NC0021717_Authorization to Construct_20180622 (6)

cubic
design group Pc
SPECIFICATIONS
(FINAL SPECIFICATIONS -FOR REVIEW PURPOSES ONLY -NOT RELEASED FOR CONSTRUCTION)
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100'-0" Diameter Clarifier Addition
Wastewater Treatment Plant
Town of Wilkesboro, NC
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June 20, 2018
Firm License No. C-1122
P.O. Drawer 1989 ! 1503 West D Street 0 North Wilkesboro, NC 28659 [ p. 336.667.4241 0 f. 336.667.5660 0 www.cubicdesigngroup.com

TABLE OF CONTENTS
CLARIFIER ADDITION
TOWN OF WILKESBORO
Standard General Conditions.................................................1-59
Special Conditions.........................................................1-11
Section 02112 — Earth Moving ................................................ 1-8
Section 02113 — Trench Excavation and Backfill .................................. 1-7
Section 03310 — Cast -in -Place Concrete ........................................ 1-8
Section 05120 — Structural Steel Framing ....................................... 1-5
Section 13013 — Scum Handling Pump Station ................................... 1-5
Section 13020 — Plant Piping ................................................ 1-8
Section 13300 — Rapid Sludge Removal Clarifier ................................. 1-13
Section 16100 — Electrical -General Provisions ................................... 1-2
Geotechnical Engineering Report .................................... March 14, 2018
Terracon Consultants, Inc.

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
CONTRACT BETWEEN OWNER AND DESIGN -BUILDER
Prepared by
EJCDwomp—
C'4�"N�
ENGINEERS JOINT CONTRACT
DOCUMENTS COMMITTEE
Issued and Published Jointly by
ACEC
AMERICAN COUNCIL of ENGINEERING COMPANIES
Asa
AMERICAN SOCIETY OF CML ENGINEERS
National Society of
Professional Engineerse
These General Conditions have been prepared for use with one of the three Agreements between
Owner and Design -Builder (EJCDC° D-512, D-520, and D-525, 2016 Editions). Their provisions are
interrelated and a change in one may necessitate a change in the others. The comments and
instructions contained in the Guide to Use of EJCDC Design -Build Documents (EJCDC° D-001, 2016
Edition) are also carefully interrelated with the wording of these General Conditions.
EJCDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder.
Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.

Copyright © 2016:
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
The copyright for this document is owned jointly by the three sponsoring organizations listed above. The
National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents;
please direct all inquiries regarding EJCDC copyrights to NSPE.
NOTE: EJCDC publications may be purchased at www.eacdc.org, or from any of the sponsoring
organizations above.
EJCDC° D-700, Standard General Conditions of the Contract Between Owner and Design -Builder.
Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.

STANDARD GENERAL CONDITIONS OF THE
CONTRACT BETWEEN OWNER AND DESIGN -BUILDER
TABLE OF CONTENTS
Page
ARTICLE 1— DEFINITIONS AND TERMINOLOGY............................................................................................1
1.01
Defined Terms........................................................................................................................1
1.02
Terminology...........................................................................................................................6
ARTICLE 2 —
PRELIMINARY MATTERS............................................................................................................7
2.01
Delivery of Bonds and Evidence of Insurance........................................................................7
2.02
Copies of Documents.............................................................................................................
7
2.03
Conceptual Documents..........................................................................................................7
2.04
Before Starting the Work.......................................................................................................
8
2.05
Authorized Representatives...................................................................................................8
2.06
Initial Conference...................................................................................................................8
2.07
Review of Schedules...............................................................................................................
8
2.08
Electronic Transmittals...........................................................................................................9
ARTICLE 3 —
DOCUMENTS: INTENT, AMENDING, REUSE.............................................................................9
3.01
Contract Documents..............................................................................................................
9
3.02
Reference Standards............................................................................................................10
3.03
Resolving Discrepancies.......................................................................................................10
3.04
Ownership and Reuse of Documents...................................................................................10
ARTICLE 4 —
COMMENCEMENT AND PROGRESS OF THE WORK................................................................11
4.01
Commencement of Contract Times.....................................................................................11
4.02
Starting the Work.................................................................................................................11
4.03
Progress Schedule................................................................................................................11
4.04
Delays in Design -Builder's Progress.....................................................................................11
ARTICLE 5 —
SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL
CONDITIONS........................................................................................................................12
5.01
Availability of Lands.............................................................................................................12
5.02
Use of Site and Other Areas.................................................................................................13
5.03
Reference Points..................................................................................................................13
5.04
Differing Site Conditions......................................................................................................14
5.05
Underground Facilities.........................................................................................................14
EJCDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder.
Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page

5.06
Hazardous Environmental Conditions at Site.......................................................................16
ARTICLE 6 –
BONDS AND INSURANCE.........................................................................................................17
6.01
Performance, Payment, and Other Bonds...........................................................................17
6.02
Insurance—General Provisions............................................................................................18
6.03
Design -Builder's Insurance...................................................................................................20
6.04
Owner's Liability Insurance..................................................................................................23
6.05
Property Insurance...............................................................................................................23
6.06
Waiver of Rights...................................................................................................................25
6.07
Receipt and Application of Property Insurance Proceeds...................................................26
ARTICLE 7 –
DESIGN -BUILDER'S RESPONSIBILITIES.....................................................................................26
7.01
Design Professional Services................................................................................................26
7.02
Construction.........................................................................................................................26
7.03
Supervision and Superintendence of Construction.............................................................
27
7.04
Labor; Working Hours..........................................................................................................27
7.05
Services, Materials, and Equipment.....................................................................................27
7.06
"Or Equals" and Substitutions..............................................................................................27
7.07
Concerning Project Design Professionals, Construction Subcontractors, Suppliers, and
Others...................................................................................................................................
28
7.08
Patent Fees and Royalties....................................................................................................29
7.09
Permits and Utility Charges..................................................................................................30
7.10
Taxes.....................................................................................................................................30
7.11
Laws and Regulations...........................................................................................................30
7.12
Record Documents...............................................................................................................31
7.13
Safety and Protection...........................................................................................................31
7.14
Safety Representative..........................................................................................................
32
7.15
Hazard Communication Programs.......................................................................................32
7.16
Emergencies.........................................................................................................................32
7.17
Post -Construction Phase......................................................................................................32
7.18
Design -Builder's General Warranty and Guarantee............................................................
33
7.19
Indemnification....................................................................................................................
33
ARTICLE8 – SUBMITTALS............................................................................................................................34
8.01
Design -Builder's Preparation of Submittals.........................................................................34
8.02
Owner's Review of Submittals.............................................................................................35
E1CDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder.
Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page ii

ARTICLE 9 — OTHER CONSTRUCTION........................................................................................................... 36
9.01
Other Work..........................................................................................................................
36
9.02
Coordination........................................................................................................................37
9.03
Legal Relationships...............................................................................................................37
ARTICLE 10 —
OWNER'S RESPONSIBILITIES.................................................................................................38
10.01
General.................................................................................................................................38
10.02
Insurance..............................................................................................................................40
10.03
Limitations on Owner's Responsibilities..............................................................................40
10.04
Undisclosed Hazardous Environmental Condition...............................................................40
10.05
Owner's Site Representative................................................................................................40
10.06
Owner's Consultants and Managers....................................................................................40
10.07
Safety Programs...................................................................................................................40
10.08
Permits and Approvals.........................................................................................................41
ARTICLE 11— AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK...................................41
11.01
Amending and Supplementing Contract Documents..........................................................41
11.02
Authorized Changes in the Work.........................................................................................41
11.03
Unauthorized Changes in the Work.....................................................................................41
11.04
Changes Involving the Design..............................................................................................42
11.05
Change of Contract Price......................................................................................................42
11.06
Change of Contract Times....................................................................................................43
11.07
Execution of Change Orders.................................................................................................43
11.08
Notice to Sureties.................................................................................................................44
ARTICLE 12 — COST OF THE WORK ADJUSTMENTS; UNIT PRICE WORK......................................................44
12.01
Cost of the Work..................................................................................................................44
12.02
Unit Price Work....................................................................................................................47
ARTICLE 13 —TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE
CONSTRUCTION...................................................................................................................47
13.01
Access to Construction.........................................................................................................47
13.02
Tests, Inspections, and Approvals........................................................................................47
13.03
Uncovering Construction.....................................................................................................48
13.04
Defective Construction.........................................................................................................49
13.05
Owner May Correct Defective Construction........................................................................49
13.06
Costs.....................................................................................................................................49
EJCDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder.
Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page iii

13.07
Owner's Acceptance of Defective Construction.................................................................. 50
13.08
Owner May Stop Construction............................................................................................. 50
ARTICLE 14 — PAYMENTS TO DESIGN -BUILDER; COMPLETION...................................................................50
14.01
Progress Payments...............................................................................................................50
14.02
Design -Builder's Warranty of Title.......................................................................................52
14.03
Substantial Completion........................................................................................................52
14.04
Partial Use or Occupancy.....................................................................................................53
14.05
Final Inspection....................................................................................................................54
14.06
Final Payment.......................................................................................................................54
14.07
Waiver of Claims..................................................................................................................
55
14.08
Correction Period.................................................................................................................
55
ARTICLE 15 —
SUSPENSION OF WORK AND TERMINATION.........................................................................
56
15.01
Owner May Suspend Work..................................................................................................
56
15.02
Owner May Terminate for Cause.........................................................................................
56
15.03
Owner May Terminate for Convenience..............................................................................
57
15.04
Design -Builder May Stop Work or Terminate......................................................................
57
ARTICLE 16 —
DISPUTES...............................................................................................................................
57
16.01
Methods and Procedures.....................................................................................................57
ARTICLE 17 —
MISCELLANEOUS...................................................................................................................58
17.01
Giving Notice........................................................................................................................58
17.02
Computation of Times..........................................................................................................
58
17.03
Cumulative Remedies...........................................................................................................59
17.04
Limitation of Damages.........................................................................................................
59
17.05
No Waiver.............................................................................................................................59
17.06
Survival of Obligations..........................................................................................................59
17.07
Controlling Law....................................................................................................................
59
17.08
Headings...............................................................................................................................59
EJCDCa D-700, Standard General Conditions of the Contract Between Owner and Design -Builder.
Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page iv

