federal environmental permits, including but not limited to, those related
to sediment control, stormwater, wetland, streams, endangered species, and historical sites.
30. The Contractor shall be limited to working during daylight hours only unless approved by the District
Engineer.
31. Strict compliance with the Policies and Procedures for Accommodating Utilities on Highway Rights -
of -Way manual shall be required.
32. That prior to beginning construction, a meeting with Mr. Mark Crook, County Maintenance Engineer,
(telephone -336-224-3200) be held. Failure to contact Mr. Crook prior to beginning construction
and after completing the installation shall make the encroachment agreement null and void.
Sincerely,
S
Division Engineer
SPUtlb
Attachment(s)
cc: Mr. Chris T. Corr iher, PE, District Engineer
Mr. Mark Crook, PE, County Maintenance Engineer

ROUTE SR 1147, SR 1353 PROJECT Old Salisbury Rd COUNTY OF
Sewer
DEPARTMENT OF TRANSPORTATION
-AND-
Davidson CI
-AND-
City of Lexington
STATE OF NORTH CAROLINA
Davidson
THREE PARTY RIGHT OF WAY
ENCROACHMENT AGREEMENT ON
PRIMARY AND SECONDARY SYSTEM
THIS AGREEMENT, made and entered into this the I day of AM 2015 , by and between the Department of
Transportation, party of the first part; and County of Davidson party of the second part; and City of Lexington party of the third
part,
WITNESSETH
THAT WHERAS, the party of the second part desires to encroach on the right of way of the public road designated as
Route SR 1147 and SR 1353, located from Old Salisbury Rd, SR 1147 southwest of the City of Lexington with the construction
and/or erection of: Approximately 2,850 linear feet of 8 -inch gravity sewer pipe, gravity sewer manholes and 50 linear feet of 18 -
inch steel encasement pipe bored and jacked under SR 1353 with 8 -inch DIP carrier pipe in casing.
WHEREAS, it is to the materief advantage of the party of the second part to effect this encroachment, and the party of
the first part in the exercise of authority conferred upon It by statute, is willing to permit the encroachment within the limits of the
right of way as indicated, subject to the conditions of this agreement;
NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party of the second part the right
and privilege to make this encroachment as shown on attached plan sheet(s), specificaflons and special provisions which are
made a part hereof upon the following conditions, to vitt:
That the [retaliation, operallon, and maintenance of the above described facility will be accomplished in accordance with the party of
the first parts latest POLICIES AND PROCEDURES FOR ACCOMMODATING UTILITIES ON HIGHWAY RIGHTS-OF-WAY and such
revisions and amendments thereto as may be In effect at the date of this agmemerd. Information as to these policies and procedures
may be obtained from the Division Engineer or Slate Utility Agent of the party of the first part
That the said parry of the second part binds and obligates himself to install and maintain the encroaching facility in such safe and
proper condition that it will not interfere with or endanger travel upon said highway, nor obstruct nor interfere Win the proper maintenance
thereof, to reimburse the party of the flrst part for the cost incurred for any repairs or maintenance to its roadways and Structures
necessary due to the Installation and existence of the facilities of the party of the second pert, ant if at any time the party of the first part
shall require the removal of or charges in the location of the said facilities, that the said party of the second part binds himself, his
successors and assigns, to promptly remove or after the said facilities, in order to conform to the said requirement, without any cost to the
party of the first part.
That the party of the second part agrees to provide during construction and any subsequent maintenance proper signs, signal lights,
fiagmen and other warning devices for the protection of traffic In conformance with the latest Manual on Uniform Traffic Control Devices
for Streets and Hiphwevs and Amendments or Supplements thereto. Information as to the above rules and regulations may be obtained
from the Division Engineer of the party of the first part
That the party of the second part hereby agrees to indemnify and save harmless the pant of the first part from all damages and
claims for damage that may arise by reason of the installation and maintenance of this encroachment.
That the party of the second par agrees to restore et areas disturbed during irhstallation and maintenance to the satisfaction of the
Division Engineer of the party of the first part. The Party of the second pert agrees to exercise every reasonable precaution during
construction and maintenance to prevent eroding of soil; sifting or pollution of dve s, streams, lakes, reservoirs, other water
impoundments, ground surfaces or other property; or pollution of the air. There shall be compliance with applicable rules and regulations
of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control Commission, and with ordinances
and regulations of various counties, municipalities and other official agencies relating to pollution prevention and control. When any
Installation or maintenance operation disturbs the ground surface and existing ground cover, the party of the second part agrees to
remove and replace the sod or otherwise reestablish the grass cover to meet the satisfaction of the Division Engineer of the parry of the
first part
That the parry of the second part agrees to assume the actual cost of any inspection of the work considered to be necessary by the
Division Engineer of the parry of the first Pam
That the party of the second part agrees to have available at the construction site. at all limes during conviction, a copy of this
agreement showing evidence of approval by the parry of the first part. The party of the first part reserves the right to stop all work unless
evidence of approval can be shown.
Provided the work contained in this agreement is being performed on a completed highway open to baffle the party of the second part
agrees to give written notce to the Division Engineer of the party of the first part when all work contained herein has been completed.
Unless specifically requested by the party of the first part, written notice of completion of work on highway projects under construction will
not be required.
That in the case of noncompllance with the terms of this agreement by the parry Of the Second part, the panty of the flit part reserves
the right to stop all work until the facility has been brought Into compliance or removed from the right ofway at no, cost to the party of the
first pert.
That it Is agreed by both partes that this agreement shall become void If actual construction of Ure work contemplated herein is not
begun within one (1) year from the date of authorization by the party of the first part unless written waiver is secured by the parry of the
second par from the parry of the first part.
During the performance of this contract, the second party, for itself. Its assignees and successors In interest (hereinafter referred to as
the 'contracton ), agrees as follows:
a. Compliance with Regulations: The contractor shall comply with the Regulation relative to nondiscrimination in Federally.
assisted programs of the U. S. Department of Transportation, Title 49, Code of Federal Regulations, Pad 21, as they may be
amended from time to time, (hereinafter referred to as the Regulations), which are herein Incorporated by reference and
FORM RNV 16.6
Rev. July 1, 1977

made apart of this contract.
b. Nondiscrimination: The contractor, with regard to the work performed byr: during the contract, shall not discriminate an the
grounds of rats, color, or national oflgin In the selection and retention of subcontractors, including procurements of materials
and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix a
of the Regulations.
c. Solicitations for Subcontracts includlm Procurements or Materials and Equipment In all solicitations either by competitive
bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of
materials or leases of equipment, each Potential subcontractor or supplier shall be notilied by the contractor of the
contractors obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color,
or national origin.
all. Information and Reports: The contractor shall provide all information and reports required by the Regulations, or directives
Issued pursuant thereto, and shall permit access to Its books, records, accounts, other sources of Information, and its
facilities as may be determined by the Department of Transportation or the Federal Highway Administration a be pertlnerk to
ascertain compliance with such Regulations or directives. Where arty Information required of a contractor is in the exclusive
possession of another who falls or refuses to furnish this Information, the contractor shall so tartly to the Department of
Transportation, or the Federal Highway Administration as appropriate. and shall set forth what efforts it has made to obtain
the Information.
e. Sanctions for Nonoomdianco: In the event of the contractors noncompliance with the nondiscrimination provisions of this
contract, the Department of Transportation shall Impose such contract sanctions as it or the Federal Highway Administration
may determine to be appropriate, including, but rat limited to,
(1) withholding of payments to the contractor under the contract until the contractor compiles, and/or
(2) cancellation, termination or suspension of the contract, In whole or in part.
f. Incorporation of Provisions: The contractor shall Include the provisions of paragraphs'a' through'Y in every subcontract,
including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued
pursuant thereto. The contractor shell take such action with respect a any subcontract or procurement as the Department
of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including
sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved In, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Department of
Transportation to enter Into such litigation to protect the Interests of the Stale, and, in addition, the contractor may request
the United Stales to enter Into such litigation to protect the interests of the Voted States.
That when We to the subject that constitutes the aforesaid encroachment passes from the party of the second
part and vests in the party of the third part, the party of the third part agrees to assume all responsibilities and rights and to
perform all obligations as agreed to herein by the party of the Second part
IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to be executed the day and
year first above written.
WITNESS:
� 3.2o1S
9,(� fo AL O rlr7t
WITNESS:
MFSA ��/.
7
.J• I Lor
DEPARTMENT OF TRANSPORTATION
BY: , , . _ /�.
DIVWTON'ENOMEER
d3 zo s
R Bert C. Hyatt
County Manager
Alan Carson
City Manager
Second Party
Third Party
RLW (166) : Party of the Secord Part certifies that this agreement is true and accurate copy of the form
RAY (166) Incorporating all revisions to data.

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SECTION 01100
SUMMARY OF WORK
PART GENERAL
1.01 WORK COVERED BY CONTRACT DOCUMENTS
A. Work described in this Project Manual includes the provision of labor, materials,
equipment, and services required to complete the Old Salisbury Road Sewer project
for Davidson County, North Carolina.
1.02 CONTRACTS
A. Project construction will be let under one Contract with construction including, but
not limited to, the following major work items: Approximately 3,100 linear feet of 8 -
inch sanitary sewer and associated appurtenances.
1.03 WORK SEQUENCE
A. Contractor is responsible for all bypass pumping required to construct the project as
shown. Construction activities that interfere with normal operation of existing
facilities shall be specifically noted on construction schedule. For each of these
activities provide a detailed construction sequence showing the bypass pumping
arrangement.
B. Indicate switchovers and cut -ins between new work and existing facility on the
construction schedule. Submit proposed date for switchover in writing to Engineer
and Owner a minimum of seven (7) days and again 24 -hours in advance of actual
field work. Owner shall have the right to delay Work due to operational
requirements, without additional cost to Owner.
C. Perform switchovers and cut -ins during low flow periods at the facility. This shall
normally require night / weekend operations by Contractor at no additional
compensation.
1.04 CONTRACTOR USE OF SITE
A. Work is located within Rights-of-way of the NC Department of Transportation.
Requirements of the owners of the rights-of-way must be complied with and
specifically as required in the permits attached to Section, Supplementary General
Conditions.
B. Only Owner's right to perform construction and maintenance operations with its own
forces and to employ separate contractors on portions of the Project limits
contractor's use of site during the construction period. Work at the Project site by
Owner will be coordinated with the Contractor.
C. Contractor shall provide his own staging area as necessary for his Work.
D. Contractor's use of the site during the construction period may be limited by Owner's
necessity to operate the existing facilities.
PART2 PRODUCTS
Not Used
3097-F: 04/30/15 01100-1 Summary of Work

PART 3 EXECUTION
Not Used
END OF SECTION
Summary of Work 01100-2 3097-F: 04/30/15

SECTION 01270
UNIT PRICES
PART GENERAL
1.01 SECTION INCLUDES
A. Delineation of measurement and payment criteria applicable to Work performed
under Contract by the unit price payment method.
1.02 FIELD MEASUREMENT
A. Take measurements and compute quantities for submittal of the monthly pay
request unless specified otherwise in the measurement paragraphs as indicated in
this Section.
1.03 CHANGE IN QUANTITIES
A. Increase in the quantity of a bid item above what is indicated in the Bid Form shall
only be made by a Change Order as required by the Contract Documents.
B. A final adjusting Change Order shall be made for adjustment of the actual quantities
installed prior to submittal of the final pay request.
1.04 GENERAL
A. Items with a "(X)" in the title of the following bid items represents the size or depth
as indicated on the Bid Form.
B. Method of measurement for the individual Bid Items shall be as specified below.
C. Payment for each item shall be in accordance with the Contract Unit Price times the
number of units installed in accordance with the Contract Documents.
D. Work for each bid item shall include, but not be limited to, the work listed below and
the labor, materials, equipment, and services required and reasonably implied by
the Contract Documents for a complete installation.
1.05 MOBILIZATION (BID ITEM 1)
A. Measurement shall not be made for this item.
B. Work shall include administrative cost including, but not limited to, mobilization,
bonds, insurance, project signage, shop drawing submittal, as -built documentation,
and construction trailers. General office administration for the Project construction
shall be included in the individual unit price items.
C. Bid Price for Mobilization shall not exceed 3 percent of the total bid. Half of the
mobilization may be requested on the first pay request and the remainder on the
second.
1.06 UTILITY PIPING (BID ITEMS 2 — 13)
A. Measurement: Measure horizontally or from station to station as shown or indicated
on the Drawings for the various types and sizes of pipes installed.
1. (X) inch Sanitary Sewer, Depth (X) -(X) ft: Measure pipe from center to center
of manholes. No deduction will be made for space occupied by manholes.
Measure depth of pipe vertically from pipe invert to original grade as shown on
the Drawings.
3097-F: 05/18/15 01270-1 Unit Prices

B. Work shall include, but not be limited to (unless specifically noted otherwise on the
Bid Form and this specification Section), the following:
1. Clearing and grubbing where necessary.
2. Traffic control.
3. Temporary removal and restoration or temporary support of, but not limited to,
existing mail boxes, signs, fences, shrubs, plants (under 6 feet in height), guard
rails, power and telephone poles.
4. Excavating, shoring and bracing where required, dewatering as required,
installing, backfilling (including Class I material as specified for the pipe
bedding, haunching, and initial backfill).
5. Installation of warning / identification tape over utilities.
6. Installation of tracer wire on non-metallic utilities.
7. Temporary support and protection of existing underground facilities.
8. Pipe, concrete blocking and encasement, connection to existing piping, and
fittings.
9. Flushing and testing.
10. Repair to damaged new and existing utilities.
11. Cutting and removal of existing paved surfaces. Patching of existing paved
surfaces shall be paid as indicated in the paragraph, "Concrete Pavement
Patching."
12. Grade disturbed areas to original surface profile prior to seeding.
13. Clean up and seeding.
C. Payment: The first Application for Payment will be approved based on the utilities
installed during the agreed upon payment period without testing. Subsequent
Application for Payments shall not be approved by the Engineer unless utilities
installed during the previous payment period have passed the specified tests and
clean up and seeding is complete.
1.07 BID ITEMS LISTED BY THE UNIT "EACH" (EA) (BID ITEMS 19,20 AND 24— 27)
A. Measurement: By the number installed.
B. Sanitary sewer work items:
1. 6 inch Sanitary Sewer Service: Excavation, backfilling, and compacting, 6 inch
service pipe and fittings from main to right-of-way or the location as indicated
on the Drawings, tap to manhole and pipe boot, and vertical 4 inch cleanout to
grade with concrete collar.
2. Connect New 8" Sanitary Sewer to Existing Manhole: Coring of existing
manhole, pipe boot, reworking of existing manhole bottom if necessary, and
temporary by-passing of sewer if necessary.
C. Erosion control work items:
1. Temporary Stream Crossing: Excavation, riprap
maintenance during construction, final removal and
drawings.
2. Temporary Construction Entrance: Excavation,
during construction, and final removal and cleanup
3. Stone Outlet: Excavation, riprap, #5 washed
construction, and final removal and clean up.
4. Rock Check Dam: Excavation, riprap, #5 washes
construction, and final removal and clean up.
, stone, culvert pipe,
cleanup. As specified on
washed stone, maintenance
stone, maintenance during
stone, maintenance during
Unit Prices 01270-2 3097-F: 05/18/15

