WQ0038503_Regional Office Historical File Pre 2018

PATMCCR{}RY
D0NALD&.VAN DER VAART
Water Resources
ENVIRONMENTAL QUALITY
Catherine Rwnba,ger,City Manager
City ofClaremont
POBox 446
Claremont, N[286l0
Subject: Permit No. VVQOU38SO3
City ofClaremont
Sanitary Sewer Extension toServe Substance Industrial Site
Wastewater Collection System Extension
Catawba County
Dear Ms. Renbarger:
S. ]&y ZIMM5RMAl4
In accordance with your application received on MayI7, 2016, we are forwarding herewith Permit No.
VVQ8038503 dated June A, 2016, to the City of Claremont 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the date of issuance until rescinded, and shall be subject to the conditions and limitations as specified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 and supplement shall be considered a pert of this permit and are therefore
incorporated therein by reference,
Please pay particular attention to the following conditions contained within this permit:
CnmdMinnU.1: This permit shall not be automatically transferable; a request must be made and
Condition 11,4� 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 tothe Permmi11ee.
It shall be responsibility of the City of Claremont to ensure that the as -constructed project meets the
appropriate design criteria and ru|es. Failure tucomply may result inpenalties Knaccordance with North
Carolina General Statute §143-215.5A through §I43'215.6C, construction of additional or replacement
wastewater collection facilities, and/or referral of the North Carolina -licensed Professional Engineer to
the licensing board.
ifany parts, requirements, orlimitations contained inthis permit are unacceptable, you have the right 10
request amadiudicatoryhearing upon written request within 30days following receipt ofthis permit, This
request must be 'in the form of a written petition, conforming to Chapter 150B of North Carolina General
Statutes' and filed with the Office of Administrative Hearings, 6714 K4aU Service [enter, Raleigh, N[
I7699-67I4, Unless such demands are made, this permit shall befinal and binding.
State wNorth Carom=|s°"rorn"ental Quality | Water a"souce"|Water Quality Regional operau°°
m°,Dre°�il/"Regional omce,|mnFast Center Avc=^.stnt"m1|wooreswx=North Carolina m1x5
,04 663 169,9

City of Claremont
8503
If you need additional information concerning this matter, . please contact James Bealle at (70) -I699
or via e-mail at james.bealle ncdenr gov.
Sincerely,
by W. Corey Basinger, Regional Supervisor'
Mooresville Regional Office
Water Quality Regional Operations Section-
Division of Water Resources, NCDEQ
cc: A. Slade Harvin, P.,, The Wooten Company
Mooresville Regional Office
Water Resources Central Files
FRCS (electronic copy)

Water ReSOurre.S
STATE OF NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
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 Claremont
Catawba County
for the construction and operation of approximately 1,000 linear feet of 8-inch gravity sewer as part of
the Sanitary Sewer Extension to Serve Substance Industrial Site project, and the discharge of 1,000 gallons
per day of additional collected domestic/commercial wastewater into the McLin Creek WWTP existing
sewerage system, pursuant to the application received May 27, 2016, 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.
by W. Corey Basinger, Regional Supervisor
Mooresville Regional Office
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
By Authority of The Environmental Management Commission
Permit Number: WQ0038503
Permit issued: June 16, 2016

SUPPLEMENTTO ~v��x" o.x~n�u^.v�o v�v vv~o�o�"uo *~���u~o�"�ovu~m.n
City of Claremont i3hereby 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 KAcLin [reek Wastewater
Treatment Facility (NCO081370) prior to being discharged into the receiving stream.
Permitting of this project does not constitute anacceptance of any part of the project that does not meet
15A N[AC 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. /tshall be the Permittee'sresponsibility toensure that the as -constructed project meets
the appropriate design criteria and rules.
Construction and operation is contingent upon compliance with the Standard Conditions and any Special
Conditions identified below.
. SPECIAL CONDITIONS,
1. Noflow inexcess ofthe quantity permitted herein, 1/O[0 GPC\shall bemade tributary tnthe subject
sewer system until an application for permit modification for an increase inflow has been submitted
toand approved bythe Division. [15ANCACO2T.O304(b)]
11. STANDARD CONDITIONS
1. This permit shall not be transferable, in the event there is a desrefor the wastewater collection
facilities to change ownership, or there is a name change of the Pennittee, a formal permit request
shall be submitted to the Division accompanied by documentation from the parties involved, an
other supporting materials asmay beappropriate. The approval mfthis request shall beconsidered
onits merits and may ormay not beapproved. [16AN[A[U2T.U104;G.S143'llS.1(d3)]
Z. This permit shall become voidable unless the wastewater collection facilities are constructed in
accordance with the conditions of this permit; 15A NCA[ 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 ofPump Stations and Force Mains adopted June 1, ZDO8a»applicable; and
other supporting materials unless specifically mentioned herein. [154 N[A[0ZT.011U]
3. This permit shall be effective only with respect to the nature and volume of wastes described in the
application and other supporting data. [15ANCACU2T.O11O]
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 N[AC 2T .0403. If an individual
permit is not required, the following performance criteria shall be met: [15A NCAC 02T.0108(b))

a. 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.
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 toatelemetry system shall beinspected everyday U.e.36S
days per year). Pump stations that are connected toa 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.
. A general observation of the entire sewer system shall be conducted at least once per year.
9.
Overflows and bypasses shall be reported tothe appropriate Division regionalofficeinaoordance
with 154N[A[28 .0506(a), and public notice shall be provided as required bvNorth Carolina
General Statute §14]-215.1[.
h. A Grease Control Program is in place as follows:
1' For public owned collection systems, the Grease Control Program shall include at leas
biannual distribution ofeducational materials for both commercial and residential users and
the legal means to require grease interceptors atexisting establishments. The plan shall also
include legal means for inspections ofthe grease interceptors, enforcement for violators and
the legal means tocontrol grease entering the system from other public and private satellite
sewer systems.
2. For privately owned collection systerns'the Grease Control Program shall include at least bi-
annual distribution of grease education materials to users of the collection system by the
permoibeeorits representative.
I Grease education materials shall be distributed more often than required in Parts/1\ and (Z)
ofthis Subparagraph ifnecessary toprevent grease -related sanitary sewer overflows.
Right-of-ways and easements shall be maintained in the full easement width for personnel and
equipment accessibility.
i 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 Pernmit1ee shall report by telephone to water resources staff member atthe Mooresville
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 toknown orunknown reasons, that renders the facility incapable
of adequate wastewater transport, such as mechanical or electrical failures of pumps, line
blockage nrbreakage, *tc.;nr
b. Any S6[)and/or spill over 1,00Wgallons; or
c. Any S5Oand/or spill, regardless mfvolume, that reaches surface water
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 nfEmergency Management attelephone numbe,/8O8\ 858-0368or(919) 7]]'3300.
Persons reporting any of the above occurrences shall file a spill report by completing and submitting
Part | of Form CS-S3O (or the most current Division approved form) within five days following first
knowledge ofthe occurrence. This report must outline the actions taken orproposed tobetaken to
ensure that the problem does not recur. Part ||ofForm [6'5SO(or the most current Division approved
form) can also becompleted toshow that the S6Owas beyond control. [G,S.143-21S.IC(a1)]
6. Construction of the gravity xevveni 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
tothe surface waters ofthe State. [15AN[ACOZT.O1OB/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 tuthe address provided onthe form. 4complete certification isone where the form is
fully executed and the supporting documents are provided asapplicable. 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.
Ifthe permit is issued to a private entity with an Operational Agreement, then a copy of the Articles
of Incorporation, Declarations/Covenants/Restrictions, and 8nmnwg 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 asapplicable, 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 QVD 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 |nYv points in force
mains with apump cycle, and downstream sewer capacity analysis. Kfaportable 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
|nthe space provided, nrinwritten summary form,
Prior to Certification (Final orPartia|): Permit modifications are required for any changes resulting in
non-compliance with this permit (including pipe length increases oflQ%orgreater, increased flow,
pump station design capacity design increases of596nr greater, and increases inthe number/type of
conncotlons),regulations, nrthe Minimum Design Criteria. Requested modifications orvariances 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 tnconstruction. After -construction requests are discouraged by the
Division and may not be approved, thus requiring replacement or repair prior to certification 8\
activation. [15ANCACO2T.01l6l
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 bedone through apermit modification with fee, Such variance requests will beevaluated
on a case -by -case basis. Resolution of such request shall be evident prior to completing and submitting
the construction certification. [15ANCACOZT.OlO5/n\]
9. Acopy ofthe construction record drawings, shall bemaintained onfile bvthe Permoitteefor the life of
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 1Z,1996asapplicable; the Division's Minimum Design
Criteria for the Fast -Track Permitting nfPump Station and Force Mains adopted ]umm 1, I000as
applicable; and other supporting materials may subject the Permitba8to an enforcement action by
'the Division, in accordance with North Carolina General Statutes §l43'Z15.6Athrough §,143'215.6C,
construction of additional or replacement wastewater collection facilities, and/or referral of the North
Carolina -licensed Professional Engineer tothe licensing board, [1SAMCAC0ZT.0104;1SANCACO2T
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 an the construction of additional or nep:|acemnmnt facilities.
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 orobtaining other permits which may be required by
the Division or any other Federal, State, of Local government agencies. |G.S. 143'215.1(b)]

SEWER ENGINEERING CERTIFICATION
PEN0NKTTEE: City ofClaremont
PERMIT #; VVQ0038503
PROJECT: Sanitary Sewer Extension toServe Substance Industrial Site
ISSUE DATE: June I6,2OI6
This project shall not be considered complete nor allowed tooperate inaccordance wbh Condition 7of this permit
until the Division has received this Certification and all required supporting documentation. It should be
submitted inamanner that documents the Division's receipt. Send the required documentation tothe Regional
Supervisor, Water Quality Regional Operations Section located at the address noted in the page footer,
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 Pernoittee 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,
PERMITTEE'S CERTIFICATION
1, the undersigned agent for the Pennittee 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 Pemmittee, and the Pennit1ee is prepared to operate & maintain the
wastewater collection system permitted herein orportions thereof,
Printed Name, Title
Signature Date
ENGINEER'S CERTIFICATION
L as a � d �dP����na|En0�eer��e6��ofNo�h[amUn�ha�n8
been authorized( | x�d to observe periodically, | weekky full time) the construction of the project name and
location aoreferenced above for the above Permbheehereby state that, tmthe best ofmyabilities, 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 N[AC OZl; 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 ofPump Stations and Force Mains adopted June l, 2000as appHcab,|e; and other
supporting materials,
North Carolina Professional Engineer's Seal w/signature & date:
FFinal [—] Partial (include description)
Certification Comments/Qualifiers (a,ttschifneceoaary)*
State wNorth Carolina | Environmental Quality | Water Rewurces J Water Quality Regional Operations
woomsweRegional Office |amEast c=ter Averrue,s"tcm/1wmasville.,North Carolina ux/u
ro*a«3/6m`

131Vision of Water Resources
State of North Carolina
Department of Environmental Quality
Division of Water Resources
15A NCAC 02T .0300 — FAST TRACK SEWER SYSTEM EXTENSION APPLICATION
FTA 04-16 & SUPPORTING DOCUMENTATION
Application Number: to be completed by DWR)
All items must be completed or the application wilt be returned
I. APPLICANT INFORMATION:
1. Applicant's name: City of Claremont (company, municipality, HOA, utility, etc,)
Applicant type:
o
Individual
El Federal
O Corporation General Partnership [j Privately -Owned Public Utility
El State County 1 Municipal, Ej Other
3. Signature authority's name: Catherine Renbarger per IS, NCAC 021.01001p
Title: Citv Mana ier
4. Applicant's mailing address: PostPflice Box 446
City: Claremont State: North Carolina Zip: 28610-0446
5. Applicant's contact information:
Phone number: (8,28) 459-7009 Email Address: CRenbarger4icityofclarenaot ..org
II. PROJECT INFORMATION:
1. Project name: Sanitary Sewer Extension to Serve Substance lndustnal Site
2. Application/Project status:
Proposed (New Permit)
Existing Pennit/Project
If a modification, provide the existing permit number: W000 and issued date:
If new construction but part of a master plan, provide the .existing permit n.umber. WQ00
3. County where project is located: Catawba
4. Approximate Coordinates (Decimal Degrees): latitude. 35,707188 Longitude: -8 L153223'
5, Parcel ID (if applicable): 376105190276
(or Parcel ID to closest downstream, sewer)
III. CONSULTANT INFORMATION:
1: Professional 'Engineer: A. Slade Harvin License Number NC032587
Firm: The Wooten Company
Mailing address: 1430B Old LenoirRoad NW
City: Hickory State: North Carolina Zip: .286•01
Phone number: [phone] Email Address: sharvin@,thewootencornpan
IV. WASTEWATER TREATMENT FACILITY (WWTF) INFORMATION:
1, Facility Name: rieteLin WWTP Permit Number: WQ0081370
Owner Name: City of Clarem.ont
V. RECEIVING DOWNSTREAM SEWER INFORMATION (if different thanWWTF):
1. Permit Number(s):WQ
System Wide Collection System ,Peninit Number(s) (_ applicable): WQCS
Owner Name(s)
FORM: FTA 04-16 Page 1 of 5

VI. GENERAL REQUIREMENTS
1. If the Applicant is a Privately -Owned Public Utility,has a Certificate of Public Convenience and Necessity been attached?
Yes DNo N/A
If the Applicant is a Developer of lots to be sold, has a Developer's (Vercrtjorial Aerreeprenrif Q,R,N1:,.DEY) been attached?
Yes ON° N/A
3. If the ,Applicant is a (lonielProperry_OwnersAssociw ion, hua,rrOmpljorvahAgeerrient (f 11("),),1 been attached?
0 Yes ONO N/A
Origin of wastewater: (check all that apply):
0 Residential Owned
0 Residential Leased
0 School / preschool / day care
0 Food and drink facilities
Businesses' / offices factories
0 Retail (stores, centers, malls)
0 Retail with food preparation/service
0 Medical / dental veterinary facilities
0 Church
O Nursing Home
5. Nature of wastewater : 1,00 % Domestic/Conunercial % Commercial
',4) Industrial (See 15A NCAC 021 ,0103,(12Q))
is there a Pretreatment Program in effect?
6. Has a flow reduction been approved under 1 5.A NCAC 021 .01 1.41_1)? 0 Yes
r If yes, provide a copy of flow reduction approval letter
'L Summarize wastewater generated by project:
ablishment Type (see 02T.01140)) Daily Design Flow Lh
'actories, Excluding Industrial Waste
25 gallEmployee
gab
gal/
gal/
gal/
gaU
0 Car Wash
0 Hotel andlor Motels
0 Swimming Pool /Clubhouse
O Swimming Pool/Filter Backwash
0 Other (Explain in Attachment)
Yes D No
No
No. of Units
40
Flow
1,000 GPD
GPD
GPD
GPD
GPD
GPD
Total
1,000 GPD
See I 5A NCAC 021 ,01 (4),_(elf.) apc( jejt21 for caveats to wastewater design flow rates (i.e., minimum flow per
dwelling; proposed unknown non-residential development uses; public access facilities located near high public use
areas; and residential property located south or east of the Atlantic Intracoastal Waterway to be used as vacation rentals
as defined in ( ,15, 42A-4).
b Per 15A NCAC 02T ,0114(c), design flow rates for establishments not identified [in table 15AN,CAC, 02,1"0(14] shall
be determined using available flow data, water using fixtures, occupancy or operation patterns, and other measured data,
8. Wastewater generated by project; 1,000 GPD (per 15A NCAC 021 .0114)
Do not include future flows or previously permitted allocations
If permitted flow is zero, indicate why:
0 Pump Station or Gravity Sewer where flow will be perrnitted in subsequent permits that connect to this line
0 Flow has already been allocated in Permit Number:
El Rehabilitation or replacement of existing sewer with no new flow expected
0 Other (Explain):
FORM: FTA 04-16
Page 2 of 5

VII. GRAVITY SEWER DESIGN CRITERIA .Applicable) 02'1.0305
Summ.arize gravity sewer to be permitted:
Size (inches)
8-Inch
-;rav' !,Sewersl:
Length (feet)
1,000
Material
PVC, DIP
▪ Section II & 111 of the MDC for Permitting of Gravity Sewers contains information related to design criteria
▪ Section III contains information related to minimum slopes for gravity sewer(s)
• Oversizing lines to meet minimum slope requirement is not allowed and a violation of the MDC
VIII. PUMP STATION DESIGN CRITERIA (If Applicable).— 02T .0305 & MDC (Pump Stations/Force Mains):
COMPLETE FOR EACH PVMP STATION INCLUDED IN THIS PROJECT
1, Pump station number or name:
2. Approximate Coordinates (Decimal Degrees): Latitude: Longitude: .-
3. Design flow of the pump station: millions gallons per day (firm capacity)
4. Operational point(s) of the pump(): gallons per minute at feet total dynamic head (fDfl)
5, Summarize the force main to be permitted (for this Pump Station):
Size (inches)
Length (feet) Material
6, Power reliability in accordance with 15A NCAC 011- .03051)RD:
O Standby power source or pump with automatic activation and telemetry - 15A NCA.0 02T .0305(h)(1)(B);
• Required. for all pump stations with an average daily flow greater than or equal to 15,000 gallons per day
Must be permanent to facility
Or if the. pump station has an average daily flow less than 15,000 gallons per day:
ED Portable power source with manual activation, quick -connection receptacle and telemetry - 1.5A NCAC 02T
.0305(h)(1)(C)
or
.Portable pumping unit with plugged emergency pump connection and telemetry - .15A NCAC 02T .0305(11)(1)(C):
• It shall be demonstrated to the Division that the portable, source is owned or contracted. by the applicant (draft agreement)
and is compatible with the station.
If the portable power source or pump is dedicated to multiple pump stations, an evaluation of all the pump stations'.
storage capacities and the rotation schedule of the portable power source or pump, including travel tinieframes, shall be
provided in the case of a multiple station power outage,
FORM: FTA 04-16 Page 3 of 5

IX. SETBACKS & SEPARATIONS — (02B .0200 & 15A NCAC 02T .0305(0):
1. Does the project comply with all separations found in 15A •NCAC 02T .030510 & (gj
I5A NCAC 02:1.0305(9 containsminimum separations that shall be provided for sewer systems:
Setback Parameter* ' Separation Required
Storm and other utilities not listed below vertical) 24 inches
'ater mains vertical -water over sewer including in benched trenches)
Water mains (horizontal)
Reclaimed water lines • vertical, reclaimed over sewe
Reclaimed water lines (horizontal - reclaimed over sewer)
**Any private or public water supply source, including any 'wells, WS-1 waters of Class I or
Class II impounded reservoirs used as a source of drinking water
Waters classified WS (except 'WS-I or WS-V), B, SA, ORW, LIQW, or SB from normal
high water (or tide elevation) and wetlands (see item IX 2)
Any other stream, take, impoundment, or ground water lowering and surface drainage
ditches
18 inches
10 feet
8 inches
2 feet
100 feet
50 feet
10 feet
Any building foundation.
Any basement
To slo e of embankmerit or cuts of 2 fcet or more h h
Drainage systems and interceptor drains
s i ots
5 feet
10 feet
0 feet
0.- 15A NCAC O2lU305g,contains alternatives where separations in 0,21'0,3050) cannot be achieved.
**Stream classifications can be identified using the Division's NCSurfacc Water: (11,-slticatjon
If noncompliance with 11.2'00:305(0 or WI see Section X of this application
Does the project comply with separation requirements for wetlands? (50 feet of separation)
See the Division's draft separation requirements for situations where separation cannot be meet
No variance is required if the alternative design criteria specified is utilized in design and construction,
' As built documents should reference the location of areas effected
3. Does the project comply with all setbacks found in the river basin rules per DANCA 0213 .0200?
This would include Trout Buffered Streams per 15A NcTAC 2%002
No
No
Yes 1 INo
4. Does the project comply with an individual 404 Permit or any 401 Certifications? Yes D No
Wetland -related permits shall be requested, obtained, and adhered to for projects that impact wetlands or surface waters
information can be obtained from the 401 & Buffer Permitting Branch
Does project comply with 1.51.N.NcAc02:(,(11051)(6) (additional perrnitiilcertifications)? Yes Li No
Per iSA Nic.,,,\CA2JD 19510(0, directly related environmental permits or certification applications are being prepared, have
been applied for, or have been obtained. Issuance of this permit is contingent on issuance of dependent permits (erosion and
sedimentation control plans, stormwater management plans, etc.).
6. Does this project include any sewer collection lines that are deemed "high -priority?"
Per .1,5.A NC C 02-1c40:7, "high -priority sewer" means "any aerial sewer, sewer contacting surface waters, siphon, or sewer
positioned parallel to streambanks that is subject to erosion that undermines or deteriorates the sewer.
D Yes No
If yes, include an attachment with details for each line, including type •erial line, size, material, and location).
High priority' lines shall be inspected by the permittee or its representativeat least once every six -months and
inspections documented per 1,5A NCAC 02T.0403(a)(5) or the permitee's individual System -Wide Collection permit.
FORM FT A 04-16 .Page 4 of 5