STANDARD GENERAL CONDITIONS OF THE
CONTRACT BETWEEN OWNER AND DESIGN -BUILDER
ARTICLE 1— DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in the Contract Documents and printed with initial capital letters, the
following terms have the meanings indicated which are applicable to both the singular and
plural thereof. In addition to terms specifically defined, terms with initial capital letters in
the Contract Documents include references to identified articles and paragraphs, and the
titles of other documents or forms.
1. Addenda: Written or graphic instruments issued by Owner prior to the opening of
Proposals which clarify, correct, or change the Request for Qualifications, Request for
Proposals, or the proposed Contract Documents, including the Conceptual Documents.
2. Agreement: The written instrument, executed by Owner and Design -Builder, that sets
forth the Contract Price and Contract Times, identifies the parties, and designates the
specific items that are Contract Documents.
3. Application for Payment: The form which is to be used by Design -Builder during the
course of the Work in requesting progress or final payments and which is to be
accompanied by such supporting documentation as is required by the Contract
Documents.
4. Authorized Representative: The individual designated by a party to represent it with
respect to this Contract, as indicated in the Agreement.
5. Change Order: A document which is signed by Design -Builder and Owner and authorizes
an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or
the Contract Times, or other revision to the Contract, issued on or after the Effective
Date of the Contract.
6. Claim: A demand or assertion by Owner or Design -Builder seeking an adjustment of
Contract Price or Contract Times, or both, or other relief with respect to the terms of
the Contract. A request or proposal for a Change Order is not a Claim.
7. Conceptual Documents: The documents prepared by or for the Owner to describe the
Work to be performed, issued to Proposers during the design -builder selection process,
and expressly identified in the Agreement.
8. Constituent of Concern: Asbestos, petroleum, radioactive materials, polychlorinated
biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other
material of any nature whatsoever that is or becomes listed, regulated, or addressed
pursuant to (a) the Comprehensive Environmental Response, Compensation and
Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); (b) the Hazardous Materials
Transportation Act, 49 U.S.C. §§5101 et seq.; (c) the Resource Conservation and
Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); (d) the Toxic Substances Control Act,
15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean
Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other Laws or Regulations regulating,
E1CDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder.
Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 59

relating to, or imposing liability or standards of conduct concerning, any hazardous,
toxic, or dangerous waste, substance, or material.
9. Construction: The part of the Work that consists generally of making physical
improvements at the Site, and is the result of performing or furnishing of labor, the
furnishing and incorporating of materials and equipment into the Work (including any
correction of defective Construction), and the furnishing of services (other than Design
Professional Services) and documents, all as required by the Contract Documents and
Construction Drawings and Construction Specifications, as duly modified.
10. Construction Drawings: Documents prepared by or for Design -Builder, and approved by
Owner for purposes of allowing Design -Builder to proceed with the Construction or
specific portions of the Construction, and consisting of drawings, diagrams, illustrations,
schedules, and other data that graphically show the scope, extent, and character of the
Construction (or specific portions of the Construction) to be performed by or for Design -
Builder. Construction Drawings are not Contract Documents.
11. Construction Specifications: Documents prepared by or for Design -Builder, and approved
by Owner for purposes of allowing Design -Builder to proceed with the Construction or a
specific portion of the Construction, and consisting of written requirements for
materials, equipment, systems, standards, workmanship, and administrative procedures
as applied to the Construction (or a specific portion of the Construction). Construction
Specifications are not Contract Documents.
12. Construction Subcontract: A written agreement between Design -Builder and a
Construction Subcontractor for provision of all or a portion of the Construction, and any
delegated Design Professional Services.
13. Construction Subcontractor: An individual or entity (other than a Supplier) having a
direct contract with Design -Builder or with any other Construction Subcontractor for the
performance of a part of the Construction, and any delegated Design Professional
Services.
14. Contract: The entire and integrated written agreement between Owner and Design -
Builder concerning the Work.
15. Contract Documents: Those items so designated in the Agreement, and which together
comprise the Contract.
16. Contract Price: The money that Owner has agreed to pay Design -Builder for completion
of the Work in accordance with the Contract Documents.
17. Contract Times: The numbers of days or the dates stated in the Agreement to (a)
achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the
Work.
18. Design -Builder: The individual or entity with which Owner has contracted for
performance of the Work, as designated in the Agreement.
19. Design Professional Services: That part of the Work comprised of the furnishing of
engineering, surveying, architecture, and other design services, and including but not
limited to providing research, analysis, and conclusions regarding engineering and
related matters; exercising professional judgment with respect to technical issues; the
preparation of plans, reports, calculations, models, schematics, drawings, specifications,
EJCDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder.
Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 2 of 59

Design Submittals, the Construction Drawings, Construction Specifications, and other
instruments of service; other services included in the Contract Documents and required
to be performed by or under the responsible charge of licensed design professionals;
and the review of shop drawings, observation of construction, response to requests for
information or interpretation, analysis of the technical aspects of Change Orders, and
other engineering and related professional services provided by or for licensed design
professionals during Construction.
20. Design Agreement: A written agreement between Design -Builder and a design firm or
entity for provision of Design Professional Services.
21. Design Submittal: A Submittal that pursuant to Laws and Regulations or this Contract
must be prepared by or under the supervision of a licensed engineer or other licensed
design professional, including drawings, specifications, Construction Drawings,
Construction Specifications, and revisions to such documents (but not including Record
Documents).
22. Effective Date of the Contract: The date indicated in the Agreement on which the
Contract becomes effective, but if no such date is indicated it means the date on which
the Agreement is signed and delivered by the last of the two parties to sign and deliver.
23. Engineer: The Project Design Professional identified as Engineer in the Agreement, and
engaged by Design -Builder to provide engineering and related professional services
under a Design Agreement.
24. Hazardous Environmental Condition: The presence at the Site of Constituents of Concern
in such quantities or circumstances that may present a danger to persons or property
exposed thereto. The presence at the Site of materials that are necessary for the
execution of the Work, or that are to be incorporated in the Work, and that are
controlled and contained pursuant to industry practices, Laws and Regulations, and the
requirements of the Contract, does not establish a Hazardous Environmental Condition.
25. Laws and Regulations; Laws or Regulations: Any and all applicable laws, statutes, rules,
regulations, ordinances, binding resolutions, codes, decrees, and orders of any and all
governmental bodies, agencies, authorities, and courts having jurisdiction.
26. Liens: Charges, security interests, or encumbrances upon Contract -related funds, real
property, or personal property.
27. Milestone: A principal event in the performance of the Work that the Contract requires
Design -Builder to achieve by an intermediate completion date or by a time prior to
Substantial Completion of Construction.
28. Notice of Award: The written notice by Owner to a Proposer stating that Owner will
enter into the design -build contract with the Proposer.
29. Notice to Proceed: A written notice by Owner to Design -Builder fixing the date on which
the Contract Times will commence to run and on which Design -Builder shall start to
perform the Work.
30. Owner: The individual or entity with which Design -Builder has contracted regarding the
Work, and which has agreed to pay Design -Builder for the performance of the Work,
pursuant to the terms of the Contract.
EJCDC° D-700, Standard General Conditions of the Contract Between Owner and Design -Builder.
Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 3 of 59

31. Owner's Consultant: An individual or entity with which the Owner has contracted to
furnish services (typically including planning, preparation of Conceptual Documents, and
advisory services) to Owner with respect to the Project, and which is identified as such
in the Agreement.
32. Owner's Site Representative: A representative of Owner at the Site, as indicated in
Paragraph 10.05.
33. Project: The total undertaking to be accomplished for Owner by engineers, consultants,
Design -Builder, subcontractors, and others, including planning, study, design,
construction, testing, start-up, and commissioning, and of which the Work to be
performed under the Contract Documents is a part.
34. Project Design Professionals: The Engineer and any other independent entities or
individuals, or employees of Design -Builder, engaged by Design -Builder or a
Construction Subcontractor to provide Design Professional Services with respect to a
portion of the Work.
35. Proposal: The documents submitted by Design -Builder in response to the Request for
Proposals, setting forth technical concepts, proposed prices, and other conditions for
the Work to be performed, and stating any proposed revisions, modifications,
clarifications, exceptions, or supplements to the proposed Contract Documents.
36. Proposal Amendment: A Contract Document that is prepared after submittal of Design -
Builder's Proposal; identifies mutually agreed revisions, modifications, exceptions,
supplements, and clarifications to the Proposal or proposed Contract Documents; and is
executed by Owner and Design -Builder.
37. Proposer: An entity that submits a Statement of Qualifications or Proposal to Owner.
38. Record Documents: The record copy of all Construction Drawings, Construction
Specifications, Addenda, Change Orders, Work Change Directives, and approved
Submittals maintained by Design -Builder at the Site, including any annotations to such
documents made by Design -Builder during Construction.
39. Record Drawings and Record Specifications: Documents depicting the completed
Project, or a specific portion of the completed Project, based on or comprised of the
Record Documents delivered to Owner by Design -Builder at the completion of the
Construction.
40. Request for Proposals: The document prepared by or for Owner specifying and
describing Owner's objectives, the procedures to be followed in preparing and
submitting a Proposal, and the process for evaluating Proposals and awarding a
contract.
41. Request for Qualifications: The document prepared by or for Owner requesting that
Proposers submit a Statement of Qualifications with respect to their candidacy for
selection as Design -Builder.
42. Schedule of Values: A schedule, prepared and maintained by Design -Builder, allocating
portions of the Contract Price to various portions of the Work, and used as the basis for
reviewing Design -Builder's Applications for Payment.
E1CDC° D-700, Standard General Conditions of the Contract Between Owner and Design -Builder.
Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 4 of 59

43. Site: Lands or areas indicated in the Contract Documents as being furnished by Owner
upon which Construction is to be performed, including rights-of-way and easements,
and such other lands furnished by Owner which are designated for use of Design -
Builder.
44. Statement of Qualifications: The document submitted by a Proposer in response to the
Request for Qualifications, including any completed forms, attachments, and exhibits.
45. Submittal: A written or graphic document, prepared by or for Design -Builder, which the
Contract Documents require the Design -Builder to submit to the Owner. Submittals may
include reports, preliminary drawings and specifications, cost estimates, proposed
Construction Drawings and Construction Specifications, progress schedules, cash flow
projections, Schedules of Values, shop drawings, product data, samples, delegated
designs, certifications, proposed modifications to the Construction Drawings and
Construction Specifications, results of tests and evaluations, results of source quality
control testing and inspections, results of field or Site quality control testing and
evaluations, sustainable design information, information on special procedures,
operations and maintenance data, sustainable design closeout information, record
documents, records of spare parts and extra stock materials, and other such documents
required by the Contract Documents. Submittals, whether approved or accepted by
Owner or not, are not Contract Documents. Claims, notices, Change Orders,
Applications for Payment, and requests for information/interpretation are not
Submittals.
46. Substantial Completion: The time at which the Construction (or a specified part thereof)
has progressed to the point where it is sufficiently complete, in accordance with the
Contract Documents, so that the Construction (or the specified part thereof) can be
utilized for the purposes for which it is intended. The terms "substantially complete"
and "substantially completed" as applied to all or part of the Construction refer to
Substantial Completion thereof.
47. Supplementary Conditions: The part of the Contract Documents which amends or
supplements these General Conditions.
48. Supplier: A manufacturer, fabricator, supplier, distributor, or vendor having a direct
contract with Design -Builder or with any Construction Subcontractor to furnish
materials or equipment to be incorporated in the Work by Design -Builder or a
Construction Subcontractor, and any lessor of rental equipment used by Design -Builder
or a Construction Subcontractor during Construction at the Site.
49. Technical Data: Data contained in boring logs, recorded measurements of subsurface
water levels, laboratory test results, and other factual, objective information regarding
(a) subsurface conditions at the Site, (b) physical conditions relating to existing surface
or subsurface structures at the Site (except Underground Facilities), or (c) environmental
conditions at the Site, that are set forth in any geotechnical or environmental report
prepared for the Project and relied upon by Design -Builder in agreeing to a price (either
stipulated, or a Guaranteed Maximum Price) that includes Construction.
50. Underground Facilities: All underground lines, pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or systems, including but not
limited to those that produce, transmit, distribute, or convey telephone or other
communications, cable television, fiber optic transmissions, power, electricity, light,
E1CDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder.
Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 5 of 59