1.08 (X)' DIA. MANHOLES, DEPTH (X) —(X) FT (BID ITEMS 15 — 18)
A. Measurement: By the number of various sizes and at the depth installed. Measure
depths from manhole cover to lowest pipe invert.
B. Work: Excavating, backfilling, stone sub base, concrete sections as required for the
depth, top adjusting rings, steps, pipe boots, and ring and cover.
1.09 (X) INCH STEEL ENCASEMENT PIPE BY BORE AND JACK WITH (X) INCH
(CARRIER PIPE) INSTALLED IN ENCASMENT PIPE (BID ITEM 14)
A. Measurement: Along the centerline of the various sizes of steel encasement pipes
installed.
B. Work: Excavation and backfilling for bore pit, encasement pipe, and carrier pipe
installed in encasement pipe with spacers and casing seals. Include costs for the
provision of bonds, insurance and inspection fees required by the respective agency
or authority in charge of inspection of the encasement pipe.
1.10 ROCK EXCAVATION (BID ITEM 21)
A. Measurement
1. Pipe: Measure along the centerline of the trench, times the depth from the top
of rock profile to the specified depth below the pipe, times the pipe OD plus two
feet.
2. Structure: Measure two feet beyond the outside of the structure (excluding
extended base) and to a depth of one foot greater than the bottom of the
structure.
3. General: Take measurements in the presence of the Engineer. Maintain daily
log sheets of measured quantities. Log sheets must be signed by the Engineer
and submitted with payment request. Payment shall not be made for quantities
that have not been field verified by the Engineer.
B. Work: Complete removal and disposal of excavated rock material including, but not
limited to, drilling, blasting, monitoring, excavating, loading, hauling, and properly
disposing of excavated material. Providing specified material for backfilling shall
include, but not be limited to, material, loading, hauling, placing and compacting.
1.11 UNDERCUT UNSTABLE PIPE FOUNDATION (BID ITEM 22)
A. Measurement: Measure along the centerline of the trench times the undercut depth
below the pipe bedding as approved by Engineer times the pipe OD plus two feet.
Measure unstable soils at manholes on the maximum basis of 1 foot greater
diameter than the outside diameter of the manhole and a depth as approved by the
Engineer. Measurement shall be based on the actual quantities removed but not
exceeding the maximum specified trench dimensions. Take measurements in the
presence of the Engineer. Maintain daily log sheets of measured quantities. Log
sheets must be signed by Engineer and submitted with payment request. Payment
shall not be made for quantities that have not been field verified by the Engineer.
B. Work: Complete removal and disposal of unstable soil including, but not limited to,
excavating, loading, hauling, properly disposing of excavated material, and
providing stone for backfill. Providing stone material for backfilling shall include, but
not be limited to, material, loading, hauling, placing and compacting.
3097-F: 05/18/15 01270-3 Unit Prices

1.12 SELECT BACKFILL (BID ITEM 23)
A. Measurement: Select backfill shall be agreed to by Engineer or Representative
before installing material. Measure along the centerline of the trench times the depth
as approved by Engineer times the pipe OD plus two feet. Measure select backfill at
manholes on the maximum basis of 1 foot greater diameter than the outside
diameter of the manhole and a depth as approved by the Engineer. Measurement
shall be based on the actual quantities installed but not exceeding the maximum
specified trench dimensions. Take measurements in the presence of the Engineer.
Maintain daily log sheets of measured quantities. Log sheets must be signed by
Engineer and submitted with payment request. Payment shall not be made for
quantities that have not been field verified by the Engineer.
B. Work: Complete removal and disposal of unsuitable backfill soil including, but not
limited to, excavating, loading, hauling, properly disposing of excavated material,
and providing stone for backfill. Providing select material for backfilling shall include,
but not be limited to, material, loading, hauling, placing and compacting.
1.13 SILT FENCE (BID ITEM 28)
A. Measure along the base of the silt fence installed.
B. Work: Posts, wire mesh, fabric, base trench, stone, and maintenance during
construction, removal and clean up.
1.14 CLASS "B" RIPRAP(BID ITEM 29)
A. Measurement shall be the length and width of class "B" riprap actually installed.
B. Payment for class "B" riprap shall be in accordance with the Contract unit price per
square yard for the riprap furnished and installed as required by the Contract
Documents. Payment shall be for all the labor, material and accessories required for
a complete installation including, but not be limited to, the cost of fine grading,
bedding stone, and class "B" riprap.
C. Work: Filter fabric under stone, stone, hauling, and placement.
1.15 EROSION CONTROL MATTING (BID ITEM 30)
A. Measurement: Erosion control matting shall be measured along the centerline of
the ditch by the width of matting installed as indicated on the drawings.
B. Payment for the erosion control matting shall be in accordance with the Contract
unit price per square yard installed. Payment shall be for labor, material, and
accessories required for a complete installation including, but not limited to, fine
grading of ditch, liner material, and maintenance during construction.
PART PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
Unit Prices 01270-4 3097-F: 05/18/15

SECTION 01312
PROJECT COORDINATION
PART GENERAL
1.01 SECTION INCLUDES
A. This Section specifies administrative and supervisory requirements necessary for
Project coordination including, but not necessarily limited to:
1. Coordination.
2. Administrative and supervisory personnel.
3. General installation provisions.
4. Cleaning and protection.
1.02 GENERAL COORDINATION REQUIREMENTS
A. Responsibilities of Contractor:
1. Coordinate construction activities for the Project to assure efficient and proper
installation of each part of the Work.
2. Where availability of space is limited, coordinate installation of components to
assure maximum accessibility for maintenance. Make adequate provisions to
accommodate components scheduled for later installation.
3. Where necessary, prepare memoranda for distribution to each party involved
outlining special procedures required for coordination. Include such items as
required notices, reports, and attendance at meetings. A copy of all memoranda
shall be submitted to the Engineer.
B. Administrative Procedures: Coordinate scheduling and timing of required
administrative procedures with other construction activities to avoid conflicts and
ensure orderly progress of the Work. Such administrative activities include, but are
not limited to, the following:
1. Preparation of schedules.
2. Installation and removal of temporary facilities.
3. Delivery and processing of submittals.
4. Progress meetings.
5. Installation meetings.
6. Project Close-out activities.
C. Conservation: Coordinate construction activities to ensure that operations are
carried out with consideration given to conservation of energy, water, and materials.
1. Salvage materials and equipment involved in performance of, but not actually
incorporated in, the Work. Refer to other sections for disposition of salvaged
materials that are designated as Owner's property.
PART2 PRODUCTS
NOT USED
3097-F: 05/06/15 01312-1 Project Coordination

PART 3 EXECUTION
3.01 SPECIAL REQUIREMENTS
A. Contractor shall not disturb building located near Station 11+50.
B. Church sign located near Station 24+50.
C. Church access shall remain open at all times near Station 24+25.
D. Contractor shall take all effort possible to avoid damage to Church concrete drive.
Any damage shall be repaired as indicated by Owner and Engineer and will be at
contractor's expense.
END OF SECTION
Project Coordination 01312-2 3097-F: 05/06/15

SECTION 01314
PROJECT MEETINGS
PART GENERAL
1.01 MEETINGS
A. Pre -construction conference shall be held prior to the beginning of the Work.
B. Construction progress meetings shall be held monthly.
C. Project close-out conference shall be held during the final phases of the Work.
D. Engineer may schedule additional meetings.
E. Meetings scheduled by the Engineer shall be held at the Commissioners Room,
Fourth Floor, 913 Greensboro St, Lexington NC.
F. Contractor's project superintendent shall attend meetings.
G. Notify suppliers and subcontractors to attend meetings as appropriate or as
required by Engineer.
H. Contractor shall schedule pre -installation conferences as required in the individual
specification sections.
I. Notify Engineer of project meetings scheduled by the Contractor.
J. Engineer will schedule and administer meetings throughout the progress of the
Work, except for meetings held by the Contractor for normal coordination of the
Work.
K. Meeting agenda shall include, but not be limited to, the following: Project
Administration, Submittals, Construction Schedules and Methods, Safety and
Health Regulations, Project Coordination, Payment Application, Change Orders,
and Site Inspections.
L. Engineer will prepare agenda with copies to participants, preside at meetings,
prepare minutes and distribute to participants for meetings scheduled by the
Engineer.
PART2 PRODUCTS
NOT USED
PART 3 EXECUTION
NOT USED
END OF SECTION
3097-F: 04/30/15 01314-1 Project Meetings

PART GENERAL
1.01 SECTION INCLUDES
1.02
SECTION 01330
SUBMITTAL PROCEDURES
A. This Section includes, but is not limited to,
1.
Submittal procedures.
2.
Construction progress schedule.
3.
Schedule of values.
4.
Proposed product list.
5.
Project record documents.
6.
Certificates of compliance.
7.
Catalog data.
8.
Shop drawings.
9.
Manufacturer's installation procedures.
requirements for the following:
10. Samples.
11. Test reports.
12. Operation and maintenance instructions.
13. Warranties.
14. Spare parts and maintenance materials.
SUBMITTAL PROCEDURES
A. Transmit each submittal with cover letter to Engineer at The Wooten Company, 350
North Cox Street Suite 26 Asheboro, NC 27203.
B. Sequentially number transmittal forms. Re -submittals to have original number with
an alphabetic suffix.
C. Cover letter for each submittal package shall list the following:
1. Contractors name:
2. Owners name: Davidson County
3. Project name: Old Salisbury Road Sewer
4. Wooten Job No.: 3097-F
D. Individual submittals shall each be listed by the following information:
1. Submittal reference no.
2. Specification section number.
3. Drawing and detail number when appropriate.
4. Equipment.
5. Type submittal.
6. Supplier.
7. Manufacturer.
E. Apply Contractor's stamp to each submittal, signed or initialed and dated, certifying
that Contractor has reviewed submittal for conformance with requirements of
Contract Documents, and has coordinated submittal with related work.
F. Schedule submittals to expedite Project, and deliver to coordinate submission of
related items. Allow a minimum of fifteen (15) working days for Engineer's review.
3097-F : 01/26/15 01330-1 Submittal Procedures

G. Identify variations from Contract Documents and Product limitations as they relate to
the satisfactory performance of the Project.
H. Provide space for Contractor and Engineer review stamps.
Revise and resubmit submittals as required; identify changes made since previous
submittal.
J. Distribute copies of reviewed submittals to concerned parties. Instruct parties to
promptly report inability to comply with provisions.
K. Work requiring submittal review by Engineer shall not be started until review has
been obtained.
L. Engineer's review of submittals shall not relieve Contractor of responsibility for
complete compliance with Contract Documents.
1.03 ADMINISTRATIVE SUBMITTALS
A. Construction Progress Schedule
1. Submit five (5) copies of the initial progress schedule 15 days after date of
Owner -Contractor Agreement. One copy shall be returned to the Contractor.
2. Progress schedule shall be, as a minimum, a horizontal bar chart with a
separate line for each major section of Work. Identify the first work day of each
week.
3. Show complete sequence of construction by activity, identifying Work of
separate stages and other logically grouped activities. Indicate the early and
late start, early and late finish, float dates, and duration.
4. Indicate the expected monthly pay requests.
5. Submit revised schedule with each Application for Payment as required for
updating, identifying changes since previous version. Indicate estimated
percentage of completion for each item of Work at each submission.
6. Indicate submittal dates required for critical shop drawings, product data,
samples, and product delivery dates .
7. Indicate specific work sequences and requirements as indicated in Section,
Summary of Work.
B. Schedule of Values
1. Submit three (3) copies of the schedule of values at least three (3) weeks prior
to the first partial payment request. Schedule shall divide the lump sum contract
items into major work tasks. Use the table of contents as a guide for itemizing
the schedule. Schedule will be used only as a basis for review of the
Contractor's request for payment.
2. Engineer may request additional delineation of work tasks and supporting data
of the values, as he deems appropriate. Revise schedule and resubmit.
3. Revise schedule to list approved Change Orders, with each request for
payment.
C. Project Record Documents
1. Maintain on site, one set of the following record documents; record actual
revisions to the Work:
a. Contract Drawings.
b. Project Manual.
c. Addenda.
d. Change Orders and other Modifications to the Contract.
e. Reviewed submittals.
Submittal Procedures 01330-2 3097-F: 01/26/15

2. Store Record Documents separate from documents used for construction.
3. Record information concurrent with construction progress.
4. Specifications: Legibly mark and record at each Product section description of
actual Products installed, including the following:
a. Manufacturer's name and product model and number.
b. Product substitutions or alternates utilized.
c. Changes made by Addenda and Modifications.
5. Record Documents and Shop Drawings: Legibly mark each item to record
actual construction including:
a. Measure elevations of structures in relation to bench mark datum.
b. Measure and reference horizontal and vertical locations of underground
utilities and appurtenances to existing permanent surface improvements
that are indicated on the Drawings.
c. Field changes from construction Drawings.
d. Details not on original Contract Drawings.
6. Submit documents to Engineer with final Application for Payment.
1.04 TECHNICAL SUBMITTALS
A. General
1. Submit the following as required by the individual sections of the technical
specifications.
2. Unless noted otherwise, submit the number of copies that Contractor requires,
plus three (3) copies that will be retained by Engineer.
B. Certificates of Compliance
1. Certificates shall certify that the Products delivered to the project are in
conformance with the specifications.
2. Certificates may be recent or previous test results on Product, but must be
acceptable to Engineer.
3. Certification shall not relieve the Contractor of responsibility for complying with
requirements of the specifications.
C. Catalog Data
1. When shop drawings are not required, the catalog data shall include the
following as a minimum:
a. Parts schedule that identifies the materials to be used in each of the
various parts.
b. Sufficient detail to serve as a guide for assembly and disassembly of the
product and to serve as guide for ordering parts.
2. Mark each copy to identify applicable products, models, options, and other
data. Supplement manufacturers' standard data to provide information unique
to this Work in the Shop Drawing submittal.
D. Shop Drawing
1. Shop drawings shall consist of drawings, diagrams, illustrations, schedules,
performance charts, brochures and other data, prepared specifically for a
portion of the Work.
2. Shop drawings shall indicate the type, size, quantity, arrangement, location,
mode of operation, component materials, utility connections, wiring and control
diagrams, anchorage's, supports, factory applied coatings, and other
information necessary to ensure satisfactory fabrication, installation and
operation of the completed Work.
3097-F: 01/26/15 01330-3 Submittal Procedures

3. Shop drawings shall establish the actual detail of manufactured or fabricated
items, indicate proper relation to adjoining work, amplify design details of
mechanical and electrical equipment in proper relation to physical spaces in the
structure, and incorporate minor changes to design and construction to suit
actual requirements.
E. Manufacturer's Installation Procedures
1. Installation procedures should indicate manufacturer's recommendations for
proper installation of Product.
F. Samples
1. Submit samples as required by the individual specification sections. Samples
shall be physical examples to illustrate the materials and workmanship. Submit
in sufficient size and quantity to clearly illustrate the functional characteristics of
the Product, with integrally related parts and attachment devices, and the full
range of color to be provided.
G. Test and Start -Up Reports
1. Submit three (3) copies of report to the Engineer within seven (7) days of
performing the test.
2. Report shall include the following as a minimum:
a. Owners name: Davidson County
b. Project name: Old Salisbury Road Sewer
c. Wooten job number: 3097-F
d. Firm performing work.
e. Individual performing work.
f. Specification section no.:
g. Product tested or started.
h. Date and time of work.
i. Type of test or start-up.
j. Specific location in the Project: (i.e. Structure name and location within the
structure by a rough sketch.)
k. Results.
I. Opinion of firm doing the work as to the test or start-up being in compliance
with the Contract Documents.
3. When requested by Engineer, the testing or start-up firm shall provide
additional interpretation of results.
H. Operation and Maintenance Instructions
1. Submit three (3) copies of operation and maintenance instructions within 45
days after approval of the shop drawings.
2. Submit instructions in a navy blue vinyl, loose leaf binder containing the name
of the equipment covered on the front and the spine of the binder. Provide tab
dividers appropriately labeled.
3. As a minimum, the submittal shall contain complete operation and maintenance
instructions, drawings, and complete parts list.
4. In addition, for equipment requiring periodic lubrication, provide two (2)
lubrication charts; one shall be included in the binder, and the other shall be
provided in weatherproof 10 mil. laminated plastic and shall be permanently
affixed to the equipment. Charts shall contain pertinent information concerning
the lubricating requirements including manufacturer's name, name of
equipment, recommended service interval, and recommended lubricant,
location of each of the points of lubrication.
Submittal Procedures 01330-4 3097-F: 01/26/15