X. CERTIFICATIONS:
I. Does the submitted system comply with 15,ANc"i\C (J2T, th.e Minimum Design Criteria for the Permitting or_Pintui „Stations
and "Eorce_Mainsilatest version), and the Gravity Sewer Minimum Design Critteriallatestyersion) as applicable'?
Yes El No
If No, completeand submit the Variance/Altemative Design Request application (VADC 10-14 and supporting docutnents
for review. ro\ al of the regucst is reguired prior to siihniltta of the Fast Track Aptkation and
documents.
2. Professional Engineer's Certification:
"Aa
(Professional Engineer's name from Application Rein IBA.)
attest that this application for
has been reviewed by me and is accurate, complete and consistent with the information supplied in the plans, specifications,
engineering calculations, and all other supporting documentation to the best of my knowledge. 1 further attest that to the best
of my knowledge the proposed design has been prepared in accordance with the applicable regulations, Gravity Sewer
Minimum Desi.gn. Criteria for Gravity Sewers (latest version), and the Minimum Design Criteria for the Fast -Track.
Permitting of Pump Stations and Force Mains (latest version). Although other professionals may have developed c.ertain
portions of this submittal. package, inclusion of these materials under my signature and seal signifies that I have reviewed this
material and have judged it to be consistent with the proposed design.
NOTE ---- In accordance with General Statutes 143-215.6A and 143-215.613„ any person who knowingly makes any false
statement, representation, or certification in any application package shall he guilty of a Class 2 misdemeanor, which may
include a fine not to exceed $10,000, as well as civil penalties up to $25,000 per violation,
North Carolina Professional Engineer's seal, signature, and date:
Applicant's Certification per 15A NC.AC 02T .0106(b):
a 0
C't7
(Signature Authorty',s .name &thle from '\pphation item 1.3.)
attestthat this application for
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand thatifall required parts of
this application are not completed and that if all required supporting documentation and attachments are not included, this
application package is subject to being returned as incomplete. I understand that any discharge of wastewater from this non -
discharge system to surface waters or the land will result in an immediate enforcement action that may include civil penalties,
injunctive relief, andlor criminal prosecution, I will make no claim against the Division. of Water Resources should a
condition of this permit be violated. I also understand that if all required parts of this application package are not completed
and that if all required supporting information and attachments are not included, this application package v, ill be returned. to
me as incomplete,
NOTE — In accordance with General Statutes 1,42„15.6A and 143-215.()B, any person who knowingly makes any false
statement, representation, or certification in any application package shall be guilty of a Class 2 znisdemeanor, which may
include a fine not to exceed $10,000 as well as civil penalties up to $25,000 per violation.
Signature:
DateL
FORM: FTA 04-16
Page 5 of 5

Application Fee

CHECK
Inv. No.
44683
Inv. Date Inv. Amount
3000 FRAZIER 05/16/16
Desc.. SEWER EXTENSION 300 FRAZIER DRIVE
Fund Account
82 5710.0450 ENGINEERING 48000
°T „ tALLY R ' i P• TIT dot ° t k tR t t P.T AS. rA
480.00
044683
CI' 1 OFCLAREMONT
3288 East Main Street
RO, Box 446
Claremont, nc. 28610
This disbursement has been approved as required
by the Local Government Budget & Fiscal Control Act`
CHECK DATE AMOUNT
44683 05/19/16 $480.00
PAY EXACTLY
*** FOUR HUNDRED EIGHTY DOLLARS AND 00/100
PAY NC DEQ
TO THE 1.617 MAIL SERVICE CENTER
ORDER RALEIGH NC 27699-1617
OF:
1348
* People's Bank
NC 28610
0044663u' 1:0531104869+: 55 80i63.930

ro ect Narral
v

Project Narrative
for the
Sanitary Sewer Extension to Serve Substance
Industrial Site
City of Claremont
Catawba County, North Carolina
MAY 2016
Prepared By:
T IF OOTEN COMPANY
a, pre fs +, NEh F?13

A. DESCRIPTION OF PROJECT
Location of Project
The proposed Sanitary Sewer Extension to Serve Substance Industrial Site project is located in the City of
Claremont in Catawba County. The project will include approximately 1,000 linear feet of 8-inch gravity
sewer, 9 precast concrete manholes, and a bore and jack under a City road to provide sewer service to the
new Substance Industrial Site .Facility. The majority of the work will take place within City right-of-ways
and private utility easements, A vicinity map has been included, which shows the general project location
in Catawba County,
Figure 1: Vicinity Map
Maps Courtesy of Google Maps and wKw,bestplacesmet,
Sanitary Sewer Extension to Serve Substance Industrial Site
Claremont, NC
May 2016

TYPE OF DEVELOP ENT
Collection System
The installation of the City's Sanitary Sewer Extension to Serve Substance Industrial Site will
install gravity sewer and manholes to the City's existing sanitary sewer collection system. The
following major items will be installed as part of the scope for this project:
• —1,000 LE of 8-inch gravity sewer;
• —9 Precast concrete sewer manholes;
• 1 Bore and jack with 18-inch casing and 8-inch carrier pipe;
• Connection of new 8-inch gravity sewer to an existing sewer manhole;
• Associated appurtenances and site work;
Improvements requiring permit approval will include the installation of the new 8-inch gravity
sewer lines to convey wastewater from the new facility to the City's existing sanitary sewer
collection system. The project will create any additional flow within the project area. The sewer
generated will be normal domestic waste from the industrial sites employees. Calculations were
.perfertned to confirm the size of the gravity line installed based upon standard flows derived from
the establishment type as provided in 02T.0114(f). The full future employment for the facility
will be 25 employees, with only 8 employees starting in the beginning. The sewer permit utilizes
the full build -out employee number for the sewer flow that is being permitted, which is 1,000
gpd. (25 employees/shift/day * 1 shift/day * 40 gallons/employee/shift = 1,000 • d.)
Treatment
Wastewater collected from this area of Claremont sewer collection system is conveyed through
an existing gravity collection and sewer force main network to the City of Claremont's McLin
WWTP. The current project will not include any improvements. or direct impacts to the City's
treatment facility.
Sanitary Sewer Extension to Serve Substance Industrial Site
Claremont, NC
May 2016

o 'ra ice Fo FTSE

State of North Carolina
Department of Environmental Quality
Division of Water Resources
Flow Tracking/Acceptance for Sewer Extension Applications
(FTSE 04-16)
Entity Requesting Allocation: City of Claremont
Project Name for which flow is being requested: Sanitary Sewer Extension to Serve
More than one FTS.E rncry he required fOr a single project the owner of. the i,VIVTP is not responsible for all pump
stations along the route of the proposed wastewater flow.
I. Complete this section only if you are the owner of the wastewater treatment plant.
a. WWTP Facility Name: McLin WWTP
b. WWTP Facility Permit #: NC0081370
areAilflow in MGD
c. WWTP facility's permitted flow 0.300
d. Estimated obligated flow not yet tributary to the WWTP 0.000
e. WWTP facility's actual avg. flow 0.149
f. Total flow for this specific request
.001
. Total actual and obligated flows to the facility 0.150
h. Percent of permitted flow used
53.0%
IL Complete this section for each pump station you are responsible for along the route of this
proposed wastewater flow.
List pump stations located between the project connection point and the WWTP:
(A) (B) (C) (D)=(B+C) (E)=(A-D)
Design Obligated,
Pump Average Daily Approx, Not Yet Total Current
Station Firm Flow** Current Avg. Tributary Flow Plus
(Name or Capacity, * (Firm / pf), Daily Flow, Daily Flow, Obligated Available
Number) MGD MGD MGD MGD Flow Capacity***
* The Firm Capacity of any pump station is defined as the maximum pumped flow that
can be achieved with the largest pump taken out of service.
** Design Average Daily Flow is the firm capacity of the pump station divided by a peaking
factor (pf) not less than 2.5.
*** A Planning Assessment Addendum shall be attached for each pump station located
between the project connection point and the WWTP where the Available Capacity is < O.
Downstream Facility Name (Sewer):
Downstream Permit Number:
Page 1 of 6
Fi'S1 04-

III. Certification Statement:
I Catherine Renbarger certify to the best of my knowledge that the addition of
the volume of wastewater to be permitted in this project has been evaluated along the route to the
receiving wastewater treatment facility and that the flow from this project is not anticipated to
cause any capacity related sanitary sewer overflows or overburden any downstream pump station
en route to the receiving treatment plant under normal circumstances, given the implementation
of the planned improvements identified in the planning assessment where applicable. This
analysis has been performed in accordance with local established policies and procedures using
the best available data. This certification applies to those items listed above in Sections I and II
plus all attached planning assessment addendums for which I am the responsible party.
Signature of this form indicates acceptance of this wastewater flow.
Signing Official Signature
1 GI
Date
Page 2 of 6
1'`ISI„ 0416

Submit a planning
Capacity is 0.
Pump Station (Name or Numbe
Given that:.
a, The proportion and amount of
% and
PLANNING ASSESSMENT AIM)EN
tent addendum for each pump station lis
tr (PAA)
to d in Section 11 where Available
h'ligated, Not Yet Tributary Daily Flow (C) accounts for
MD of .the Available Capacity (E) in Pump Station
and that
b, l,hc of ac.
-�tivatiran oaf"this obli
rate gated, not ye'
MG[ per year; and that
c. A funded Capital Project that will provide the
planned co
d. The follow
p
etion in
applies:
Therefore:
Given reasonably expected conditions and planni
to allow this now to be permitted, without a signi
the system infrastructure,
tributary capacity is currently appre
required planned capacity, namely
is in design or under construction vv
and/or
I understand that this does not rcliev
143-215.67(a) which prohibits the it
waste disposal system.
Si gi
the coll.ectio
eduction of
ant 1%elion, there is y
i
hood of over -allocating capacity in
t justifica
em owner from complg with G.S.
rate in excess of the capacity of the
Date
Page 3 of 6
i.)4-16

USGS TOPOGRAPHIC MAP
CITY OF CLAREMONT
SANITARY SEWER EXTENSION
TO SERVE
SUBSTANCE SITE
Legend
110 NM la
Claremont Roads I . LakePond
Artificial Path F-1 Reservoir
Stream/River
0 1,000 2,000
Feet

USGS TOPOGRAPHIC MAP
CITY OF CLAREMONT
SANITARY SEWER EXTENSION
TO SERVE
SUBSTANCE SITE
Legend
- • - Claremont Roads
Claremont Parcels
1,000 2000
Feet

FAST -TRACK SEWER PERMIT APPLICATION
SANITARY SEWER EXTENSION TO SERVE SUBSTANCE IN'M USTRIAL SITE
CLAREMONT, NORTH CAROLINA
MAY 2016
PREPARED BY:
MAY 2

May 18, 2016
Ms. Linda Wiggs
N,C, Division of Water Quality
Asheville Regional Office
2090 US7O Highway
Swannanoa, NC 28778
RE: Application for Gravity Sewers, Pump Stations, and Force Mains for:
Sanitary Sewer Extension to Serve Substance Industrial Site
Claremont, NC
TWC Project No.: 2974-K
Ms. Wiggs:
On behalf of the City of Claremont, we are sending you the following documents
for your review and approval for the above -referenced project:
One (1) original and one (1) copy of the FTA 04-16 permit application w/
appendices;
o A — Cover Letter
o B — Application Form (FTA 04-16)
o C — Application Fee
o D — Project Narrative
o E — Flow Tracking/Acceptance Form (04-16)
o F — Site Maps
o G Existing Permit — (N/A — Not Included)
o Fl — Power Reliability Plan — (N/A — Not Included)
o I — Certificate of Public Convenience/Necessity — (N/A — Not Included)
o .1.— Operational Agreements (N/A Not included)
One (1) check for $480,00 made payable to NCDENR;
The project is an extension of the existing sanitary sewer collection system. The
project will extend approximately 1,000 of 8-inch gravity sewer line from a new
industrial site to an existing sewer manhole. The sewer generated is only from the
employees at the new industrial site and will not involve industrial wastewater.
The full future build -out sewer flow will be 1,000 gpd (25 em.ployees/shift/1
shift/day * 40 gallons/Shift), but initially will only have 8 employees at the start of
the facility. The sewer permit utilizes the full build -out flow for the permitting of
the facility.

Substance Seer Extension
City of Claremont, NC
Page 2 of 2
I trust the above information is sufficient fear your review; however, if you should
have y questions or require additional ° formation, please do not hesitate to
contact us.
Best Regards,
THE O PANT
A. Slade Marvin P.E
Enclosures: As noted above
cc; Catherine Renbarger, City of Claremont
TWC File

Y 2 3 2O6
fkrrNtsftvpreooneirlreme
THE WOOTEN COMPANY
ENGi ER1NG 1„ ANNI C
14'30 B Cid Lenoir Road NW HGkory NC 28,601
828,322,5533 fax 828,322,5242
To:
NC Department of Environmental Quality
Asheville Regional Office
2090 US70 Highway
Swannanoa, NC 28778
LETTER OF
TRANSITTAL
DATE:
5/19/2016
AITENTION:
Ms. Linda Wi
Re: Sewer Permit Application
JOB No.:
2974-K
Sanitary Sewer Extension to Serve Substance
City of Claremont, NC
WE ARE SENDING: Attached LJ Under separate cover via
El Shop Drawings EJ Prints El Plans
D Copy of Letter El Change Order Other:
COPIES
ate ,
DATE
the following items:
Samples
DESCRIPTION
-00110P
Specifications
5/18/16 • Sewer Permit Applications (1 Original and 1 Copy)
5/19/16
• Contract Documents and Specifications (1 Original and 1 Copy)
• Plan Sets (1 original and 1 Copy)
Behind Better of Ori
• Check — tocated
I1cation Su
Please give me a call should you have any
documentation enclosed for your review.
Thank you, Slade Harvin, PE
THESE ARE TRANSMITTED as checked below:
For Review & Approval
D For Your Use
0 As Requested
For Review and Comment
El FOR BIDS DUE [ ]
REMARKS: None.
Reviewed
Ej Rejected
Q Corrected
0
O PRINTS RETURNED AFTER LOAN TO US
estions regarding the
0 Revise and resubmit
O Submit
0 Return
copies for distribution
correcMBOirif
":"
Signed By:
A. Slade Harvin, PE, Project Manager

PROJECT MANUAL
FOR
SANITARY SEWER EXTENSION TO SERVE
SUBSTANCE INDUSTRIAL SITE
City of Claremont
CATAWBA COUNTY, NORTH CAROLINA
2974-K
MAY 2016
PROGRESS SPECIFICATIONS
DO NOT US : T CTION
A. SLADE HARN P.
TF
OOTEN C MPANY
E_ E ,,Ef Fi"NN i't ANNEfi> AE U sEW
AY

A. Civil Engineering Design
ERTIF ATION PAGE
I, A. Slade Harvi , P.E., hereby certify that the Bidding Requirements, Contractin Docurnents,
Division 1, end Division 2, of the Sanitary Serer Extension for Substance Industrial Site, Project
Manual were prepared by me or under my direct supervision.
0 -K 5/6/2016
END OF "IE T
SEAL
00005-1 edification Sheet

TABLE OF CONTENTS
Document Title Pages
00005 Certification Page.............................................................................................1-1
00010 Table of Contents.................................r......,,.,..............,,.,...,.,............,......,,..,.1-2
Bidding Requirements
00100 Advertisement for Bids____ _ 1-2
00200 Instruction to Bidders......................................................................................1 11
00410a Bidder's Checklist.............................................................................................1-1
00410 Bid Form, Contract No. 1, .................................................................................1-8
00430 Bid Bond..................................................................................................:.........1-2
00432 Page for Attaching Power of Attorney (Bid Bond).............................................1-1
Identification of Minority Business Participation.................................................1-1
Affidavit A, Listing of Good Faith Efforts............................................................1-1
Affidavit B, Intent to Perform Contract with Own Workforce, .............................1-1
E-Verify Affidavit 1-1
Iran Divestment Act Certification.....................,......,....,,.,.......,.....,........,......,....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
00615A Payment Bond........................................................... 1-3
00616 Page for Attaching Power of Attorney (P & P Bonds)........:,...............................1-1
00618 Page for Attaching Certificate of Insurance.......................................................1-1
00620 Contractor's Application for Payment .................................... 1-4
MBE Documentation for Contract Payment.....................:..,,......,.,..,..,.......,.......1-1
NC County Sales and Use Tax Report..............................................................1-1
00625 Certificate of Substantial Completion................................................................1-1
00634 Certificate of Owner's Attorney &
Pre -Audit Statement (Exhibit GC -A).. .. 1-1
00700 General Conditions (EJCDC, 2007)................................................................1-62
00800 Supplementary Conditions__________________________._ -10
a. Affidavit C, Portion of the Work to be Performed by Minority Firms.......:,.....1-1
b. Affidavit D, Good Faith Efforts._ ...................................1-1
c. Permits
i DWQ Wastewater Permit ...................... ......... ........ ................. ..........
d. Rules Implementing Settlement Conferences .......................... -
00940 Work Change Directive.....................................................................................1-1
00941 Change©rderfs�.:...:..................
Section
01100
01270
01312
01314
Technical Specifications
Division 1 - General Requirements
Summaryof Work.............................................................................................1-2
UnitPrices........................................................................................................1-4
ProjectCoordination.........................................................................................1-1
Project Meetings .......
00010-1 Table of Contents

01330
01450 .-._.~1-3
01500 Temporary Facilities and .. ........ ... � 1~3
01600 -Product Requirements,.................... ........ ._.,.__--........................ —._-A~3
-1700 ................ -.... ....... .-.'-_~.`-~^^~........ .--,~-.---' -4
Division2~v�&te-
-- _ _. ' Construction-~
02230 Clearing and ^~........ ........ --~.~'........ ........... ~-...... ~.~^~...... .^_-.~_1-2
02300
02315 Trenching for -.-,.--.-.-~'.~._-~_".......... -_~-_.~.~~.^~--_~°~.-~._.1_8
02370 Erosion .. ... ...^.. --- .'..... ..^...^^..."--- ...... -1-3
02445 |Bore and -1-3
02530 Sanitary.......~....._.,.-_,-«~p
Table 1, Low Pressure Air Testing for Gravity Sewer Mains
02532 Sanitary Sewer Pipe Liner ........_._~-.=_~-............. ~~-,~~......... ~..~~_-_... ~3
02700 ~~._.-__--~--^^--,~_,_~~~._~~`_-_-_--_~,~.1-3
1-5
Division 3 — Division 16 (Not Applicable)
END OF DOCUMENT
00010-2 Table of Contents

ADVERTISEMENT FOR BIDS
Project: Sanitary Sewer Extension to Serve Substance Industrial Site
Owner: City of Claremont
3288 E. Main Street
Claremont, NC 28610
Engineer: The Wooten Company
1430B Old Lenoir Road NW
Hickory, NC 28601
[phone]
Separate sealed Bids will be received until 2:00 pm, , 2016, in the
Council Chambers at City Hall, 3288 E. Main Street, Claremont, N.C., at which time and place
bids will be publicly opened and read aloud for the construction of the Sanitary Sewer Extension
to Serve Substance Industrial Site.
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.
A Pre -Bid Meeting will not be held.
The Project consists of the following approximate major items:
1,000 LF of 8-Inch Gravity Sewer
9 Precast Concrete Sewer Manholes
1 Bore and Jack of 18-Inch Casing with Carrier Pipe
Associated Appurtenances and Site Work
Bidding Documents may be examined at Engineers and Owner's office and at:
McGraw Hill Dodge Company (online)
Construction Management Data (online)
Hispanic Contractors Association of the Carolinas, Raleigh, N.C. (internet only)
Construction Journal (online)
Complete Bidding Documents may be obtained at the Issuing Office of the Engineer upon
submitting a non-refundable fee 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 of the Bid must accompany each Bid and shall be
subject to the conditions provided in the Instructions to Bidders.
2974-K : 5/6/2016 00100-1
Document in accordance wi¢h RUS Bulletin 1780-26, Exhibit E, 10/2009
Advertisement for Bids

The Owner is an Equal Opportunity Employer and encourages bidding by srrtsll„ minority and
female contractors and does not discriminate on the basis of handicapped status, Bids from
qualified disadvantaged business enterprise (DBE) are encouragedd.
Bidders shall be required to submit with their Bids affidavits of "Good Faith Efforts" in the
recruitment of Minority Businesses.
END F DOCUMENT
2974-K 5/6/2016 00100-2 in accordance wvwtt, US Bulletat 178 2 Exhibit E, 101 009
Advertisement ment for Bids

ARTICLE 1
ARTICLE 2
ARTICLE 3
ARTICLE 4
ARTICLE 5
ARTICLE 6
ARTICLE 7
ARTICLE 8
ARTICLE 9
ARTICLE 10
ARTICLE 11
ARTICLE 12
ARTICLE 13
ARTICLE 14
ARTICLE 15
ARTICLE 16
ARTICLE 17
ARTICLE 18
ARTICLE 19
ARTICLE 2©
ARTICLE 21
ARTICLE 22
ARTICLE 23
ARTICLE 24
INSTRUCTIONS TO BIDDERS
TABLE OF ARTICLES
COPIES OF BIDDING DOCUMENTS....................................................1
MINORITY PARTICIPATION GOALS..........................a.,.....,..,.:............2
QUALIFICATIONS OF BIDDERS............................................................
EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA,
ANDSITE............................................................................... 3
PRE -BID CONFERENCE.......................................................................4
INTERPRETATIONS AND ADDENDA ................................................... 5
LIQUIDATED DAMAGES.......................................................................6
SUBSTITUTE AND OR -EQUAL ITEMS.................................................6
SUBCONTRACTORS, SUPPLIERS, AND©THERS ..............................6
FUNDING REQUIREMENTS.................................................................. 7
PREPARATION OF BID.........................................................................7
MODIFICATION AND WITHDRAWAL OF BID .............................. 8
OPENING OF BIDS................................................................................8
BIDS TO REMAIN SUBJECT TO ACCEPTANCE..................................9
BASIS OF BID; COMPARISON OF BIDS.................................................9
EVALUATION OF BIDS AND AWARD OF CONTRACT .........................9
CONTRACT SECURITY AND INSURANCE........................................1�
SIGNING OF AGREEMENT.................................................................1©
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 depositlfee 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.
2974-K ; 5/6/2016 00200-1 Instruction to Bidders
Document it 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 143-128,2.
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, 2, & 4 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
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 willmanage 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.
1. Names and addresses of major material Suppliers.
J. Statement that bidder is capable of completing the project within the stated
time.
2974-K : 5/6/2016 00200-2 Instruction to Bidders
Document in accordance with EJCDC No. C-200 (2007) & RUS Bultetin 1780-26, Attachment F, 10 2007