heat, gases, oil, crude products, liquid petroleum products, water, steam, waste,
wastewater, storm water, other liquids or chemicals, fire or police signal systems, or
traffic or other control systems; and any encasements containing such facilities or
systems.
51. Underground Facilities Data: Information and data shown or indicated in the Contract
Documents or otherwise provided to Design -Builder by Owner with respect to existing
Underground Facilities at or adjacent to the Site.
52. Unit Price Work: Work to be paid for on the basis of unit prices.
53. Work: The entire design and construction or the various separately identifiable parts
thereof required to be performed or furnished by Design -Builder under the Contract
Documents. Work includes and is the result of performing or furnishing Design
Professional Services and Construction required by the Contract Documents and all
labor, services, and documentation necessary to produce such Design Professional
Services and Construction; furnishing, installing, and incorporating all materials and
equipment into such Construction; and related services such as testing, start-up, and
commissioning, all as required by the Contract Documents.
54. Work Change Directive: A written directive to Design -Builder, issued on or after the
Effective Date of the Contract, signed by Owner, ordering an addition, deletion or
revision in the Work.
1.02 Terminology
A. The words and terms discussed in Paragraph 1.02.13 are not defined terms that require
initial capital letters, but when used in the Contract Documents have the indicated
meanings.
B. Intent of Certain Terms or Adjectives:
1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to
the next midnight.
2. The word "defective," when modifying the word "Construction" refers to Construction
that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract
Documents, or does not meet the requirements of any inspection, reference standard,
test or approval referred to in the Contract Documents, or has been damaged prior to
Owner's final payment (unless responsibility for the protection thereof has been
assumed by Owner at Substantial Completion) provided that the defect was not caused
by Owner.
3. The word "furnish," when used in connection with services, materials, or equipment,
shall mean to supply and deliver said services, materials or equipment to the Site (or
some other specified location) ready for use or installation and in usable or operable
condition.
4. The word "install," when used in connection with services, materials, or equipment,
shall mean to put into use or place in final position said services, materials or equipment
or equipment complete and ready for intended use.
EJCDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder.
Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 6 of 59