Warranties
1. Provide duplicate notarized copies.
2. Assemble documents from Subcontractors, suppliers, and manufacturers.
3. Provide Table of Contents and assemble in three D side ring binder with
durable plastic cover.
4. Submit prior to final Application for Payment.
5. For items of Work delayed beyond date of Substantial Completion, provide
updated submittal within 10 days after acceptance, listing date of acceptance
as start of warranty period.
J. Spare Parts and Maintenance Materials
1. Provide products, spare parts, maintenance, and extra materials in quantities
specified in individual specification Sections.
2. Provide recommended manufacturer's list of spare parts, maintenance, and
extra material as specified in individual specification sections.
3. Submit to Engineer.
PART2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
3097-F: 01/26/15 01330-5 Submittal Procedures

SECTION 01450
QUALITY CONTROL
PART GENERAL
1.01 SECTION INCLUDES
A. Quality assurance and control of installation.
B. Inspection and testing laboratory services.
C. References.
D. Field samples.
E. Manufacturers' field services and reports.
1.02 QUALITY ASSURANCE/CONTROL OF INSTALLATION
A. Manufacturer shall have the minimum number of years of proven successful
experience required in each section in the design, manufacture, and servicing of
Products specified.
B. In lieu of the required experience, manufacturer may provide a cash deposit or bond
equal to the cost of the Product, but pro -rated to the number of years of actual
experience.
C. Products from a manufacturer who does not meet the experience requirements
must meet technical requirements.
D. Monitor quality control over suppliers, manufacturers, Products, services, site
conditions, and workmanship, to produce Work of specified quality.
E. Comply fully with manufacturers' instructions, including each step in sequence.
F. Should manufacturers' instructions conflict with Contract Documents, request
clarification from Engineer before proceeding.
G. Comply with specified standards as a minimum quality for the Work except when
more stringent tolerances, codes, or specified requirements indicate higher
standards or more precise workmanship.
H. Perform work by persons qualified to produce workmanship of specified quality.
I. Secure Products in place with positive anchorage devices designed and sized to
withstand stresses, vibration, physical distortion, or disfigurement.
1.03 INSPECTION AND TESTING LABORATORY SERVICES
A. Owner will employ, and pay for services of an independent firm to perform
inspection and testing for the following specific items.
1. Soil testing.
2. Concrete testing.
B. Contractor shall provide the services of an independent firm to perform inspection
and testing specified in the individual specification sections that are not listed above.
C. The same independent firm shall perform retesting. Contractor shall pay for
retesting required by the failure of the initial test to meet the requirements of the
specifications.
3097-F: 01/27/15 01450-1 Quality Control

1.04 CONTRACTOR RESPONSIBILITIES
A. Unless specified otherwise, deliver to laboratory at designated location, adequate
samples of materials proposed to be used that require testing. The proposed mix
designs shall be included with delivery.
B. Cooperate with laboratory personnel, and provide access to the Work and to
manufacturer's facilities as specified.
C. Provide incidental labor and facilities to provide access to Work to be tested, to
obtain and handle samples at the site and at source of products to be tested, to
facilitate tests and inspections, storage, and curing of test samples.
D. Notify Engineer and laboratory 24 hours prior to expected time for operations
requiring inspection and testing services.
PART2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
Quality Control 01450-2 3097-F: 01/27/15

SECTION 01500
TEMPORARY FACILITIES AND CONTROLS
PART GENERAL
1.01 SECTION INCLUDES
A. Temporary Utilities: Electricity, lighting, telephone service, water, and sanitary
facilities.
B. Work on public right-of-way.
C. Traffic control.
D. Temporary Controls: Barriers, enclosures and fencing, water control, dust control,
erosion and sediment control, and protection of the work.
E. Construction Facilities: Access roads, parking, progress cleaning, project signage,
and field offices.
1.02 TEMPORARY UTILITIES
A. Electricity
1. Provide and pay for required power service for construction from Utility source.
B. Lighting
1. Provide and maintain lighting for construction operations as required by
Contractor.
2. Provide and maintain lighting to exterior staging and storage areas after dark
for security purposes as required by Contractor.
C. Telephone Service
1. Provide, maintain and pay for telephone service to field office as required by
Contractor.
D. Water
1. Provide, maintain, and pay for suitable quality water, including any necessary
service(s) required for construction operations. Exercise measures to conserve
water during construction.
E. Sanitary Facilities
1. Provide and maintain required facilities and enclosures as necessary to comply
with the laws and ordinances of the authority having jurisdiction and the State of
North Carolina.
2. General Contractor shall provide the above sanitary facilities for all contractors,
sub -contractors, Owner and Engineer at the Project Site.
3. Existing facilities shall not be used.
1.03 WORK ON PUBLIC RIGHTS-OF-WAY
A. Work on this Project is along rights-of-way under jurisdiction of the following N.C.
Department of Transportation (NC DOT) office and Owner:
1. Work in Davidson County:
2. Division 9, District 1
3. Chris Corriher, PE, District Engineer
4. 4770 South Main Street
Salisbury NC 27127
3097-F : 04/30/15 01500-1 Temporary Facilities

B. Work shall comply with requirements of the Encroachment Agreement(s) and
Driveway Permit as attached to Project Supplementary Conditions.
C. Post Bonds as required by Encroachment Agreement.
D. Prior to start of Work notify the Office of the N.C. Department of Transportation as
indicated in the encroachment agreement and driveway permit. Also notify the
Owner.
E. Work shall conform to the requirements and be subject to the approval of the above
agency(ies).
F. Submit letter to the above District Engineer(s) when work is complete as required by
the Encroachment Agreement.
G. Submit letter of approval for completed Work from the above agency(ies) with Final
Payment Request.
H. Clean rights-of-way as work progresses and daily.
I. Power broom existing pavement as work progresses.
J. Work shall be in accordance with the latest edition of the N.C. Division of Highways,
"Policies and Procedures for Accommodating Utilities on Highway Right -of -Way."
K. Consult with the above agency(ies) in establishing public thoroughfares to be used
for haul routes and site access.
L. Confine construction traffic to designated haul routes.
M. Provide traffic control along haul routes to regulate traffic and to minimize
interference with public.
N. Provide and maintain access to fire hydrants, free of obstructions.
1.04 TRAFFIC CONTROL
A. On public and private road rights-of-way provide traffic control devices when
construction encroaches within the right-of-way. Devices shall include, but not be
limited to, cones, drums, flares, warning signs, temporary pavement marking,
warning lights, and flagman.
B. Traffic control devices shall provide the following:
1. Protection of motorists, pedestrians and workers from accident hazards.
2. Advance public information of proposed work sites.
3. Establishment of an orderly and safe flow of traffic and to minimize traffic
congestion.
4. Provision of access for emergency vehicles.
C. Traffic control devices shall be used in accordance with the latest edition of the NC
DOT "Manual on Uniform Traffic Control Devices for Streets and Highways
(MUTCD)."
D. Provide personnel trained in traffic control.
1.05 TEMPORARY CONTROLS
A. General
1. Temporary controls shall be the responsibility of each Contractor for their
respective work unless noted otherwise.
Temporary Facilities 01500-2 3097-F: 04/30/15

B. Barriers
1.
Provide barriers to prevent unauthorized entry to construction areas for the
safety of the public, the protection of the work, and to protect existing facilities
and adjacent properties from damage from construction operations.
2.
Provide protection for plant life designated to remain. Replace damaged plant
life.
3.
Protect vehicular traffic, stored materials, site, and structures from damage.
C. Water Control
1.
Grade site to drain. Provide, operate, and maintain pumping equipment to
maintain excavations free of water.
2.
Protect site from running water.
D. Dust
Control
1.
Execute Work by methods designed to minimize raising dust from construction
operations.
2.
Provide positive means to prevent airborne dust from dispersing into
atmosphere.
E. Erosion and Sediment Control
1.
Provide Erosion and Sediment Control as indicated on the Drawings and
specified in Section, Erosion Control.
F. Protection of Installed Work
1.
Protect installed Work and provide special protection where specified in
individual specification Sections.
2.
Provide temporary and removable protection for installed Products. Control
activity in immediate work area to minimize damage.
3.
Prohibit traffic from landscaped areas.
1.06 CONSTRUCTION FACILITIES
A. General
1. Construction facilities shall be the responsibility of each Contractor for their
respective work unless noted otherwise.
B. Access Roads
1. Contractor shall construct and maintain temporary drives as necessary to
access public thoroughfares and existing drives to serve the construction area.
2. Provide means of removing mud from vehicle wheels before entering streets.
C. Parking
1. When site space is not adequate, arrange for temporary off site surface parking
areas to accommodate construction personnel.
2. Do not allow vehicle parking in existing right-of-way or to block existing drives.
3. Do not allow vehicle parking on private property without prior approval.
D. Progress Cleaning
1. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a
clean and orderly condition.
2. Remove waste materials, debris, and rubbish from site periodically and dispose
off site.
1.07 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS
A. Remove temporary above grade or buried utilities, equipment, facilities, and
materials, prior to Final Inspection.
3097-F: 04/30/15 01500-3 Temporary Facilities

B. Clean and repair damage caused by installation or use of temporary work.
C. Restore existing facilities used during construction to original condition. Restore
permanent facilities used during construction to specified condition.
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
Temporary Facilities 01500-4 3097-F: 04/30/15

SECTION 01600
PRODUCT REQUIREMENTS
PART
GENERAL
1.01
SECTION
INCLUDES
A.
Products.
B.
Transportation and handling.
C.
Storage and protection.
D.
Product options.
E.
Substitutions.
1.02
PRODUCTS
A.
Products: Means new material, machinery, components, equipment, fixtures, and
systems forming the Work. Does not include machinery and equipment used for
preparation, fabrication, conveying, and erection of the Work. Products may also
include existing materials or components specified in the Contract Documents for
reuse.
1.03
TRANSPORTATION AND HANDLING
A.
Transport and handle Products in accordance with manufacturer's instructions.
B.
Ship fabricated assemblies in largest sections permitted by carrier regulations and
properly marked for ease of field erection.
C.
Promptly inspect shipments to assure that Products comply with specified
requirements, quantities are correct, and Products are undamaged.
D.
Provide equipment and personnel to handle Products by methods to prevent soiling,
disfigurement, or damage.
1.04
STORAGE AND PROTECTION
A. Keep on site storage of material to a minimum.
B. Store and protect Products in accordance with manufacturer's instructions in
unopened original packages, with seals and labels intact and legible. Store sensitive
Products in weather -tight, climate -controlled enclosures.
C. For exterior storage of fabricated Products, place on sloped supports, above
ground.
D. Provide off site storage and protection when site does not permit on site storage.
E. Cover Products subject to deterioration with impervious sheet covering. Provide
ventilation to avoid condensation.
F. Store loose granular Products on solid flat surfaces in a well drained area. Prevent
mixing with foreign matter.
G. Arrange storage of Products to permit access for inspection. Periodically inspect to
assure Products are maintained under specified conditions.
3097-F : 01/27/15 01600-1 Product Requirements

1.05 DAMAGED PRODUCTS
A. Remove damaged Products from Project site.
1.06 PRODUCT OPTIONS
A. Products Specified by Reference Standards: Product meeting standard and specific
requirements of these specifications.
B. Products Specified by Naming One or More Manufacturers: Products of
manufacturers named and meeting specifications, no options or substitutions
allowed.
C. Products Specified by Naming Three Manufacturers with an "or equal' Provision for
Substitutions: Submit a request for substitution for manufacturer not named during
the shop drawing submittal.
1.07 SUBSTITUTIONS
A. Engineer will consider requests for Substitutions only within 30 days after date of
Owner -Contractor Agreement.
B. Substitutions may be considered when a product becomes unavailable through no
fault of the Contractor.
C. Document each request with complete data substantiating compliance of proposed
Substitution with Contract Documents.
D. Request constitutes a representation that Contractor:
1. Has investigated proposed product and determined that it meets or exceeds
the quality level of the specified product.
2. Shall provide same warranty for Substitution as for specified product.
3. Shall coordinate installation and make changes to other Work which may be
required for the Work to be complete with no additional cost to Owner.
4. Waives claims for additional costs or time extension that may subsequently
become apparent.
5. Shall reimburse Owner for review or redesign services associated with
reapproval by authorities.
E. Substitutions will not be considered when they are indicated or implied on shop
drawing or product data submittals, without separate written request, or when
acceptance will require revision to the Contract Documents.
F. Substitution Submittal Procedure:
1. Submit three copies of request for Substitution for consideration. Limit each
request to one proposed Substitution.
2. Submit shop drawings, product data, and certified test results attesting to
proposed product equivalence.
3. Engineer will notify Contractor, in writing, of decision to accept or reject
request.
PART2 PRODUCTS
Not Used
Product Requirements 01600-2 3097-F: 01/27/15

PART 3 EXECUTION
Not used
END OF SECTION
3097-F: 01/27/15 01600-3 Product Requirements

SECTION 01700
EXECUTION REQUIREMENTS
PART GENERAL
1.01 SECTION INCLUDES
A. Examination.
B. Cutting and patching.
C. General installation provisions.
D. Cleaning and protection.
E. Final inspection and tests.
F. Adjusting.
G. Close-out procedures.
1.02 EXAMINATION
A. Verify that existing site conditions and substrate surfaces are acceptable for
subsequent Work. Beginning new Work means acceptance of existing conditions.
B. Verify that existing substrate is capable of structural support or attachment of new
Work being applied or attached.
C. Examine and verify specific conditions described in individual specifications
sections.
D. Verify that utility services are available, of the correct characteristics, and in the
correct locations.
1.03 CUTTING AND PATCHING
A. General
1. Do not cut, or alter the work of other contractors without written approval of the
Engineer.
2. Work removed shall be replaced or repaired by the Contractor who removed or
damaged the work, and a craftsman, skilled in the trade that the particular
replacement requires, shall do the work. (i.e.: A mason, not an electrician, shall
replace masonry removed by the Electrical Contractor.)
3. Conduct removal operations in a manner that will eliminate hazards to persons
and property and prevent the release of dust and rubbish into the air. Existing
work, which is to remain and is damaged by contract operations shall be
replaced with new materials at no additional cost to the Owner.
4. For replacement of work removed, comply with specifications for type of work to
be done.
B. Inspection
1. Inspect existing conditions of work including elements subject to movement or
damage during cutting and patching, and excavating and backfilling.
2. After uncovering work, inspect conditions affecting installation of new products.
C. Preparation prior to cutting
1. Provide shoring, bracing, and support as required to maintain structural integrity
of project.
3097-F: 04/30/15 01700-1 Execution Requirements