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 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.
5.02 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.
5.03 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
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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
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;
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
Determine that the Bidding Documents are generally sufficient to indicate
and convey understanding of all terms and conditions for the performance of
the Work.
5,04 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.
5,05 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,
5.06 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.
5.07 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 PRE -BID CONFERENCE
6.01 Pre -Bid Conference will not be held
A. Location: N/A
B. Time: N/A
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C. Date: N/A
6.02 Representatives of Owner and Engineer will be present to discuss the Project.
Bidders are encouraged to attend and participate in the conference but it is not
mandatory. Engineer will transmit to Bidding Document holders of record such
Addenda as Engineer considers necessary in response to questions arising at
the conference. Oral statements may not be relied upon and will not be binding
or legally effective.
ARTICLE 7 SITE AND OTHER AREAS
7.01 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 8 INTERPRETATIONS AND ADDENDA
8,01 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
will not be taken by phone. Engineer's fax number is 1-828-322-5242. E-mail
address is [e-mail].
8.02 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.
8.03 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,
8.04 Addenda may be issued to clarify, correct, or change the Bidding Documents as
deemed advisable by Owner or Engineer.
ARTICLE 9 BID SECURITY
9.01 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.
9.02 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,
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9.03 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 10 CONTRACT TIMES
10.01 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 11 LIQUIDATED DAMAGES
11.01 Provisions for liquidated damages, if any, are set forth in the Agreement.
ARTICLE 12 SUBSTITUTE AND OR -EQUAL ITEMS
12,01 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,
application for such acceptance will not be considered by Engineer until after the
Effective Date of the Agreement.
ARTICLE 13 SUBCONTRACTORS, SUPPLIERS, AND OTHERS
13.01 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.
13.02 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,
13.03 Contractor shall not be required to employ any Subcontractor, Supplier,
individual, or entity against whom Contractor has reasonable objection,
13.04 The Contractor shall not award work to Subcontractor(s) in excess of the limits
stated in SC 6.06.
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ARTICLE 14 FUNDING REQUIREMENTS
14.01 Bidders should be aware that the Project is funded in part by a NC IDF Grant.
Successful Bidder shall be required to follow IDF Compliance Requirements as
attached to the Supplementary Conditions.
ARTICLE 15 PREPARATION OF BID
15.01 The Bid form is included with the Bidding Documents. Additional copies may be
obtained from Engineer.
15.02 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.
15.03 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.
15.04 The postal and email addresses and telephone number for communication
regarding the Bid shall be shown.
15.05 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.
15.06 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.
15.07 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
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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.
15.08 Complete and include E-Verify Affidavit
15,09 Complete and include Iran Divestment Act Certification.
15,10 Complete and include CDBG Attachments.
ARTICLE 16 SUBMITTAL OF BID
16.01 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.
16.02 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.
16.03 Submit Bid in an opaque sealed envelope plainly marked on the outside with the
following:
Bid for Sanitary Sewer Extension to Serve Substance Industrial Site
Contract 1
Bidder's name and address
N.C. Contractor's license number with classification and limitation
16.04 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:
City of Claremont
P. O. Box 446
3288 E. Main Street
Claremont, N. C. 28610
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 17 MODIFICATION AND WITHDRAWAL OF BID
17.01 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.
17.02 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 18 OPENING OF BIDS
18.01 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,
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ARTICLE 19 BIDS TO REMAIN SUBJECT TO ACCEPTANCE
19.01 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 20 BASIS OF BID; COMPARISON OF BIDS
20.01 Unit Price
A. Bidders shall submit a Bid on a unit price basis for each item of Work listed
in the Bid schedule.
B. 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.
ARTICLE 21 EVALUATION OF BIDS AND AWARD OF CONTRACT
21.01 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.
21.02 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.
21.03 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.
21.04 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.
21.05 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.
21.06 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.
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21.07 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.
2108 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,
21.09 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,
21,10 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,
21,11 Basis of award will be the lowest total amount of the bids received for the State
Loan eligible portion of the Project and any combination of non -eligible item(s)
and / or alternative(s), inclusive, that the Owner elects to accept, The Owner
reserves the right to award contracts to the lowest responsive, responsible bidder
in the manner described above. However, State Loan participation will be limited
to the amount of the lowest submitted bid for the loan eligible portion of the
Project regardless of whether or not that bidder is awarded the contract.
ARTICLE 22 CONTRACT SECURITY AND INSURANCE
22,01 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 23 SIGNING OF AGREEMENT
23,01 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,
23.02 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.
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23,03 Applicable laws, ordinances, and the rules and regulations of authorities having
jurisdiction over construction of the Project shall apply to the contract throughout:
ARTICLE 4 SALES AND USE TAXES
24*01 The Owner is NOT exempt from sales tax: Said taxes must be included in the
bid
END OF DOCUMENT
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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:
Properly Executed Bid Form (Including the acknowledgement of all Addenda)
Required Bid security in the form of a Bid Bond (EJCDC No. C-430) or Certified
Check (circle type of security provided); Bid Bond shall be include an executed
Power of Attorney.
B1.
Identification of Minority Business Participation
B2.
Affidavit A, Listing of Good Faith Efforts; or Affidavit B
Contract with Own Workforce
E-Verify Affidavit
Iran Divestment Act Certification
nten
o Perform
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Bidder's Checklist

BID FORM
CONTRACT 1
PROJECT: Sanitary Sewer Extension to Serve Substance Industrial Site
CONTRACT: 1
BID FROM:
TABLE OF ARTICLES
page
Article 1 — Bid Recipient 1
Article 2 — Bidder's Acknowledgements 1
Article 3 — Bidder's Representations 1
Article 4 — Bidder's Certification 2
Article 5 — Basis of Bid 3
Article 6 Time of Completion 5
Article 7 — Attachments to this Bid 5
Article 8 — Defined Terms 7
Article 9 — Bid Submittal 7
ARTICLE 1 BID RECIPIENT
1.01 This Bid is Submitted To:.
City of Claremont
Post Office Box 446
3288 E. Main Street
Claremont, NC 28610
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.
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Bid Form

Addenda
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.
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.
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
false or sham Bid;
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Bid Form

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.a
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
No.
2
4
5
6
7
8
9
Description
(0)-(6) Ft Depth 8-Inch SDR-35 PVC Sewer Line
(6)-(8) Ft Depth 8-Inch SDR-35 PVC Sewer ine
(6)-(8) Ft Depth 8-1nch DIP PVC Sewer ine
(8)-(10) Ft Depth 8-1nch SDR-35 PVC Sewer Line
24-Inch Steel Encasement by Bore & Jack with 8-Inch
Class 350 DIP Gravity Sewer
(0)-(6) Ft Depth 4 Ft Diameter Precast Manhole
(6)7(8) Ft Depth 4 Ft Diameter Precast Manhole
(8)-(10) Ft Depth 4Ft Diameter Precast Manhole
(10)-(12) Ft Depth 4 Ft Diameter Precast Manhole
10 (16)-(18) Ft Depth 5 Ft Diameter Precast Inside Drop
Manhole
11
12
13
Sewer Tie -In to Existing Manhole
As ha t Pavement Patchin
Gravel Road Repair
Unit Estimated
Quantity
LF 880
LF 100
LF
LF
EA
EA
EA
EA
EA
EA
SY
Sy
85
60
85
35
20
Unit Price
Total
Estimated Price
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Bid Form

14
15
Inlet Protection
Silt Fence
EA
LF
2
950
Totaf Bid Price
B. Unit Prices have been computed in accordance with paragraph 11.03.B 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
be performed by the minority businesses and list the good faith efforts (Affidavit A)
made to solicit participation. A Bidder that will perform all of the work with its own
workforce may submit an Affidavit (B) to that effect in lieu of the affidavit (A)
required above.
1. Identification of Minority Business Participation.
2. Affidavit A, Listing of Good Faith Efforts; or Affidavit B, Intent to Perform
Contract with Own Workforce.
3. Guidelines for Recruitment and Selection of Minority Business for State Funded
Projects Administered Through the Construction Grants and Loan Section,
C. In accordance with GS 64-26(a), Bidders shall submit the E-Verify Affidavit to
document that the work authorization of their employees has been verified through
E-Verify. The Affidavit shall also document that the Bidders subcontractors comply
with E-Verify.
D. Iran Divestment Act Certification
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:
2974-K : 5/11/2016 00410-4
Document in accordance with EJCDC No. C-410 (2007) & RUS Bulletin 1780-26, Attachment G, 10/2009
Bid Form

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 In accordance with GS 143-128 the Single Prime Contractor must identify the
Contractors, if any, selected for the following subdivision of work:
A. General Construction
Name:
Address:
N.C. License No.:
7.05 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.
2974-K : 5/11/2016 00410-5
Document in accordance with EJCDC No. C-410(2007) & RUS Bulletin 1780-26, Attachment. G,, 10I2009
Bid Form

ARTICLE 9 BID SUBMITTAL
9.01 Contractor's License
A. Number:
B. Classification'
Limitation:
Employer's_ Tax ID Na.
Business Address
Phone No.:
Fax No.:
E-Mail Address:
,02 This Bid Submitted by:
An Individual
Name:
(Type or print)
By:
(individual'(individual's signature)
Doing Business As
(Type or print)
2 74-K /1' 1/2 100410-6
Document in accordance with EpiCDC No. CA1 (2 Q7) RUS Bulletin 1780-26, Attachment G, 0/2009
Bid Form

A Partnership
Partnership Name;
The Organization and internal Ai f the Partnership are governed by the
of the State of:
rs 0
(Signature of en rai partner, attach evidence of uthorfty to sign)
Nary e:
(Type or print)
Title.
(Type or print)
Attest:
(Signature of Corporate Secretary)
A Corporation
Corporation Name:
State of incorporation:
Type (General Business, Profession, Service, Limited Liability);:
By:
(Signature„ attach evidence of authority to sign)
Name.
(Type or print
Title.
(Type or print)
Attest:
(Signature of Corporate Secretary)
Date of Qualif Lion to do business in North Carolina is
Corporate Seal
2974-K : 5/1 I /2016 00 1 ®
Document in accc(dance with EJCDC No, -410 (2007) & r U Bulletin 1 i80 26, Attachment 0, 10/2009
Bid Form

Limited Liability Company LC
Name of LLC:
Name of State under whose Laws the Limited abili
was formed:
By:
( ignature of Manager)
Na
(Type or print)
Title:
(Type or print)
END OF DOCU ENT
2974-K ; 1 /2016 00410-8
Document in accordance with EJCDC No -410 (2007) RUS Bulletin 1780 26 Attachment , 10/2009
Bid Form

PENAL SUM FORM
Any
BIDDER
reference to Bidder, Surety, ner or
c rue and Address):
D OND
p y shall be considered plu,
SURETY (Na e and Address ofPrincipal Place of Business):
DER
and Address):
BID
Bid Due Date:
Description (Project Name and 1 tic Location):
BOND
Bond Number:
Date (Not ear lien than Bid due date)
Penal sum
ords)
,here applicable.
(Figures)
Surety and Bidder, intending to be legally bound hereby, subject to the terms set 1`drth below, do each cause this'
Bid Bond to be duly executed by an authorized officer, agent, or representative.
IDDER SURETY
(Seal) (Seal)
Surety's Name and Corporate Seal
Bidder's Name and Corpor°ate Seal
By:
Antes
Signature
PrintN
Title
Signature
Ti
By
Attes
Signature A ch Power of Atto ey)
Pr
e
Title
Signatur
ote: Above addresses are to be used for giving required notice.
Title
Job No. Mol ylYr
EJCDC N . -4 0 (2007 Edition)
40-1 Bid Bond

PENAL SUM FORM
1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors,
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 of Bidder.
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 the amount due.
5. 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.
I 1, The term "Bid" as used herein includes a Bid, offer, or proposal as applicable.
Job No. : Mo/DayfYr
EJCDC No. C-430 (2007 Edition),
00430-2 Bid Bond

PAGE FOR ATTACHING
POVVER OF ATTORNEY
(BidBond)
Job N ; Day/ onth/Year
004 2-1
Power of At rn+

Attach to Bid 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
1,
(Name of Bidder)
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
*Minority tegories: Black, African American (B), Hispanic (H), Asian American (A) American Irithan (I),
Female (F) Socially and Economically Disadvantaged (D)
The total value of minority business contracting will be ($)
MBForms 2002-R

Attach to Bid Attach to Bid Attach to Bid Attach. to Bid Attach to Bid Attach to Bid Attach to Bid Attach. to Bid
State of North Carolina AFFIDAVIT A- Listing of Good Faith Efforts
County of
(Name of Bidder)
Affidavit of
I have made a good faith effort to comply under the toliowing areas checked:
Bidders must earn at least 50 points from the good faith efforts listed for their bid to be
considered responsive. (1 NC Administrative Code 30 1.0101)
LI 1—(10 pts) Contacted 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.
Li 2 --(10 pts) 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.
Li 3 — (15 pts) Broken down or combined elements of work into economically feasible units to facilitate minority
participation.
Li 4 — (10 pts) 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.
LI 5 — (10 pts) Attended prebid meetings scheduled by the public owner.
LI 6 — (20 pts) Provided assistance in getting required bonding or insurance or provided alternatives to bonding
or insurance for subcontractors.
LI 7 — (15 pts) 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.
LI 8 — (25 pts) 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 suppliers in order to help minority businesses in establishing credit.
LI 9 — (20 pts) 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.
Li 10 - (20 pts) Provided quick pay agreements and policies to enable minority contractors and suppliers to
meet cash -flow demands.
The undersigned, if apparent low bidder, will enter into a formal agreement with the firms listed in the
Identification of Minority Business Participation schedule conditional upon scope of contract to be
executed with the Owner. Substitution of contractors must be in accordance with GS143-128.2(d)
Failure to abide by this 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:
Name of Authorized Officer:
Signature:
Title:
State of North Carolina, County of
Subscribed and sworn to before me this day of 20
Notary Public
My commission expires
MBForms 2002-R

Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Atta.eh to Bid Attach to Bid
State of North Carolina —AFFIDAVIT B Intent to Perform Contract
with Own Workforce.
County of
Affidavit of
(Name of Bidder)
I hereby certify that it is our intent to perform 100% of the work required for the
contract,
(Name of Project)
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 his/her own current work forces; and
The Bidder agrees to provide any additional information or documentation requested by the owner in
support of the above statement..
The undersigned hereby certifies that he or she has read this certification and is authorized to bind the
Bidder to the commitments herein contained.
Date:
Name of Authorized ©f cer:
Signature:
Title:
State of North Carolina, County of
Subscribed and sworn to before me this day of 20
Notary Public
My commission expires
MBFotrrts 2002-R

STATE OF NORTH CAROLINA
E-VERIFY AFFIDAVIT
COUNTY OR MUNICIPALITY
******************************
(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).
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
My Commission Expires:
Notary Public
0
co

City of Claremont
3288 East Main Street
Claremont, NC 28610
Name of Vendor or Bidder:
IRAN DIVESTMENT ACT CERTIFICATION
REQUIRED BY N.C.G.S. 143C-6A-5(a)
As of the date listed below, the vendor or bidder listed above is not listed on the Final Divestment List
created by the State Treasurer pursuant to N.C.G.S. 143-6A-4.
The undersigned hereby certifies that he or she is authorized by the vendor or bidder listed above to
make the foregoing statement.
Signature
Printed Name
Notes to persons signing this form:
Date
Title
N.C.G.S. 143C-6A-5(a) requires this certification for bids or contracts with the State of North Carolina,
a North Carolina local government, or any other political subdivision of the State of North Carolina.
The certification is required at the following times:
When a bid is submitted
When a contract is entered into (if the certification was not already made when the vendor made
Its bid)
When a contract is renewed or assigned
N.C.G.S. 143C-6A-5(b) requires that contractors with the State, a North Carolina local government, or
any other political subdivision of the State of North Carolina must not utilize any subcontractor found
on the State Treasurer's Final Divestment List.
The State Treasurer's Final Divestment List can be found on the State Treasurer's website at the
address wwwxtetreasurer,com/Iran and will be updated every 180 days.

Notice of Award
Projectr
SanitaryServe Substance tt'tdustrtal Site
tta Sewer Extension to �_..
Owner..,.�-
City of Claremont
Contract:
der:
Bidders Address (send Certified Mail, Return Receipt Requested)
s atttraet No
NC
You are notified that your Bid dated for the above Contract has been considered, You
are the Successful Bidder and are awarded a Contract for the following:
The Contract Price of your Contract is Dollars ($ ),
# copies of the proposed Contract Documents (except Drawings) accompany this Notice of
Award.
# 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 Owner # 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,.
Other conditions precedent:
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.
Owner
By:
Authorized Signature
Title
Copy to Engineer
Acceptance of Notice
Receipt of the above Notice of Award is hereby acknowledged by
this the day of , 20�
By:
Title:
2974-K : 5/6/2016
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
City of Claremont (Owner) and
(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:
Sanitary Sewer Extension to Serve Substance Industrial Site
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:
1,000 LF of 8-Inch Gravity Sewer Line
9 Precast Concrete Manholes
1 Bore and Jack for 18-Inch Casing and Carrier Pipe
Associated Appurtenances and Associated Work
ARTICLE 3- ENGINEER
The Project has been designed by The Wooten Company, 1430B Old Lenoir Road NW,
Hickory, North Carolina 28601, (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
2974-K : 5/6/2016 00520-1 Agreement
Document in accordance with EJCDC NoL C-520 (2007)

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
Contractor agree that as liquidated damages for delay (but not as a penalty),
Contractor shall pay Owner $750,00 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 $750.00
for each day that expires after the time specified in Paragraph 4.02 above for
completion and readiness for final payment until the Work is completed and ready
for final payment.
ARTICLE 5 - CONTRACT PRICE
Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined pursuant
to the following paragraphs:
A. For all Unit Price Work, an amount equal to the sum of the established unit price
for each separately identified item of Unit Price Work times the estimated quantity
of that item as indicated in the Bid Form.
Total of all Unit Prices:
Dollars ($
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
2974-K : 5/6/2016 00520-2 Agreement
Document in accordance with EJCDC No„ C-520 (2007)

Engineer may determine, or Owner may withhold, in accordance with
paragraph 14.02 of the General Conditions,
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
2. 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.B.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 iterns 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 paragraph 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 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
2974-K1 5/6/2016 00520-3 Agreement
Document in accordance with EJCDC No. C-520 (2007)

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.
E. 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.
F. 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.
G. 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.
H. 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:
1. Addenda 00490 as follows.
a. Addendum No. , dated , (pages 00490- to 00490-
)
2. This Agreement (pages 00520-1 to 00520- )
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)
7. Supplementary Conditions (pages 00800-1 to 00800- )
8. Specifications as listed in the table of contents (pages 00010-1 to 00010-
) of the Project Manual,
9. Drawings consisting of sheets numbered C.1.1 through and are not
attached to this Agreement, with each sheet bearing the following general
title: Sanitary Sewer Extension to Serve Substance Industrial Site.
10. Exhibits to this Agreement as follows:
a. Contractor's Bid (pages to , inclusive);
b. Notice of Award (pages 00510-1)
c. Documentation submitted by Contractor prior to Notice of Award.
2974-K : 5/6/2016 00520-4 Agreement
Document in accordance with EJCDC No. C-520 (2007)

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
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:
2974-K : 5/6/2016 00520-5 Agreement
Document in accordance with EJCDC No, C-520 (2007)

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;
ca "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,
10,06 Other Provisions
THIS AREA LEF
BLANK INTENTIONALLY
2974-K :5/6/2016
Document bn accordance rth EICDC No. -5 0 (2007)
00520-6
Agreement

IN VVITNESS WHEREOF, Owner and Contractor have signed this Agreement in quadruplicate.
One counterpart each has been delivered to Owner, Contractor, and two counterparts to; 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 2016 (which is the
Effective Date of the Agreement).
OWNER:
CONTRACTOR:
Name Name
Title
ignature
(SEAL)
ATTEST:
Title
Signature
(SEAL)
Name ciao
Title Title
gnature
Address for giving notices
Sic€nature
License No:
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
29'74-K: /W2016 00 0_7 Agreement
Document in accordance with EJCDC n. 520 (2007)

Notice to Proceed
Project:
Sanitary Sewer Extension to Serve Substance Industrial Site
Owner:
City of Claremont
Contract
Contractor:
Date:
Owner's Contract No
Engineer's Project No,,
2974-k
Contractor's 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.B 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 :
Owner
Given by:
Authorized Signature
Title
Date
Copy to Engineer
Acceptance of Notice
Receipt of the Notice of Proceed is hereby acknowledged by
this the day of
By:
Title:
20
2974-K : 5/6/2016
00550-1 Notice to Proceed
EJCDC No. C-550 (2007 Edition) Prepared by the Engineers' Joint Contract Documents Committee arid endorsed by the
Associated General Contractors of America and the Construction Specifications Institute.