5. The words "perform" or "provide" when used in connection with services, materials, or
equipment, shall mean to furnish and install said services, materials, or equipment
complete and ready for intended use.
6. When "furnish," "install," "perform," or "provide" is not used in connection with
services, materials, or equipment in a context clearly requiring an obligation of Design -
Builder, "provide" is implied.
7. Unless stated otherwise in the Contract Documents, words or phrases that have a well-
known technical or construction industry or trade meaning are used in the Contract
Documents in accordance with that meaning.
ARTICLE 2 — PRELIMINARY MATTERS
2.01 Delivery of Bonds and Evidence of Insurance
A. Bonds: When Design -Builder delivers the executed Agreements to Owner, Design -Builder
shall also deliver to Owner such Bonds as Design -Builder may be required to furnish in
accordance with Paragraph 6.01.A.
B. Evidence of Insurance: Before any Work is started, Design -Builder and Owner shall each
deliver to the other those certificates of insurance that Design -Builder and Owner
respectively are required to purchase and maintain in accordance with Article 6.
2.02 Copies of Documents
A. Owner shall furnish to Design -Builder four printed copies of the Contract (including one fully
executed counterpart of the Agreement), and one copy in electronic portable document
format (PDF). Additional printed copies will be furnished upon request at the cost of
reproduction.
B. Owner shall maintain and safeguard at least one original printed record version of the
Contract. Owner shall make such original printed record version of the Contract available to
Design -Builder for review.
2.03 Conceptual Documents
A. Design -Builder's Review of Conceptual Documents:
1. Design -Builder acknowledges that the Conceptual Documents furnished by Owner are
preliminary and incomplete, and subject to stated limitations and reservations.
2. Design -Builder shall carefully review, analyze, and verify the contents and suitability of
the Conceptual Documents before proceeding with the Work (including but not limited
to the Design Professional Services).
3. Design -Builder shall promptly report in writing to Owner any conflict, error, ambiguity,
or discrepancy that Design -Builder may discover in the Conceptual Documents, whether
during such review or at any later point.
4. Upon receipt of a report from Design -Builder that there is a conflict, error, ambiguity, or
discrepancy in the Conceptual Documents, Owner shall either provide a written
interpretation, clarification, or correction to Design -Builder, or authorize Design -Builder
to correct or resolve the issue under a Change Order providing an equitable adjustment
in Contract Times or Contract Price, or both.
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5. Design -Builder shall not proceed with any Work affected by a reported conflict, error,
ambiguity, or discrepancy in the Conceptual Documents until the issue is resolved.
B. Owner shall not be responsible for any deficiency in the Conceptual Documents that Design -
Builder does not discover or report to Owner.
C. Subject to the foregoing review and reporting obligations, Design -Builder may use the
Conceptual Documents as a partial basis for performing or furnishing Design Professional
Services, including the preparation of Design Submittals such as the Construction Drawings
and Construction Specifications, but despite any such use of the Conceptual Documents the
Design -Builder nonetheless shall be responsible to Owner for the quality and soundness of
the Design Professional Services.
2.04 Before Starting the Work
A. Preliminary Schedules: Within 10 days after commencement of the Contract Times (unless
otherwise specified in the Contract Documents), Design -Builder shall submit the following to
Owner for Owner's timely review:
1. A preliminary progress schedule indicating the times (numbers of days or dates) for
starting and completing the various stages of the Work, including any Milestones
specified in the Contract Documents;
2. A preliminary schedule of Submittals (including Design Submittals) which will list each
required Submittal and the times for submitting, reviewing, and processing each
Submittal;
3. A preliminary Schedule of Values for all of the Work which will include quantities and
prices of items which when added together equal the Contract Price and subdivides the
Work into component parts in sufficient detail to serve as the basis for progress
payments during performance of the Work. Such prices will include an appropriate
amount of overhead and profit applicable to each item of Work; and
4. A preliminary cash flow projection estimating that portion of the Contract Price to be
due during each month of performance.
2.05 Authorized Representatives
A. The Authorized Representative for each party has been designated in the Agreement. A
party may change its Authorized Representative at any time by giving notice to the other
party of the name, mailing and delivery addresses, e-mail address, and telephone numbers
of the new Authorized Representative.
2.06 Initial Conference
A. Within 20 days after the Contract Times start to run, Design -Builder will arrange a
conference attended by Owner and Design -Builder and others as appropriate to establish a
working understanding among the parties as to the Work and to discuss the design
concepts, schedules referred to in Paragraph 2.04.A, procedures for handling Submittals,
processing Applications for Payment, maintaining required records, and other matters.
2.07 Review of Schedules
A. Not less than 10 days before submission of the first Application for Payment (unless
otherwise provided in the Contract Documents), Design -Builder will arrange a conference
attended by Design -Builder, Owner, and others as appropriate to review and discuss the
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schedules submitted in accordance with Paragraph 2.04.A. Design -Builder shall have an
additional 10 days after the conference to make corrections and adjustments and to
complete and resubmit the schedules for Owner's acceptance. No progress payment shall
be made to Design -Builder until Design -Builder submits schedules that comply with the
following requirements:
1. Design -Builder's progress schedule shall provide an orderly progression of the Work to
completion within any specified Milestones and the Contract Times.
2. Design -Builder's schedule of Submittals shall provide a workable arrangement for
submitting, reviewing, and processing Submittals in accordance with Article 8.
3. Design -Builder's Schedule of Values shall provide a reasonable allocation of the Contract
Price to component parts of the Work.
2.08 Electronic Transmittals
A. Except as otherwise stated elsewhere in the Contract, the Owner and Design -Builder may
transmit, and shall accept, Project -related correspondence, text, data, documents, drawings,
information, and graphics, including but not limited to Submittals, in electronic media or
digital format, either directly, or through access to a secure Project website.
B. If the Contract does not establish protocols for electronic or digital transmittals, then Owner
and Design -Builder shall jointly develop such protocols.
C. Unless expressly stated otherwise elsewhere in this Contract, Design -Builder shall not be
obligated to furnish documents (including but not limited to Construction Drawings,
Construction Specifications, or Record Drawings and Record Specifications) to Owner in any
executable, native -file format.
D. When transmitting items in electronic media or digital format, the transmitting party makes
no representations as to long term compatibility, usability, or readability of the items
resulting from the recipient's use of software application packages, operating systems, or
computer hardware differing from those used in the drafting or transmittal of the items, or
from those established in applicable transmittal protocols.
ARTICLE 3 — DOCUMENTS: INTENT, AMENDING, REUSE
3.01 Contract Documents
A. The Contract Documents are complementary; what is called for by one is as binding as if
called for by all.
B. It is the intent of the Contract Documents to require the design and construction of a
functionally complete project (or part thereof).
C. Design -Builder shall prepare or furnish Construction Drawings and Construction
Specifications that are in accord with the Contract Documents and that describe a
functionally complete Project (or part thereof) to be constructed in accordance with such
Construction Drawings and Construction Specifications, as duly modified.
D. The Contract supersedes prior negotiations, representations, or agreements, whether
written or oral.
E. Design -Builder will furnish or perform all labor, documentation, services (including
professional services), materials, and equipment that may reasonably be inferred from the
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Contract Documents or from prevailing custom or trade usage as being required to produce
the intended result whether or not specifically called, for at no additional cost to Owner.
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws or Regulations:
1. Reference to standards, specifications, manuals or codes of any technical society,
organization or association, or to Laws or Regulations, whether such reference be
specific or by implication, shall mean the standard, specification, manual, code, or Laws
or Regulations in effect on the Effective Date except as may be otherwise specifically
stated in the Contract Documents.
2. No provision of any such standard, specification, manual, or code, or instruction of a
Supplier, shall be effective to change the duties and responsibilities of Owner, Design -
Builder, or any of their subcontractors, consultants, agents, or employees from those set
forth in the Contract Documents, nor shall it be effective to assign to Owner or its
officers, directors, members, partners, employees, agents, consultants, or
subcontractors any duty or authority to supervise or direct the furnishing or
performance of the Work or any duty or authority to undertake responsibility
inconsistent with the provisions of the Contract Documents.
3.03 Resolving Discrepancies
A. If there is a discrepancy between (1) the Conceptual Documents or other Contract
Documents issued with the Request for Qualifications or Request for Proposals and (2) the
Proposal, the Proposal will control.
B. If there is a discrepancy between (1) the Conceptual Documents, other Contract Documents
issued with the Request for Qualifications or Request for Proposals, or the Proposal and (2)
the Proposal Amendment, the Proposal Amendment will control.
C. If there is a discrepancy between (1) the Contract Documents and (2) the Construction
Drawings and Construction Specifications, the Contract Documents will control unless
Design -Builder gave notice of the discrepancy in a Submittal, and Owner approved the
Submittal, pursuant to the provisions of Article 8.
3.04 Ownership and Reuse of Documents
A. All documents prepared for or furnished to Owner by Design -Builder pursuant to this
Contract (including but not limited to Design Submittals) are instruments of service. With
respect to such documents:
1. Design -Builder shall have and retain the ownership, title, and property rights, including
copyright, patent, intellectual property, and common law rights, in the documents.
2. During the course of the Project, Design -Builder will provide copies of Design Submittals
to Owner for purposes of review and comment. Owner may retain copies of such
documents for its records.
3. Owner may use its copy of the Record Drawings and Record Specifications for Owner's
purposes in operating and maintaining the constructed facilities.
4. Upon Owner's termination of this Contract for cause pursuant to Paragraph 15.02,
Owner shall receive a limited, non-exclusive license to use any completed Design
Submittals in continuing the Project, subject to the limitations in this Paragraph 3.04.
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5. The documents prepared or furnished by Design -Builder under this Contract, regardless
of ownership, transfer, license, completion status, or termination of the Contract, are
for Design -Builder's use, and are not intended or represented to be suitable for use on
the Project by Owner or any party other than Design -Builder, or for reuse by Owner or
others on extensions of the Project or on any other project, except as otherwise stated
in this Contract. Any use or reuse by Owner or others on Owner's behalf will be at
Owner's sole risk, and without liability or legal exposure to Design -Builder, the Project
Design Professionals, or their subconsultants, and Owner shall indemnify and hold
harmless Design -Builder, the Project Design Professionals, and their subconsultants
from all claims, damages, losses and expenses, including attorneys' fees, arising out of
or resulting from any such use or reuse.
ARTICLE 4 — COMMENCEMENT AND PROGRESS OF THE WORK
4.01 Commencement of Contract Times
A. The Contract Times will commence to run on the Effective Date of the Contract.
4.02 Starting the Work
A. Design -Builder shall start to perform the Work as of the Effective Date of the Contract. No
Construction shall be done at the Site prior to the Effective Date of the Contract.
4.03 Progress Schedule
A. Owner may rely on the progress schedule established in accordance with Paragraph 2.04, as
duly adjusted, in planning and conducting ongoing operations and other work at the Site.
B. Design -Builder shall adhere to the progress schedule established in accordance with
Paragraph 2.04 as it may be adjusted from time to time, as provided below:
1. Design -Builder shall submit to Owner proposed adjustments in the progress schedule
that will not change the Contract Times (or Milestones). Owner shall accept such
adjustments provided that Owner, in planning and conducting ongoing operations and
other work at the Site, has not reasonably relied on the schedule element that is
proposed to be adjusted. If Owner has so relied, then Owner and Design -Builder shall
promptly meet and seek a resolution that addresses the objectives of both parties, or
adjust the Contract Price.
2. Design -Builder shall submit proposed adjustments in the progress schedule that will
change the Contract Times (including Milestones) in accordance with the requirements
of Paragraph 11.06. Such adjustments may only be made by a Change Order.
C. Continuing the Work: Design -Builder shall continue the Work and adhere to the progress
schedule during all disputes or disagreements with Owner. No Work shall be delayed or
postponed pending resolution of any disputes or disagreements, except as Design -Builder
and Owner may otherwise agree in writing.
4.04 Delays in Design -Builder's Progress
A. If Owner or anyone for whom Owner is responsible delays, disrupts, or interferes with the
performance or progress of the Work, then Design -Builder shall be entitled to an equitable
adjustment in the Contract Times and Contract Price. Design -Builder's entitlement to an
adjustment of the Contract Times is conditioned on such adjustment being essential to
Design -Builder's ability to complete the Work within the Contract Times.
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B. Design -Builder shall not be entitled to an adjustment in Contract Price or Contract Times for
delay, disruption, or interference within the control of Design -Builder. Delay, disruption, and
interference attributable to and within the control of a Project Design Professional,
Construction Subcontractor, or Supplier shall be deemed to be delays within the control of
Design -Builder.
C. If Design -Builder's performance or progress is delayed, disrupted, or interfered with by
unanticipated causes not the fault of and beyond the control of Owner, Design -Builder, and
those for which they are responsible, then Design -Builder shall be entitled to an equitable
adjustment in Contract Times. Design -Builder's entitlement to such an adjustment of the
Contract Times is conditioned on such adjustment being essential to Design -Builder's ability
to complete the Work within the Contract Times. Such an adjustment shall be Design -
Builder's sole and exclusive remedy for the delays, disruption, and interference described in