2. Provide protection for other portions of project.
3. Provide protection from elements.
D. Performance
1. Execute fitting and adjustment of products to provide finished installation to
comply with specified tolerances, finishes.
2. Execute cutting and demolition by methods to prevent damage to other work
and provide proper surfaces to receive installation of repairs and new work.
3. Execute excavating and backfilling as specified in Section, Trenching for
Utilities.
4. Restore work, which has been cut or removed; install new products to provide
completed work in accordance with requirements of contract documents.
5. Refinish entire surfaces as necessary to provide an even finish.
a. Continuous Surfaces: To nearest intersections.
b. Assembly: Entire Refinishing.
1.04 GENERAL INSTALLATION PROVISIONS
A. Require Installer of each major component to inspect conditions under which Work
is to be performed. Clean substrate surfaces prior to applying next material or
substance. Do not proceed until unsatisfactory conditions have been corrected.
B. Comply with manufacturer's recommendations to the extent that they are more
explicit or stringent than requirements contained in Contract Documents.
C. Provide attachment and connection devices and methods necessary for securing
Work. Secure Work true to line and level. Allow for expansion and building
movement.
D. Provide uniform joint widths in exposed Work. Arrange joints in exposed Work to
obtain the best visual effect. Refer questionable choices to the Engineer for final
decision.
E. Check dimensions before starting each installation.
F. Install each component during weather conditions and Project status that will ensure
the best possible results. Isolate each part of the completed construction from
incompatible material as necessary to prevent deterioration.
G. Coordinate temporary enclosures with required inspections and tests, to minimize
the necessity of uncovering completed construction for that purpose.
H. Where mounting heights are not indicated, install individual components at standard
mounting heights recognized within the industry for the particular application
indicated. Refer questionable mounting height decisions to the Engineer for final
decision.
1.05 CLEANING AND PROTECTION
A. During handling and installation, clean and protect construction in progress and
adjoining materials in place. Apply protective covering where required to ensure
protection from damage or deterioration.
B. Clean and maintain completed construction as frequently as necessary through the
construction period. Adjust and lubricate components as required to ensure proper
operation.
C. Limiting Exposures: Supervise construction activities to ensure that no part of the
construction, completed or in progress, is subject to harmful, or dangerous exposure
Execution Requirements 01700-2 3097-F: 04/30/15

during the construction period. Where applicable, such exposures include, but are
not limited to, the following:
1. Excessive static or dynamic loading.
2. Excessive internal or external pressures.
3. Excessively high or low temperatures.
4. Thermal shock.
5. Air contamination or pollution.
6. Water or ice.
7. Abrasion.
8. Heavy traffic.
9. Misalignment.
10. Improper shipping or handling.
11. Theft.
12. Vandalism.
D. Clean Project prior to final inspection. Project clean up shall include, but not be
limited to, the following:
1. Clean debris from drainage systems.
2. Sweep paved areas.
3. Rake clean landscaped surfaces.
4. Remove waste and surplus materials.
5. Remove temporary construction facilities.
1.06 FINAL INSPECTION AND TESTS
A. Complete punch list items within 30 days of receipt from Engineer. Owner may have
work not completed within 30 days performed by others with the cost deducted from
Contractor's final payment. Additional engineering and inspection services required
as a result of Contractor not completing punch list within 30 days shall be at
Contractor's expense.
1.07 ADJUSTING
A. Adjust operating Products and equipment to ensure smooth and unhindered
operation.
1.08 CLOSE-OUT PROCEDURES
A. Submit written certification that Contract Documents have been reviewed, Work has
been inspected, and is complete in accordance with Contract Documents and ready
for Engineer's inspection.
B. Provide submittals to Engineer that are required by governing or other authorities.
C. Submit set of Record Documents indicating changes during construction as required
in Section, Submittal Procedures.
D. Submit final Application for Payment identifying total adjusted Contract Sum,
previous payments, and final amount due.
E. Submit the following with final Application for Payment:
1. Affidavit of Release of Liens
2. Consent of Surety for Final Payment
3. Affidavit of Payment of Debts and Claims
3097-F: 04/30/15 01700-3 Execution Requirements

PART2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
Execution Requirements 01700-4 3097-F: 04/30/15

SECTION 02230
CLEARING AND GRUBBING
PART1 GENERAL
1.01 SECTION INCLUDES
A. Work shall include, but not be limited, to the following:
1. Access roads.
2. Clearing and grubbing.
3. Removal of surface debris.
4. Demolition and removal of existing paving and structures.
5. Temporary and permanent ground cover.
1.02 RELATED SECTIONS
A. The following Sections have work that is directly related to this Section. This does
not relieve the Contractor of his responsibility of proper coordination of all the work:
1. Section 02370 Erosion Control
2. Section 02920 Lawns and Grasses.
1.03 WARRANTY AND FINES
A. Contractor is liable for damages to public and private property and fines as may be
placed on the Project by the governing agencies due to failure to provide adequate
erosion control devices.
PART2 PRODUCTS
Not Used
PART 3 EXECUTION
3.01 PROTECTION
A. Take reasonable care during construction to avoid damage to vegetation outside of
the construction limits. Temporarily tie back ornamental shrubbery and tree
branches, where appropriate, to minimize damage. Trees that receive damage to
branches shall be trimmed of those branches to improve the appearance of the tree.
Treat tree trunks damaged by equipment with a tree dressing.
B. Locate and protect property corners and survey control stakes prior to start of
clearing operations.
C. Provide temporary gates and fences as necessary to prevent unauthorized vehicular
access to the site.
D. Mark clearing limits.
E. Refer to paragraph 4.04 of the General Conditions and 4.04.A.2 of the
Supplementary Conditions concerning the protection of Underground Facilities.
3097-F: 04/30/15 02230-1 Clearing and Grubbing

3.02 INSTALL EROSION CONTROL DEVICES
A. Clear areas required to install erosion control devices, which shall be in place and
operational prior to other land disturbing activity. Install erosion control devices in
accordance with Section, Erosion Control.
3.03 BORROW AND DISPOSAL AREAS
A. Obtain and pay for erosion control permit for borrow and disposal areas as required
by Contractor.
B. Install and maintain erosion control devices in accordance with Contractor's
approved plan.
3.04 CLEARING AND GRUBBING
A. Clear total width of permanent easement. Clear within temporary construction
easement only as necessary for construction.
B. Grub within the permanent easement only as necessary for the installation of the
work. Do not grub within the temporary construction easement.
C. Clearing shall consist of cutting and removal of vegetation to the existing ground
surface and removal of debris. Debris shall include, but not be limited to, fences,
steps, walls, chimneys, footings, foundation slabs, basements, signs, junked
vehicles, and other rubble.
D. Grubbing shall consist of the removal of roots over 3 inches in diameter, matted
roots, stumps, and other vegetable matter to 12 inches below existing grade.
E. Do not precede grading operation by grubbing operation by more than seven days.
F. Fill holes and depressions and bring cleared and grubbed area to a uniform contour
to match existing grade. Provide positive drainage.
G. Remove and properly dispose of cleared and grubbed material from the site. Make
reasonable effort to channel timber resulting from clearing operations into a
beneficial use.
H. Burning of combustible materials is permitted provided required permits and
approvals are obtained from local authorities. Locate burning to prevent damage to
vegetation or improvements to remain. Attend materials until fire has been
extinguished.
END OF SECTION
Clearing and Grubbing 02230-2 3097-F: 04/30/15

SECTION 02315
TRENCHING FOR UTILITIES
PART GENERAL
1.01 SCOPE
A. Provide labor, equipment, and material to perform required excavating, backfilling,
and compacting for utilities and related structures as specified herein and indicated
on the Drawings. Work shall include, but not be limited to, the following:
1. Survey staking as required for construction.
2. Protection of existing improvements.
3. Location of installed utilities.
4. Use of explosives.
5. Dewatering.
6. Excavating, backfilling, and compacting for utilities.
7. Installation of warning / identification tape and tracer wire.
8. Borrow material.
9. Disposal of surplus material.
1.02 RELATED SECTIONS
A. The following Sections have work that is directly related to this Section. This does
not relieve the Contractor of his responsibility of proper coordination of all the work:
1. Section 02230 Clearing and Grubbing
2. Section 02370 Erosion Control
3. Section 02530 Sanitary Sewer System
4. Section 02920 Lawns and Grasses
1.03 MEASUREMENT AND PAYMENT
A. Include work specified in this Section in the lump sum or unit price cost for the utility
installation as appropriate unless specifically specified elsewhere in the
specifications.
B. The following work shall be paid by the unit price as indicated in the Bid Form:
1. Undercut of unstable soils: Cu Yd
2. Rock excavation: Cu Yd
C. Take measurements for determination of unit price quantities in the presence of the
Engineer. Maintain daily log sheets of measured quantities. Log sheets must be
signed by Engineer and submitted with payment request. Payment shall not be
made for unit price quantities that have not been field verified by the Engineer.
Measurement shall be based on the actual quantities removed but not exceeding
the maximum trench dimensions as specified herein.
D. Payment for the unit price items shall be for all labor, materials, equipment, and
services required or reasonably implied by the Contract Documents and shall
include, but not be limited to, the following:
1. Undercut of unstable soils: Complete removal and disposal of undercut material
including, but not limited to, excavating, loading, hauling, and properly
disposing of excavated material. Providing Class I material for backfilling shall
include, but not be limited to, material, loading, hauling, placing and compacting
in accordance with these specifications.
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2. Rock excavation: Complete removal and disposal of excavated rock material
including, but not limited to, drilling, blasting, excavating, loading, hauling, and
properly disposing of excavated material. Rock excavation for manholes shall
be paid for on the maximum basis of 1 -foot greater diameter than the outside
diameter of the manhole and to a depth of 1 foot greater than the bottom of the
manhole. Providing Class I material for backfilling shall include, but not be
limited to, material, loading, hauling, placing and compacting in accordance with
these specifications.
1.04 REFERENCED STANDARDS
A. The latest revision, at the time of bidding, of the publications listed below form a part
of this specification to the extent referenced. The publications are referred to in the
text by basic designation only.
1. N.C. Department of Transportation - Standard Specifications for Roads and
Structures (NCDOT).
2. American Society of Testing Materials (ASTM)
a. D698 Moisture -Density Relations of Soils and Soil -Aggregate Mixtures
Using 5.5 -Ib (2.49 Kg) Rammer and 12 -inch Drop (Standard
Proctor).
b. D1556 Density of Soil in Place by the Sand -Cone Method.
c. D1586 Penetration Test and Spilt -Barrel Sampling of Soils.
d. D2049 Test for Relative Density of Cohesionless Soils.
e. D2216 Laboratory Determination of Water (Moisture) Content of Soil,
Rock, and Soil -Aggregate Mixtures.
f. D2487 Classification of Soils for Engineering Purposes.
3. Uni-Bell PVC Pipe Association
a. B-5-89 Recommended Practice for the Installation of Polyvinyl Chloride
(PVC) Sewer Pipe.
1.05 DEFINITIONS
A. Backfill: A specified material used in filling the excavated trench and placed at a
specified degree of compaction.
1. Materials: Materials listed herein include processed materials plus the soil
classifications listed under the Unified Soil Classification System, (USCS)
(Method D2487 and Practice D2488). The soil materials are grouped into five
broad categories according to their suitability for this application.
a. Class I: Angular, 6 to 40 -mm (1/4 to 1 -1/2 -in), graded stone, including a
number of fill materials that have regional significance such as coral, slag,
cinders, crushed stone, and crushed shell.
b. Class II: Coarse sands and gravels with maximum particle size of 40 mm
(1-1/2 in.), including various graded sands and gravels containing small
percentages of fines, generally granular and noncohesive, either wet or
dry. Soil Types GW, GP, SW, and SP are included in this class.
c. Class III: Fine sand and clayey gravels, including fine sands, sand -clay
mixtures, and gravel -clay mixtures. Soil Types GM, GC, SM, and SC are
included in this class.
d. Class IV: Silt, silty clays, and clays, including inorganic clays and silts of
medium to high plasticity and liquid limits. Soil Types MH, ML, CH and CL
are included in this class. These materials shall not be used for bedding,
haunching, or initial backfill.
e. Class V: This class includes the organic soils OL, OH, and PT as well as
soils containing frozen earth, debris, rock larger than 40 mm (1 1/2 in.) in
Trenching for Utilities 02315-2 3097-F: 04/30/15

diameter, and other foreign materials. These materials shall not be used for
bedding, haunching, or initial backfill.
2. Backfill Zones: Each backfill zone shall extend the full width of the trench
bottom.
a. Foundation: Extending down from the bottom of bedding zone as defined
below.
b. Pipe Embedment
1) Bedding: Extending from 4 inches below the pipe bottom to the pipe
bottom for 30 -inch diameter and smaller and 6 inches below the pipe
bottom for pipes larger than 30 inches in diameter.
2) Haunching: Extending from the bedding (bottom of the pipe) to the
pipe spring line.
3) Initial Backfill: Extending from the haunching (pipe spring line) to 1 foot
above the top of the pipe.
c. Final Backfill: Extending from the initial backfill to the finish ground
elevation.
B. Laying Conditions:
1. Type 1: Flat bottom trench with loose backfill.
2. Type 2: Flat bottom trench with backfill lightly consolidated to centerline of pipe.
3. Type 3: Pipe bedded in 4 inches minimum of loose soil and backfill lightly
consolidated to top of pipe.
4. Type 4: Pipe bedded on Class I material to 1/8 pipe diameter (4 inch minimum)
Backfill compacted to top of pipe a minimum of 80 percent of standard proctor.
5. Type 5: Pipe bedded in compacted Class I material to pipe centerline with 4 -
inch minimum under pipe. Backfill to top of pipe with Class I, II, or III and
compact to 90 percent of standard proctor.
C. Compaction: Process of mechanically stabilizing a material by increasing its density
at a controlled moisture condition. "Degree of compaction" shall be expressed as a
percentage of the maximum dry density obtained by the test procedure presented in
ASTM D698 (Standard Proctor).
D. Excavation: The removal of soil or rock to obtain a specified depth or elevation.
E. Hard Material: Solid, homogeneous material which is not included in the definition of
"rock" but which may require the use of heavy excavation equipment with ripper
teeth. Amount must exceed 1 cubic yard in volume. Material having a standard
penetration resistance as determined by ASTM D1586 between 60 and 150 blows
per foot is defined as "hard material."
F. Lift: Layer of soil placed on top of a previously prepared or placed soil
G. Rock: Solid, homogeneous material which cannot be removed without the
systematic drilling and blasting exceeding 1 cubic yard in volume. Material having a
standard penetration resistance as determined by ASTM D1586 greater than 150
blows per foot is defined as "rock." Removal of "hard material" will not be
considered rock excavation because of intermittent drilling and blasting that is
performed merely to increase production.
H. Pipe Springline: A line running horizontally through the center of the pipe
I. Topsoil: Natural, friable soil, representative of productive soils in the vicinity of the
site. Topsoil shall be free from roots, stones larger than 1 inch, objectionable weed
seeds, toxic substances, and materials that hinder grading, planting, and
maintenance operations.
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1.06 SUBMITTALS
A. Submit the following in accordance with Section, Submittal Procedures:
1. Catalog Data: Submit manufacturer's standard drawings or catalog cuts for the
following. Clearly indicate equipment to be furnished for the Project including
options to be provided.
a. Warning / Identification tape.
PART2 PRODUCTS
2.01 STONE
A. Class I material shall be #67 or #78M stone in accordance with NCDOT
specifications Section 1005, General Requirements for Aggregate.
2.02 WARNING AND IDENTIFICATION TAPE
A. Tape shall be a minimum 3 -inch wide polyethylene plastic tape manufactured
specifically for identification of buried utilities with means of enabling detection by a
metal detector to a
minimum depth of 3 feet. Tape shall be color coded and
continuously imprinted with warning and identification markings in bold black letters
to read "CAUTION
- BURIED (utility) LINE BELOW." Color and printing shall be
permanent, unaffected by moisture or soil and shall be as follows:
Utility
Color Marking
1. Water
Blue Caution - Buried Water Line Below
2. Gravity Sewer
Green Caution - Buried Sewer Line Below
3. Force Main
Green Caution - Buried Force Main Below
4. Electric
Red Caution - Buried Electric Line Below
5. Gas
Yellow Caution - Buried Gas Line Below
6. Telephone
Orange Caution - Buried Telephone Line Below
7. SCADA
Orange Caution - Buried SCADA Line Below
B. Tape shall be by
Blackburn Manufacturing, Joseph G. Pollard Co., or Reef
Industries Inc.
2.03 TRACER WIRE
A. Tracer wire shall be #12 solid copper wire. All connections shall be by wire nuts and
taped.
B. Splices in tracer wire are to be kept to a minimum and joined with copper split nuts
of appropriate size.
PART 3 EXECUTION
3.01 PROJECT SAFETY
A. Contractor is responsible for Project safety.
B. Perform work in conformance with applicable State and Federal safety regulations
including, but not limited, to the following:
1. North Carolina Safety and Health Standards for the Construction Industry
(29CFR 1926 Subpart P).
2. NC OSHA Industry Guide No. 14, Excavations.
3. NC OSHA Industry Guide No. 20, Crane Safety.
Trenching for Utilities 02315-4 3097-F: 04/30/15