E R(vEER JOINT CONTRACT
DOCUMENTS COMMDTEU
PERFOr ANCE BOND
CONTRACTOR (name and address).
C. ER (name and address
CONSTRUCTION TRUCT IO CONTRACT
Effective Date of the Agreement:
Amount:
.Description (name and location)
BOND
Bond N ber:
Date (not earlier than else E e ta've Date of tlae A reem nt as 1
Amount::
Modifications fications to this Bond h"o None
SURETY (name and address of principal place o' business
II
edam Cont
See Paragraph 16
Surety and Contrractor, 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.
CONTRACTOR AS PRHSC
Contractor's Nance and Corporate Seal
Signature
(seal)
Print Name
Atte
Signature
Title
Sur
y
TY
Name and Cor
at
Seal
(seal)
By:
Signature (attach power aaattrarrra)
Print Name
Title
Attest
Signature
Title
Notes: (1) Provide supplement ecaatiarn r any additional parties, such as joint venturers. (, 2 Any sin, ular reference to
Contractor, Surety, Owner, or tlter°arty shall be considered plural where applicable.
Job No : Mn/Dy/Yr
EJCDC No. -610 (2010 Edition)
01 -1
Performan e Bond

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,
which 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 °Wrier 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 perfomiance. 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, hut 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
Job No : MO/Day/Yr
EJCDC No C-610 (2010 Edition)
00610-2
the Contract Priceincurred by the. Owner as a result of the
Contractor Default, or
5.4 Waive its right to perform and complete, arrange fo
completion, or obtain a new contractor, and with reasonabh
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 Contract, 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 darnages 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 shalt 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.
I I, 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
Performance Bond

after the Surety refuses or fails to perform its obligations under this
Bond, whichever occurs 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 he mailed
or delivered to the address shown on the page on which their signature
appears.
13. 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 herefrorn and
provisions conforming to such statutory or other legal requirement
shall he 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.
Job No : Mo/DaylYr 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,
not been remedied or waived, to perform or otherwise
with a material term of the Construction Contract.
hich has
comply
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 comp.
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

fC,INfERS JOIN
D!N
CONTRACTOR (name and address
R (name and address):
CONSTRUCTION CONTRACT
Effective Date of the Agreement:
Amount:
Description (name and location):
PAYMENT BOND
SURETY (name and address of pnhcipal place of business):
BOND
Bond Number:
Date (not earlier than the Effective Date of the Agreement o"the Construction Contract
Amount:
Modifications to this Bond Form: L None LJ 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
(seal
SLTRPTY
Contractor's Nartle and Corporate Seal Surety's Name and Corporate Seal
By: _. By:
Signature
Print Na
Signature {attach power of attorrae
Print Name
Title Title
Attest: Attest:
Signature Signature
Title Title
?Votes (1) Provide supplemental execution by any additional parties, such as joint venturers; (2) Any singular reference
to Contractor, Surety, Owner, or other party shall be considered plural where applicable
Job No : Mo/Day/Yr
EJCDC No. C-615 (2010 Edition)
00615-1 Payment Bond

1. The Contractor and Surety, jointly and severally, 'bind
themsel.ves, their hcirs., 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 payinent 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,
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,
hens, 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 furnished 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).
6. If a notice of non-pay-ment required by Paragraph 5,1,1 is
given by the Owner to the Contractor, that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of
non-payment under Paragraph 5,1,1.
Job No : Mo/Day/Yr
EJCDC No. C-615 (2010 Edition)
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 dcfenses 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 atftorney'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 be 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
this Bond other than in a court of mpetent jurisdiction in
the state in which the project that is the subject of the
Construction Contract is located or after the expiration of
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
00615-2 Payment Bond

(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, whichever of
(1) or (.2.) first occurs. lf the provisions of this paragraph
are void or prohibitedby law, the minimum .period of
limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable,
1.3, Notice and Claims to the Surety, the Owner, or the
Contractor shalt be mailed or delivered to the address
shown on the page 00 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 furnish a copy of this Bond or shall
permit a copy to be made.
16. Definitions
16 I 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 furnished;
5. The date 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 date 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
Job No Mo/Day/Yr
EJCDC No C-615 (2010 Edition)
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 .woric 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: Al] 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 be Subcontractor and the term
Owner shall he deemed to be Contractor:
18. Modifications to this Bond are as follows:
00615-3 Payment Bond

Jab Na. ; / ahth"
PAGE FOR ATTACHIN
POWER OF ATTORNEY
01 - 'w

PAGE FOR ATTACHING
ERTIFICATE OF INSURANCE
4-AI 8 1 4 t- C r lficat

C;N01 N EEHS
1)000Mv1F NYti
(Owner
,Project:
Contractor'
Application
Period:
Contracto
Contract:
1'
ication for Payment No.
Application Date:
Via (P:
Application For Payment
TOT
.NET CHANGE BY
CIIANCi'H. NIDE
Contractor's Certification
The undersigned Contractor certifies that to the hest of its knowledge: (1) all previous progress payments
received from (honer on account of Work done under the Contract have been applied on account to
discharge Contractor's legitimate obligations incurred in connection with Work covered by prior
Applications for Payment; (2) title of all Work, materials and equipment incorporated its said Work or
otherwise listed in or covered by this Application for Payment will pass to Owner at time of payment free
and clear of all Liens. security interests and encumbrances (except such as are Covered by a Bond
acceptable to Owner indemnifying Owner .against any such 'Liens, security 'interest or encumbrances), and
(3) all Work covered by this Application for Payment is in accordance with the Contract Lkscuments and
is not defective.
Date:
Deer s Pas Feet No.:
ORIGINAL CONTRACT PRICE,.....,.,.".,..... .....
Net change by Change Ordcra................................
TOTAL. COMPLETED AND STORED TO DATE
RETAINAGE:
a. X Work Completed.........
b. X Stared Material........_.. $
c. Total Retainage (Line 5a + Line Sb) .....................__.... 5
AMOUNT ELIGIBLE TO DATE (Line 4 - Line 5cl ,.-n................. $
LESS PREVIOUS PAYMENTS (Line 6 from prior Application}.,.... $
AMOUNT DUE THIS APPL ICA"TiON..........................................., $
9. BALANCE TO FINISH, PLUS RETAINAGE
(Column G on Progress Estimate + Line 5 shove) ..........................„.,.., $
Payment of.
Payment of:
a approv
Approved by..
(Tine 8 or other - attach explanation af`the otlaor amount
(line
nataan of the other amount)
(Owner)
Funding Agency
aPP
b
(Date)
EICDC C.620 Contractor's Application for Payment
I> 21310 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 1 of 4

Progress Estimate -
u
p Sum Work
Contractor's Application.
For (Contract):
Specification
Section No,
Description
Tota
Application Date:
Work Completed
From Previous Application
(C+D)
This Period
1Ulatefiats Presently
Stored (not in C or D)
Total Completed
and Stored to Date
(C+D+F)
FJCDC C-620 Contra tort Application for Payment
t 2010 National Society of Pro in All righ
Pane 2 of 4

Progress Estimate - Unit Price Work.
For (Contract);
Bid item No.
Description
Bid Item
Unit Price
Bid Item
Value (%)
Estimated
Quantity
Installed.
U
Value of Work
Installed to
Date
EJCDC C.120 Contractor's Application for Payment
ti7 2010 National Society of Professional Engineers for EJCDC, All rights reserved.
Page 3 of 4
Date:
Contractor Application
'F'otat Completed
nd Stored to Date
(D Fl
Bolan

Stored Material Summary
Contractor's Application
n
App1io tion Nu
Ap
iod: Applaration Date:
b
Supp1icr
Invoice. No. anon
Sotarage
Description of Ma
VI
Date Placed
Amount
(a)
Amount Stored
this .Month ($)
EJCDC C-620 Contractor's Application for Payment
0 2i110National Society of Professional Engineers for EJCDC. All nights reserved.
Page 4 of 4
Subtotal Amount
f'ompleted and
Stored to Date
(n+r.)
Year
d
nth Amount
($)
Stara
tD 4.

APPENDIX E
MBE DOCUMENTATION FOR CONTRACT PAYMENTS
Prime Contractor/Architect:
Address & Phone:
Project Narne:
Pay Application
Period:
The following is a list ofpayttient 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 (II), Asian American (A) raaerican Indian (1),
Female (F) Socially and Economically Disadvantaged (D)
Date: Approved/Certified By:
Name
Title
Signature
HIS DOCUi'uiENT I IIUST BE SUBi 1T 'D ITII EACH PAY REQUEST & FINAL PAYMENT**

PROJECT
NORTH CAROLINA SALES TA3f ANC) N,fSE REPORT
(Paid During This Estimate Period)
CONTRACTOR
VENDOR NAME
COUNTY ESTIMATE NO.
PERIOD ENDING
INVOICE
NUMBER
INVOICE AMOUNT
PAGE of
TYPE OF
PROPERTY
STATE TAX
COUNTY TAX TOTAL TAX
COUNTY OF SALE"
I certify that the above -listed vendors were paid sales tax upon purchase of building materials during the period covered by the construction estimate, and the property upon which such
taxes were paid with or will be used in the performance of this contract, No tax on purchases or rentals of supplies, tools and/or equipment is included in the above list. All of the material
above became a part of or is annexed to the building(s) or structure(s) being erected, altered or repaired, I certify that, to the best of my knowledge, the information provided here is true,
correct, and complete
Swam to and subscribed to before me this
day of , 20
Nola
My commission ex
Seal
Contractor's Signature
Print or Type Name of Above
"If this is an out -of -slate vendor, the County of Sale should be the county to which the merchandise was shipped.

Certificate o Substantial Co le ion
Proiect.
This [tentative] [definitive] Certificate of Substantial Completion applies to:
0 All Work under the Contract Documents: 0 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 no( be ail -
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,
Insurance and warranties shall be as provided in the Contract Documents except as amended as follows:
Q Amended Responsibilities 0 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
Job No : MofDayfYr
ntract Documents.
Extlied by Engineer
Accepted by Owner
Date
Date
Dale
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,

EXHIBIT GC -A
CERTIFICATE OF OWNER'S ATTORNEY
I, the undersigned, y
the duly authorized and acting legal representative of
, 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.
City of Claremont, NC
Date:
By:
Title:
AGENCY CONCURRENCE
As lender or insurer of funds to defray the costs of this Contract, and without liability for any payments
thereunder, the Agency hereby concurs in the form, content, and execution of this Agreement.
By: Date
Type Name:
Job No. Mo/Day/Yr 00634-1
Document prepared in accordance with RUS Bulletin 1780-26, Attachment H, Exhibit GC -A, 10/2009
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
ACEC
AkrtERIC COUNCIL OF' ENGINEERING COMANTI,5
ASCEof CAmerivicanEngineSociety
AMERICAN COUNCIL OF
nal Society of
sional Engineers
Engineers in Private Practice
ERING COMPANIES
ASSOCIATED GENERAL CONTRACTORS OF AMERICA
AMEICAN SOCIETY OF CIVIL ENGINEERS
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
A Practice Division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
Endorsed by
CONSTRUCTION SPECIFICATIONS INSTITUTE
EJCDC C-700 Standard General Conditions of the Cons
Copyright © 2007 National Society of Professional Engineers for EfC7DC> till rights resery

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 © 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.org
American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400
[phone]
www.asce.org
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 StandardConditions of the Constnicdon Contract
Copyright (g) 2007 National Society of Proiessional Engineers for LJCDC. All rights reserved.

STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Page
Article 1 — Definitions and Terminology, 1
1.01 Defined Terms...............................................................................................................................1
Article2 — 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__
3.01 Intent.............................................................................................................................................. 8
3.02 Reference Standards......................................................................................................................8
3.03 Reporting and Resolving Discrepancies........0...1.4,................0.........5...,.4.,..,4,41..,.44...,11.4.4,4..4......11.0..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
4.02 Subsurface and Physical Conditions...........................................................................................11
Physical Conditions.............................................................................12
4.03 DifferingSubsurface or
4.04 Underground Facilities................................................................................................................13
4.05 Reference Points............ . .14•
.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_
5.04 Contractor's Insurance................................................................................................................17
5.05 Owner's Liability Insurance...........................................................a.........,.,,,..,......,,,..........,.....19
5.06 Property Insurance... .......
5.07 Waiver of Rights ........................ ............
5.08 Receipt and Application of Insurance Proceeds ...............................................
E.1CDC C-700 Standard General Conditions of the Construction Contract
Copyright ® 2007 National Society of Professional. Engineers for EJCDC. All rights reserved.
Page i
19
....................... ...... ........ 20
.21

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_
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
6.07 Patent Fees and Royalties............................................................................................................27
6.08 Permits.........................................................................................................................................27
6.09 Laws and Regulations................................................................................................................28
6.10 Taxes...,.
6.11 Use o S�
6.12 Record Documents......................................................................................................................29
6.13 Safety and Protection__ _ _ ..... _ __.__....._ _ _ _ _ _ 29
6.14 Safety Representative..................................................................................................................30
6.15 Hazard Communication Prograrn..............................................................................................30
6.16 Emergencies................................................................................................................................30
6.17 Shop Drawings and Samples......................................................................................................31
6.18 Continuing theWork....____.. ....... .........................................................................32
6.19 Contractor's General Warranty and Guarantee..........................................................................33
6.20 Indemnification .......... ................................................................................................................. 33
.28
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
Article 8 - Owner's Responsibilities...............................................................................................................36
8.01 Communications to Contractor.......................................................................... ........................36
8.02 Replacement of Engineer ............................................................................................................6
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 Arrangernents..........................................................................................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 © 2007 National Society of Professional Engineers for EJCDC. Ail rights reserved.
Page it

9.02 Visits to Site................................................................................................................................37
9.03 Project Representative.........,..................................................................................................,....38
9.04 Authorized Variations in Work...................................................................................................38
9.05 Rejecting Defective Work...........................................................................................................3$
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...
10.05 Claims.... ............................................................................. ..... ........................41
41
Article 11 - Cost of the Work; Allowances; Unit Price Work.......................................................................42
11.01 Cost ofthe Work.........................................................................................................................42
11.02 Allowances..................................................................................................................................45
11.03 Unit Price Work..................................................................................................>.,,,,,..,,,.,., 45
Article 12 - Change of Contract Price; Change of ContractTimes...............x.................................................46
12.02 Change of Contract Times ..
12.03 Delays ..................................
..47
..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. Wrk........................................................,...............,..............................,................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....................................................................................52
14.01 Schedule of Values
...,.52
14.02 Progress Payments.......................................................................................................................52
14.03 Contractor's Warranty of Title....................................................................................................55
14.04 Substantial Completion................................................................................ ..,..,..,,.55
14.05 Partial Utilization................................................................... .56
14.06 Final Inspection
57
14.07 Final Payment............................................................................................................................57
14.08 Final Completion Delayed.........................................................................................................58
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright © 2007 National Society of Professional Engineers for EJCDC. Ail rights reserved.
Page iii

15.02
15]03 .......... ............ .......... ............... ........ ~......... ...... J60
Article 16 _- --~.~~~~-.~~~~__`_~~---~--"~~_~~_~_~-~�}
— 16.01 Methods and ._--~_...... .... ^-_-°-... .................. ~____...... _.-............... ,-_-.__........ 6J
.......... ...... `-~...... ...... ~ ........ ~.~~
EJCDC C-700 Standard General Conditio as of the Construction Contract
Copyright C 2007 National Society of Professional Fagineers for EJCDC. Ali 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 teens 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.
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.
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 direc
o 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 A eement.
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.
EJCDC C-700 Standard General Conditions of the Constru
Copyright © 2007 National society of Professional Engineers for EJC
Page 1 of 62
n Contract
Alt rinhts reserved.

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 Agreernent.
20. Field Order A written order issued by Engineer which requires minor changes
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.
ork
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
cornpletiondate or time prior to Substantial Completion ofall the Worlc
LICDC C-700 Standard General Conditions of the Construction Contract
Copyright © 2007 National Society of Professional Engineers for EJOIC. All rights reservaL
Page 2 of 62

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. PCBsPolychlorinated 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 (ED 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 3 of 62,

40 Shop Drawings—Alldrawings, 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 furnished 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
proi essed 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
furnishing, 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
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright C 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 4 of 62

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).
N)C:DC C-700 Standard General Conditions of the Construction Contract
Copyright © 2007 National Society of Professional Engineers for E.1CDC. All rights reserved.
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E. Furnish, Install, Perform, Provide:
1 . 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.
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.
ARTJCLE 2 — PRELIMINARY MATTERS
2.01 Delivery of Bonds and Evidence of Insurance
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 of Insurance: 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.
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 6 of 62