this paragraph. Causes of delay, disruption, or interference that may give rise to an
adjustment in Contract Times under this paragraph include but are not limited to the
following:
1. Severe and unavoidable natural catastrophes such as fires, floods, epidemics, and
earthquakes;
2. Abnormal weather conditions;
3. Acts or failures to act of utility owners (other than those performing other work at or
adjacent to the Site by arrangement with the Owner, as contemplated in Article 9); and
4. Acts of war or terrorism.
D. Delays, disruption, and interference to the performance or progress of the Work resulting
from the existence of a differing subsurface or physical condition, an Underground Facility
that was not shown or indicated by the Contract Documents, or not shown or indicated with
reasonable accuracy, and those resulting from Hazardous Environmental Conditions, are
governed by Article 5.
E. Paragraph 9.03 governs delays, disruption, and interference to the performance or progress
of the Work resulting from the performance of certain other work at or adjacent to the Site.
F. Design -Builder shall not be entitled to an adjustment in Contract Price or Contract Times for
any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or
interference caused by or within the control of Design -Builder.
G. If Design -Builder seeks an adjustment in Contract Price or Contract Times under this
paragraph, Design -Builder shall submit a request for a Change Order to Owner within 30
days of the commencement of the delaying, disrupting, or interfering event.
ARTICLES—SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL
CONDITIONS
5.01 Availability of Lands
A. Owner shall furnish the Site. Owner shall notify Design -Builder of any encumbrances or
restrictions not of general application but specifically related to use of the Site with which
Design -Builder will have to comply in performing the Work.
B. Upon reasonable written request, Owner shall furnish Design -Builder with a current
statement of record legal title and legal description of the lands upon which the
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Construction is to be performed and Owner's interest therein as necessary for giving notice
of or filing a mechanic's or construction lien against such lands in accordance with applicable
Laws or Regulations.
C. Design -Builder shall provide for all additional lands and access thereto that may be required
for temporary construction facilities or storage of materials and equipment.
5.02 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas:
1. Design -Builder shall confine construction equipment, the storage of materials and
equipment, and the operations of construction workers to the Site and other areas
permitted by Laws or Regulations, and shall not unreasonably encumber the Site and
other areas with construction equipment or other materials or equipment. Design -
Builder shall assume full responsibility for any damage to any such land or area, or to
the owner or occupant thereof or of any adjacent land or areas, resulting from the
performance of the Work.
2. Should any claim be made by any such owner or occupant because of the performance
of Work, Design -Builder shall promptly settle with such other party by negotiation, or
otherwise resolve the claim by arbitration or other dispute resolution proceeding, or at
law.
3. To the fullest extent permitted by Laws or Regulations, Design -Builder shall indemnify
and hold harmless Owner, Owner's consultants, and anyone directly or indirectly
employed by any of them from and against all claims, costs, losses and damages
(including, but not limited to, fees of engineers, architects, attorneys and other
professionals and court and arbitration or other dispute resolution costs) arising out of
or resulting from any claim brought by any such owner or occupant against Owner, or
any other party indemnified hereunder to the extent caused by or based upon Design -
Builder's performance of the Construction.
B. Removal of Debris: During the performance of the Construction, Design -Builder shall keep
the premises free from accumulations of waste materials, rubbish, and other debris
resulting from the Construction. Removal and disposal of such waste materials, rubbish, and
other debris shall conform to applicable Laws or Regulations.
C. Cleaning: Prior to Substantial Completion, Design -Builder shall clean the Site and make it
ready for utilization by Owner. At completion of Construction, Design -Builder shall remove
all tools, appliances, construction equipment, temporary construction and machinery, and
surplus materials and shall restore to original condition all property not designated for
alteration by the Contract Documents.
D. Loading Structures: Design -Builder shall not load nor permit any part of any structure to be
loaded in any manner that will endanger the structure, nor shall Design -Builder subject any
part of the Construction or adjacent property to stresses or pressures that will endanger it.
5.03 Reference Points
A. Design -Builder shall be responsible for laying out the Work and shall protect and preserve
reference points and property monuments established by Owner, and shall make no
changes or relocations of such reference points or monuments without the prior written
approval of Owner. Design -Builder shall report to Owner whenever any reference point or
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property monument is lost or destroyed, or requires relocation because of necessary
changes in grades or locations, and shall be responsible for the accurate replacement or
relocation of such reference points or property monuments by professionally qualified
personnel.
5.04 Differing Site Conditions
A. Design -Builder shall promptly, and before the conditions are disturbed, give a written notice
to Owner of (i) subsurface or latent physical conditions at the Site (whether discovered
during investigation of the Site or during Construction) which differ materially from those
indicated in the Contract Documents, or in any Technical Data, or (ii) unknown physical
conditions at the Site, of an unusual nature, which differ materially from those ordinarily
encountered and generally recognized as inhering in work of the character called for by the
Contract Documents.
B. Owner will investigate the Site conditions promptly after receiving the notice. Design -
Builder shall supplement the notice by promptly submitting to Owner any additional
information regarding schedule and cost impacts, and a specific request for a Change Order.
Owner shall then make a determination regarding the site condition and the impact, if any,
on Contract Price and Contract Times. If the conditions do materially so differ and cause an
increase or decrease in the Design -Builder's cost of, or the time required for, performing any
part of the Work, whether or not changed as a result of the conditions, an equitable
adjustment shall be made under this clause and the Contract Price or Times modified in
writing by Change Order in accordance with Article 11.
C. No request by Design -Builder for an equitable adjustment under this Paragraph 5.04 shall be
allowed unless Design -Builder has given the written notice required.
D. The provisions of this Paragraph 5.04 are not intended to apply to a Hazardous
Environmental Condition or Underground Facility uncovered or revealed at the Site.
5.05 Underground Facilities
A. Procedure for Identifying Underground Facilities: Promptly after the Effective Date of the
Contract, Design -Builder shall review the Underground Facilities Data furnished by Owner
and use ASCE 38, "Standard Guideline for the Collection and Depiction of Existing
Subsurface Utility Data," as a basis for establishing a procedure ("Underground Facilities
Procedure") for the further identification, investigation, and mapping of Underground
Facilities at or adjacent to the Site. Design -Builder shall establish and use the Underground
Facilities Procedure to aid in the provision of Design Professional Services and the
performance of Construction, and to reduce and manage risks associated with Underground
Facilities. Such Underground Facilities Procedure shall take into account the Site and the
nature of the Project.
1. The Underground Facilities Procedure shall include a plan to keep Underground
Facilities information current as Design -Builder proceeds with the provision of Design
Professional Services, and to add new or relocated Underground Facilities information
to the base utility or Site drawings.
2. To manage the potential impact of design changes on Underground Facilities, Design -
Builder shall modify or reapply the Underground Facilities Procedure as the design
progresses and changes.
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B. Design -Builder's Responsibilities: Unless otherwise expressly provided in the Contract,
Design -Builder shall have full responsibility for the following; and, subject to the provisions
of Paragraphs 5.05.C, D, and E, the cost of all of the following will be included in the
Contract Price:
1. Establishing and executing the Underground Facilities Procedure referred to in
Paragraph 5.05.A, including updating, modification, and reapplication duties;
2. Coordinating the Work with the owners (including Owner) of such Underground
Facilities, during the provision of Design Professional Services and Construction;
3. Verifying the actual location of specific Underground Facilities through exposure, as
needed for the Design Professional Services;
4. Complying with applicable state and local utility damage prevention Laws and
Regulations during Construction; and
5. The safety and protection of all existing Underground Facilities at the Site, and repairing
any damage to such Underground Facilities resulting from the Construction, subject to
the provisions of Paragraph 5.05.D.
C. Results of Design -Builder's Execution of Underground Facilities Procedure: If, during the
execution of the Underground Facilities Procedure referred to in Paragraph 5.05.A, the
Design -Builder identifies an Underground Facility that was not shown or indicated in the
Underground Facilities Data, or was not shown or indicated with reasonable accuracy,
causing an increase or decrease in the Design -Builder's cost of, or the time required for,
providing Design Professional Services or performing the Construction, then Design -Builder
shall submit to Owner a request for a Change Order seeking an equitable adjustment to the
Contract Price or Times under this clause. Such request shall be made within 30 days of the
identification of the Underground Facility in question.
D. Underground Facility Found During Construction: If Design -Builder believes that an
Underground Facility that is uncovered, exposed, or revealed at the Site during Construction
was not shown or indicated in the Underground Facilities Data, or was not shown or
indicated with reasonable accuracy, and also that such Underground Facility was not
identified or mapped with reasonable accuracy despite Design -Builder's adequate
establishment and execution of the Underground Facilities Procedure referred to in
Paragraph 5.05.A, then Design -Builder shall promptly give written notice to Owner, and
supplement the notice by submitting to Owner a request for a Change Order seeking an
equitable adjustment to the Contract Price or Times under this clause. Such request shall be
made within 30 days of the uncovering or revealing of the Underground Facility in question.
1. Owner's Review: Owner will investigate the Underground Facility found during
Construction promptly after receiving the notice. If Owner concurs with Design -Builder
that the Underground Facility that is uncovered, exposed, or revealed at the Site was
not shown or indicated in the Underground Facilities Data, or was not shown or
indicated with reasonable accuracy, and further was not identified or mapped with
reasonable accuracy despite Design -Builder's adequate establishment and execution of
the Underground Facilities Procedure referred to in Paragraph 5.05.A, causing an
increase or decrease in the Design -Builder's cost of, or the time required for, performing
any part of the Work, whether or not changed as a result of the actual location, then an
equitable adjustment shall be made under this clause and the Contract Price or Times
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modified in writing by Change Order in accordance with Article 11. If Owner does not
concur with Design -Builder, then Owner shall so indicate in writing, with a specific
explanation of the reason for non -concurrence.
2. No request by Design -Builder for an equitable adjustment under Paragraph 5.05.D shall
be allowed unless Design -Builder has given the written notice required.
E. Inadequate Establishment or Execution of Underground Facilities Procedure: If Design -
Builder does not establish an Underground Facilities Procedure that is (1) adequate for the
Site and the nature of the Project and (2) consistent with the guidelines set forth in ASCE 38,
"Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data," or
Design -Builder does not adequately execute a duly established Underground Facilities
Procedure, then Design -Builder shall bear all costs associated with the presence of an
Underground Facility that was not identified or located with reasonable accuracy, including
but not limited to delay, redesign, relocation, and increased Construction costs, if such
Underground Facility would have been identified and located with reasonable accuracy by
an adequate and properly executed Underground Facilities Procedure that was consistent
with ASCE 38.
5.06 Hazardous Environmental Conditions at Site
A. Reliance by Design -Builder on Technical Data Authorized: Design -Builder may rely on the
accuracy of the Technical Data with respect to environmental conditions at the Site.
B. Design -Builder shall not be responsible for removing or remediating any Hazardous
Environmental Condition encountered, uncovered, or revealed at the Site unless such
removal or remediation is expressly identified in the Contract Documents to be within the
scope of the Work.
C. Design -Builder shall be responsible for controlling, containing, and duly removing all
Constituents of Concern brought to the Site by Design -Builder, Project Design Professionals,
Construction Subcontractors, Suppliers, or anyone else for whom Design -Builder is
responsible, and for any associated costs; and for the costs of removing and remediating any
Hazardous Environmental Condition created by the presence of any such Constituents of
Concern.
D. If Design -Builder encounters, uncovers, or reveals a Hazardous Environmental Condition
(whether during Site investigation or during Construction) whose removal or remediation is
not expressly identified in the Contract Documents as being within the scope of the Work,
or if Design -Builder or anyone for whom Design -Builder is responsible creates a Hazardous
Environmental Condition, then Design -Builder shall immediately: (1) secure or otherwise
isolate such condition; (2) stop all Work in connection with such condition and in any area
affected thereby (except in an emergency as required by Paragraph 7.16); and (3) notify
Owner (and promptly thereafter confirm such notice in writing). Owner shall promptly
determine whether to retain a qualified expert to evaluate such condition or take corrective
action, if any, and take such actions as are necessary to permit Owner to timely obtain
required permits and provide Design -Builder the written notice required by Paragraph
5.06.E. If Design -Builder or anyone for whom Design -Builder is responsible created the
Hazardous Environmental Condition in question, then Owner may remove and remediate
the Hazardous Environmental Condition, and impose a set-off against payments to account
for the associated costs.
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E. Design -Builder shall not resume Work in connection with such Hazardous Environmental
Condition or in any affected area until after Owner has obtained any required permits
related thereto, and delivered written notice to Design -Builder either (1) specifying that
such condition and any affected area is or has been rendered safe for the resumption of
Work, or (2) specifying any special conditions under which such Work may be resumed
safely.
F. If after receipt of such written notice Design -Builder does not agree to resume such Work