C. Provide barriers, warning lights, and other protective devices at excavations as
necessary for safety of workers and the public.
D. Provide sloping of bank, shoring, sheeting, or other means of maintaining the
stability of the trench in accordance with the requirements of the Associated
Contractor's Manual of Accident Prevention OSHA, Part 1926.P.
3.02 PROTECTION OF UNDERGROUND FACILITIES
A. Refer to paragraph 4.04 of the General Conditions and SC -4.04.A.2 of the
Supplementary Conditions concerning the protection of Underground Facilities.
B. Approximate locations of existing underground facilities at the site are indicated on
the Drawings based on information available to the Engineer. Engineer and Owner
do not take responsibility for the accuracy of the information.
C. Investigate underground facility locations prior to the start of construction.
D. Repair damage to existing facilities at no additional cost to the Owner.
E. A change in conditions may be considered due to the location of the existing
facilities as allowed in the General Conditions. This does not include the cost for
repair of damaged facilities not properly located in advance of construction.
F. Separation distances shall be in accordance with utilities requirements.
3.03 CONSTRUCTION STAKING
A. Provide construction staking as indicated in paragraph 4.05 of the General
Conditions. Engineer will only provide key reference points and benchmarks.
B. Provide construction staking. Owner will provide key reference points and
benchmarks for construction, which in the Engineer's judgment are necessary to
enable Contractor to proceed with the Work. Contractor shall be responsible for
laying out the Work as necessary for construction. Contractor shall protect and
preserve the established reference points and property monuments.
C. Contractor shall report to Engineer whenever a reference point or property
monument is lost or destroyed or requires relocation because of necessary changes
in grades or locations. Contractor shall be responsible for the accurate replacement
or relocation of such reference points or property monuments by a registered
professional surveyor in the State of North Carolina.
3.04 LOCATION OF INSTALLED UTILITIES
A. Contractor shall be responsible for locating contract installed utilities as requested
by third parties proposing to dig in the contract area until the date that the entire
contract is recommended for final payment by Engineer to Owner.
3.05 WATER CONTROL
A. Prevent surface water from entering the trench.
B. When trench bottom is below the existing ground water table, install a dewatering
system to maintain water table 1 foot below trench bottom. Provide a man
experienced in dewatering work at the job site.
C. Maintain dewatering until backfilling has proceeded above the existing ground water
level.
D. Dispose of water from dewatering operations in accordance with the North Carolina
Sedimentation Pollution Control Act.
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3.06 USE OF EXPLOSIVES
A. Obtain required permits for blasting.
B. Store, handle, and use explosives in accordance with local and state regulations, or
in the absence of such, in accordance with the provisions of the "Manual of Accident
Prevention and Construction" of the Associated General Contractors of America,
Inc.
C. Conduct survey and document existing conditions of facilities prior to blasting.
Provide seismographic monitoring during progress of blasting operations.
D. Use explosives in such a way to minimize vibration to existing utilities and
structures.
E. Provide only experienced men for blasting in accordance with accepted practices.
F. Contractor is responsible for safety of life and damage to property resulting from the
use of explosives.
3.07 EXCAVATING
A. Excavation shall be by open cut, unless otherwise indicated on the Drawings or
specified herein. Short sections of trench may be tunneled or direct bored with the
approval of the Engineer.
B. Stockpile excavated material in such a manner that it will not obstruct the flow of
runoff, streams, endanger Work, impair the use or appearance of existing facilities,
or be detrimental to the completed Work.
C. Contractor shall segregate excavated material so as to maintain material suitable for
backfill separate from material that is unsuitable.
D. Trench dimensions at the pipe embedment and foundation zone unless noted
otherwise shall be as follows:
1. Minimum width: Pipe outside diameter plus 18 inches.
2. Maximum width: Pipe outside diameter plus 24 inches.
3. Sides shall be vertical to a minimum of one foot above the top of pipe.
E. Shape trench bedding to provide uniform bearing for the full pipe length. Bottom
shall be free of protrusions that could cause point loading on pipe. Provide bell holes
as required for properly making pipe joint.
F. Do not over excavate. Excavation below grade without approval of Engineer shall be
backfilled with Class I material at no additional cost.
G. Undercut soils that become unsatisfactory by construction activity or by being left
exposed to the weather and backfill with Class I material at no additional cost.
H. Remove shoring, bracing, and sheeting, unless otherwise noted, as the trench is
backfilled. Engineer shall have the authority to require that the sheeting be left in
place.
I. Excavation of trench shall not advance more than 200 feet ahead of the installation.
In no case should the excavation extend beyond that which can be backfilled by the
end of the workday.
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J. Correct unstable soil conditions encountered at trench foundation by one of the
following methods:
1. Excavate below grade as approved by Engineer and backfill with Class I
material or approved substitute material at unit price as indicated in Section,
Unit Prices.
K. Rock and Hard Material
1. Excavate rock and hard material to a minimum depth of 4 inches below the pipe
for pipes smaller than 30 inches and 6 inches for pipes 30 inches and larger.
L. Gravity Lines:
1. Excavate trench to the alignment and grade indicated on the Drawings.
M. Utility Structures: Provide a minimum of 12 inches below subgrade and backfill with
Class I compacted to 95 percent maximum density. If the soil conditions are found
to be unsuitable for structural stability of the manhole, Engineer may require
additional depth of Class I material.
3.08 BACKFILLING
A. Weather Limitations: Proceed with backfill operations based on the following
weather conditions:
1. Temperature must be above freezing and rising.
2. In windy, hot, or and conditions with a high rate of evaporation add moisture to
the material to maintain the optimum moisture content.
3. Do not proceed in rain or on saturated subgrade.
4. Do not place material on surfaces that are muddy, frozen, or contain frost.
B. General
1. Maintain backfill operation within 200 feet from pipe laying operation.
2. Backfill trench to existing ground surface with select excavated material at the
specified compaction.
3. If excavated material is unsuitable to obtain specified compaction, provide
suitable off-site borrow material for backfill.
4. Re -excavate trenches improperly compacted. Backfill and compact as
specified.
5. Provide appropriate tamping equipment, and water to obtain proper moisture
content, to achieve specified compaction of backfill.
6. Conduct operation of heavy equipment above pipe installation as to prevent
damage to pipe.
7. Install warning / identification tape over utilities. Bury tape one foot below
finished grade above the utility.
8. Install tracer wire for non-metallic pressure pipe. Bury tracer wire with pipe.
Wire shall be looped into valve boxes to allow access for direct contact location.
C. Backfill in pipe embedment zone (bedding, haunching, and initial backfill).
1. General:
a. Backfill with material as specified below. Material shall be free from objects
larger than 2 inches.
b. Where rock and hard material has been excavated below pipe bottom,
backfill and compact bedding with Class I material. Class II or III material
may be used for bedding with Engineer's approval.
c. Place backfill material to assure placement of material under pipe
haunches.
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d. Take care during placement and compacting of material to avoid
movement of pipe.
2. Place backfill in bedding and haunching zones in 6 inch maximum lifts and
compact to 90 percent density. Place initial backfill in one lift do not compact.
Provide backfill material in pipe embedment zone as specified below.
a. Pressure Lines (Flexible and Rigid Pipe)
1) Excavation in Class I, Class II, and Class III soils suitable for bedding,
the bedding surface shall provide a firm foundation of uniform density.
Backfill with select excavated material.
2) Excavation in Class IV or Class V, running water, and other unstable
soil conditions, excavate a minimum of 4 inches below pipe bottom
and provide Class I material for bedding and haunch zone. Backfill with
Class I, II, or III material in initial backfill.
b. Gravity Sewer Lines, Rigid pipe (concrete and ductile iron)
1) Excavation in Class I, Class II, Class III, and stable Class IV soils
suitable for bedding, the bedding surface shall provide a firm
foundation of uniform density. Backfill with select excavated material.
2) Excavation in Class V, unstable Class IV soils, running water, and
other unstable soil conditions, excavate a minimum of 4 inches below
pipe bottom and provide Class I material for bedding and haunch zone.
Backfill with Class I, 11, or III material in initial backfill.
3) Ductile Iron over 16 inch
i) Depth 0 - 12 feet: Type 2 laying conditions same as for pressure
pipe.
ii) Depth over 12 feet: Provide Class I material for bedding and 4
inches up from bottom of pipe.
c. Gravity Sewer Lines, Flexible (PVC SDR 26 and Schedule 40)
1) Depth 0 to 14 ft: Provide Class I material for bedding and haunching.
Backfill with Class I, II, or III material in initial backfill.
2) Depth over 14 ft: Provide Class I material for bedding, haunching, and
initial backfill.
d. Gravity Sewer Lines, Semi-rigid pipe (PVC and ABS Truss Pipe)
1) Depth 0 to 14 ft: Provide Class I material for bedding and haunching.
Backfill with Class I, 11, or III material in initial backfill.
2) Depth over 14 ft: Provide Class I material for bedding, haunching, and
initial backfill.
D. Final Backfill
1. Backfill with materials free of stones and free of debris larger than 6 inches in
dimension. Place backfill in lifts not exceeding the thickness and compacted to
the minimum density specified below.
2. Trench backfilled with noncohesive materials may be compacted with water
flooding; except under roadways, shoulders of roadways, and other areas
subject to vehicular movement, provided the method of compaction is approved
by the Engineer and provides the degree of compaction required.
3. Lifts and density:
a. Undeveloped areas (i.e., forests, fields, and, croplands): Trench may be
filled with bulldozer blade provided material fall will not damage pipe.
Mound soil over the trench area sufficiently to settle level over time. Degree
of compaction shall be 85 percent.
b. Lawns: Backfill in 12 -inch lifts and compact to 90 percent. Top 12 inches
shall be free of material with a dimension over 2 inches.
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c. Roads (including Rights-of-way)
within 20 feet), and adjacent tc
compact to 95 percent.
d. Within 20 feet of foundations:
percent.
drives, parking areas (including areas
existing utilities: Backfill in 6 inch lifts
Backfill in 6 -inch lifts compacted to 95
E. Utility Structures: Bring backfill to grade in even lifts on all sides. Lift depths and
compaction densities shall be as specified according to area of installation for pipe
above. Backfill against cast -in-place concrete structure only after concrete has
attained the specified 28 -day compressive strength.
3.09 SOIL TESTING
A. Compaction tests may be made at the option of Engineer. An independent testing
laboratory will perform tests. Owner will pay for cost of the initial tests.
B. For each test that fails the compaction requirements, the testing firm at the direction
of the Engineer shall make two additional tests. Contractor shall pay cost of
additional tests made because of failure of compaction test.
C. Correct deficiencies in compaction.
3.10 PAVEMENT PATCHING
A. Repair damaged pavement structure.
B. Cut existing pavement for utility installation in straight lines generally parallel to the
utility. Properly dispose of removed pavement structure.
C. Extend pavement patch 1 foot beyond each side of trench on firm subgrade. Slope
new surface to drain.
D. Asphalt Pavements: Replace asphalt pavement with a pavement structure no less
than as detailed on the Drawings. For roadways under NC Division of Highways
jurisdiction, pavement shall be replaced in accordance with the requirements of the
encroachment agreement.
E. Concrete Pavements: Replace concrete pavement with pavement structure equal to
existing but no less than as detailed as Drawings. Concrete shall be minimum
3,000 psi. When existing concrete joint is within 5 feet of trench remove existing
concrete to joint. Provide expansion joint at edge of existing concrete. Surface
treatment shall match existing.
F. Curbs, Gutters, and Sidewalks: Replace curbs and gutters, and sidewalks removed
or damaged with similar sections to match the existing. Remove to nearest existing
joint.
G. Approval of Other Authorities: Pavements under the jurisdiction of the NC Division of
Highways shall be subject to the approval of a representative of that Division.
H. Raise existing and new manholes and valve boxes to finished pavement grade.
Excavate around top of existing manhole and valve box as necessary. Remove
existing top ring, and install new grade ring(s) as necessary. Install existing cover.
Raise existing valve box. Provide concrete collar around manhole ring and valve
box.
I. Pavement patching shall include the cost to adjust existing and new manhole and
valve boxes to finished pavement elevations.
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3.11 GRADING AND CLEAN-UP:
A. Provide for testing and clean up as soon as practicable, so these operations do not
lag far behind the pipe installation. Perform preliminary clean up and grading as
soon as backfill is complete.
B. Provide positive drainage of finished grade and drain away from structures. Finished
grade shall be reasonably smooth, compacted, free from irregular surface changes
and comparable to the adjacent existing ground surface.
C. Seed disturbed areas in accordance with Section, Lawns and Grasses.
D. Upon completion of backfilling, remove and properly dispose of excess material and
waste.
END OF SECTION
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SECTION 02370
EROSION CONTROL
PART GENERAL
1.01 SECTION INCLUDES
A. Work shall include, but not be limited to, the following:
1. Erosion control at project site.
2. Erosion control at borrow and disposal areas as required by Contractor. Cost
shall include erosion control permits as necessary for borrow and disposal
areas.
3. Removal of surface debris.
4. Temporary and permanent ground cover.
5. Maintain and remove erosion control devices.
6. Self Inspection and Monitoring
1.02 RELATED SECTIONS
A. The following Sections have work that is directly related to this Section. This does
not relieve the Contractor of his responsibility of proper coordination of all the work:
1. Section 02920 Lawns and Grasses
1.03 REFERENCED STANDARDS
A. "Erosion and Sediment Control Planning and Design Manual," issued by the N. C.
Sedimentation Control Commission.
1.04 QUALITY ASSURANCE
A. Conform to rules and regulations of the Erosion Control Laws of the State of North
Carolina, specifically the Sedimentation Pollution Control Act of 1973 (G.S. 113A) as
amended, and the local jurisdiction where the project is located.
B. Post a copy of the approved erosion control permit, furnished by Owner, at the site
prior to starting work. Maintain a copy of the approved erosion control plan at the
site.
C. Provide permanent ground cover as soon as possible, and no later than 15 working
days after completion of work in a specific area.
1.05 WARRANTY
A. Contractor is liable for damages to public and private property and fines as may be
placed on the Project by the governing agencies due to failure to provide adequate
erosion control devices.
PART2 PRODUCTS
2.01 MATERIALS
A. Matting / Erosion Control Fabric (ECF): Matting and ECF shall be a 70% straw and
30% coconut blanket encased in a medium weight plastic netting (both sides).
Matting shall be fully degradable but suitable until vegetation has been established.
Installation of ECF shall be done with staples per temporary liner detail in the
3097-F: 04/30/15 02370-1 Erosion Control