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
3. 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 first 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.
. 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 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:
1. 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.
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 terms 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:
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A Field Order;
2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph
617.D.3); or
3. Engineer's written interpretation or clarification.
3.05 Reuse of Documents
A. Contractor and any Subcontractor or Supplier shall not:
I. 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 party.
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.
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ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS
4.0 1 Avallabilio; 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 firmish 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 tiling 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,
ernployees, 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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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:
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.
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 inciuded 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. 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 ernergency 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 Dociunents. 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 fhr 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.G 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.H shall obligate Contractor to
indemnify any individual or entity from and against the consequences of that individual's or
entity's own negligence,
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 terrninated in any state where any part of the Project is located or it ceases
to meet the requirements of Paragraph 5.01.B, 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.B 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:
I. claims under workers' compensation, disability benefits, and other similar mployee benefit
acts;
2. claims for damages because of bodily injury, occupational sickness or disease, or death of
Contractor's employees;
dainns 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:
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;
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 fonn 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 ()floss as may
be specifically required by the Supplementary Conditions.
include expenses incurred in the repair or replacement of any insured property (including but
not limited to fees and charges ofengineers 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
whorn 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 ()floss 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 Waiver ofRights
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
arid 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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loss due to business interruption, loss of use, or other consequentiai 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 of insurance 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 5.08,13. 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 party 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. Al! 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.
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.
I. "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 fiinction 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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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 furnish 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.B. 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 6.0513. 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.B), whether initially or as a
replacement, against whom Owner may have reasonable objection. Contractor shall not be
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required to employ any Subcontractor, Supplier, or other individual or enti
perform any of the Work against whom Contractor has reasonable objection.
0
ish or
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 thein) 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, lf 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 o f 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.
. 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 Safet), 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 perfomance 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 ofconstruction.
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 ofthem 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 ofthem, 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.B 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, quanntities, dimensions, specified
performance and design criteria, installation requirements, materials, catalog numbers,
and similar information with respect thereto;.
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.
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 Contactor has complied
withthe 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:
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:
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:
I. 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 Jndemnitkation
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 may be 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 carry 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 equiprnent 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 shallnot 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:
. 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:
1, 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 itemiz
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
and 14.07.C.
e payments to Contractor when they are due as provided in Paragraphs 14.02.0
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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8.0'7 Change Orders
A. Owner is obligated to execute Change Orders as indicated in Paragraph 1.0,03.
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 infomiation 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 I 0, 1 I, 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 I 0.05.B.
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 perforniance 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 ofthem,
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 entityperforming 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 perfbrmed 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 1 3.04,D.
10.03 Execution of Change Orders
A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer
covering:
I . 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
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 arnount 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 stating 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.B. 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
. 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
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.B, 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 11.01.B, and
shall include only the following items:
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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.
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 ofthem may
be liable, and royalty payments and fees for permits and licenses.
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 ail 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 1 1.01,A.1 or specifically covered by Paragraph 11.01 .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.
. 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 I I .01.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 deteiniined 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 and 11.01.B, 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:
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 cyr 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:
1. where the Work involved is covered by unit prices contained in the Contract Documents, by
application of such unit prices to the quantities of the items involved (subject to the
provisions of Paragraph 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 12.01.C.2); or
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.B.2, on the basis of the
Cost of the Work (detemined as provided in Paragraph 11.01) plus a Contractor's fee for
overhead and profit (determined as provided in Paragraph 12.01.C).
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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 1 1.0 I .A. I and 11.01.A.2, the Contractor's fee shall
be 15 percent;
b. for costs incurred under Paragraph 11.01.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 1201.C.2.a and 12.O1.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 1 1.01 .A.1
and 11.0 I.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 11.01.A.4,
11.01.A.5, and 11.01.B;
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
€ 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 1 2.01.C,2„a through 12,01 .C.2.e, inclusive.
12,02 Change ofContract 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 perfbnning 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 perforrnance 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 entitl 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 'perfo.mi all
inspections, tests, or approvals required by the Contract Documents except:
1. for inspections, tests, or approvals covered by Paragraphs 1 3.03.C. and 13.03.D below;
2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph
13.04.B shall be paid as provided in Paragraph 13.04.C; and
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 6.11.A is found to
be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's
written instructions:
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I. repair such defective land or areas; or
correct such defective Work; or
• 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 rk, 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.
. The amount of r tainage with respect to progress payments will be as stipulated in the
Agreement.
B. Review or 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.
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 prograrns incident thereto, or
c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor'
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 14.02.B.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
14.02.0) become due, and when due will be paid by Owner to Contractor.
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D. Reduction in Payment:
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.
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.1 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
th erefor.
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 functioning 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 ofthe 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 ofSubstantial Completion for that part of the Work.
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.
ndard General Conditions of the Construction Contract
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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 ofParagraph 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.
. 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.B.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
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 furnish 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 furnish 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. lf, 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:
I . 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 hut not limited to liquidated
damages, will become due and will be paid by Owner to Contractor.
1.4.08 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:
. 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 TERN NAT' ON
15 ()1 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 any one or more of the following events will justify termination for cause:
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:
I . 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.B, Contractor shall not be entitled to receive
any further payment until the Work is wmpleted. 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,B 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 5.01A, the termination procedures of that bond shall supersede the provisions of
Paragraphs 15.02.B 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):
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;
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, lf, 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
mounts 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:
1. 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
1 7.01 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:
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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 Paraii aph wiil 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.
1 7.05 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.
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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.
TABLE OF CONTENTS
ARTICLE SC-1, DEFINITIONS AND
ARTICLE SC-2,
ARTICLE SC-3, CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE..........................3
ARTICLE SC-4, AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
ARTICLE SC-5, BONDS AND INSURANCE
ARTICLE SC-6, CONTRACTOR'S RESPONSIBILITIES
ARTICLE SC-9, ENGINEER'S STATUS DURING CONSTRUCTION.......___.......8
ARTICLE SC-11, COST OF THE WORK, CASH ALLOWANCES; UNIT PRICE WORK ...........8
ARTICLE SC-12, CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES..........9
ARTICLE SC-14„ PAYMENTS TO CONTRACTOR AND
ARTICLE SC-16, DISPUTE RESOLUTION
ARTICLE SC-1, DEFINITION'S 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.
Add the following definitions to the General Conditions:
A.52 The term "minority business" means a business:
a, 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
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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
b. 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.
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g
ARTICLE SC-3, CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
SC-3,01.B Add the following paragraph 3.01.B.1 to the General Conditions:
3.0113,1 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 4,02 Delete paragraph 4.02 in its entirety and insert the following in its place:
4.02 No reports or explorations or tests of subsurface conditions at or contiguous to the Site
are known to the Owner or Engineer. Contractor shall have full responsibility with
respect to subsurface conditions at the site with allowances as provided in the Contract
Documents.
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,
Notifying owners of underground facilities prior to start of Work.
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.B 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
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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-5.04 Add the following new paragraphs immediately after paragraph 5.04.B:
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:
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
cl, Each Occurrence (Bodily Injury & Property Damage)
e. Property Damage liability insurance will provide
Explosion, Collapse, and Under -ground coverages
where applicable.
f Excess or Umbrella Liability
1) General Aggregate
2) Each Occurrence
$2,000,000.00
$1,000,000.00
$1,000,000.00
$1,000,000.00
$5,000,000.00
$5,000,000.00
Automobile Liability under Paragraph 5.04.A.6 of the General Conditions:
a. Bodily Injury:
Each person $1,000,000.00
Each Accident $1,000,000.00
b. Property Damage:
Each Accident $1,000,000.00
OR (i.e., either a. and b. or c.)
c. Combined Single Limit of $1,000,000.00
4. The Contractual Liability coverage required by Paragraph 5.04.8.3 of the General
Conditions shall provide coverage for not less than the following amounts:
a. Bodily Injury:
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Each person
Each Accident
b. Property Damage:
Each Accident
Annual Aggregate
Pollution Liability
SC-5.06.A Add the following paragraph immediately following 5.06.E.
F. Insurance policies provided under 5.06 shall include flood insurance for all Work below
the 100-year flood elevation,
ARTICLE SC-6, CONTRACTOR'S RESPONSIBILITIES
SC-6.02 Add the following paragraphs after 6.02.B:
$2,000,000.00
$2,000,000.00
$2,000,000,00
$2,000,000,00
$2,000,000.00
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 $85.00 / 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.
E. 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 awarded, will be on the basis of materials and
equipment specified or described in the Bidding Documents, or 'or -equal" materials and
equipment as defined in paragraph 6,05 of the General Conditions, or those substitute
materials and equipment approved by the Engineer and identified by Addendum, The
materials and equipment described in the Bidding Documents establish a standard of
required type, function, and quality to be met by any proposed substitute or "or -equal"
item. Request for Engineer's clarification of materials and equipment considered "or-
equar 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
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forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon
approvals made in any other manner.
SC-6.06.6 Add the following sentence(s) at the end of paragraph 6.06.B:
1 Bidder shall indicate Minority Business Participation on the attachment to the Bid Forms„
Low Bidder shall be required to submit the following Affidavits as attached to the end of
this section:
a. Affidavit C, Portion of the Work to be Performed by Minority Firms.
b. Affidavit D, Good Faith Efforts
2. Contractor whose Bid is accepted shall not substitute any person as subcontractor in the
place of the subcontractor listed in the Bid, except:
a. If the listed subcontractor's bid is later determined by the Contractor to be non -
responsible or non -responsive, or the listed subcontractor refuses to enter into a
contract for the complete performance of the bid work; or
b. With the approval of the awarding authority for good cause shown by the
Contractor.
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:
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. DWQ Wastewater Permit
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.
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E. Contractor shall be responsible for conforming to the requirements (including associated
construction costs) of the N.C. Department of Transportation Encroachment Agreement,
Railroad Encroachment Agreement (s), 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
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:
Take immediate action to contain the spill.
2. Notify the Owner and Engineer within 30 minutes of realizing a spill has
occurred.
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 6.12A
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-7, OTHER WORK
SC-7.04 Add the following new paragraph immediately after paragraph GC-7.03:
SC-7.04 Claims Between Contractors
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A. Should Contractor cause damage to the work or property of any other contractor at the
Site, or should any claim arising out of Contractor's performance of the Work at the Site
be made by any other contractor against Contractor, Owner, Engineer, or the
construction coordinator, Contractor shall promptly attempt to settle with such other
contractor by agreement, or to otherwise resolve the dispute by arbitration or at law,
Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and
hold harmless Owner, Engineer, the construction coordinator and the officers, directors,
partners, employees, agents and other consultants and subcontractors of each and any
of them from and against all claims, costs, losses and damages (including, but not
limited to, fees and charges of engineers, architects, attorneys, and other professionals
and court and arbitration costs) arising directly, indirectly or consequentially out of any
action, legal or equitable, brought by any other contractor against Owner, Engineer,
Engineer's Consultants, or the construction coordinator to the extent said claim is based
on or arises out of Contractor's performance of the Work. Should another contractor
cause damage to the Work or property of Contractor or should the performance of work
by any other contractor at the Site give rise to any other Claim, Contractor shall not
institute any action, legal or equitable, against Owner, Engineer, or the construction
coordinator or permit any action against any of them to be maintained and continued in
its name or for its benefit in any court or before any arbiter which seeks to impose
liability on or to recover damages from Owner, Engineer, or the construction coordinator
on account of any such damage or Claim.
C. If Contractor is delayed at any time in performing or furnishing Work by any act or
neglect of another contractor, and Owner and Contractor are unable to agree as to the
extent of any adjustment in Contract Times attributable thereto, Contractor may make a
Claim for an extension of times in accordance with Article 12. An extension of the
Contract Times shall be Contractor's exclusive remedy with respect to Owner, Engineer,
and construction coordinator for any delay, disruption, interference, or hindrance caused
by any other contractor. This paragraph does not prevent recovery from Owner,
Engineer, or construction coordinator for activities that are their respective
responsibilities.
ARTICLE SC-9, ENGINEER'S STATUS DURING CONSTRUCT ON
SC-9.03.A Add the following language at the end of paragraph 9.03.A:
The Engineer will provide Resident Project Representative services for this project. The Duties,
Responsibilities, and Limitations of Authority of the Resident Project Representative will be as
stated in Exhibit D of the Agreement Between Owner and Engineer, E-500, 2008 Edition, as
amended and executed for this specific Project.
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:
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
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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-11.031).1 Delete Paragraph 11.03.D.1 in its entirety and insert the following in its place:
1. 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 T ES
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/modf
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.
ARTICLE SC-14, PAYMENTS TO CONTRACTOR AND COMP ETION
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,
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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:
1, The Application for Payment with Engineers 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.B, 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.O1.0 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
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Document prepared in accordance with EJCDC No. C-800 (2087) & RUS Bul/etin 1780-26, Attachment H, 10/2009

Do not submit with bid Do not submit with bid Do not submit w'ith bid Do not submit with hid
State of North Carolina - AFFIDAVIT C - Portion of the Work to be
Performed by Minority Firms
County of
(Note this form is to be submitted only by the apparent lowest responsible, responsive bidder.)
If the portion of the work to be executed by minority businesses as defined in GS143-128.2(g) is equal
to or greater than 1 (ia of the bidders total contract price, then the bidder must complete this affidavit,
This affidavit shall be provided by the apparent lowest responsible, responsive bidder within 72 hours
after notification of being low bidder.
Affidavit of I do hereby certify that on the
(Name of Bidder)
(Project Name)
Project ID# Amount of Bid $
I will expend a minimum of % 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. Attach additional sheets if required
Name and Phone Number Minority Work description Dollar Value
Category
*Mnority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (1),
Female (F) Socially and Economically Disadvantaged (D)
Pursuant to GS143-128.2(d), the undersigned will enter into a formal agreement with Minority Firms for
work listed in this schedule conditional upon execution of a contract with the Owner. Failure to fulfill
this commitment may constitute a breach of the contract.
The undersigned hereby certifies that he or she has read the terms of this commitment and is
authorized to bind the bidder to the commitment herein set forth.
Date:
Name of Authorized Officer:
Signature:
Title:
State of North Carolina, County of
Subscribed and sworn to before me this day of 20
Notary Public
My commission expires
MI3Forms .2002-R

Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid
State of North Carolina AFFIDAVIT D Good Faith Efforts
County of
(Note this form is to be submitted only by the apparent lowest responsible, responsive bidder.)
If the goal of 10% participation by minority business is not achieved, the Bidder shall provide the
following documentation to the Owner of his good faith efforts:
(Name of Bidder)
Affidavit of:
I do certify the attached documentation as true and accurate representation of my good faith efforts.
additionalsheets if required)
Name and Phone Number *Minority Work description Dollar Value
Category
*Minority categories: Black, African American (B), Hispanic (H), Asian American (A) Amer an Indian
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 contact, 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 contacts 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 20
Notary Public
My commission expires
MBForrns 2002-R.

RULES IMPLEMENTING EDI,ATD
SE I FLEMENT CONFERENCES IN
NORTH CAROLINA PUBLIC CON T U TI PROJECTS
Adopted
February 26, 2002
Table of Rues
Rule
1. Initiating Mediated Settlement Conferences
A. Purpose of Mandatory Settlement Confere es,
B; Initiating the Dispute'.lt€on Process.
2. Selection of Mediator
A. Selection of Cedified Mediator by Agr ;rnent of the Parties.
B. Nomination and Court ^ rorral of a Non -Certified Mediator,
C. Appointment of Mediator by the SCO.
D. Mediator Information Directory,
E. Disqualification of Mediator,
The Mediated SettlementConference
A. Where Conference is to be Held.
B. When Conference is to be Held,.
C. Request to Extend Deadline for Completion.
D.
E. The Mediated Settlement Conference a shed not be use for tare Delay of e Construction
Project which is the focus of the Dispute.
4. Duties of Parties and Other Participants in Formal Dispute Resoluti Pryss
A. Attendance.
B. Ftnali ing Agreement.
C. The Mediation Fee shall be paid in a rdance with G.S. 143-12 (g).
D. Failure to Compensate Mediator.
Authority and Duties ofMediators
A. Authority of Mediator.
Duties of Mediator,
Compensation of the Me
A. By Ag :rent;
B. By Appointment.
M lator Codification
Rule Making
Definitions
1. Time Limit

RULE 1. INITIATING MEDIATED SETTLEMENT CONFERENCES
A. Purpose of Mandatory Settlement Conferences. Pursuant to G.S. 143-128(g)
143-135.26(11), these Rules are promulgated to implement a system of
settlement events which are designated to focus the partiesattention 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 public construction contract governed by Article 8. Ch. 143 of
the General Statutes and identified in G.S. 143-128(g) 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 public
owner for mediation of the dispute.
2) Prior to submission of a written request for mediation to the public owner, the
parties requesting mediation,
a) If a prime contractor, must have first submitted its claim to the Project
Designer for review as set forth in Exhibit A. if the dispute is not
resolved through the Project Designer's instructions, then the dispute
becomes ripe for mediation in the Formal Dispute Resolution Process,
and the party may submit his written request for mediation to the
public owner.
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 becomes ripe for mediation
in the Formal Dispute Resolution Process, and the party may submit
its written request for mediation to the public owner.
c) If the party requesting mediation is the Project Designer, then it must
first submit its claim to the public owner to resolve. if the dispute is
not resolved with the public owner's involvement, then the Project
Designers' dispute is ripe for mediation in the Formal Dispute
Resolution Process, and the Project Designer may submit its written
request to the public owner for mediation.
RULE 2, SELECTION OF MEDIATOR
A. Selection of Certified Mediator by Agreement of the Parties. The parties
may select a mediator certified pursuant to the Rules by agreement within 21
days of requesting mediation. The requesting party shall file with the State
Construction Office (hereinafter collectively referred to as the ''SCO*) or public
owner if a non -State project 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.
2

B. Nomination and Public Owner 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 SCO or public owner,
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 SCO 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 SCO or public owner shall rule on said nomination, shall approve or
disapprove of the partiesnomination and shall notify the parties of its decision.
C. Appointment of Mediator by the SCO. If the parties cannot agree upon the
selection of a mediator, the party or party's attorney shall so notify the SCO or
public owner and request, on behalf of the parties, that the SCO or public owner
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 SCO or public owner shall appoint a certified attorney
mediator. If no preference is expressed, the SCO or public owner 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 SCO or public owner for good cause. Nothing in this provision
shall preclude mediators from disqualifying themselves.
RULE 3. THE MEDIATED SETTLEMENT CONFERENCE
k Where Conference Is to be Held. Unless all parties and the mediator otherwise
agree, the mediated settlement conference shall be held in the county where the
project is located. The mediator shalt 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 SCO or public owner to 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 SCO or public owner.
The SCO or public owner 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 project which is the focus of the dispute.
RULE 4. DUTIES OF PARTIES AND OTHER PARTICIPANTS IN FORMAL DISPUTE
RESOLUTION PROCESS
A. Attendance.
1) AR 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 public owner'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 rnonies 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 its terms to writing and sign it along with their
counsel.
C. The mediation fee shall be paid in accordance with G.S. 143-128(g).
D. Failure to compensate mediator. Any party's failure to compensate the
mediators in accordance with G.S. 143-128(g) shall subject that party to a
withholding of said amount of money from the party's monthly payment by the
public owner.
Should the public owner fail to compensate the mediator, it shall hereby be
subject to a civil cause of action from the mediator for the 1/3 portion of the
mediator's total fee as required by G.S. 143-128(g).
RULE 5. AUTHORITY AND DUTIES OF MEDIATORS
4

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 G.S. 7A-
38.1(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) 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 timely to determine that an
impasse exists and that the conference should end.
4) Reporting Results of Conference. The mediator shall report to the SCO or
public owner 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
SCO or public owner of the absence of any party known to the mediator to
have been absent from the mediated settlement conference without
permission. The SCO or public owner 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
of the SCO or public owner.
RULE 6. COMPENSATION OF THE MEDIATOR
5

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 G.S. 143-128(g) are observed.
B. By Appointment. When the mediator is appointed by the SCO or public
owner, 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.
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. • 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 SCO or public owner to mediate any dispute in
accordance with these rules.
* Except when otherwise allowed by the SCO or public
the parties to the mediation.
RULE 8. RULE MAKING
ner upon the request of
These Rules are subject to arnendrnerit by rule making by the State Building
Commission.
These Rules are mandated for State projects when the contracting state entity has
not otherwise adopted its own dispute resolution provision. These rules are optional
for all other projects subject to Article 8, Ch. 143 of the General Statutes.
RULE 9. DEFINITIONS
When the phrase "SCO or public owner" is used in these rules, "SCO" shall apply to
state projects, "public owner shall apply to non -state public projects.
RULE 10. TIME LIMITS
On state contracts, any time limit provided for by these Rules may be waived or
extended by the SCO for good cause shown.
On non -state contracts, 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.
6

DISPUTE
FSi1W4 O0PLI1E
FIESOLUUGN PROCESS
R
Exhibit A
DISPUTE RESOLUTRESOLUTION
STATE PRO ECT
010111AV SIONED (UMt3 10 OI.SPU E E[OMS)
OiSPU1t CGF.! 10 ECOCHEN
TAN if.6.1.(MAtIPT
Cf• fPO1t 1
K
WORMAIDI
A!
NON -STATE / PUBUC
PROJECTS
01111IACT S OOEO

•U
Exhibit A
DISPUTE RESa'1. UT ON
DISPUTE
CUM FROM
TRACTOR TO PRIME
SUB —CONTRACTOR
GOES TO PRIME
CONTRACTOR
FORMAL DISPUTE
RESOLUTION PROCESS
BEGINS
MEDIATION
ANON (OR) • G.S. 143-135.3 (b)
• G.S. 143-134.2
1SPU
UTIGATION
STATE PROJECTS
CT SIGNED (RIGHTS TO DISPUTE RESCLUTION BE
CIE C:
PROTEST
REJECT ALLOW COMPROMISE ADDITIONAL
INFORMATION
DESIGNER MA# Ea fNAL
RECCMM'ENDATI
APPROVES
RECOMMENDATION
DISPUTE
RESOLVED
RULES 114PLf TENTING
MEDIATED SETTLEMENT CONFERENCES
NORTH CAROIJ1A PUBLIC CONSTRUCTION
PROJECTS
AS AMENDED BY STATE BUILDING
COMMISSION (PLACED IN THE SPECIFICATIONS OC-58)
DISAPPROVES
RECOMMENDATION
S)
DISPUTE RESOLUTION
BECANS
FORMAL DIS tTE
SOLUTION PROCESS BEG FS
'b' CLAIM
G,S. 143-135.3 (b)
TRAT1Oh
(DUKE SAC
• .C• r
S. '143 35.3 (c)
LIT1G ICON
/26 2

Exhibit A
DISPUTE RESQLUTION
i� EDiKflON
RULES IMPLEMENTING
MEDIATED SETTLEMENT CONFEREP cES
FIRTH CAROUNA PUBLIC CONSTRUCTION
PROJECTS
AS AMENDED BY STATE BUILDING
COMMISSION (PLACED IN THE SPECIFICATIONS
NON -STATE / PUBUC
PROJECTS
CONTRACT SIGNED
DISPUTE GOES TO DESIGNER (CLAIM FROM PR 11; E CONTRACT )R)
(AIA 1O DAYS)
PROJECT PROCEEDS UNDER PROTEST
REJECT ALLOW COMPROMISE ADD, `TONAL
INFDF'. A11ON
DES; +iER MAKES FINAL
RECOMMENDATION TO OWNER
RESOLVED
DISPUTE RESSOLUTI: is
BEGINS
A

Date of Issuance:
Project:
Contract:
Contractor:
Work Change Directive
No,
Effective Date:
Owner:
Owner's Contract No.:
Date of Contract:
Engineer's Project No.:
Contractor is directed to proceed promptly with the foliowing change(s):
Item No.
Description
Attachments (list documents supporting change):
Purpose for Work Change Directive:
Authorization for Work described herein to proceed on the basis of Cost oft ae Work due to:
C Nonagreement on pricing of proposed change.
Necessity to expedite Work described herein prior to agreeing to changes on Contract
Price and Contract Time.
Estimated change in Contract Price and. Contract Times:
Contract Price $
(increase/decrease) Contract Time
days
ncreas
decrease)
Recommended for Approval by Engineer:
Authorized for Owner by:
Date
Date
Received for Contractor by:
Date
Received by Funding Agency (if applicable):
Date:
110940-1 J-1 Work Change Direct ive No. j 1
EJCDC -940 Work Change Directive
Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute.
Page Iofl

)ate of Issuance: Effective Date:
Project:
Contract:
Contractor:
Change Order
No.
Owner:
Owner's Contract No.:
Date of Contract:
Engineer's Project 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: 0 Working days ID 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.
Substantial completion (days):
Ready for final payment (days):
Contract Price prior to this Change Order: 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: [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:
By: By: By:
Engineer (Authorized Signature)
Owner (Authorized Signatw-e) Contractor (Authorized Signature)
te: Date:
proved by Funding Agency (if applicable):
Date:
Date:
FJC.DC C-94.1 Change Order Change Order No. []
Preparod by the Engneci Jaiii Contrct Documcnts 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 nomially 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 contacting 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-94 I Change Order Change Order No. []
Pmparod by the Engineers Joint Contract Doctunerns Committee and endorsod by the Construction Specifications Institute
Page 2 of 2