based on a reasonable belief it is unsafe, or does not agree to resume such Work under such
special conditions, then the portion of the Work that is in the area affected by such
condition shall be deleted from the Work, following the contractual change procedures in
Article 11. Owner may have such deleted portion of the Work performed by Owner's own
forces or others in accordance with Article 9.
G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold
harmless Design -Builder, Project Design Professionals, Construction Subcontractors, and the
officers, directors, members, partners, employees, agents, consultants, and subcontractors
of each and any of them from and against all claims, costs, losses, and damages (including
but not limited to all fees and charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute resolution costs) arising out of or
relating to a Hazardous Environmental Condition, provided that such Hazardous
Environmental Condition (1) was not shown or indicated in the Contract Documents or the
Technical Data, or identified in the Contract Documents to be included within the scope of
the Work, and (2) was not created by Design -Builder or by anyone for whom Design -Builder
is responsible. Nothing in this Paragraph 5.06.G shall obligate Owner to indemnify any
individual or entity from and against the consequences of that individual's or entity's own
negligence.
H. To the fullest extent permitted by Laws and Regulations, Design -Builder shall indemnify and
hold harmless Owner and its officers, directors, members, partners, employees, agents,
consultants, and subcontractors from and against all claims, costs, losses, and damages
(including but not limited to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other dispute resolution costs) arising out
of or relating to the Design -Builder's failure to control, contain, or remove a Constituent of
Concern brought to the Site by Design -Builder or by anyone for whom Design -Builder is
responsible, or to a Hazardous Environmental Condition created by Design -Builder or by
anyone for whom Design -Builder is responsible. Nothing in this Paragraph 5.06.H shall
obligate Deign -Builder to indemnify any individual or entity from and against the
consequences of that individual's or entity's own negligence.
ARTICLE 6 — BONDS AND INSURANCE
6.01 Performance, Payment, and Other Bonds
A. Design -Builder shall furnish a performance bond and a payment bond, each in an amount at
least equal to the Contract Price, as security for the faithful performance and payment of
Design -Builder's obligations under the Contract. These bonds shall remain in effect until one
year after the date when final payment becomes due, or until completion of the correction
period specified in Paragraph 14.08, whichever is later, except as provided otherwise by
Laws or Regulations, the terms of a prescribed bond form, the Supplementary Conditions, or
other specific provisions of the Contract. Design -Builder shall also furnish such other bonds
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as are required by the Supplementary Conditions or other specific provisions of the
Contract.
B. All bonds shall be in the form prescribed by the Contract except as provided otherwise by
Laws or Regulations, and shall be executed by such sureties as are named in "Companies
Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies" as published in Circular 570 (as amended and supplemented) by the
Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. A
bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that
individual's authority to bind the surety. The evidence of authority shall show that it is
effective on the date the agent or attorney-in-fact signed the accompanying bond.
C. Design -Builder shall obtain the required bonds from surety companies that are duly licensed
or authorized in the jurisdiction in which the Project is located to issue bonds in the required
amounts.
D. If the surety on a bond furnished by Design -Builder is declared bankrupt or becomes
insolvent, or its right to do business is terminated in any state or jurisdiction where any part
of the Project is located, or the surety ceases to meet the requirements above, then Design -
Builder shall promptly notify Owner and Engineer and shall, within 20 days after the event
giving rise to such notification, provide another bond and surety, both of which shall comply
with the bond and surety requirements above.
E. If Design -Builder has failed to obtain a required bond, Owner may exclude the Design -
Builder from the Site and exercise Owner's termination rights under Article 15.
F. Upon request to either Owner or Design -Builder from any Construction Subcontractor,
Project Design Professional, Supplier, or other person or entity claiming to have furnished
labor, services, materials, or equipment used in the performance of the Work, the recipient
of the request shall provide a copy of the payment bond to such person or entity.
6.02 Insurance—General Provisions
A. Owner and Design -Builder shall obtain and maintain insurance as required in this Article and
in the Supplementary Conditions.
B. All insurance required by the Contract to be purchased and maintained by Owner or Design -
Builder shall be obtained from insurance companies that are duly licensed or authorized, in
the state or jurisdiction in which the Project is located, to issue insurance policies for the
required limits and coverages. Unless a different standard is indicated in the Supplementary
Conditions, all companies that provide insurance policies required under this Contract shall
have an A.M. Best rating of A -VII or better.
C. All insurance required by the Contract to be purchased and maintained by Design -Builder
shall be primary and without contribution by insurance maintained by Owner.
D. Alternative forms of insurance coverage, including but not limited to self-insurance and
"Occupational Accident and Excess Employer's Indemnity Policies," are not sufficient to
meet the insurance requirements of this Contract, unless expressly permitted in the
Supplementary Conditions.
E. Design -Builder shall require (a) its Construction Subcontractors and Engineer (and any other
Project Design Professional that is an independent individual or entity) to purchase and
maintain commercial general liability, automobile liability, workers' compensation,
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employer's liability, professional liability (as applicable), and umbrella or excess liability
insurance, and (b) its Construction Subcontractors to purchase and maintain contractor's
pollution liability insurance. All such required insurance shall meet the same requirements
for the applicable category of insurance established in this Contract for Design -Builder,
unless otherwise indicated in the Supplementary Conditions.
F. Design -Builder shall deliver to Owner, with copies to each additional insured (as identified in
this Article, in the Supplementary Conditions, or elsewhere in the Contract), certificates of
insurance establishing that Design -Builder has obtained and is maintaining the policies,
coverages, and endorsements required by the Contract. Upon request by Owner or any
other insured, Design -Builder shall also furnish other evidence of such required insurance,
including but not limited to copies of policies and endorsements, documentation of
applicable self-insured retentions (if permitted) and deductibles, and evidence of insurance
required to be purchased and maintained by Design -Builder's Construction Subcontractors,
Engineer, and any other Project Design Professional that is an independent individual or
entity. Design -Builder may block out (redact) any confidential premium or pricing
information contained in any policy or endorsement furnished under this provision.
G. Owner shall deliver to Design -Builder, with copies to each additional insured (as identified in
this Article, the Supplementary Conditions, or elsewhere in the Contract), certificates of
insurance establishing that Owner has obtained and is maintaining the policies, coverages,
and endorsements required of Owner by the Contract (if any). Upon request by Design -
Builder or any other insured, Owner shall also provide other evidence of such required
insurance (if any), including but not limited to copies of policies and endorsements, and
documentation of applicable self-insured retentions and deductibles. Owner may block out
(redact) any confidential premium or pricing information contained in any policy or
endorsement furnished under this provision.
H. Failure of Owner or Design -Builder to demand such certificates or other evidence of the
other party's full compliance with these insurance requirements, or failure of Owner or
Design -Builder to identify a deficiency in compliance from the evidence provided, shall not
be construed as a waiver of the other party's obligation to obtain and maintain such
insurance.
I. If either party does not purchase or maintain all of the insurance required of such party by
the Contract, such party shall notify the other party in writing of such failure to purchase
prior to the start of the Work, or of such failure to maintain prior to any change in the
required coverage.
J. If Design -Builder has failed to obtain and maintain required insurance, Owner may exclude
the Design -Builder from the Site, impose an appropriate set-off against payment, and
exercise Owner's termination rights under Article 15.
K. Without prejudice to any other right or remedy, if a party has failed to obtain required
insurance, the other party may elect to obtain equivalent insurance to protect such other
party's interests at the expense of the party who was required to provide such coverage,
and the Contract Price shall be adjusted accordingly.
L. Owner does not represent that insurance coverage and limits established in this Contract
necessarily will be adequate to protect Design -Builder or Design -Builder's interests.
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M. The insurance and insurance limits required herein shall not be deemed as a limitation on
Design -Builder's liability under the indemnities granted to Owner and other individuals and
entities in the Contract.
6.03 Design -Builder's Insurance
A. Workers' Compensation and Employer's Liability: Design -Builder shall purchase and maintain
workers' compensation and employer's liability insurance for:
1. Claims under workers' compensation, disability benefits, and other similar employee
benefit acts.
2. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act
coverage (if applicable).
3. Claims for damages because of bodily injury, occupational sickness or disease, or death
of Design -Builder's employees (by stop -gap endorsement in monopolist worker's
compensation states).
4. Foreign voluntary worker compensation (if applicable).
B. Commercial General Liability—Claims Covered. Design -Builder shall purchase and maintain
commercial general liability insurance, covering all operations by or on behalf of Design -
Builder, on an occurrence basis, against:
1. Claims for damages because of bodily injury, sickness or disease, or death of any person
other than Design -Builder's employees.
2. Claims for damages insured by reasonably available personal injury liability coverage.
3. Claims for damages, other than to the Work itself, because of injury to or destruction of
tangible property wherever located, including loss of use resulting therefrom.
C. Commercial General Liability—Form and Content: Design -Builder's commercial liability
policy shall be written on a 1996 (or later) ISO commercial general liability form (occurrence
form) and include the following coverages and endorsements:
1. Products and completed operations coverage:
a. Such insurance shall be maintained for three years after final payment.
b. Design -Builder shall furnish Owner and each other additional insured (as identified
in the Supplementary Conditions or elsewhere in the Contract) evidence of
continuation of such insurance at final payment and three years thereafter.
2. Blanket contractual liability coverage, to the extent permitted by law, including but not
limited to coverage of Design -Builder's contractual indemnity obligations in Paragraph
7.19.
3. Broad form property damage coverage.
4. Severability of interests and no insured -versus -insured or cross -liability exclusions.
5. Underground, explosion, and collapse coverage.
6. Personal injury coverage.
7. Additional insured endorsements that include both ongoing operations and products
and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG
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20 37 10 01 (together). If Design -Builder demonstrates to Owner that the specified ISO
endorsements are not commercially available, then Design -Builder may satisfy this
requirement by providing equivalent endorsements.
8. For design professional additional insureds, ISO Endorsement CG 20 32 07 04,
"Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named
Insured" or its equivalent.
D. Commercial General Liability—Excluded Content: The commercial general liability insurance
policy, including its coverages, endorsements, and incorporated provisions, shall not include
any of the following:
1. Any modification of the standard definition of "insured contract."
2. Any exclusion for water intrusion or water damage.
3. Any provisions resulting in the erosion of insurance limits by defense costs.
4. Any exclusion of coverage relating to earth movement.
5. Any exclusion for the insured's vicarious liability, strict liability, or statutory liability.
6. Any limitation or exclusion based on the nature of Design -Builder's work.
7. Any professional liability exclusion broader in effect than ISO form CG 22 79 07 98.
E. Automobile liability: Design -Builder shall purchase and maintain automobile liability
insurance against claims for damages because of bodily injury or death of any person or
property damage arising out of the ownership, maintenance, or use of any motor vehicle.
The automobile liability policy shall be written on an occurrence basis.
F. Umbrella or excess liability: Design -Builder shall purchase and maintain umbrella or excess
liability insurance written over the underlying employer's liability, commercial general
liability, and automobile liability insurance described in the paragraphs above. Subject to
industry -standard exclusions, the coverage afforded shall be procured on a "follow the
form" basis as to each and every one of the underlying policies. Design -Builder may meet
the combined limits of insurance (underlying policy plus applicable umbrella or excess)
specified for employer's liability, commercial general liability, and automobile liability
through the primary policies alone, or through combinations of the primary insurance
policies and an umbrella or excess liability policy that follows the form of the underlying
policy, as specified herein.
G. Contractor's pollution liability insurance: Design -Builder shall purchase and maintain a policy
covering third -party injury and property damage claims, including clean-up costs, as a result
of pollution conditions arising from Design -Builder's operations and completed operations.
This insurance shall be maintained for no less than three years after final completion.
H. Additional insureds: The Design -Builder's commercial general liability, automobile liability,
umbrella or excess, and pollution liability policies shall include and list as additional insureds
Owner and any individuals or entities identified as required additional insureds in the
Supplementary Conditions; 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 (including as applicable those arising from
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both ongoing and completed operations) on a non-contributory basis. Design -Builder shall
obtain all necessary endorsements to support these requirements.
I. Professional liability insurance:
1. Design -Builder shall be responsible for purchasing and maintaining professional liability
insurance. This insurance shall provide protection against claims arising out of
performance of professional design or related services, and caused by a negligent error,
omission, or act for which Design -Builder is legally liable.
2. If in the performance of this Contract any Design Professional Services, or other