construction drawings. Commercially available ECFs may be used upon approval of
the engineer. Approval of fabrics will require manufacturer's design data regarding
velocity, shear strength, ditch slopes, method of installation, decay cycle, repair
techniques, and grass growth enhancement characteristics.
B. Wire Staples: 16 gauge steel wire, with minimum of 3" top and 4" long legs.
C. Gravel for Stone Filters: #57 crushed stone.
D. Filter Fabric: 7-1/2 oz. burlap fabric or other silt filtering fabric.
E. Riprap:
1. Class A: Stone shall conform to NCDOT standards and shall range in size from
2 to 6 -inches with the stone gradation being equally distributed within the
required size range.
2. Class B: Stone shall conform to NCDOT standards and shall range in size from
5 to 12 -inches with the stone gradation being equally distributed within the
required size range.
3. Type 1: Stone shall conform to NCDOT standards and shall range in size from
5 to 17 -inches with the stone gradation being equally distributed within the
required size range.
PART 3 EXECUTION
3.01 INSTALL EROSION CONTROL DEVICES
A. Install erosion control devices, which shall be in place and operational prior to other
land disturbing activity.
B. After installing erosion control devices as indicated on the Drawings, verify that
reasonable measures have been taken to prevent the sedimentation of nearby
watercourses, existing and new facilities, and adjacent property.
C. Should Contractor believe that additional measures are necessary to adequately
prevent erosion, immediately notify Engineer. If rain is predicted before the Engineer
can be notified, take measures as necessary to prevent siltation of nearby water
courses and work will be paid for as provided in the General Conditions.
D. After installing erosion control devices, request an inspection by the local agency
having jurisdiction and the Engineer.
E. Incorporate permanent erosion control work into the project at the earliest
practicable time. Coordinate temporary erosion control measures with permanent
erosion control measures and other work on the project to assure effective and
continuous erosion control throughout the construction and post construction period.
F. Maintain erosion control devices during construction until the disturbed areas are
stabilized and the agency having jurisdiction and the Engineer have approved the
removal of the erosion control devices.
3.02 BORROW AND DISPOSAL AREAS:
A. Obtain and pay for erosion control permit for borrow and disposal areas as required
by Contractor.
B. Install and maintain erosion control devices in accordance with Contractor's
approved plan.
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3.03 MAINTENANCE
A. Inspect erosion control devices after each rainfall. Make required repairs
immediately. Remove sediment deposits when deposits reach approximately one-
half of the capacity of the erosion control device.
B. Respread accumulated sediments on the project site in a manner that will not
adversely affect erosion control facilities and permanent ground cover.
C. Silt Fence: Should the filter fabric decompose or become ineffective before approval
of its removal by the Engineer, replace fabric immediately at no additional cost to
the Owner.
D. Temporary Construction Entrance: Maintain entrance in a condition that will prevent
tracking or flow of mud onto public rights-of-way. This may require periodic top
dressing with 2 inches of stone, as conditions require, at no additional cost to the
Owner.
3.04 SEEDING
A. Disturbed areas not covered by new construction shall be seeded.
B. Provide temporary and permanent seeding in accordance with Section, Lawns and
Grasses.
3.05 STABILIZATION AND CLEAN-UP
A. Remove erosion control devices upon the approval of the permanent stabilization of
this site by the agency having jurisdiction of the area and the Engineer. Dress
sediment deposits remaining in place after the erosion control devices are removed
to conform to the existing grade, prepared and seeded. Include cost of removal and
cleanup in the cost of the installation of the device.
3.06 SELF INSPECTION AND MONITORING
A. Provide self -inspection and reporting as required by the Sedimentation Pollution
Control Act for the duration of the project. These inspections will performed to
ensure that the approved sedimentation and erosion control measures on the
Drawings are installed, maintained, and working adequately.
1. The inspections need to be conducted after each phase of the project, and
continue until permanent ground cover is established.
2. The self -inspection forms and information regarding this program are available
at the following website: httl):Hportal.ncdenr.om/web/Ir/erosion
3. Documentation of inspections shall be recorded on a single copy of the
approved erosion and sedimentation control drawings. These Drawings and
inspection reports shall be made available at the project site.
B. Provide weekly self-monitoring in accordance with the NPDES Stormwater permit
for all construction activities.
END OF SECTION
3097-F : 04/30/15 02370-3 Erosion Control

SECTION 02445
BORE AND JACK OF CONDUITS
PART GENERAL
1.01 SCOPE
A. Provide, complete in place, carrier pipe installed within steel encasement pipe under
highways as indicated on the Drawings.
1.02 RELATED SECTIONS
A. The following Sections have work that is directly related to this Section. This does
not relieve the Contractor of his responsibility of proper coordination of all the work:
1. Section 02315 Trenching for Utilities
2. Section 02530 Sanitary Sewer System
1.03 INDUSTRY REFERENCES
A. The latest revision, at the time of bidding, of the publications listed below form a part
of this specification.
1. Highway Crossing: Install pipe under highways in accordance with "Policies and
Procedures for Accommodating Utilities on Highway Rights -of -Way," NC
Department of Transportation, as a minimum.
1.04 SUBMITTALS
A. Submit the following in accordance with Section, Submittal Procedures:
1. Affidavit of Compliance: Affidavit shall attest that supplied products conform to
the referenced standard and this specification and that all tests set forth in each
applicable referenced publication have been performed and that all test
requirements have been met. Submit for each of the following materials:
a. Encasement Pipe.
2. Catalog Data: Submit manufacturer's standard drawings or catalog cuts for the
following. Clearly indicate equipment to be furnished for the Project including
options to be provided.
a. Pipe support.
b. Casing seal.
1.05 QUALITY ASSURANCE
A. Work covered in this Section of the specifications is within the right(s)-of-way of the
following:
1. N.C. Department of Transportation (NCDOT)
a. All Work in DavidsonCounty
b. Division 9, District 1
c. Chris T. Corriher — District Engineer
4770 South Main Street
Salisbury, NC 28147
Phone: [phone]
B. Bear costs, including but not limited to, bonds, insurance, coordination, inspection
fees, flagmen, permanent and temporary signage, etc. as required by the respective
agency indicated above. Specific agency requirements are indicated in the
Encroachment Agreement as attached to Section, Supplementary Conditions.
3097-F: 05/18/15 02445-1 Bore & Jack of Conduits

C. Comply with requirements of the Encroachment Agreement(s).
D. Prior to start of Work provide notifications as indicated in the Encroachment
Agreement.
E. Work shall conform to the requirements and be subject to the approval of the above
agency.
PART2 PRODUCTS
2.01 MATERIALS
A. Encasement Pipe: Encasement pipe shall be uncoated, welded steel meeting ASTM
A-139, Grade B, with minimum yield strength of 35,000 psi. Pipe length, and size
shall be as indicated on the Drawings. The minimum wall thickness shall be as
shown below. Encasement thickness shall be stenciled on exterior of pipe.
1. N.C. Department of Transportation
Pipe Size (O.D.-inches) Wall Thickness (inches)
4-12-3/4 0.188
16-24
0.250
30
0.312
36
0.375
42
0.500
48
0.500
B. Carrier Pipe: Carrier pipe shall be of the type, size, and joints as indicated on the
Drawings and specified in Section, Sanitary Sewer System.
C. Pipe Support: Provide pipe supports designed and manufactured for the support of
the carrier pipe size and material to be used for the Project within the encasement
size indicated on the Drawings. Supports shall be designed to carry the pipe at the
support spacing specified and meet the following minimum requirements:
1. Band Width: 8 inches for pipes 14 inches and under and 12 inches for pipes 16
inches and over.
2. Band and Riser Material: 14 gauge steel for band and riser except if the riser is
over 6 inches high the steel shall be 10 gauge for riser. Riser shall be of the
channel shape. Band with risers shall a fusion bonded PVC coating of a
minimum of 10 -mil thickness. Band shall be bolted together with stainless steel
bolts, nuts, and washers.
3. Band Liner: Provide PVC liner a minimum of 0.09 inches.
4. Runners: Glass Reinforced Polyester or UHMW Polymer plastic. Runner shall
be a minimum of 1 inch wide and not more then 1 inch shorter than the
bandwidth. Provide 2 top and 2 bottom runners for pipe sizes through 12 inches
and 2 top and 4 bottom runners for pipes over 12 inches.
5. Pipe position within casing: Centered and Restrained.
6. Support Spacing:
a. General:
1) Provide a support within one foot on each side of joints. Provide a
support within one foot of each end of casing.
Bore & Jack of Conduits 02445-2 3097-F: 05/18/15

2) Provide additional supports as needed per manufacturer's
recommendations.
b. PVC: Provide pipe supports at a maximum of 6 foot spacing along pipe in
addition to the above requirement.
7. Supports shall be as manufactured by Advance Products & Systems, Inc.,
Pipeline Seal and Insulator, Inc or equal.
D. Casing End Seal: Provide casing seal designed and manufactured for sealing
around the casing and carrier pipe. The seal may be a wrap-around or a pull -on.
Seal shall be made of 1/8 -inch thick synthetic rubber. Seal shall be secured with
stainless steel banding straps with worm gear tightening device.
PART 3 EXECUTION
3.01 GENERAL
A. Verify the subsurface conditions at each boring site. Payment will not be made for
encasement pipe installed but not usable.
B. Stabilize and maintain bore pit bottom to provide proper equipment support and
maintain pipe alignment. Dewater as necessary for site. Excavate bore pit in
accordance with OSHA regulations. Provide adequate barricades, railings, and
warning lights throughout the boring operation. Conduct operation in such a manner
so as not to create a hazard to, nor impede the flow of traffic.
C. Install encasement pipe by dry boring and jacking.
D. Boring auger diameter shall not be greater than the outside diameter of the
encasement pipe and shall not extend more than 6 -inches ahead of the cutting edge
of the encasement pipe. Fill voids that are formed during the operation with a 1:3
portland cement grout pumped at 50 psi to ensure that there will be no settlement of
the roadway.
E. As the boring operation progresses, butt weld each new section of the encasement
pipe to the section previously jacked into place. Maintain proper alignment. Confirm
the grade of the encasement pipe as the Work progresses.
F. If an obstruction is encountered during the boring operation, efforts should be made
to remove the obstruction. If obstruction cannot be removed, withdraw the
encasement pipe and fill the void with 1:3 portland cement grout at 50 psi. If the
encasement pipe cannot be withdrawn, seal ends before moving to another bore
site. Engineer shall approve location of new bore site. A maximum of two (2)
attempts as described above as necessary, including additional bore pits, shall be
made by the Contractor at the bid unit price.
G. If, after the second attempt, it is found to be impossible to install the encasement
pipe by boring due to rock or some other obstruction, a change order will be
negotiated for placing the pipeline by appropriate method in accordance with the
Contract Documents.
H. Provide seals at each end of encasement pipe
3097-F : 05/18/15 02445-3 Bore & Jack of Conduits

3.02 CARRIER PIPE
A. Install carrier pipe in
Supports shall prevent
supports as specified.
the encasement pipe using manufactured pipe supports.
movement of the carrier pipe within the encasement. Space
END OF SECTION
Bore & Jack of Conduits 02445-4 3097-F : 05/18/15

SECTION 02530
SANITARY SEWER SYSTEM
PART GENERAL
1.01 SECTION INCLUDES
A. Work under this section includes, but is not limited to, piping, valves, and
appurtenances for a complete sanitary sewer collection system.
1.02 RELATED SECTIONS
A. The following Sections have work that is directly related to this Section. This does
not relieve the Contractor of his responsibility of proper coordination of all the work:
1. Section 02315 Trenching for Utilities
2. Section 02445 Bore & Jack of Conduits.
1.03 REFERENCES
A. Publications are referred to in the text by basic designation only.
1. American Society for Testing and Materials (ASTM)
a. A126 Gray iron Castings and Valves, Flanges and Pipe Fittings.
b. C361 Reinforced Concrete Low -Head Pressure Pipe.
c. C443 Flexible Watertight Joints for Precast Manhole Sections
d. C478 Precast Reinforced Concrete Manhole Sections
e. C890 Minimum Structural Design Loading for Monolithic or Sectional
Precast Concrete Water and Wastewater Structures
f. C923 Resilient Connectors Between Reinforced Concrete Manhole
Structures, Pipes and Laterals
g. C1244 Test Method for Concrete Sewer Manholes by the Negative Air
Pressure
h. D1248 Polyethylene Plastics Molding and Extrusion Materials
i. D1784 Rigid Poly(Vinyl Chloride) (PVC) Compounds and Chlorinated
Poly(Vinyl Chloride) (CPVC) Compounds
j. D2241 Poly(Vinyl Chloride) (PVC) Pressure Rated Pipe (SDR Series)
k. D 2321 Recommended Practice for Underground Installation of Flexible
Thermoplastic Sewer Pipe
I. D2680 Acrylonitrile -Butadiene -Styrene (ABS) and Poly(Vinyl Chloride)
(PVC) Composite Sewer Pipe
m. D3034 Type PSM Poly(Vinyl Chloride) (PVC) Sewer Pipe and Fittings
n. D3139 Joints for Plastic Pressure Pipes Using Flexible Elastomeric Seals
o. D3350 Polyethylene Plastics Pipe and Fittings Materials
p. F477 Elastomeric Seals (Gaskets) for Joining Plastic Pipe
q. F794 Poly(Vinyl Chloride) (PVC) Profile Gravity Sewer Pipe and Fittings
Based on Controlled Inside Diameter
r. F949 Poly(Vinyl Chloride) (PVC) Corrugated Sewer Pipe With a Smooth
Interior and Fittings
s. F894 Specification for Polyethylene (PE) Large Diameter Profile Wall
Sewer and Drain Pipe
t. F1483 Specification for Oriented Poly(Vinyl Chloride) PVCO, Pressure
Pipe
3097-F: 04/30/15 02530-1 Sanitary Sewer System

American Water Works Association (AWWA)
a. C104 Cement -Mortar Lining for Ductile -Iron Pipe and Fittings for Water
b. C105 Polyethylene Encasement for Ductile -Iron Piping for Water and
Other Liquids
c. C110 Ductile -Iron and Gray -Iron Fittings, 3 inch through 48 inch, for
Water and Other Liquids
d. C115 Flanged Ductile -Iron Pipe with Threaded Flanges
e. C151 Ductile -Iron Pipe, Centrifugally Cast in Metal Molds or Sand -Lined
Molds, for Water or Other Liquids
f. C153 Ductile -Iron Compact Fittings, 3 inch through 16 inch, for Water
and Other Liquids
g. C504 Rubber -Seated Butterfly Valves
h. C507 Ball Valves, 6 inch through 48 inch
i. C508 Swing -Check Valves for Waterworks Service, 2 inch Through 24
inch NPS
j. C509 Resilient -Seated Gate Valves for Water Supply Service
k. C512 Air -Release, Air / Vacuum, and Combination Air Valves for
Waterworks Service
I. C550 Protective Epoxy Interior Coatings for Valves and Hydrants
m. C600 Standard for Installation of Ductile Iron Water Mains and Their
Appurtenances
n. C605 Underground Installation of Polyvinyl Chloride (PVC) Pressure
Pipe and Fittings for Water
o. C900 Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 4
inch through 12 inch, for Water Distribution
p. C906 Polyethylene (PE) Pressure Pipe and Fittings 4 inch through 63
inch for Water Distribution
q. C909
r. M23 PVC Pipe - Design Installation
3. National Sanitation Foundation (NSF) Standards
a. 14 Plastic Piping Components and Related Materials
4. UNI -BELL Plastic Pipe Association (UNI)
a. B-5 Recommended Practice for the Installation of Polyvinyl Chloride
(PVC) Sewer Pipe
b. B-6 Recommended Practice for Low -Pressure Air Testing of Installed
Sewer Pipe
1.04 SUBMITTALS
A. Submit the following in accordance with Section, Submittal Procedures:
1. Affidavit of Compliance: Affidavit shall attest that supplied products conform to
the referenced standard and this specification and that tests set forth in each
applicable referenced publication have been performed and that test
requirements have been met. Submit for each of the following materials:
a. Pipe
1) Ductile iron
2) Polyvinyl Chloride (PVC) gravity sewer pipe
i) SDR 26
ii) Schedule 40
3) Cast iron soil pipe
b. Pre -cast concrete manholes
Sanitary Sewer System 02530-2 3097-F : 04/30/15