SECTION 01100
SUMMARY OF WORK
PART 1 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 Sanitary Sewer Extension to
Serve Substance Industrial Site for the City of Claremont, North Carolina.
1.02 CONTRACTS
A. Project construction will be let under one Contract with construction including, but
not limited to, the following approximate major work items:
1. 1,000 LF of 8-Inch Gravity Sewer Line
2, 9 Precast Concrete Manholes
3. Bore and Jack of 18-Inch Casing with 8-inch RJ DIP Carrier Pipe
4. Associated Appurtenances and Work
1.03 WORK SEQUENCE
A. Construction Progress Schedule, as required in Section, Submittal Procedures, shall
indicate the anticipated items and times that the Work will interfere with normal
facility operation.
B. Contractor shall not allow bypassing of sewage during construction. Construction
activities that interfere with normal operation of the existing facilities shall be
specifically noted on construction schedule. For each of these activities, provide a
detailed construction sequence, which shall prevent bypassing of the sewage.
C. 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.
D. 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.
E. Notice To Proceed shall be based on an agreed upon date between Owner and
Contractor, but shall not be issued later than 60 days from the date of the
Agreement or as agreed to by the Contractor and Owner..
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.
2974-K : 5/6/2016 01100-1 Summary of Work

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 rnits
contractor's use of site during the construction period. Work at the Project site by
Owner will be coordinated with the Contractor..
Ci Contractor shall provide his own staging area as necessary for his Work.
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
2974-K/ l fit
01100-2 Sum
of Work

SECTION 01270
UNIT PRICES
PART 1 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.
E. Administrative cost including, but not limited to, mobilization, bonds, insurance,
shop drawing submittal, project signage, video and photographic records,
coordination of construction activities (including but not limited to updating
master construction schedule, providing weekly tasks schedule, coordination
with owner, engineer, utility providers, permitting agencies, etc.), as -built
documentation, construction trailers, and office administration for the Project
construction shall be included in the individual unit price items.
1.05 MOBILIZATION
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.
2974-K : a111/2016 01270-1 Unit Prices

1.06 UTILITY PIPING
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)-(X) ft Depth (X)-Inch Sewer Line: 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.
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 backlit!).
5. Installation of warning / identification tape over utilities.
6. Temporary support and protection of existing underground facilities.
7. Pipe, concrete blocking and encasement, connection to existing piping, and
fittings.
8. Flushing and testing.
9. Repair to damaged new and existing utilities,
10. Adjust existing and new manhole and valve boxes to finished surface
elevations.
11. Cutting and removal of existing paved surfaces. Patching of existing paved
surfaces shall be paid as indicated in the paragraph, "Patching of Asphalt and
Concrete Pavement."
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)
A. Measurement: By the number installed.
B. Sanitary sewer work items:
1. Tie into 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. Inlet Protection: Silt fence installation with #5 washed stone, maintenance
during construction, and final removal and clean up,
1.08 (X) — (X) FT DEPTH (X) F I DIAMETER MANHOLE
A. Measurement: By the number of various sizes and at the depth installed.
Measure depths from manhole cover to lowest pipe invert.
2974-K 5/11/2016
01270-2 Unit Prices

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) (X) FT DEPTH (X) FT DIAMETER INSIDE DROP MANHOLE
A. Measurement: By the number installed.
B. Work: Excavation, backfilling, compaction, stone subbase, concrete manhole
sections as required for the depth, manhole top, ring and cover, steps, drop
connection, piping and fittings as required, supports, concrete pipe boots, and
associated appurtenances and work for the complete installation.
1.10 (X NCH STEEL ENCASEMENT PIPE BY BORE AND JACK WITH CARRIER PIPE
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, restrained joints, 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.
1.11 ASPHALT PAVEMENT PATCHING
A. Measurement: Measure by the square yard along centerline of pavement cut
times the pipe OD plus two feet. Payment shall not be made for pavement
repair required due to excessive open cut caused by Contractor.
B. Work: Backfilling, compacting, stone sub -base, asphalt at the depths as
specified.
1.12 GRAVEL DRIVEWAY REPAIR
A. Measurement: Measure by the square yard along centerline of pavement cut
times the pipe OD plus five feet for stone placed and compacted to a depth of 6
inches. Loss of material due to inadequate backfill compaction shall be
replaced at no additional cost. Engineer shall approve location and dimension
of repair area to be used prior to placement. Payment shall not be made for
pavement repair required due to excessive open cut caused by Contractor.
B. Work: Stone, hauling, placement, and compacting.
1 13 SILT FENCE
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.
PART 2 PRODUCTS
Not Used
2974-K : 5/11 /2016
01270-3 Unit Prices

PART 3 EXECUTION
No Used
END OF ECTION
-K 5/1 '11 1 a 01270-4 Un Prices

SECTION 01312
PROJECT COORDINATION
PART 1 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..
1.02 GENERAL COORDINATION REQUIREMENTS
A.
Responsibilities of Contractor:
1. Coordinate construction activities for the Project to
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 iinclude, 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.
PART 2 PRODUCTS
NOT USED
PART 3 EXECUTION
NOT USED
END OF SECTION
assure efficient and proper
2974-K : 5/6/2016
01312-1 Project Coordination

SECTION 01314
PROJECT MEETINGS
PART 1 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 shalt be held at the Council Chambers at City
Hall, 3288 E. Main Street, Claremont, 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
2974-K : 5/6/2016
01314-1 Project Meetings

SECTION 01330
SUBMI 1 AL PROCEDURES
PART 1 GENERAL
1.01 SECTION INCLUDES
A. This Section includes, but is not limited to, requirements for the following:
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.
10. Test reports.
11, Operation and maintenance instructions.
12. Warranties.
13. Spare parts and maintenance materials.
1.02 SUBMITTAL PROCEDURES
A. Transmit each submittal with cover letter to Engineer at The Wooten Company,
1430 B Old Lenoir Road NW, Hickory, North Carolina 28601.
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: City of Claremont
3. Project name: Sanitary Sewer Extension to Serve Substance Industrial
Site
4. Wooten Job No.: 2974-K
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.
2974-K : 5/6 2016
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.
I, Revise and resubmit submittals as required; identify changes made since previous
submittal.
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. 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.
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 benchmark datum.
2974-K 5/6/2016
01330-2 Submittal Procedures

b. Measure and reference horizontal and vertical locations of underground
utilities and appurtenances to existing permanent surface improvements
that are indicated on the Drawings.
Measure and reference location of internal utilities and appurtenances
concealed in construction to visible and accessible features of the Work.
d. Field changes from construction Drawings.
e. Details not on original Contract Drawings.
6. Submit documents to Engineer with final Application for Payment.
1.04 TECHNICAL SUBMFIIALS
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. 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 manufacturersstandard data to provide information unique
to this Work in the Shop Drawing submittal.
C. 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.
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.
D. Manufacturer's Installation Procedures
1. Installation procedures should indicate manufacturer's recommendations for
proper installation of Product.
E. 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,
2974-K : 5/6/2016
01330-3 Submittal Procedures

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.
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
2974-K 5/ 1
Subrralttl Procedures

SECTION 01450
QUALITY CONTROL
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Quality assurance and control of installation.
B. Inspection and testing laboratory services.
C. References.
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,
1,0 INSPECTION AND TESTING LABORATORY SERVICES
A. Provide the services of an independent firm to perform soil and material inspections,.
testing and other services specified in the individual specification sections of this
Contract Document.
B. Testing laboratory shall be authorized to operate in the state in which Project is
located.
C. Testing laboratory shall have a full-time registered Engineer on staff to review
services.
D. Testing equipment shall be calibrated at reasonable intervals with devices of an
accuracy traceable to either National Bureau of Standards (NBS) standards or
accepted values of natural physical constants.
2974-K : 516/2016
01450-1 Quality Control

E. Prior to start of Work, submit testing laboratory name, address, and telephone
number, names of full-time registered engineer, field inspector, and responsible
project manager. Laboratory subject to the approval of the Engineer.
F. 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.
1.04 LABORATORY RESPONSIBILITIES
A. Testing Laboratory shall have the following responsibilities for the Project:
1. Attend pre -construction conferences and progress meetings as required by the
Engineer.
2, Collect and test samples of mixes.
3. Provide qualified personnel at site. Cooperate with Engineer and Contractor in
performance of services.
4. Perform inspection, sampling, and testing in accordance with Contract
Documents and specified standards.
5. Ascertain compliance of soil compaction and material mixes with requirements
of Contract Documents.
6. Promptly notify Engineer and Contractor of observed irregularities or
nonconformance of Work or Products.
7. Perform additional inspections and tests required by Engineer when specified
tests have failed.
1.05 LIMITS ON TESTING LABORATORY AUTHORITY
A. The authority of the Testing Laboratory is limited as follows:
1. May not alter requirements of Contract Documents,
2. May not approve or accept any portion of the Work.
3. May not assume duties of Contractor.
4. Has no authority to stop the Work.
1.06 LABORATORY REPORTS
A. After each inspection and test, the independent testing firm shall submit report(s) as
specified in Section, Submittal Procedures.
1,07 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.
1.08 REFERENCES
A. Conform to reference standard by date of issue current to date of Bid opening.
B. Should specified reference standards conflict with Contract Documents, request
clarification from Engineer before proceeding.
2974-K : 5/6/2016
01450-2 Quality Control

C. Contractual relationship of parties to the Contract shall not be altered from the
Contract Documents by mention or inference otherwise is in any reference document.
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END F SECTION
-K 5/612016
1 50 3
Quality Control

SECTION 01500
TEMPORARY FACILITIES AND CONTROLS
PART 1 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, Electrical Contractor shall make arrangements for and provide equipment
necessary for temporary electrical service to the site for the use of all
Contractors at the Site.
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. 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.
D. 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.
1.03 WORK ON PUBLIC RIGHTS -OF -WAY
A. Work on this Project is along rights -of -way under jurisdiction of the Owner:
B. Notify the Owner.
C. Work shall conform to the requirements and be subject to the approval of the
Owner.
D. Clean rights -of -way as work progresses and daily.
E. Power broom existing pavement as work progresses.
F. 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."
2974-K 5/6/2016
01500-1 Temporary Facilities

G. Consult with the above agency(ies) in establishing public thoroughfares to be used
for haul routes and site access.
H. Confine construction traffic to designated haul routes.
I. Provide traffic control along haul routes to regulate traffic and to minimize
interference with public.
J. 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.
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 barricades required by agency in 1.4.A for public rights -of -way and for
public access to existing buildings.
3. Provide protection for plant life designated to remain. Replace damaged plant
life.
4. 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.
2'974-K : 5/6/2016
01500-2 Temporary Facilities

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.
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
2974-K 5/6/2016
01500-3 Temporary Facilities

SECTION 01600
PRODUCT REQUIREMENTS
PART1 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
property 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.
2974-K : 5/6/2016
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
requirements of these specifications.
B. Products Specified by Naming One or More
manufacturers named and meeting specifications,
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.
meeting standard and specific
Manufacturers: Products of
no options or substitutions
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.
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.
PART 2 PRODUCTS
Not Used
2974-K : 5/612016
01600-2 Product Requirements

PART 3 EXECUTION
1t used
END OF SECTION
1600-3
Produc Reduirrsots

SECTION 01700
EXECUTION REQUIREMENTS
PART 1 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. (Le.: 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.
2974-K : 5/6/2016
01700-1 Execution Requirements

2. Provide protection for other portions of project.
3. Provide protection from elements.
D. Performance
1. Execute filling 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
2974-K : 5/6/2016
01700-2 Execution Requirements

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 surfaces exposed to view as recommended by manufacturer.
2. Remove temporary labels.
3. Repaint damaged paint surfaces.
4. Clean debris from drainage systems.
5. Sweep paved areas.
6. Rake clean landscaped surfaces.
7. Remove waste and surplus materials.
8. 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 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
4. Final Certified Payroll Information
F. Submit warranties as required by individual equipment specifications.
2974-K 5/6/2016
01700-3 Execution Requirements

PART 2 PRODUCTS
NotUsed
PART 3 EXECUTION
Not Used
END OF SECT1ON
7 - 01 + - e utu r Requirer nt

SECTION 02230
CLEARING AND GRUBBING
PART1 GENERAL
1.01 SECTION INCLUDES
A. Contractor shall perform clearing and grubbing. Work shall include, but not be
limited, to the following:
1. Clearing and grubbing.
2. Removal of surface debris,
3. Demolition and removal of existing paving and structures.
4. 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.
PART 2 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 comers 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.
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.
2974-K : 5/6`2016
02230-1 Clearing and Grubbing

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. Clear and grub area within the proposed fence line of the pump stations.
D. Clear and grub area within the construction limit and easements unless noted
otherwise.
E. 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.
F. 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.
G. Do not precede grading operation by grubbing operation by more than seven days.
H. Fill holes and depressions and bring cleared and grubbed area to a uniform contour
to match existing grade. Provide positive drainage.
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.
Burning shall not be permitted at the site.
END OF SECTION
Clearing and Grubbing 02230-2

SECTION 02300
EARTHWORK
PART 1 GENERAL
1,01 SECTION INCLUDES
A. Provide labor, equipment, and material to perform site preparation and earthwork as
specified herein and indicated on the Drawings. Work shall include, but is not limited
to, the following:
1. Survey staking as required for construction.
2. Topsoil stripping and stockpiling.
3. Dewatering.
4. Protection of existing facilities.
5. Site grading.
6. Excavation, trenching, and backfilling for structures and foundation including
stone base as indicated on the Drawings.
7. Borrow material including, but not limited to, material, excavating, hauling,
placing, and compacting,
8. Maintenance and stability of site.
9. Disposal of waste and surplus material.
10. Soil testing.
B. Examine the site to determine the extent of excavating, grading, and related items
necessary to complete the work.
1.02 RELATED SECTIONS
A. The following Sections have work that is direct y 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 02315 Trenching for Utilities
3. Section 02370 Erosion Control
1.03 REFERENCES
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. American Society of Testing Materials (ASTM)
a. C33 Concrete Aggregates.
b. D698 Moisture -Density Relations of Soils and Soil -Aggregate Mixtures
Using 5.5-Ib (2.49 Kg) Rammer and 12-inch Drop (Standard
Proctor).
c. D1556 Density of Soil in Place by the Sand -Cone Method.
d. D1586 Penetration Test and Spilt -Barrel Sampling of Soils.
e. D2167 Density and Unit Weight of Soil in Place by the Rubber Balloon
Method.
f. D2216 Laboratory Determination of Water (Moisture) Content of Soil,
Rock, and Soil -Aggregate Mixtures.
g. D2487 Classification of Soils for Engineering Purposes.
h. D2922 Density of Soil and Soil -Aggregate in Place by Nuclear Methods
(Shallow Depth),
2974-K : 5/6/2016 02300-1 Earthwork

1,04 DEFINITIONS
A. Backfill: A specified material used in refilling a cut, trench, or other excavation,
placed at a specified degree of compaction.
B. Capillary Water Barrier; A layer of clean, poorly graded crushed rock, stone, or
natural sand or gravel having a high porosity, which is placed beneath a building
slab with or without a vapor barrier to cut off the capillary flow of water to the area
immediately below the slab.
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. Fill: Specified material placed at a specified degree of compaction to obtain an
indicated grade or elevation.
F. Hard Material: Solid, homogeneous material which are not included in the definition
of "rock" but which usually require the use of heavy excavation equipment with
ripper teeth. Material having a standard penetration resistance as determined by
ASTM D1586 60 and 150 blows per foot is defined as "hard material."
G. Lift: Layer of soil placed on top of a previously prepared or placed soil.
H. Rock: Solid, homogeneous material which cannot be removed without the
systematic drilling and blasting exceeding one (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.
Soil classification shall be in accordance with ASTM D2487.
1. Satisfactory materials: Soils classified as GW, GP, GC, GM, SP, SC, SM, SW,
ML, and CL.
2. Unsuitable materials: Soils considered as unsatisfactory shall be materials that
do not comply with the requirements of satisfactory above and include, but shall
not be limited to, the following:
a. Soil containing organic matter, debris, stones larger than 6 inches, or
frozen material. Stones greater than 4 inches will not be permitted in the
top 12 inches.
b. Soils classified as Pt, CH, MH, OH, and OL.
3 Cohesionless: Classified as GW, GP, SW, and SP. Soils classified as GM and
SM shall be classified as cohesionless only when the fines have a plasticity
index of less than 10.
4. Cohesive: Classified as GC, SC, ML, CL, MH, and CH. Soils classified as GM
and SM shall be classified as cohesive only when the fines have a plasticity
index greater than 10.
Subgrade: Lowest elevation upon which fill or other work will be placed in the
absence of unsuitable material.
K. 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
2974-K : 5/6/2016 02300-2 Earthwork

seeds, toxic substances, and materials that hinder grading, planting, and
maintenance operations.
1.05 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.
a. Structural fabric.
2. Manufacturers Installation Procedures.
a, Structural fabric
3 Test Reports: Submit for the following:
a. Moisture -density relations of soils.
b. Field moisture content.
c. Soil classification.
d. In -place field density.
4. Permits
a. Erosion control permits for borrow and disposal site(s).
PART 2 PRODUCTS
2.01 MATERIAL
A. Capillary water barrier: A clean crushed stone, crushed gravel, or uncrushed gravel
conforming to ASTM C33 coarse aggregate grading size 57, 67, or 7.
B. Stone Base: A dean crushed stone, crushed gravel, or uncrushed gravel
conforming to ASTM C33 coarse aggregate grading size ABC
C. Structural Fabric: Provide structural fabric specifically designed and manufactured to
stabilize soft soils under an aggregate base for roads and parking areas. Fabric
shall provide a permeable layer, planar flow, and tensile reinforcement for retaining
the soil matrix. Fabric shall be inert to commonly encountered chemicals,
hydrocarbons, resistant to mildew, rot, and ultraviolet light exposure, and meet or
exceed the following test standards:
1. Test ASTM
2. Fabric weight (oz / sq yd) D-1910 6
3, Grab tensile strength (lbs.) D-1682 200
4. Mullen burst strength (psi) D-3786 320
5. Puncture strength (Ibs.) D-751 80
PART 3 EXECUTION
3.01 GENERAL
A. Provide erosion control measures as specified in Section, Erosion Control and
clearing and grubbing as specified in Section, Clearing and Grubbing.
B. Protect existing structures and features to remain.
C. Dispose of excavated material in such a manner that it will not obstruct the water
flow, endanger existing improvements or Work in progress, impair the use or
appearance of the existing facilities, or be detrimental to the completed Work.
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D. Weather Limitations: Proceed with fill and backfill operations based on the following
weather conditions:
1. Temperature must be above freezing.
2. In windy, hot, or arid 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.
E. Repair or undercut and backfill soils that become damaged by construction activity
or unsuitable due to being left exposed to the weather at no additional cost.
F. Do not place material on surfaces that are muddy, frozen, or contain frost.
G. Excavation carried below the elevation indicated on the Drawings shall be backfilled
and compacted in accordance with these specifications.
H. Remove and properly dispose of unsatisfactory and excess material from the site.
3.02 CONSTRUCTION STAKING
A. 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.
B. 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.
3.03 PROTECTION OF UNDERGROUND FACILITIES
A. 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.
B. Investigate underground facility locations prior to the start of construction.
C. Repair damage to existing facilities at no additional cost to the Owner.
D. 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.
3.04 WATER CONTROL
A. Perform work to prevent surface water from accumulating in excavations, and
unfinished fill areas. Perform grading and excavation so the work area and affected
operations shall be continually and effectively drained.
3.05 USE OF EXPLOSIVES
A. Explosives may not be used on the Project.
3,06 TOPSOIL
A. Strip topsoil from areas to be disturbed to a depth of 8 inches and stockpile separate
from other excavated material. Locate topsoil so that the material can be used
readily for the finished grading. Protect and maintain topsoil until needed. Place
topsoil after completion of work in accordance with Section, Lawns and Grasses.
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B. Perform stripping with wide track dozer or other appropriate equipment to minimize
disturbance to subgrade soils. Do not use rubber -tired equipment.
3.07 SITE GRADING
A. Proofroll exposed soils following topsoil stripping with a partially loaded tandem axle
dump truck to identify unsuitable subgrade areas as determined by the Engineer.
Unsuitable areas will be repaired in place or undercut to firm soils as directed by the
Engineer. Payment for in place repair or undercutting and backfilling of unsuitable
areas shall be as indicated in the Measurement and Payment paragraph.
B. Perform undercutting of unsuitable soils with a backhoe top loading dump truck or
similar equipment approved for the use by the Engineer. Backfill undercut areas
immediately.
C. In undercut areas where the exposed soils may be wet and compaction of the initial
fill may be difficult, a bridge lift of about 18 to 24 inches may be allowed at the
direction of the Engineer.
D. In -Place repair shall consist of discing and recompaction of existing soils to a depth
of approximately 12 inches.
E. At the direction of the Engineer provide a structural fabric for stabilization of
unsuitable soil areas, Install fabric in accordance with the manufacturer's
recommendation and the following minimum requirements,
1. Provide a fabric overlap of 24 inches.
2. Back dump and spread aggregate over fabric at the aggregate specified
thickness.
3. Compact aggregate with vibratory roller prior to allowing additional construction
traffic.
F. Site grading shall be unclassified except as specifically indicated otherwise. Perform
grading within the limits of the Project. Finished surface shall conform to the grades
and cross sections indicated on the Drawings and be uniformly sloped for a positive
drainage away from structures.
G. Excavate rock encountered in cut sections to a depth of 6 inches below finished
subgrade and backfill with satisfactory material.
H. Scarify the existing subgrade surface to a minimum depth of 6 inches and
recompact if subgrade density is fess than the degree of compaction for the
proposed fill material. Plow or bench existing ground surfaces steeper than one
vertical to four horizontal in such a manner that the fill material will bond with or be
keyed to the existing surface. Use compaction equipment suitable for the soil being
compacted. Moisten or aerate material as necessary to obtain the optimum moisture
content within plus or minus one percent to obtain specified compaction.
Soils used for fill and backfill shall be satisfactory soils classified SP, SM, or SW in
accordance with ASTM D2487. Dry or wet soil as necessary to maintain optimum
moisture,
Place backfill and fill material in accordance with the following:
1. Maximum uniform loose lifts: 8 inches
2. Optimum moisture content: 11 - 14 percent
3. Percent compaction at optimum moisture content:
a. From ex. grade to within one (1) foot of struc. subgrade: 95
b. Final foot to subgrade under floor slabs and pavements: 98
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c. Under sidewalks and grass areas: 90
K. Approved compacted subgrade that is disturbed by construction or adverse weather
shall be scarified and re -compacted as specified previously. Re -compaction over
utilities shall be by hand tamping.
3.08 FILL AND BACKFILL
A. Place and compact fill and backfill material adjacent to structures in a manner that
prevents wedging and eccentric loading on or against structures. Do not use
equipment adjacent to structures that may overload structure, Backfill against
structure only after concrete has attained the specified 28-day compressive
strength.
B. Stone Base: Structures shall have a compacted crushed stone subgrade to the
depth of 12 inches, except the Control Building, which shall have a stone subgrade
of 6 inches.
3.09 EXCAVATION FOR STRUCTURES
A. Provide shoring or side slopes of excavations as necessary to protect workmen, and
existing and new structures. Use, install, and remove shoring in accordance with
State and Federal OSHA regulations.
B. Furnish, erect, and maintain required guardrails at exposed boundaries of
excavation.
C. Perform excavation for utilities in accordance with Section, Trenching for Utilities.
Install utilities to a minimum distance of five (5) feet beyond the face of the structure.
D. Make excavation to the dimensions and elevations for the structures as indicated on
the Drawings. Extend excavation a sufficient distance from walls and footings to
allow for placing and removal of forms.
E. Remove unsatisfactory material below required grade and replace with select
backfill material as directed by Engineer.
F. Excavation carried below the depths indicated, without specific directions, shall be
backfilled and compacted as specified herein to the proper grade. In excavations for
footings the concrete shall be extended to the bottom of the over excavation. Work
caused by over excavation shall be at the Contractor's expense.
G. The upper 9-inches of the subgrade after excavating for each structure should be
compacted in place to at least 95% standard Proctor maximum dry density, The
subgrade should be proof -rolled using a vibratory roller weighing a minimum of 10
tons (static load) until settlement from the last four complete passes does not
exceed 1/8 inch. Any soft, unsuitable or unacceptable soils encountered in the
subgrade should be replaced with structural fill placed and compacted to 95% of the
standard Proctor maximum dry density.
3.10 ROCK EXCAVATION
A. Notify Engineer immediately in the event that rock is encountered when the Contract
requires payment by the unit price.
3.11 BORROW MATERIAL
A. Provide borrow material required for fill and backfill to bring the site to the elevations
indicated on the Drawings. Borrow material shall be subject to the approval of the
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Engineer. Notify Engineer as to the site selected for inspection and approval prior to
transporting borrow material to the site,
B. Obtain erosion control permit as necessary for borrow pit grading operations.
C. Provide soil analysis for each type of material from proposed borrow pit(s) for
Engineer's approval prior to placing borrow material. Contractor shall do necessary
work to bring the borrow material to within plus or minus 1-1/2 percent of the
optimum moisture content. A minimum of one sample per structure shall be
obtained for analysis.
3.12 MAINTENANCE AND STABILITY
A, Maintain fills and embankments to the grade and cross section indicated on the
Drawings until the final completion and acceptance of the Project. Repair areas that
are damaged.
3.13 DISPOSAL OF SURPLUS MATERIAL
A. Dispose of surplus material not required or unsuitable for filling, backfilling, or
grading in an approved spoil area in accordance with local ordinances.
B. Obtain erosion control permit as necessary for disposal site(s).
3.14 SOIL TESTING
A. Provide the services of a soil -testing firm as specified in Section, Quality Control.
B. Submit test reports and soil specialist daily logs in accordance with Section, Quality
Control.
END OF SECTION
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SECTION 02315
TRENCHING FOR UTILITIES
PART 1 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 mre,
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
2, Section 02370
3. Section 02530
4. Section 02920
Clearing and Grubbing
Erosion Control
Sanitary Sewer System
Lawns and Grasses
1.03 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.
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02315-1 Trenching for Utilities