professional engineering or similar services, are to be performed by an independent
design professional, under direct contract to Design -Builder or at any lower contractual
tier, then Design -Builder shall be responsible for assuring that such independent design
professional purchases and maintains professional liability insurance. This insurance
shall provide protection against claims arising out of performance of professional design
or related services, and caused by a negligent error, omission, or act for which the
independent design professional is legally liable.
3. If a Construction Subcontractor at any tier will provide or furnish design, engineering, or
other similar professional services under this Contract, as the result of a delegation of
professional design responsibilities or otherwise, then Design -Builder shall assure that
such Construction Subcontractor purchases and maintains applicable professional
liability insurance. This insurance shall provide protection against claims arising out of
performance of professional design or related services, and caused by a negligent error,
omission, or act for which the insured party is legally liable.
4. Any professional liability insurance required under this Contract shall be maintained
throughout the duration of the Contract and for a minimum of three years after
Substantial Completion. For each claims -made professional liability policy furnished and
maintained to satisfy the requirements of this Paragraph 6.03.1, the retroactive date on
the policy shall pre -date the commencement of furnishing services on the Project.
J. General provisions: The policies of insurance required by this Paragraph 6.03 shall:
1. Include at least the specific coverages provided in this Article.
2. Be written for not less than the limits of coverage provided in this Article and in the
Supplementary Conditions, or required by Laws or Regulations, whichever is greater.
3. Contain a provision or endorsement that the coverage afforded will not be canceled,
materially changed, or renewal refused until at least 10 days' prior written notice has
been given to Design -Builder. Within 3 days of receipt of any such written notice,
Design -Builder shall provide a copy of the notice to Owner and each other insured under
the policy.
4. Remain in effect at least until final payment and Design -Builder's departure from the
Site (and longer if expressly required elsewhere in this Contract), and at all times
thereafter when Design -Builder may be correcting, removing, or replacing defective
Construction as a warranty or correction obligation, or otherwise, or returning to the
Site to conduct other tasks arising from the Contract Documents.
5. Provide applicable protection from claims that may arise out of or result from the
performance of the Work, whether such performance is by Design -Builder, a Project
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Design Professional, any Construction Subcontractor or Supplier, or anyone directly or
indirectly retained by any of them to perform any of the Work, or by anyone for whose
acts any of them may be liable.
6.04 Owner's Liability Insurance
A. In addition to the liability insurance required to be provided by Design -Builder, the Owner,
at Owner's option and expense, may purchase and maintain Owner's own liability insurance
to protect Owner against claims which may arise with respect to the Project.
B. Owner's liability policies, if any, operate separately and independently from policies
required to be provided by Design -Builder, and Design -Builder cannot rely upon Owner's
liability policies for any of Design -Builder's obligations to the Owner or third parties.
6.05 Property Insurance
A. Builder's Risk: Unless otherwise provided in the Supplementary Conditions, Design -Builder
shall purchase and maintain builder's risk insurance upon the Construction on a completed
value basis, in the amount of the full insurable 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 Owner and Design -Builder as named insureds, and all Construction
Subcontractors, and any individuals or entities required by the Supplementary
Conditions to be insured under such builder's risk policy, as insureds or named insureds.
For purposes of the remainder of this Paragraph 6.05, Paragraphs 6.06 and 6.07, and
any corresponding Supplementary Conditions, the parties required to be insured shall
collectively be referred to as "insureds."
2. Be written on a builder's risk "all risk" policy form that shall at least include insurance
for physical loss or damage to the Construction, temporary buildings, falsework, and
materials and equipment in transit, and shall insure against at least the following perils
or causes of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle
impact; aircraft; smoke; theft; vandalism and malicious mischief; mechanical
breakdown, boiler explosion, and artificially generated electric current; earthquake;
volcanic activity, and other earth movement; flood; collapse; explosion; debris removal;
demolition occasioned by enforcement of Laws and Regulations; water damage (other
than that caused by flood); and such other perils or causes of loss as may be specifically
required by the Supplementary Conditions. If insurance against mechanical breakdown,
boiler explosion, and artificially generated electric current; earthquake; volcanic activity,
and other earth movement; or flood, are not commercially available under builder's risk
policies, by endorsement or otherwise, such insurance may be provided through other
insurance policies acceptable to Owner and Design -Builder.
3. Cover, as insured property, at least the following: (a) the Construction (including but not
limited to all buildings, structures, foundations, excavations, underground property,
pilings, underground pipes, flues, drains, wiring, cables, and the like) and all materials,
supplies, machinery, apparatus, equipment, fixtures, and other property of a similar
nature that are to be incorporated into the Construction, including Owner -furnished or
assigned property; (b) spare parts inventory required within the scope of the Contract;
and (c) temporary works which are not intended to form part of the permanent
Construction but which are intended to provide working access to the Site, or to the
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Construction, or which are intended to provide temporary support for the Construction,
including scaffolding, form work, fences, shoring, lighting, cribbing, falsework, and
temporary structures.
4. Cover expenses incurred in the repair or replacement of any insured property (including
but not limited to fees and charges of engineers and architects).
5. Extend to cover damage or loss to insured property while in temporary storage at the
Site or in a storage location outside the Site (but not including property stored at the
premises of a manufacturer or Supplier).
6. Extend to cover damage or loss to insured property while in transit.
7. Allow for partial occupation or use of the Construction by Owner, such that those
portions of the Construction that are not yet occupied or used by Owner shall remain
covered by the builder's risk insurance.
8. Provide for the waiver of claims and waiver of the insurer's subrogation rights, as set
forth in Paragraph 6.06.
9. Provide primary coverage for all losses and damages caused by the perils or causes of
loss covered.
10. Not include a co-insurance clause.
11. Include an exception for ensuing losses from physical damage or loss with respect to any
defective workmanship, design, or materials exclusions.
12. Include performance/hot testing and start-up.
13. Be maintained in effect, subject to the provisions herein regarding Substantial
Completion and partial occupancy or use of the Construction by Owner, until the
Construction is complete.
B. Notice of Cancellation or Change: All the policies of insurance (and the certificates or other
evidence thereof) required to be purchased and maintained in accordance with this
Paragraph 6.05 will contain a provision or endorsement that the coverage afforded will not
be canceled or materially changed or renewal refused until at least 10 days' prior written
notice has been given to the purchasing policyholder. Within 3 days of receipt of any such
written notice, the purchasing policyholder shall provide a copy of the notice to each other
insured.
C. Deductibles: The purchaser of any required builder's risk or property insurance shall pay for
costs not covered because of the application of a policy deductible.
D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the
Construction prior to Substantial Completion of all the Work as provided in Paragraph 14.04,
then Owner (directly, if it is the purchaser of the builder's risk policy, or through Design -
Builder) will provide notice of such occupancy or use to the builder's risk insurer. The
builder's risk insurance shall not be canceled or permitted to lapse on account of any such
partial use or occupancy; rather, those portions of the Construction that are occupied or
used by Owner may come off the builder's risk policy, while those portions of the
Construction not yet occupied or used by Owner shall remain covered by the builder's risk
insurance.
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E. Additional Insurance: If Design -Builder elects to obtain other special insurance to be
included in or supplement the builder's risk or property insurance policies provided under
this Paragraph 6.05, it may do so at Design -Builder's expense.
F. Insurance of Other Property: If the express insurance provisions of the Contract do not
require or address the insurance of a property item or interest, such as tools, construction
equipment, or other personal property owned by Design -Builder, a Construction
Subcontractor, or an employee of Design -Builder or a Construction Subcontractor, then the
entity or individual owning such property item will be responsible for deciding whether to
insure it, and if so in what amount.
G. Loss of Use and Delay in Start-up: Unless otherwise expressly stated elsewhere in this
Contract, the Owner is responsible, at its option, for purchase and maintenance of insurance
to protect Owner against the loss of use or delays in start-up caused by property damage.
6.06 Waiver of Rights
A. All policies purchased in accordance with Paragraph 6.05, expressly including the builder's
risk policy, 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 insureds thereunder, or
against any Project Design Professional or its consultants, or their officers, directors,
members, partners, employees, agents, consultants, or subcontractors. Owner and Design -
Builder waive all rights against each other and the 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
Construction; and, in addition, waive all such rights against the Project Design Professionals,
their consultants, all Construction Subcontractors, all individuals or entities identified in the
Supplementary Conditions as insureds, 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 or Design -Builder as trustee or fiduciary, or otherwise payable under any policy so
issued.
B. Owner waives all rights against Design -Builder, the Project Design Professionals, and the
Construction Subcontractors, and the officers, directors, members, partners, employees,
agents, consultants and subcontractors of each and any of them, for:
1. Loss due to business interruption, loss of use, or other consequential loss extending
beyond direct physical loss or damage to Owner's property or the Construction 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
occupancy or use pursuant to Paragraph 14.04, after Substantial Completion pursuant
to Paragraph 14.03, or after final payment pursuant to Paragraph 14.06.
C. Any insurance policy maintained by Owner covering any loss, damage, or consequential loss
referred to in Paragraph 6.06.6 shall contain provisions to the effect that the insured is
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allowed to waive the insurer's rights of subrogation against Design -Builder, Project Design
Professionals, Construction Subcontractors, and the officers, directors, members, partners,
employees, agents, consultants, and subcontractors of each and any of them, in a written
contract executed prior to the loss, damage, or consequential loss.
D. Design -Builder shall be responsible for assuring that each Construction Subcontract contains
provisions whereby the Construction Subcontractor waives all rights against Owner, Design -
Builder, all individuals or entities identified in the Supplementary Conditions as insureds, the
Project Design Professionals, and the officers, directors, members, partners, employees,
agents, consultants, and subcontractors of each and any of them, for all losses and damages
caused by, arising out of, relating to, or resulting from any of the perils or causes of loss
covered by builder's risk insurance and any other property insurance applicable to the
Project.
6.07 Receipt and Application of Property Insurance Proceeds
A. Any insured loss under the builder's risk and other policies of property insurance required
by Paragraph 6.05 will be adjusted and settled with the named insured that purchased the
policy. Such named insured shall act as fiduciary for the other insureds, and give notice to
such other insureds that adjustment and settlement of a claim is in progress. Any other
insured may state its position regarding a claim for insured loss in writing within 15 days
after notice of such claim.
B. Proceeds for such insured losses may be made payable by the insurer either jointly to
multiple insureds, or to the named insured that purchased the policy in its own right and as
fiduciary for other insureds, subject to the requirements of any applicable mortgage clause.
A named insured receiving insurance proceeds under the builder's risk and other policies of
insurance required by Paragraph 6.05 shall maintain such funds in a segregated account,
and distribute such proceeds in accordance with such agreement as the parties in interest
may reach, or as otherwise required under the dispute resolution provisions of this Contract
or applicable Laws and Regulations.
C. If no other special agreement is reached, the damaged Construction shall be repaired or
replaced, the money so received applied on account thereof, and the Construction and the
cost thereof covered by Change Order, if needed.
ARTICLE 7 — DESIGN -BUILDER'S RESPONSIBILITIES
7.01 Design Professional Services
A. Design -Builder shall provide the Design Professional Services needed to successfully perform
and complete the Work required under this Contract.
B. Standard of Care: The standard of care for all Design Professional Services performed or
furnished by Design -Builder under this Contract will be the care and skill ordinarily used by
members of the subject profession practicing under similar circumstances at the same time
and in the same locality.
7.02 Construction
A. Design -Builder shall perform and furnish the Construction pursuant to the Contract
Documents, the Construction Drawings, and the Construction Specifications, as duly
modified.
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B. Design -Builder shall keep Owner advised as to the progress of the Construction.
7.03 Supervision and Superintendence of Construction
A. Design -Builder shall supervise, inspect, and direct the Construction competently and
efficiently, devoting such attention thereto and applying such skills and expertise as may be
necessary to provide the Construction in accordance with the Contract Documents. Design -
Builder shall be solely responsible for the means, methods, techniques, sequences, and
procedures of Construction.
At all times during the progress of Construction, the Design -Builder shall assign a competent
resident superintendent who shall not be replaced without written notice to Owner except
under extraordinary circumstances.
7.04 Labor, Working Hours
A. Design -Builder shall provide competent, suitably qualified personnel to perform the Work as
required by the Contract Documents. Design -Builder shall at all times maintain good
discipline and order at the Site.
B. Except as otherwise required for the safety or protection of persons or the Work or property
at the Site or adjacent thereto, and except as otherwise indicated in the Contract