2. Catalog Data: Submit manufacturer's standard drawings or catalog cuts for the
following. Clearly indicate equipment to be furnished for the Project including
options to be provided.
a. Pipe
1) Ductile iron
2) Ductile Iron with restrained joints
3) Polyvinyl Chloride (PVC) gravity sewer pipe
I) SDR 26
ii) Schedule 40
4) Cast iron soil pipe
b. Pre -cast Concrete Manholes and the following appurtenances:
1) Manhole steps
2) Pipe connectors
3) Joint material
4) Castings
c. Service saddles
3. Reports:
Field test report for each section of pipe for the following:
1) Pressure test for force mains.
2) Low-pressure air test for gravity mains.
3) Vacuum test for manholes.
1.05 DELIVERY, STORAGE, AND HANDLING
A. Provide a suitable pipe hook or rope sling when handling the pipe with a crane.
Lifting of the pipe shall be done in a vertical plane. Under no conditions shall the
sling be allowed to pass through the pipe unless adequate measures are taken to
prevent damage to both tongue and groove ends.
B. Deliver pipe in the field as near as practicable to the place where it is to be installed.
Distribute pipe along the side of the trench opposite to the spoil bank. Where
necessary to move the pipe longitudinally along the trench, it shall be done in such a
manner as not to injure the pipe or coating.
C. Shield PVC pipe and fittings stored on site from the sun's ultraviolet rays by suitable
cover, or indoor storage.
PART2 PRODUCTS
2.01 DUCTILE -IRON PIPE
A. Pipe and fittings shall conform to the following requirements:
1. Size shall be as indicated on the Drawings.
2. Suitable for a system working pressure of 350 psi.
3. Cement -mortar lined with seal coat in accordance with AWWA.
B. Ductile -iron pipe for below ground service shall have push -on or mechanical joints,
unless noted otherwise on the Drawings, conform to AWWA C151, and to the
following requirements:
1. Pipe thickness class shall be suitable for a laying condition as specified in
Section, Trenching for Utilities, at the depth indicated on the Drawings, and at
the system working pressure specified above.
2. Provide mechanical joint fittings, unless noted otherwise on the Drawings.
3097-F: 04/30/15 02530-3 Sanitary Sewer System

2.02
3. Pipes to be painted shall have only a shop primer on the outside by the
manufacturer. Verify that proposed manufacturer's primer is compatible with the
proposed paint system.
C. Fittings for ductile -iron pipe shall conform to AWWA C110, or C153 and to the
following requirements:
1. Joint type shall be as specified above for the supplied ductile -iron pipe.
2. Fittings shall be made of gray -iron or ductile -iron.
D. Special Pipe Joints
1. Restrained
a. Provide restrained joint pipe at fittings and valves where indicated on the
Drawings. Length of restrained pipe shall be as shown. Restrained joints
shall be Snap -Lok (Griffin Pipe), Flex Ring and Lok -Ring (American), TR
Flex (U.S. Pipe) or approved equal.
b. Restrained joint pipe and fittings shall meet all AWWA standards and other
requirements as specified above for standard ductile iron pipe and fittings
unless addressed herein.
c. Field made joints are allowable but should be avoided where possible.
Careful planning to locate field cuts in standard pipe sections is preferred.
For field made joints in restrained piping, use field weldments or an insert
equal to TR Flex Gripper Rings or approved equal. Gasket type field made
joints will not be allowed.
d. Restrained joint fittings shall be provided by the restrained joint pipe
supplier where located within restrained joint pipe sections. Fittings shall
be of the same model / type as the pipe supplied from the pipe
manufacturer.
e. Restrained joint fittings may be push -on joint type.
f. Megalugs, Series 1100, as manufactured by EBAA Iron Sales or approved
equal shall be allowable for restraint where fittings or valves are not
available with restrained joints from the pipe manufacturer.
g. Where additional fittings/valves are required and not shown on Drawings,
consult with Engineer for length of restrained joint pipe necessary each
side of fittings/valve prior to installation of pipe/fitting.
h. Contractor shall develop a field layout schedule and drawing for restrained
joint pipe installations.
POLYVINYL CHLORIDE (PVC) GRAVITY SEWER PIPE
A. General
1. Pipe and fitting size shall be as indicated on the Drawings.
2. PVC materials shall comply with ASTM D1784 with a cell classification of
12454-B.
3. Pipe shall have an integral elastomeric-gasket bell end. Gaskets shall be in
conformance with ASTM F477.
4. See Section, Trenching for Utilities, for trench bedding and haunching
requirements.
B. SDR 26: PVC SDR 26 gravity sewer pipe 4 -inch to 15 -inch and related fittings shall
conform to ASTM D-3034 and the following requirements:
1. Pipe shall have standard dimension ratio of SDR 26.
2. Nominal pipe length shall be a minimum of 13 feet.
Sanitary Sewer System 02530-4 3097-F: 04/30/15

2.03 CAST IRON SOIL PIPE
A. General: Pipe and fitting size shall be as indicated on the Drawings.
B. Cast iron soil pipe shall be service weight hub and spigot meeting Federal WW -401.
C. The joints shall be rubber -type elastomeric as per ASTM C425.
2.04 MANHOLES
A. Provide manholes made of precast concrete sections in conformance with ASTM
C478, NC Department of Transportation, and the following requirements:
1. General
a. Provide manholes to the depth as indicated on the Drawings. Manhole
inside diameter shall be 4 feet unless noted otherwise on the Drawings.
b. Precast concrete manholes shall be as manufactured by Adams Concrete,
Carolina Precast Concrete, Inc., D & M Concrete Specialties, Inc., N. C.
Products Corp., Stay Right Tank, Tindall Concrete Products, Inc. or
approved substitute.
2. Precast Concrete Sections
a. Minimum wall thickness shall be 5 -inches.
b. Base: Cast monolithically without construction joints or with an approved
PVC waterstop in the cold joint between the base slab and the walls. The
width of the base extensions on Extended Base Manholes shall be no less
than the base slab thickness.
c. Riser: Minimum lay length of 16 inches.
d. Eccentric Cone: Top inside diameter shall be 24 inches. Width of the top
ledge shall be no less than the wall thickness required for the cone section.
e. Transition Cone: Provide an eccentric transition from 60 -inch and larger
manholes to 48 -inch diameter risers, cones, and flat slab top sections.
Minimum slope angle for the cone wall shall be 45 degrees.
f. Transition Top: Provide an eccentric transition from 60 -inch and larger
manholes to 48 -inch diameter risers, cones, and flat slab top sections.
Transition Top sections shall be furnished with vents as shown on the
manhole details. Tops shall not be used in areas subject to vehicle traffic.
g. Flat Slab Top: Designed for HS -20 traffic loadings as defined in ASTM
C890. Items to be cast into Special Flat Slab Tops shall be sized to fit
within the manhole ID and the top and bottom surfaces. Provide a float
finish for exterior slab surface.
h. Precast or core holes for pipe connections. Diameter of hole shall not
exceed outside diameter of pipe by more than 3 -inches.
i. Grade Rings: May be used to adjust frame and cover to finished grade.
Grade Rings shall be no less than 4 inches in height.
j. Lifting Devices: Devices for handling precast components shall be provided
by the precast manufacturer and comply with OSHA Standard 1926.704.
3. Joints
a. Manufacturer in accordance with tolerance requirements of ASTM C 990
for butyl type joints.
b. Minimize number of joints. Do not use riser section for manholes up to 6
feet tall and no more than one riser for each additional 4 feet in height.
c. Flexible Joint Sealants: Preformed butyl rubber based sealant material
conforming to Federal Specification SS -S -210A, Type B and ASTM C990.
3097-F: 04/30/15 02530-5 Sanitary Sewer System

d. External Seal: Polyethylene backed flat butyl rubber sheet no less than
1/16 -inch thick and 6 -inches wide.
4. Inverts
a. Brick and mortar or precast concrete invert.
b. Form and finish invert channel to provide a consistent slope from inlet(s) to
outlet up to 4 -inches.
c. Channel walls shall be formed to 3/4 of the height of the outlet pipe
diameter.
d. Finish benches with a minimum uniform 1.5:12 slope. Provide a 1/4 -inch
radius at the edge of bench and trough.
5. Flexible Pipe Connectors: Provide flexible connectors for pipe to manhole that
conform to ASTM C923. Location of connectors shall vary from Project
Drawings no more than 1/2 -inch vertically and 5 degrees horizontally. Provide
stainless steel pipe clamp type band around flexible connection to sewer pipe.
6. Manhole Steps:
a. Steps shall be in accordance with ASTM C478 and made of 1/2 -inch grade
60 steel encapsulated by co -polymer polypropylene and have serrated
tread and tall end lugs.
b. Secure steps to the wall with compression fit in tapered holes or cast -in-
place. Align steps along a vertical wall and shall not be located over a pipe
opening. First step shall be a maximum of 26 inches from the bottom.
c. Steps shall be by American Step Co., Inc., Bowco Industries, Inc., M. A.
Industries, Inc. or approved substitute.
2.05 CASTINGS
A. General
1. Made of gray iron, ASTM A-48 - class 30, or ductile iron, ASTM A536, grade
65-45-12.
2. Castings shall be free from imperfections not true to pattern. Casting tolerances
shall be plus or minus 1/16 -inch per foot of dimension. Top shall set neatly in
frame, with edges machined for even bearing and proper fit to prevent rattling
and flush with the edge of frame.
3. Castings shall be as manufactured by Neenah Foundry Co., U.S. Foundry &
Manufacturing Corp., or Vulcan Foundry
B. Manhole Frame and Cover:
1. Minimum clear opening shall be 22 inches.
2. Minimum weight for frame and cover shall be 300 pounds and suitable for
Heavy Duty Highway Traffic Loads of H-20.
3. Frame shall have four 3/8 -inch anchor bolt holes equally spaced.
4. Cast "Sanitary Sewer" on the cover. Casting shall bear the name of the
manufacturer and the part number.
5. Provide cover with two 1 -inch perforated holes unless noted as watertight on
the Drawings.
6. Provide the following where indicated on the Drawings:
a. Ring and cover shall be watertight.
b. Bolt down cover. Bolt down covers shall be provided with four (4) 3/8 -inch
stainless steel hex head bolts at 90 degrees.
Sanitary Sewer System 02530-6 3097-F: 04/30/15

2.06 SEWER SERVICE
A. Provide PVC service wye the same material as the main. Saddles shall be solvent
welded and fastened with double stainless steel bands.
B. Inserta Tee or approved equal shall be used for connection to PVC ribbed pipe
C. Service saddle for cast iron soil pipe services may be "ROMAC C" sewer saddles
consisting of a virgin SBR gasket compounded for sewer service, a ductile iron
saddle casting, a 304 stainless steel adjustable strap for fastening the gasket and
the saddle casting to the sewer main, and a 304 stainless steel adjustable circle
clamp for securing the service line into the SBR gasket.
PART 3 EXECUTION
3.01 GENERAL
3.02
A. Pipe installation shall meet the following general guidelines:
1. Lay pipe in the presence of Engineer, unless specifically approved otherwise.
2. Handle pipe and accessories in accordance with manufacturer's
recommendations. Take particular care not to damage pipe coatings.
3. Carefully inspect pipe immediately prior to laying. Do not use defective pipe.
Replace pipe damaged during construction.
4. Lay pipe to grade and alignment indicated on the Drawings.
5. Provide proper equipment for lowering pipe into trench.
6. Provide tight closure pipe ends when work is not in progress.
7. Keep pipe interior free of foreign materials.
8. Do not lay pipe in water or when the trench or weather conditions are
unsuitable for the work.
9. Clean bell and spigots before joining. Make joints and lubricate gasket in
accordance with pipe manufacturer recommendation.
10. Block fittings with concrete, or restrained as indicated on the Drawings or as
required to prevent movement.
B. Gravity Pipe: Gravity pipe installation shall meet the following general guidelines:
1. Lay pipe upgrade from the lower end and at the grades and alignment indicated
on the Drawings.
RELATION OF WATER MAINS TO SEWERS
A. Lateral Separation: Lay water mains at least 10 feet laterally from existing and
proposed sewers. Where existing conditions prevent a 10 -foot lateral separation, the
following shall be followed with approval of the Engineer:
1. Lay water main in a separate trench, with the elevation of the bottom of the
water main at least 18 inches above the top of the sewer.
2. Lay water main in the same trench as the sewer with the water main located at
one side on a bench of undisturbed earth, and with the elevation of the bottom
of the water main at least 18 inches above the top of the sewer.
B. Crossing Separation: Lay bottom of water main at least 18 inches above the top of
the sewer. Where existing conditions prevent an 18 -inch vertical separation,
construct both the water main and sewer of ferrous materials and with joints that are
equivalent to water main standards for a distance of 10 feet on each side of the
point of crossing.
3097-F: 04/30/15 02530-7 Sanitary Sewer System

C. Crossing a Water Main Under a Sewer: When it is necessary for a water main to
cross under a sewer, construct both the water main and the sewer of ferrous
materials and with joints equivalent to water main standards for a distance of 10 feet
on each side of the point of crossing. A section of water main pipe shall be centered
at the point of crossing.
3.03 SEWER PIPE
A. Lay sewer pipe to true lines and grades by use of laser beam equipment or other
acceptable means.
B. Minimum Separation Distances:
1. 100 -foot horizontal separation from wells or other water supplies.
2. 24 -inch vertical separation from storm sewers or ferrous pipe shall be used.
3. For separation from water mains see paragraph 3.02 above.
3.04 DUCTILE IRON PIPE
A. Install pipe in conformance with AWWA C600 and the following:
1. For laying pipe in a vertical or horizontal curve, each full length pipe may be
deflected by the following offset distance:
a. Push -on joint
1) 3 to 12 -inch pipe: 14 -inch offset
2) 14 to 36 -inch pipe: 8 -inch offset
b. Mechanical joint
1) 3 to 6 -inch pipe: 20 -inch offset
2) 8 to 12 -inch pipe: 15 -inch offset
3) 14 to 20 -inch pipe: 8 -inch offset
4) 24 to 36 -inch pipe: 6 -inch offset
3.05 MANHOLES
A. Set base plumb and level. Align manhole invert with pipe invert.
B. Secure pipe connectors to pipe in accordance with manufacturer's recommendation.
C. Clean bells and spigots of foreign material that may prevent sealing. Unroll the butyl
sealant rope directly against base of spigot. Do not stretch. Follow manufacturer's
instructions when using O-ring seals.
D. Set precast components so that steps align.
E. Plug lift holes using a non -shrink grout. Cover with a butyl sealant sheet on the
outside and seal on the inside with an application of an epoxy gel 1/8 -inch thick
extending 2 inches beyond the opening.
F. Set manhole frames to grade with grade rings. Seal joints between cone, adjusting
rings, and manhole frame with butyl sealant rope and sheet.
G. Apply external seal to the outside of joint.
H. Finish the interior by filling fractures greater than 1/2 -inch in length, width or depth
with a sand cement mortar.
I. Clean the interior of the manhole of foreign matter.
3.06 SEWER CLEANOUTS
A. Sewer cleanouts connected to ductile iron pipe shall also be ductile iron sewer pipe
conforming to these specifications.
Sanitary Sewer System 02530-8 3097-F: 04/30/15