1.04 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 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
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.
Trenching for Utilities 02315-2

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 01586 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,
1.05 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.
2, Test Reports: Submit for the following:
a. Moisture -density relations of soils,
b. Field moisture content.
c. Soil classification.
d. In -place field density.
PART 2 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:
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02315-3 Trenching for Utilities

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.
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.
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 1926P.
3.02 PROTECTION OF UNDERGROUND FACILITIES
A. 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.
B. Investigate underground facility locations prior to the start of construction.
C. Repair damage to existing facilities at no additional cost to the Owner.
D. 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.
E. Separation distances shall be in accordance with utilities requirements.
3.03 CONSTRUCTION STAKING
A. 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.
B. 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
Trenching for Utilities 02315-4

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,
3,06 USE OF EXPLOSIVES
A. Explosives may not be used on the Project.
3.t7 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.
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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.
J Correct unstable soil conditions encountered at trench foundation by the following
method:
1. Excavate below grade as approved by Engineer and backfill with Class I
material or approved substitute material at unit price bid or the cost to be
included in pipe unit bid 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 arid 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.
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.
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.
Trenching for Utilities 02315-6

d. Take care during placement and compacting of material to avoid
movement of pipe.
2. Place backfill in bedding and haunching zones in 66 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. 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, II, 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.
b. Gravity Sewer Lines, Flexible (PVC SDR 35)
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 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.
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.
c. Roads (including Rights -of -way), drives, parking areas (including areas
within 20 feet), and adjacent to existing utilities: Backfill in 6 inch Iifts
compact to 95 percent.
d. Within 20 feet of foundations: Backfill in 6-inch lifts compacted to 95
percent.
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 PAVEMENT PATCHING
A. Repair damaged pavement structure.
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02315-7 Trenching for Utilities

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. 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.
G. 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.
H. Pavement patching shall include the cost to adjust existing and new manhole and
valve boxes to finished pavement elevations.
3.10 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
Trenching for Utilities 02315-8

SECTION 02370
EROSION CONTROL
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Contractor shall provide erosion control work. Work shall include, but not be limited
to, the following::
1, Erosion control at project site.
2. Erosion control at borrows 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,
S. 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,.
PART 2 PRODUCTS
2.01 MATERIALS
A. Matting / Erosion Control Fabric (ECF): Matting and ECF shall be heavy jute mesh
over mulch held in place by staples. Commercially available ECFs may be used
upon approval of the engineer. Approval of fabrics will require manufacturer's design
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02370-1 Erosion Control

data regarding velocity, 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. 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 o 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 wilt 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.
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.
Erosion Control 02370-2

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,
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.
The self -inspection forms and information regarding this program are available
at the following website: http://portaLncdenr.orgAvebilrierosion
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
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02370-3 Erosion Control

SECTION 02445
BORE AND JACK OF CONDUITS
PART 1 GENERAL
1.01 SCOPE
A. Provide, complete in place, carrier pipe installed within steel encasement pipe under
roads 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 SUBMIT PALS
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, City of Claremont
B. Work shall conform to the requirements and be subject to the approval of the above
agency.
PART 2 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.
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02445-1 Bore & Jack of Conduits

N.C. Department of Transportation
Pipe Size (0.D.-inches) Wall Thickness (inches)
4 - 12-3/4 0.188
16 — 24 0.250
30 0,312
B. Carrier Pipe: Carrier pipe shallbe of the type, size, and joints as indicated on the
Drawings and specified in Section, Water Distribution System and 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.
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.
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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. lf, 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.
3.02 CARRIER PIPE
A. Install carrier pipe in the encasement pipe using manufactured pipe supports.
Supports shall prevent movement of the carrier pipe within the encasement. Space
supports as specified.
END OF SECTION
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02445-3 Bore & Jack of Conduits

SECTION 02530
SANITARY SEWER SYSTEM
PART 1 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. C443 Flexible Watertight Joints for Precast Manhole Sections
c. C478 Precast Reinforced Concrete Manhole Sections
d. C890 Minimum Structural Design Loading for Monolithic or Sectional
Precast Concrete Water and Wastewater Structures
e. C923 Resilient Connectors Between Reinforced Concrete Manhole
Structures, Pipes and Laterals
f. C1244 Test Method for Concrete Sewer Manholes by the Negative Air
Pressure
g. D1248 Polyethylene Plastics Molding and Extrusion Materials
h. D1784 Rigid Poly(Vinyl Chloride) (PVC) Compounds and Chlorinated
Poly(Vinyl Chloride) (CPVC) Compounds
1. D2241 Poly(Vinyl Chloride) (PVC) Pressure Rated Pipe (SDR Series)
j. D 2321 Recommended Practice for Underground Installation of Flexible
Thermoplastic Sewer Pipe
k. D2680 Acrylonitrile-Butadiene-Styrene (ABS) and Poly(Vinyl Chloride)
(PVC) Composite Sewer Pipe
I. D3034 Type PSM Poly(Vinyl Chloride) (PVC) Sewer Pipe and Fittings
m. D3139 Joints for Plastic Pressure Pipes Using Flexible Elastomeric Seals
n. D3350 Polyethylene Plastics Pipe and Fittings Materials
o. F477 Elastomeric Seals (Gaskets) for Joining Plastic Pipe
p. F794 Poly(Vinyl Chloride) (PVC) Profile Gravity Sewer Pipe and Fittings
Based on Controlled Inside Diameter
2. American Water Works Association (AWWA)
a. C104 C105 Polyethylene Encasement for Ductile -Iron Piping for Water
and Other Liquids
b. C110 Ductile -Iron and Gray -Iron Fittings, 3 inch through 48 inch, for
Water and Other Liquids
c. C115 Flanged Ductile -Iron Pipe with Threaded Flanges
d. C151 Ductile -Iron Pipe, Centrifugally Cast in Metal Molds or Sand -Lined
Molds, for Water or Other Liquids
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e. 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 35
ii) Schedule 40, drain, waste, and vent (DWV) pipe
iii) Composite (Truss)
iv) Ribbed
b. Pre -cast concrete manholes
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 35
b. Pre -cast Concrete Manholes and the following appurtenances:
1) Manhole steps
2) Pipe connectors
3) Joint material
4) Castings
3. Reports:
a. Field test report for each section of pipe for the folios ing:
1) Low-pressure air test for gravity mains.
2) Vacuum test for manholes,
4, Operation and Maintenance Instructions: Submit complete operation and
maintenance manual for the following:
a. Valves.
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.
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02530-2 Sanitary Sewer Syste

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.
PART 2 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 150 psi.
3. Interior of pipes and fitting shall be Protect° 401 lined per Section, Sanitary
Sewer Pipe Liner.
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.
3. Encase pipe in polyethylene conforming to AWWA C105.
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. Ductile iron pipe on piers shall have Mech-LokTM rigid restrained joint by Griffin Pipe
Products Co. or approved substitute. Provide necessary expansion couplings as
recommended by Pipe Manufacturer and approved by Engineer.
E. 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 1 type as the pipe supplied from the pipe
manufacturer.
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02530-3 Sanitary Sewer System

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.
2.02 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 hunching
requirements.
6. SDR 35: PVC SDR 35 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 35.
2. Nominal pipe length shall be a minimum of 13 feet.
2.03 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.
c. Coatings: The interior of the Precast Structure wall shall be coated with 21
mils of Coal Tar Epoxy, Kop-Coat Bitumastic No. 300-M or equal. The
coating shall be spray applied according to the manufacturer's
recommendations by an applicator with a minimum of 5 years experience.
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.
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02530-4 Sanitary Sewer System

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.
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.
2.04 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
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02530-5 Sanitary Sewer System

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 solid cover.
6. Provide cover with two 1-inch perforated holes unless noted as watertight on
the Drawings.
7. 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.
PART 3 EXECUTION
3,01 GENERAL
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.
3.02 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.
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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.
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
2. For laying restrained joint pipe in a vertical or horizontal curve, except for
horizontal directional drills (HDD), each full length pipe may be deflected by the
following offset distance:
a. 6 to 12-inch pipe: 11-inch offset
b. 16 to 20-inch pipe: 7-inch offset
c. 24 to 30-inch pipe: 5-inch offset
d. 36-inch pipe: 4-inch offset
e. 42 to 48-inch pipe: 1 1/4 -inch offset
3,05 PVC PRESSURE PIPE
A. Install PVC C900 pipe in conformance with AWWA C605,
B. Solvent Weld: Where indicated in these specifications or on the plans, solvent weld
type joints shall be used. Field cut ends shall be sanded to roughing the surface,
Joints shall be cleaned of foreign material, Solvent shall be applied to the joint and
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02530-7 Sanitary Sewer System

joint made as recommended by the manufacturer, Excess solvent shall be wiped off.
The joint should not be moved until sufficiently set up.
C. Bell and Spigot Joints: Clean bell and spigot ends prior to jointing. Ends of field cut
pipe shall be beveled with file. Gasket shall be clean and lightly lubricated, Joint
shall be made as recommended by the manufacturer.
3.06 POLYETHYLENE GRAVITY SEWER PIPE
A. Install polyethylene gravity sewer pipe in accordance with the above gravity sewer
general requirements and in accordance with ASTM D2321.
3.07 VALVES AND FITTINGS
A. Install buried valves on top of an 18-inch square, 3-inch thick, solid concrete pad
(minimum dimensions). The concrete pad may be provided by a pre -cast
manufacturer or cast -in -place in the field above grade. Concrete used for the pads
shall be a minimum 3,000 psi mix. The pads may not be cast -in -place in the pipe
trench. Connection to pipe shall be such that there shall be no stress at the joint
caused by misalignment or inadequate support of pipe or valve.
B. Install fittings as recommended by the manufacturer. Fittings shall be blocked or
otherwise restrained from movement.
C. Valve Boxes: Set valve boxes flush with finished grade. Box shall be supported so
that no stress shall be transmitted to the valve, Operating nut shall be centered in
box.
D. Install valves, gates, and accessories indicated on the Drawings and in complete
accordance with the manufacturer's recommendations.
E. Valve boxes shall be set straight with the operating nut centered and supported on
(2) 4°' concrete blocks, to prevent load transfer onto valve body or pipe line. Set top
of box at finished grade. Provide a 24-inch x 24-inch wide by 6-inch thick concrete
pad at top of valve boxes outside paved areas.
3.08 AIR VALVES
A. Main shall be drilled for a two inch connection.
B. Valve shall be installed on the main line with a service saddle.
C. Install air valve in a flat top manhole.
3.09 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 0-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.
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02530-8 Sanitary Sewer System

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.
3.10 SEWER CLEANOUTS
A. Sewer cleanouts connected to ductile iron pipe shall also be ductile iron sewer pipe
conforming to these specifications.
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 cap. Installation shall be
in accordance with the details as shown on the Drawings.
3.11 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.
3.12 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.
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02530-9 Sanitary Sewer System

C. Above ground piping and piping within vaults shall be painted in accordance with
Section, Painting.
3.13 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.
7. Retest repaired sections until acceptance.
8. Repair visible leaks regardless of the test results.
B. Pressure Mains
1. The Engineer shall approve the source, quality, and method of disposal of
water to be used in test procedures.
2. Obtain Owner's permission 48 hours prior to filling or flushing of pipe system
with water from Owner's water system. Owner shall operate valves connected
to the existing water system. Keep pipe interior clean during construction to
minimize the amount of water required for flushing. Where large quantities of
water may be required for flushing, Engineer reserves the right to require that
flushing be done at periods of low demand.
3 Pressure test in accordance with AWWA C600 for ductile iron pipe and AWWA
C605 and M23 for PVC pipe and the following.
4. Make pressure tests between valves. Furnish suitable test plugs where line
ends in "free flow."
5. Provide air vents at the high points in the line section to be tested for releasing
of air during filling. Service corporation stops may be used for air vent when
located at a high point. Include cost of air vents in price of testing. Leave
corporation stops in place after testing and note locations on As -Built Drawings.
6. Allow concrete blocking to reach design strength prior to pressure testing.
7. Force main shall be completely filled with water, all air expelled from the pipe,
and the discharge end of the pipeline shall be plugged and adequately blocked
before hydrostatic test begins.
8, Upon completing a section of pipe between valves, test pipe by maintaining for
a two hour period the following hydrostatic pressure for each main:
a. Force main: psig
9. Test pressure shall not vary by more than +1- 5 psi for the duration of the test.
10. No length of line shall be accepted if the leakage is greater than that
determined by the following formula based on the appropriate test pressure:
L = Allowable leakage per 1,000 feet of pipe in gallons per hour.
D = Nominal diameter of the pipe in inches.
100 psi: L = D x 0.07
150 psi: L D x 0.08
200 psi; L = D x 0.09
250 psi: L = D x 0.10
C. Gravity Sewer Mains
1. Test gravity lines between manholes.
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02530-10 Sanitary Sewer System

2. Light Testing; Engineer will check for displacement of pipe as follows:
a. A light 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 4./-
0.04 psi.
5) Monitoring gauges shall be subject to calibration as deemed
necessary.
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.
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02530-11 Sanitary Sewer System

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 piped 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.
Deflection Test for SDR 35 and Ribbed (ASTM F 949) PVC pipe.
a. Measure for deflection of pipe no sooner than thirty days after installation
and backfll.
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.
6. Hydrostatic Test for Gravity Sewers
a. The source, quality, and method of disposal of water to be used in test
procedures shall be approved by the Engineer.
b. Obtain Owner's permission 48 hours prior to filling or flushing of pipe
system with water from Owner's water system. Owner of water system
shall operate valves connected to the existing water system,
c. Air test Tine, as described above, prior to hydrostatic testing.
d. Provide taps for filling and pressurizing the line. Service corporation stops
may be used. Include cost of taps in price of testing. Leave corporation
stops in place after testing and note locations on As -Built Drawings.
e. Suitable means for thrust restraint shall be installed for testing.
f. Test for each manhole reach.
g. Test pipe by maintaining for a two-hour period a hydrostatic pressure of
150 psig.
h. Test pressure shall not vary by more than +1- 5 psi for the duration of the
test.
i Pressure test in accordance with AWWA C600 for ductile iron pipe and as
described above.
j. Hydrostatic testing for gravity sewers within 100 feet of a water supply well
shall be paid for as described in Section, Basis for Payment.
D. 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.
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02530-12 Sanitary Sewer System

Draw vacuum of 10 inches of mercury on manhole. Shut off the vacuum pump
and close valve on vacuum line.
Measure time for vacuum to drop to 9 inches of mercury, Manhole shall pass if
e meets or exceeds the following.
Manhole 1. . l inches) 48 60 72 84 96 120
Seconds 60 75 90 105 120 150
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 CTIO
2974-K: /6/2016 02 0-13anitar Sewer yste

TABLE 1
LOW PRESSURE AIR TESTING
FOR
GRAVITY SEWER MAINS
MINIMUM TIME REQUIRED FOR A MAXIMUM 1.0 PSIG PRESSURE DROP
FOR SIZE AND LENGTH OF PIPE INDICATED
1 2 3 4
Pipe Minimum Length Time for
Diamet Time for Longer
er (in.) (min:sec) Minimum Length
Time (sec)
5
Specification Time for Length (L) Shown
(min:sec)
3:46
6 5:40
8. 7:34
1. 9:26
12
._.. ..� 11:20
597 ,350
398 .854 L
298 1.520 L
239 . _ 2.374 L
199 3.418 L
5 14::10 159 5.324 L
18 17:00
21 19:50
24 22:40
27 25:30
30 28:20
33 31:10
133 7.692 L
114 10.470 L
99 13.674 L
36 34:00
100 ft 150 ft 200
46 3:46
:46
5:40 5:40 5:40
7:34 7:34 7:34
250 ft 300 ft 350 ft 400 ft 450
9:26 9:26 9:26
11:20 11:20 11:24
14:10 14:10 17:48
17:00 19:13 25:38
19:50 26:10 34:54
7.306 L
80 21.366L
72 25.852
22:47 34:11 45:34
28:51 43:16 57:41
7 53:25 71:13
3:46
5:40 5:40
7:36 7:36
9:53 11:52
46
3:46 3:46 3:46 •
5:40 5:42 6:24
8:52 10:08 11:24
13:51 15:49 17:48
4:15 17:05 19:56 22:47 25:38
22:15 26:42 31:09 35:36 40:04
32:03 38:27 44:52 51:16 57:41
43:37 52:21 61:00 69:48 78:31
56:58 68:22 79:46 a 91:10 1024
72:07 86:32 100:5 115:2 129:4
7 2
89:02 106:5 124:3 142:2
0 8
43:05 64:38 86:10
66 30,768 L
:17 76:55 102:3
4
6
107:4 129:1 150:4 172:2
3 6 3_
128:1 153:5 179:2 205:0
2 0 9 7
8
160:1
5
193:5
230:4
This Table is from UNI-B-6-90. The table is based on a Q (allowable air Toss rate in test section) = 0.0015 cubic feet / minute / square feet,
To shorten required test time a maximum pressure drop of 0.5 psig may be used and time requirements reduced by half.