B. Sewer cleanouts connected to PVC pipe shall also be PVC sewer pipe schedule 40
conforming to ASTM -D-3034 latest revision. Use elastomeric gaskets for pipe joints.
C. Service wyes shall be used on new PVC pipe. Service saddles shall be used on
existing PVC, solvent welded to the main and fastened with double stainless steel
bands.
D. Cleanouts shall be a minimum of 4 -inch diameter unless noted otherwise on the
Drawings. Provide sewer cleanouts with screw-in watertight brass cap. Installation
shall be in accordance with the details as shown on the Drawings.
3.07 SERVICE CONNECTIONS
A. Make service connections in accordance with the standard detail on the Drawings.
B. Service connections to the main lines shall be perpendicular to the main line to the
edge of the right-of-way or easement line.
C. Four -inch lines shall have a minimum slope of 1.0 % and have cleanouts every 75
feet at a minimum in addition to a cleanout at the right-of-way line or at the edge of
the easement.
D. Six-inch lines shall have a minimum slope of 0.60 % and have cleanouts every 100
feet at a minimum in addition to a cleanout at the right-of-way line or at the edge of
the easement.
E. 6 -inch service lines shall tie directly into a manhole.
F. Service lines, which are connected into manholes, shall be installed less than 2.5
feet above the invert or shall be installed as a standard drop.
G. Service connections made using a "ROMAC C" sewer saddle shall be made only
when the service line is cast iron soil pipe and when the sewer main is 8-, 10-, or
12 -inch diameter concrete, ductile iron, or PVC sewer pipe. This type connection
cannot be used on truss sewer pipe. The opening in the sewer main for the
"ROMAC C" sewer saddle shall be cut with a hydraulically driven or pneumatically
driven circular tapping saw of the same nominal diameter as the sewer service line.
3.08 PAINTING
A. Equipment shall receive the manufacturer's standard coating for the intended
application. Coatings shall be suitable for the intended application.
B. Repaint damaged paint services.
C. Above ground piping and piping within vaults shall be painted in accordance with
Section, Painting.
3.09 TESTING
A. General
1. Clean and flush pipe system of foreign matter prior to testing.
2. Notify Owner and Engineer a minimum of 48 hours prior to testing.
3. Perform tests in the presence of Engineer.
4. Length of line to be tested at one time shall be subject to approval of Engineer.
5. Pipe sections shall not be accepted and placed into service until specified test
limits have been met.
6. Repair defects in the pipe system. Make repairs to the same standard as
specified for the pipe system.
3097-F: 04/30/15 02530-9 Sanitary Sewer System

7. Retest repaired sections until acceptance.
8. Repair visible leaks regardless of the test results.
B. Gravity Sewer Mains
1. Test gravity lines between manholes.
2. Light Testing: Engineer will check for displacement of pipe as follows:
a. Alight will be flashed between the ends of the pipe section being tested.
b. If the illuminated interior shows misalignment, or other defects as
designated by Engineer, defects shall be repaired.
3. General
a. Infiltration shall not exceed 100 gallons per inch of diameter, per mile of
pipe, per 24 hours. Engineer may require flow measurement for verification
of infiltration.
b. Verify that maximum infiltration rate shall not be surpassed by air testing as
follows.
4. Low Pressure Air Test:
a. Air testing of sewer mains shall conform to UNI -B-6 and the following
requirements:
b. Perform initial air test when each section of main is complete including
services to right of way. Test as construction proceeds.
c. Wet interior surfaces of porous pipe material prior to testing.
d. Safety
1) Provide a superintendent who has experience in low pressure air
testing of gravity sewer mains.
2) Follow safety recommendations of air testing equipment manufacturer.
3) Properly brace sewer plugs during testing. Test plugs prior to use in air
testing.
4) No one shall be allowed in manhole or trench when pipe is under
pressure.
5) Pressurizing equipment shall include a regulator and a pressure relief
valve, which are set no higher than 9 psig. Monitor gauges
continuously to assure that the pressure does not exceed 9 psig.
e. Equipment
1) Sewer plugs shall be specifically designed for low pressure air testing.
2) Use two separate air hoses.
i) One to connect the control panel to the sealed line for introducing
the air.
ii) One from the sealed line to the control panel to provide constant
monitoring of the air pressure in the line.
iii) If Pneumatic plugs are used a separate line shall be used to
inflate the plugs.
3) As a minimum the above ground air testing equipment shall include a
shutoff valve, pressure regulating valve, pressure relief valve, input
pressure gauge, and a continuous monitoring pressure gauge having a
pressure range from 0 to at least 10 psig.
4) Continuous monitoring pressure gauge shall be at least 4 inches in
diameter with minimum divisions of 0.10 psi and an accuracy of +/
0.04 psi.
5) Monitoring gauges shall be subject to calibration as deemed
necessary.
Sanitary Sewer System 02530-10 3097-F: 04/30/15

6) Air used for testing shall pass through a single above ground control
panel.
f. Testing
1) Groundwater Determination: Immediately prior to each air test,
determine groundwater level by a method acceptable to the Engineer.
Adjust pressure used in air test in accordance with groundwater level.
2) Apply air slowly to the test section until the pressure reached is 4.0 psi
plus an adjustment of 0.433 psi for each foot of ground water above
the crown of the pipe. Internal air pressure, including adjustment for
ground water, should never exceed 9.0 psi.
3) When the above required pressure is reached, throttle air supply to
maintain internal pressure for at least two minutes to permit
stabilization.
4) When pressure has stabilized at required pressure, shut off air supply.
5) While observing the continuous monitoring pressure gauge, decrease
pressure approximately 0.5 psi from required pressure.
6) At this reading timing shall commence with a stop watch and allowed
to run until pressure has dropped 1.0 psi or allowable time has lapsed.
Line shall be "Acceptable" if the pressure drop does not exceed 1 psig
in the time prescribed for the test in Table 1, Low Pressure Air Testing
for Gravity Sewer Mains, at the end of this section.
5. Deflection Test for SDR 26 PVC pipe.
a. Measure for deflection of pipe no sooner than thirty days after installation
and backfill.
b. Deflection shall not exceed 5 percent of pipe diameter. Maximum allowable
long term deflection shall be 5 percent.
c. Measure deflection with an approved "GO -NO-GO GAUGE" method or by
an approved recording deflectometer. Verify gauge on site prior to testing.
C. Vacuum test each manhole in accordance with ASTM C1244 and the following:
1. No personnel shall be allowed in manhole during testing.
2. Test manhole after assembly and prior to backfilling.
3. Plug pipes with suitably sized and rated pneumatic or mechanical pipeline
plugs. Brace plugs to prevent displacement.
4. Position vacuum test head assembly to seal against interior surface of the top
of cone section in accordance with manufacturer's recommendation.
5. Draw vacuum of 10 inches of mercury on manhole. Shut off the vacuum pump
and close valve on vacuum line.
6. Measure time for vacuum to drop to 9 inches of mercury. Manhole shall pass if
time meets or exceeds the following:
Manhole I.D. (inches) 48 60 72 84 96 120
Seconds 60 75 90 105 120 150
7. If manhole fails test, remove head assembly, coat interior with a soap and water
solution, and repeat vacuum test for approximately 30 seconds. Leaking areas
will have soapy bubbles. Make necessary repairs to the satisfaction of Engineer
and repeat test until manhole passes.
END OF SECTION
3097-F: 04/30/15 02530-11 Sanitary Sewer System

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SECTION 02920
LAWNS AND GRASSES
PART GENERAL
1.01 SECTION INCLUDES
A. Work shall include, but not be limited to, the following:
1. Surface preparation of subsoil.
2. Addition of lime and fertilizer.
3. Seeding.
4. Maintenance to produce a permanent stand of grass.
1.02 REFERENCES
A. N.C. Department of Agriculture - NCDA
B. U.S. Department of Agriculture - USDA
1.03 PERFORMANCE REQUIREMENT
A. Grassed area shall be considered established when it presents a green appearance
from eye level 50 feet away and the grass is vigorous and growing well in each
square foot of seeded area. It is not required that the seeded area be thick and
heavy as an old established lawn.
B. Should the permanent seed not germinate and produce a strand of grass, reseed
affected areas until a permanent stand is established.
1.04 QUALITY ASSURANCE
A. Quality of fertilizer, lime, and seed, and operations in connection with the furnishing
of this material, shall comply with the requirements of the N.C. Fertilizer, Lime and
Seed Law; and with the requirements of the rules and, regulations adopted by the
NC Department of Agriculture in accordance with the provisions of the said law.
B. Seed containers shall bear an official "Certified Seed" label as inspected by the N.C.
Crop Improvement Association.
C. Packages for soil conditioners and fertilizer shall bear manufacturer's guaranteed
analysis.
D. Do not apply lime, fertilizer or seed in strong wind, when the soil is extremely wet, or
otherwise unworkable. No rolling shall be done if precipitation after seeding would
make the operation detrimental to the seed bed.
1.05 DELIVERY, STORAGE, AND PROTECTION
A. Deliver grass seed mixture in sealed containers showing percentage of seed mix,
year of production, net production, net weight, date of packaging, and location of
packaging.
B. Deliver fertilizer in waterproof bags showing weight, chemical analysis, and name of
manufacturer.
1.06 MAINTENANCE SERVICE
A. Water areas seeded between May 1 and July 15 at such intervals as to maintain the
seeded area in a moist condition until the grass is established and accepted by the
3097-F: 04/30/15 02920-1 Lawns & Grasses

Engineer. Provide equipment to transport and distribute the water to the seeded
areas. Areas seeded between September 1 and November 1 need not be irrigated
beyond the initial watering
water at his own discretion.
PART2 PRODUCTS
2.01 MATERIALS
specified above except that the Contractor may apply
A. Topsoil: Fertile, agricultural soil, typical for locality, capable of sustaining vigorous
plant growth, taken from drained site; free of subsoil, clay or impurities, plants,
weeds, and roots; pH value of minimum 5.4 and maximum of 7.0.
B. Lime: Ground Dolomitic agricultural limestone, not less than 85 percent total
carbonates, ground so that 50 percent passes 100 mesh sieve and 90 percent
passes 30 mesh sieve. Coarser material will be acceptable, provided the specified
rates of application are increased proportionately on the basis of quantities passing
No. 100 mesh sieve.
C. Fertilizer: Mixed, commercial, fertilizer containing 10-10-10 percentages of available
nitrogen, phosphoric acid, and potash respectively, plus superphosphate with 20
percent P2O5 content. Fertilizer shall be dry, in granular (pellet) form, shall be
delivered to the site in the manufacturer's original bag or container which shall be
plainly marked as to formula.
D. Seed: Fresh seed guaranteed 95 percent pure with a minimum germination rate of
85 percent within one year of tests. Provide the following seed mixtures with lime
and fertilizer in disturbed areas including NCDOT Rights -of -Way:
Planting Dates
Grass Type
Pounds/Acre
Year Round
Pensacola Bahia
50
KY 31 Tall Fescue
50
Centipede
5
Lime
4,000
Fertilizer
10-20-20
500
Mulch
Straw
4,000
On 2:1 slopes delete Centipede and add 25 pounds / acre of Sericea Lespedeza.
E. Matting / Erosion Control Fabric (ECF): Matting and ECF shall be a 70% straw and
30% coconut blanket encased in a medium weight plastic netting (both sides).
Matting shall be fully degradable but suitable until vegetation has been established.
Installation of ECF shall be done with staples per temporary liner detail in the
construction drawings. Commercially available ECFs may be used upon approval of
the engineer. Approval of fabrics will require manufacturer's design data regarding
velocity, shear strength, ditch slopes, method of installation, decay cycle, repair
techniques, and grass growth enhancement characteristics.
F. Wire Staples: 16 gauge steel wire, with minimum of 3" top and 4" long legs.
G. Mulch: Threshed straw of oats, wheat, or rye; free from seed of obnoxious weeds; or
clean salt hay. Straw which is fresh and excessively brittle or straw which is in such
Lawns & Grasses 02920-2 3097-F: 04/30/15

an advanced stage of decomposition as to smother or retard growth of grass will not
be acceptable.
H. Water: Water shall be free from substances harmful to growth of grass.
PART 3 EXECUTION
3.01 PREPARATION OF SUBSOIL
A. Complete operations in the area to be seeded and prepare subsoil to eliminate
uneven areas and low spots. Bring surface to the approximate design contours.
B. Scarify subsoil to a depth of 3 inches. Remove weeds, roots, stones and foreign
materials 1-1/2 inches in diameter and larger.
3.02 APPLICATION OF LIME
A. Liming shall be done immediately after grading has reached the fine grading stage,
even though actual seeding may not be done until several months later.
B. Spread lime evenly by means of a mechanical distributor.
C. When lime is distributed by commercial liming dealers, sales slips showing the
tonnage delivered shall be filed with the Engineer and shall show the full tonnage
required for the acres treated.
D. Incorporate lime in the top 2 to 3 inches of soil by harrowing, disking, or other
approved means.
3.03 APPLICATION OF FERTILIZER
A. Spread fertilizer not more than 2 weeks in advance of seeding.
B. To verify application rate, determine acreage to be fertilized and provide Engineer
with total weight of fertilizer applied to the area.
C. Provide mechanical spreader for even distribution and spread half of the rate in one
direction, and the other half at right angles to the first. Mix thoroughly into upper 2 to
3 inches of soil by disking, harrowing or other approved methods.
3.04 SEEDING
A. Accomplish seeding by means of an approved power -drawn seed drill, combination
corrugated roller -seeder, approved hand operated mechanical seeder, or other
approved methods to provide even distribution of seed.
B. Do not seed when ground is excessively wet or excessively dry. After seeding, roll
area with a roller, not less than 18 inches in diameter and weighing not more than
210 pounds per foot of width. Upon completion of rolling, water area with a fine
spray.
C. Immediately following seeding apply mulch or matting. Do not seed areas in excess
of that which can be mulched on same day.
D. Apply water with a fine spray immediately after each area has been mulched.
Saturate to 4 inches of soil depth
3.05 MULCHING AND MATTING
A. Apply mulch or matting as required to retain soil and grass, but no less then the
following:
3097-F: 04/30/15 02920-3 Lawns & Grasses

1. Slopes from 0 to 20 percent by spreading a light cover of mulch over seeded
area at the rate of not less than 85 lbs. per 1000 sq. ft.
2. Slopes greater than 20 percent mulch with matting. Pin matting to the ground
with wire staples at 5 foot intervals, immediately after seeding.
3. Use tack to prevent disruption of mulch.
B. For tack use an asphalt tie -down of emulsified asphalt grade AE -3 or cut-back
asphalt grade RC -2 or other approved equal. The application rate shall be 0.10
gal/sy (11 gal / 1000 sq ft). An approved jute mesh or net may be used in lieu of
tacking straw mulch.
C. Other types of mulch and anchoring methods may be used upon approval by the
Engineer.
3.06 PROTECTION
A. Protect seeded areas from damage by barricades, signs, and other appropriate
means. Maintain and protect slopes from weather damage.
END OF SECTION
Lawns & Grasses 02920-4 3097-F : 04/30/15