SECTION 02532
SANITARY SEWER PIPE LINER
PART 1 GENERAL
1.01 SECTION INCLUDES
A. Work under this section includes, but is not limited to, liner system(s) for sanitary
sewer pipe.
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 02530 Sanitary Sewer System
1.03 REFERENCES
A. Publications are referred to in the text by basic designation only.
1. American Society for Testing and Materials (ASTM)
a. B117 Operating Salt Spray (Fog) Apparatus
b. C2794 Resistance of Organic Coatings to the Effects of Rapid
Deformation (Impact)
c. D714 Evaluating Degree of Blistering of Paints
d. D4060 Abrasion Resistance of Organic Coatings by the Taber Abraser
e. D4541 Pull -Off Strength of Coatings Using Portable Adhesion Testers
f. D4258 Surface Cleaning Concrete for Coating
g. D4259 Abrading Concrete
h. E96 Water Vapor Transmission of Materials
i. G95 Cathodic Disbondment Test of Pipeline Coatings
1,04 SUBMITTALS
A. Submit the following in accordance with Section 01330, 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. Protecto 401 Ductile Iron Pipe Liner
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. Protecto 401 Ductile Iron Pipe Liner
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 or fittings with liner.
B. Deliver pipe with liner 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,
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02532-1 Sanitary Sewer Pipe Liner

C. Any damage which does occur shall be repaired prior to the installation of the pipe
in accordance with the manufacturer's recommendations, so the repair area is equal
to the undamaged lining in all respects.
PART 2 PRODUCTS
2.01 PROTECTO 401 DUCTILE IRON PIPE LINER
A. General
1. The interior wall of ductile iron sewer pipe shall be protected by the Protecto 401
Ceramic Epoxy liner as indicated in Section 02530, Sanitary Sewer System.
2. The lining shall meet the manufacturer's recommendations and the following
requirements as a minimum.
3. The liner manufacturer shall have a minimum of ten (10) years of successful
experience and be able to demonstrate successful performance on comparable
projects.
B. Lining Material
1. The material shall be an amine cured novalac epoxy containing at least 20% by
volume of ceramic quartz pigment.
2. Permeability rating of 0,00 when tested according to Method A of ASTM E-96-
66, Procedure A with a test duration of 30 days.
3 The following tests must be run on coupons from factory lined ductile iron pipe:
a. ASTM B-117 Salt Spray (scribed panel) — Results to equal 0.0 undercutting
after two years.
b. ASTM G-95 Cathodic Disbondment 1.5 volts @ 77°F. Results to equal no
more than 0.5mm undercutting after 30 days.
c. Immersion testing rated on using ASTM D-714-87.
1) 20% Sulfuric Acid — No effect after two years.
2) 140°F 25% Sodium Hydroxide — No affect after two years.
3) 160°F Distilled Water — No effect after two years,
4) 120°F Tap Water (scribed panel) — 0.0 undercutting after two years
with no effect.
d. An abrasion resistance of no more than 3 mils (0.075mm) loss after one
million cycles using European Standard EN 598: 1994 section 7.8 Abrasion
resistance,
PART 3 EXECUTION
3.01 GENERAL
A. The lining compound shall be applied by a competent firm with a five (5) year history
of lining ductile iron sewer pipe.
1. The workmen employed by the applicator shall be experienced and competent
in the application and inspection of the lining compound to be applied.
2. The firm shall be financially responsible, having a net worth of at least the
amount of the contract.
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02532-2 Sanitary Sewer Pipe Liner

3.02 PROTECTO 401 DUCTILE IRON PIPE LINER
A. Application
1. The entire surface shall be inspected prior to receiving protective compound to
ensure that no oil, grease, etc. exists on the surface, If any surface contains any
of these items shall be solvent cleaned to remove said substances.
2. Once free of any oil, grease, etc., all surfaces shall be abrasive blasted using
sand or grit abrasive media. No rust shall be present on surface at the time of
application.
3 After surface preparation, the pipe interior shall receive 40 mils nominal dry film
thickness of Protecto 401.
4. No lining shall take place when the substrate or ambient temperature is below
40°F.
5. The surface must be dry and dust free during application,
6. Bell Sockets and Spigot Ends shall be coated with 6 mils nominal, 10 mils
maximum with Protecto Joint Compound 6 inches back from the end of the
spigot end.
7. The joint compound shall be applied by brush to ensure full coverage.
8. No excessive buildup shall be present in the gasket seat or on the spigot ends.
9. Coating of the gasket seat and spigot ends shall be done after the application of
the lining.
10. The number of coats shall be as recommended by the lining manufacturer.
11. No material shall be used for lining which is not indefinitely recoatable with itself
without roughening of the surface.
12. Provide touch up, as necessary, using Protecto Joint Compound per
manufacturer's recommendations.
B. Inspection and Certification
1. A magnetic film thickness gauge shall be used to confirm the thickness on all
ductile iron pipe and fittings. Thickness testing shall be done in accordance with
SSPC-PA-2 Film Thickness Rating.
2. The interior lining shall be tested using a non-destructive 2,500 volt test to check
for pinholes. Repair defects prior to shipment.
3, Each pipe joint and fitting shall be marked with the date of application of the
lining system along with its numerical sequence of application on that date and
records maintained by the applicator of his work. These records shall be made
available to the Engineer upon request.
4. The pipe/fitting manufacturer shall provide a certificate attesting that the
applicator meets the requirements of this specification, and that the material
used was as specified and applied as specified.
END OF SECTION
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02532-3 Sanitary Sewer Pipe Liner

SECTION 02700
PAVEMENT AND APPURTENANCES
PART 1 GENERAL
1.01 SCOPE
A. Provide pavement and asphalt drainage swale sections as indicated on the
Drawings and specified herein, Construction shall conform with the lines, grades,
thickness, and typical cross-section indicated on the Drawings.
B, Provide for the milling of the existing pavement to allow existing raised patched
areas to be smoothed and flush with existing pavement prior to skin patch and/or
overlay.
C. Seal and repair pavement as indicated on drawings.
D. Provide asphalt drainage swales alongside of road where previously installed.
E. Place asphalt reinforcement geotextile along center of roads to be resurfaced and
along center of road (Grouse Moor Road) where repairs are indicated,
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 02300 Earthwork
1.03 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 - Specifications for Roads and Structures
(NCDOT).
B. Paragraphs in the NCDOT standard regarding measurement and payment do not
apply to this Project.
1.04 SUBMITTALS
A. Submit the following in accordance with Section, Submittal Procedures:
1. Certificates of Compliance: Certificates shall attest that supplied products
conform to the referenced standard and this specification, 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. Asphalt Concrete
b. Aggregate Base Course
1.05 PROTECTION OF EXISTING PAVEMENT, CURB AND GU 1 1 ER, AND SIDEWALK
A. Protect existing pavement, driveways, culverts, streets and drainage swales during
construction.
B. Remove areas of existing pavement, driveways, and culverts damaged during
construction. Removal shall include to the nearest existing joint. Replace damaged
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02700-1 Pavements 8, Appurtenances

areas with pavement, concrete, asphalt drainage swale or drainage culvert to match
the existing section.
C. Remove areas of existing pavement damaged during construction. New pavement
patch shall consist of re -stabilizing the subgrade, and providing 8 inches of ABC and
2 inches of SF9.5A asphalt to match existing pavement surface.
D. Repair damage to existing pavement, curb and gutter, and sidewalks.
PART 2 PRODUCTS
2.01 MATERIALS AND MIXES
A. Asphalt Concrete Base Course - Type B-25.0B: Conforming to materials and
compositions required in NCDOT Section 610, Asphalt Concrete Plant Mix
Pavements,
B. Tack Coat: Conforming to materials and compositions required in NCDOT Section
605, Asphalt Tack Coat,
C. Asphalt Concrete Surface Course - Type SF9.5A: Conforming to materials and
composition required in NCDOT Section 610, Asphalt Concrete Plant Mix
Pavements.
D. Base Course: Aggregate base course shall comply with requirements of NCDOT
Section 520, Aggregate Base Course,
PART 3 EXECUTION
3.01 PREPARATION OF SUBGRADE
A. Refer to applicable portions of Section, Earthwork.
B. Compaction shall be to at least 95 percent maximum density Standard Proctor
Method,
C. Remove unsuitable material to a depth of one foot and replace with an approved
material. Loosen exceptionally hard spots and re -compact. Finish subgrade to
provide uniform bearing surface.
D. Maintain subgrade in satisfactory condition and properly drain until surface courses
are placed.
E. Preparation, shaping, and compaction shall be in accordance with NCDOT Section
500, Fine Grading Subgrade, Shoulders, and Ditches.
3.02 MILLING ASPHALT PAVEMENT
A. Milling of existing asphalt pavement shall be in accordance with applicable
paragraphs of NC DOT Section 612.
B. Milled asphalt shall be properly disposed by the Contractor.
C. Minimize heavy construction equipment traffic within areas of reduced pavement
sections.
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02700-2 Pavements & Appurtenances

3.03 AGGREGATE BASE COURSE
This applies to both the aggregate base course s indicated on the Drawings for
paved and unpaved roads.
B. The stone base shah be constructed in accordance with the applicable paragraphs
of NCDOT Section 520.
C Compacted base shall be of the thickness indicated on the Drawings.
3.04 ASPHALT CONCRETE BASE COURSE
A. Spreading, compaction, and finishing shallcomply with the require ent of NCDOT
Section 610, Asphalt Concrete Plant Mix Pavements.
B. Compacted thickness shall be no less than the thickness indicated on the Drawings.
.05 ASPHALT CONCRETE SURFACE COURSE
A. Spreading, compaction, and finishing shall comply with the requirements of NCDOT
Section 610 Asphalt Concrete Plant Mix Pavements.
B. Compacted thickness shall be s indicated on the drawings.
C. Joints shall be offset to not be above previous existing joints.
3.06 TACK COAT
A. Application rates, method of application, and curing shall be in accordance with the
requirements of NCDOT Section 605.
END OF SECTION
2974-K:5/1 /2016 027'00-3Pavements Appurtenances

SECTION 02920
LAWNS AND GRASSES
PART 1 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 PAYMENT PROCEDURES
A. Base bid for the work on the specified quantities of lime, fertilizer, and seed. After
the specified soil tests have been made, Engineer may vary specified quantities.
Should the actual quantities applied in the field vary appreciably from those
specified, an adjustment in the contract price may be made.
1.03 REFERENCES
A. N.C. Department of Agriculture - NCDA
B. U.S. Department of Agriculture - USDA
1.04 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.
1.05 SUBMITTALS
A. Not less than 6 weeks prior to seeding, obtain representative soil samples from
areas to be seeded and deliver the properly packaged samples with an information
sheet for each sample properly filled out to the Soils Division of the NC Department
of Agriculture or a private laboratory. Based on the test results, submit to the
Engineer a recommendation as to the quantity and type of lime, fertilizer and seed
for the area covered by the test.
1.06 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.
2974-K 5/6/2016
02920-1 Lawns & Grasses

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.
1.07 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.
1.08 MAINTENANCE SERVICE
A. Maintain seeded areas until grass is well established and exhibits a vigorous
growing condition for a minimum of two cuttings. Mow grass at regular intervals to a
maximum height of 3 inches. Hand clip where necessary.
B. Control growth of weeds. Apply herbicides in accordance with manufacturer's
instructions.
C. 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
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 specified above except that the Contractor may apply
water at his own discretion.
PART 2 PRODUCTS
2,01 MATERIALS
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 P205 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:
2974-K : 5/6/2016
02920-2 Lawns & Grasses

Temporary Seeding
Planting Dates Grass Type Pounds/Acre
Jan. 1 - May 1 Rye (Grain) 120
Korean Lespedeza 50
May 1 - Aug. 15 German Millet 40
or
Sudangrass 50
Aug.15 - Dec, 30 Rye (Grain) 120
Lime 3,000
Fertilizer 10-10-10 800
Mulch Straw 4,000
2. Permanent Seeding
Planting Dates Grass Type Pounds/Acre
Aug. 25 Sep. 15 Tall Fescue 80
Kobe Lespedeza 40
Feb. 1-Mar.21
Lime
Fertilizer
Mulch
4,000
10-10-10 1,000
Straw 4,000
E. Matting / Erosion Control Fabric (ECF): Matting and ECF shall be heavy jute mesh
over mulch held in place by staples. Commercially available ECFs may be used
upon approval of the engineer. Approval of fabrics will require manufacturer's design
data regarding velocity, 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
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.
2974-K : 5/6/2016 02920-3 Lawns & Grasses

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. Tess 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:
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 Ibs. 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.
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02920-4 Lawns & Grasses

3.06 PROTECTION
A. Protect seeded areas from damage by barricades, signs, and other appropriate
means. Maintain and protect slopes from weather damage.
END TIN
2-K : 5/6/2016 22_ Lawns Grasses

Central Files: APS — SVVP
6/15/2016
Permit Number WQ0038503 Permit Tracking Slip
Program Category Status Project Type
Non -discharge In review New Project
Permit Type
Gravity Sewer Extension, Pump Stations, & Pressure Sewer Extensions
Primary Reviewer
james.bealle
Coastal SWRuIe
Permitted Flow
1,000
Version
A
Permit Classification
Individual
Permit Contact Affiliation
Facility Name
Sanitary Sewer Extension to Serve Substance Industrial Site
Location Address
Owner
Major/Minor Region
Minor Mooresville
County
Catawba
Facility Contact Affiliation
Owner Name
City of Claremont
Dates/Events
Owner Type
Government - Municipal
Owner Affiliation
Catherine Renbarger
City Manager
PO Box 446
Claremont
NC 28610
Orig issue
6/16/2016
App Received Draft Initiated
5/27/2016
Regulated Activities
Scheduled
Issuance Pubil Notice Issue Effective Expiration
6/16/2016 6/16/2016
Industrial and commercial machinery manu
Office
Wastewater collection
Outfal,
Requested /Received Events
Additional information requested
Additional information received
Waterbody Name
Streamindex Number Current Class
Subbasin

NRINVM Y# 'VArM, IVO'IKD 901*I 'InclINVl V SER111"ON4 ,LNti,,1i,30;:10 1 SIEl.w JO NOVfl 511AI'2EldVd .,1NISDVd21 ATIV011101A , 0 0' iNI8d Sl i .,.. ilOOO

PAT MCCRORY
r Resources
NTAL QUALITY
December 8, 2016
Catherine Renbarger, City Manager
City of Claremont
PO Box 446
Claremont, NC 28610
SUBJECT: Final Engineering Certification Acknowledgement
Substance Industrial Site
Permit No. WQ0038503
Permitee: City of Claremont
County: Catawba
Dear Ms, Renbarger:
DONAIJD R. VAN DER VAART
S. JAY ZIMMERMAN
DI +raw -
The Division of Water Resource's Mooresville Regional Office received the final engineering
certification with record drawings for the subject sewer extension project on 12/5/2016.. Enclosed
is a certification page for your records. A full review of the certification materials may or may not
be conducted. It is assumed that receipt of this certification indicates compliance with all
regulations, design criteria and the permit. However, if a full technical review is conducted, you
will be notified of any items of non-compliance.
Please be reminded that the Permittee is responsible for keeping a copy of the final record drawings
for the life of the project. If you have not received such copy from your consultant, please contact
them immediately to obtain a copy.
Lastly, you are receiving this letter because the Division has you listed as the responsible party. If
this permitted system is no longer owned by you or your company, please complete Form PNOCF
since the permit is not automatically transferable. Form PNOCF can be downloaded from
ht Ir` ortal.ncdenr.or web/vv /sw / s/cs/ noc from the Collection Systems Applications page.
Should you have any questions, please do not hesitate to contact Ori Tuvia at [phone], or at
ori.tuviacdenr.gov.
Sincerely,
Ori Tuvia, Environmental Engineer
Mooresville Regional Office
Division of Water Resources, DEQ
cc: Mr. Slade Harvin P.E. (E-copy)
Central Files
MRO
State of North Carolina I Fta iramental Quality I Water Resumes
610 E. Center Avenue, Suite 301, Miooresville, NC 28115
Phone: [phone] h interact reofei ecor: fin" ,

FAST1 Ai i Si"tiAIER bNGINEf llhiGi t RT1FI+ ATION
FERMI rrEE: City of Claremont
PERMIT fir WQ0038503
PROJECT: Sanitary Sewer Extension to Serve Substance industrial Site
issue DATE: June 16, 2416
This project shall not be considered complete nor allowed to operate In accordance with Cronditlon 7 of this permit
until the Qlvlsion has received this Certification and a8 required supporting documentation. It should be
submitted in a manner that documents the DIvision.'s receipt, Send the required documentation to the Regional
Supervisor, Water Quality Regional Operations Section located at the address noted in the page Tooter.
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 Permlttee is responsible for tracking all partial certifications up until a final certification
is received, A Final Certification sbill be a complete set of record drawings and design calculations regardless of
whether partials have been submitted,
PERM 5
tloe undersigned agent for the Permlttee, hereby state that this pr+o, act has been c onstructetl pursuant to the
applicable standards & requirements, the Profesabnal below has provided applicable
design/construction Information to the Permittee, end the Permittee is prepared to operate & maintain the
collection system permitted herein or portions
1 /.5/7.-D 10.
Date
£ER'S WI! CATI
$ as a duly registered Professional Erfrreer In the State of North Carolina, having
authorized to observe periodically, weekly, © full time) tine construction of the project name and
s referenced above for the above Permittee hereby state that, tow 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
substantial compliance of this permit,1SA NCAC 02T; the Division of Water Resources' (Division) Gravity
nimum Resign Criteria adopted February 12,1996 as applicable; the Division's Minimum Design Criteria
Fast -Track Permitting of Purnp Stations and Force Mains adopted June 1, 2000 as applicable; and other
supporting materials.
North Carolina Professional Engineer's Seal w/sIgnature & date:
Final 0 Partial. (Include desaiptian)
Certification Comments/Qualifiers (attach if necessary):
Mit3 of No,th Cardin. f en
WorraNrlle Rr;do+ul orRao 1610

Downstream Sewer Acceptance Calculations
Project;
Project No
Date,
Project Description;
ub
E
Locati�
Ghent:
Downstream 8' Gravity Sewer
olve for Q; fEx. 6-inch Pine 90Wir!
Manr)inq"s Equation:
Q= 0,5`f(4s)!nj"(Di16) '
S (Slope of Pipe) =
n (Roughness Coefficient PVC)
0 (Pipe Diameter) (in) =
Flow Area (A) =
Wetted Perimeter (Pw)
Hydraulic Radius (Rn)
0,80%, min,
0,009
8 in.
0.17 f
1.05 ft
0,17 ft.
farm
ttfili�i
Slope of Existing Gravity Sewer Line
Projected Sewer
n Sy: ,ASH
ed By ASH
gpolsirift
8 lroursishift
2.08 gpm
Q = 0,763 tt'tsec Flow that can be conveyed by existing 8-inch pipe when half -full
351,3 gprn
Tice addition of 2.08 gpm at peak and future build -out should be accommodated by existing sewer.

PAT MCCRORY
'DONAI..,D R. VAN DER. VAART
S. JAY ZIMMERMAN
Water Resources;
ENVWONME„NIT AL OUP.UTY
As built check list (reference 2T .0300)
Reviewed By: Ori Tuvia
Review Date: 12/8/16
Project Name: Substance industrial park
WQ#: WQ0038503
1) As -built has been signed, sealed, and dated by an N.C. PE Yes E No
2) Adequate information related to sewer lines :
Note that per the 2T and MDC, there is a minimum 8" for public gravity or minimum 6" for
private gravity, Three (3) feet minimum cover shall be provided for all sewers unless ferrous
material pipe is specified. Manholes shall be installed: at the end of each line, at all changes in
grade, size, or alignment, at all intersections, and at distances not greater than 425 feet, minimum
diameter of manholes shall be 4 feet (48 inches). Yes "jr-1 No L N/A
3) Adequate information related to pump stations:
Ensure power reliability option is selected (15A NCAC 02T.0305(h)). —1 Yes 1— No N/A
4) Is Project design Os in accordance with (see section 13,13 of FTA 12-12)
15A NCAC 02T Gravity Sewer Minimum Design Criteria (latest version) Minimum Design
Criteria for Permitting of Pump Stations and Force Mains (latest version). n Yes [1 No
If no, a variance approval is required per the requirements of 15A NCAC 02T.0105(b)
I Applicant must submit TWO copies of the plans, specifications, and calculations
Contact the Central Office to discuss the variance request to determine a course of action.
The central office will review the variance request, and if approvable, specific language
regarding the variance will be forwarded to the Regional Office reviewer to incorporate into the
permit. A copy of the variance letter (or email correspondence) should be kept with the
application file.
5) Project contains high priority lines (I5A NCAC 02T .0402(2)) E Yes No
If Yes, insure that the permit contains the necessary condition related to high priority lines 1 SA
NCAC 02T.0403 (a)(5)
6) Is the Sewer As -built length within 10% of the fast track applied Length?
( I Original length of pipe — As built length I / Original length) < 10%. Yes
If no application need to be modified
No
State of North Carolina Environmental Quality I Water ResourcesiWater Quality Regional Operations
Mooresville Regional Office I 610 East Center Avenue, Suite 3011Mooresville, North Carolina 28(15
704 663 1699