Documents, and in the absence of any Laws or Regulations to the contrary, Design -Builder
may perform the Construction on legal holidays, during any or all hours of the day, and on
any or all days of the week, at Design -Builder's sole discretion.
7.05 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, Design -Builder shall furnish or cause
to be furnished and assume full responsibility for all services, materials, equipment, labor,
transportation, construction equipment and machinery, tools, appliances, fuel, power, light,
heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and
incidentals necessary for the performance, testing, start-up, and completion of the Work.
All materials and equipment incorporated into the Work shall be as specified by Owner or in
the Construction Drawings or Construction Specifications, and unless specified otherwise
shall be new and of good quality. All warranties and guarantees specifically called for by the
Contract Documents shall expressly run to the benefit of Owner. If required by Owner,
Design -Builder shall furnish satisfactory evidence (including reports of required tests) as to
the source, kind, and quality of materials and equipment.
C. All materials and equipment shall be stored, applied, installed, connected, erected,
protected, used, cleaned, and conditioned in accordance with instructions of the applicable
Supplier, except as otherwise provided in the Contract Documents.
7.06 "Or Equals" and Substitutions
A. If an item of material or equipment is specified or described in the Contract Documents by
using the name of a proprietary item or the name of a particular Supplier, then during the
preparation of the proposed Construction Drawings and Construction Specifications, the
Design -Builder may request that Owner authorize the use of other items of material or
equipment, or items from other proposed suppliers, by including the proposed items in the
proposed Construction Drawings or Construction Specifications, with required notice to
Owner that the Submittal contains a variation from the Contract Documents. Owner in its
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sole discretion may approve the use of the item if Owner determines that the item is
functionally equal to that named and sufficiently similar so that no change in related Work
will be required, taking into consideration whether the item:
1. Is at least equal in materials of construction, quality, durability, appearance, strength,
and design characteristics;
2. Will reliably perform at least equally well the function and achieve the results imposed
by the design concept of the completed Project as a functioning whole;
3. Has a proven record of performance and availability of responsive service; and
4. Is not objectionable.
B. Effect of Owner's Determination: Neither approval nor denial of an "or -equal" request shall
result in any change in Contract Price. The denial of an "or -equal" request shall be final and
binding, and may not be reversed through an appeal under any provision of the Contract
Documents.
C. Substitutes: During the preparation of the proposed Construction Drawings and
Construction Specifications, the Design -Builder may propose a substitute to an item of
material or equipment that is required to be furnished by the Contract Documents. Any such
proposal shall be made in a transmittal to Owner that is separate from and independent of
any Design Submittals. The proposal shall describe the advantages, disadvantages, and
changes in Contract Price or Contract Time associated with the proposed substitute.
Approval of the proposed substitute shall be at Owner's sole discretion. If approved, the
substitute item shall be incorporated in the Construction Drawings and Construction
Specifications.
D. Design Professional Review: Before Design -Builder transmits its proposal to Owner, the
Project Design Professional that designed the portion of the Work affected by the proposed
"or equal" or substitute shall review and approve the proposal.
E. Construction Drawings and Construction Specifications: "Or equal" or substitute proposals
with respect to items of material or equipment that are required in the Construction
Drawings and Construction Specifications shall be considered proposed modifications of the
Construction Drawings and Construction Specifications, and shall be governed by the
provisions of Paragraph 8.02.H.
7.07 Concerning Project Design Professionals, Construction Subcontractors, Suppliers, and Others
A. Design -Builder may retain Project Design Professionals, Construction Subcontractors, and
Suppliers for the performance of parts of the Work. Such Project Design Professionals,
Construction Subcontractors, and Suppliers must be acceptable to Owner.
B. Design -Builder shall retain specific Project Design Professionals, Construction
Subcontractors, Suppliers, or other individuals or entities for the performance of designated
parts of the Work if required to do so by the Contract Documents (including but not limited
to the Proposal Amendment) as of the Effective Date.
C. Prior to entry into any binding Design Agreement, Construction Subcontract, or purchase
order, Design -Builder shall submit to Owner the identity of the proposed Project Design
Professional, Construction Subcontractor, or Supplier (unless Owner has already deemed
such proposed contractual party acceptable, during the bidding process or otherwise). Such
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proposed contractual party shall be deemed acceptable to Owner unless Owner raises a
substantive, reasonable objection within 5 days.
D. Owner may require the replacement of any Project Design Professional, Construction
Subcontractor, Supplier, or other entity retained by Design -Builder to perform any part of
the Work solely on the basis of substantive, reasonable objection after due investigation.
Design -Builder shall submit an acceptable replacement for the rejected Project Design
Professional, Construction Subcontractor, Supplier, or other entity.
E. If Owner requires the replacement of any Project Design Professional, Construction
Subcontractor, Supplier, or other entity retained by Design -Builder to perform any part of
the Work, then Design -Builder shall be entitled to an adjustment in Contract Price or
Contract Times, or both, with respect to the replacement.
F. No acceptance by Owner of Engineer or of any Project Design Professional, Construction
Subcontractor, Supplier, or other entity, whether initially or as a replacement, shall
constitute a waiver of the right of Owner to the completion of the Work in accordance with
the Contract Documents.
G. Design -Builder shall be fully responsible to Owner for all acts and omissions of the Project
Design Professionals, Construction Subcontractors, Suppliers, and other individuals or
entities performing or furnishing any of the Work, just as Design -Builder is responsible for
Design -Builder's own acts and omissions.
H. Design -Builder shall be solely responsible for scheduling and coordinating the services and
work of the Project Design Professionals, Construction Subcontractors, Suppliers, and all
other individuals or entities performing or furnishing any of the Work.
I. Design -Builder shall restrict all Project Design Professionals, Construction Subcontractors,
Suppliers, and such other individuals or entities performing or furnishing any of the Work
from communicating directly with Owner, except in case of an emergency or a matter
involving public health, safety, or welfare, or as otherwise expressly allowed herein.
J. Owner may furnish to any Project Design Professional, Construction Subcontractor, or
Supplier, to the extent practicable, information about amounts paid to Design -Builder on
account of Work performed for Design -Builder by the requesting party.
K. Nothing in the Contract Documents:
1. Shall create for the benefit of any Project Design Professional, Construction
Subcontractor, Supplier, or other third -party individual or entity any contractual
relationship between Owner and such third -party individual or entity; nor
2. Shall create any obligation on the part of Owner to pay or to see to the payment of any
money due any Project Design Professional, Construction Subcontractor, Supplier, or
other third -party individual or entity except as may otherwise be required by Laws and
Regulations.
7.08 Patent Fees and Royalties
A. Design -Builder shall pay all license fees and royalties and assume all costs incident to the use
in the performance of the Work or the incorporation in the Work of any invention, design,
process, product, or device which is the subject of patent rights or copyrights held by others.
If a particular invention, design, process, product, or device is specified in the Conceptual
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Documents or other Contract Documents for use in the performance of the Construction,
and if to the actual knowledge of Owner its use is subject to patent rights or copyrights
calling for the payment of any license fee or royalty to others, then Owner has disclosed the
existence of such rights to Design -Builder in the Conceptual Documents or other Contract
Documents.
B. To the fullest extent permitted by Laws or Regulations, Design -Builder shall indemnify and
hold harmless Owner and Owner's Consultant, and the officers, directors, partners,
employees or agents, and other consultants of each and any of them from and against all
claims, costs, losses and damages (including but not limited to all fees and charges of
engineers, architects, attorneys and other professionals and all court or arbitration or other
dispute resolution costs) arising out of or resulting from any infringement of patent rights or
copyrights incident to the use in the performance of the Work or resulting from the
specification or incorporation in the Work of any invention, design, process, product or
device, except those required by the Contract Documents.
C. To the fullest extent permitted by Laws or Regulations, Owner shall indemnify and hold
harmless Design -Builder and its officers, directors, members, partners, employees or agents,
Project Design Professionals, Construction Subcontractors, and Suppliers from and against
all claims, costs, losses and damages (including but not limited to all fees and charges of
engineers, architects, attorneys and other professionals and all court or arbitration or other
dispute resolution costs) arising out of or resulting from any infringement of patent rights or
copyrights incident to the use in the performance of the Work or resulting from the
incorporation in the Work of any invention, design, process, product or device required by
the Contract Documents, but not identified by Owner as being subject to payment of any
license fee or royalty to others required by patent rights or copyrights.
7.09 Permits and Utility Charges
A. The Contract Documents allocate responsibility for obtaining and paying for specified
permits, licenses, certificates of occupancy, and approvals of governmental authorities
having jurisdiction over the Work. Each party shall assist the other, when necessary, in
obtaining such permits, licenses, certificates, and approvals.
B. Design -Builder shall pay all charges of utility owners for temporary service to the Work.
Owner shall pay all charges of utility owners for connections for providing permanent
service to the Work, and for capital costs related thereto.
7.10 Taxes
A. Design -Builder shall pay all sales, consumer, use, and other similar taxes required to be paid
by Design -Builder in accordance with the Laws or Regulations of the place of the Project
which are applicable during the performance of the Work.
7.11 Laws and Regulations
A. Design -Builder shall give all notices required by and comply with all Laws and Regulations
applicable to the performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, Owner shall not be responsible for monitoring Design -
Builder's compliance with any Laws or Regulations.
B. If Design -Builder performs any Work knowing or having reason to know that it is contrary to
Laws or Regulations, Design -Builder shall bear all claims, costs, losses, and damages
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(including but not limited to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other dispute resolution costs) arising out
of or relating to such Work.
C. Changes in Laws or Regulations that occur after the date on which the Design -Builder
committed to the Contract Price (whether by negotiation or making an offer or proposal)
and affect the cost or time of performance shall be the subject of an equitable change in
Contract Price or Contract Times.
7.12 Record Documents
A. Design -Builder shall maintain the Record Documents in good order, in a safe place at the
Site. Design -Builder shall annotate the Record Documents to show all changes and
clarifications made (whether in the field or otherwise) during performance of Construction.
The Record Documents, as annotated, will be available to Owner for reference. Upon
completion of the Construction, Design -Builder shall deliver the Record Documents, as
annotated, to Owner.
B. After receipt and review of the Record Documents from Design -Builder upon completion of
Construction, the Owner may comment on any possible inaccuracies. After Owner and
Design -Builder collaboratively address any such comments, the Record Documents shall be
deemed to be Record Drawings and Record Specifications.
C. The Record Drawings and Record Specifications are Contract Documents, and are binding
upon Design -Builder with respect to its obligations to comply with the Contract Documents,
including but not limited to correction period responsibilities and warranty obligations.
7.13 Safety and Protection
A. Design -Builder shall be solely responsible for initiating, maintaining, and supervising all
safety precautions and programs in connection with the Work. Such responsibility does not
relieve Construction Subcontractors of their responsibility for the safety of persons or
property in the performance of their work, nor for compliance with applicable safety Laws
and Regulations. Design -Builder shall take all necessary precautions for the safety of, and
shall provide the necessary protection to prevent damage, injury, or loss to:
1. All persons on the Site or who may be affected by the Work;
2. All the Work and materials and equipment to be incorporated therein, whether in
storage on or off the Site; and
3. Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities and Underground Facilities not designated for
removal, relocation, or replacement in the course of Construction.
B. Design -Builder shall comply with applicable Laws and Regulations relating to the safety of
persons or property, or to the protection of persons or property from damage, injury, or
loss; and shall erect and maintain all necessary safeguards for such safety and protection.
Design -Builder shall notify Owner; the owners of adjacent property, Underground Facilities,
and other utilities; and other contractors and utility owners performing work at or adjacent
to the Site, when prosecution of the Work may affect them, and shall cooperate with them
in the protection, removal, relocation, and replacement of their property or work in
progress.
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C. Design -Builder 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. Design -Builder shall inform Owner of the specific requirements of Design -Builder's safety
program with which Owner and its employees and representatives must comply while at the
Site.
E. All damage, injury, or loss to any property referred to in Paragraph 7.13.A.2 or 7.13.A.3
caused, directly or indirectly, in whole or in part, by Design -Builder, any Construction
Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by
any of them to perform any of the Work, or anyone for whose acts any of them may be
liable, shall be remedied by Design -Builder.
F. Design -Builder's duties and responsibilities for safety and for protection of the Construction
shall continue until such time as all the Work is completed, Owner has issued a notice to
Design -Builder in accordance with Paragraph 14.06.6 that the Work is acceptable (except as
otherwise expressly provided in connection with Substantial Completion), and Design -
Builder has left the Site.
G. Design -Builder's duties and responsibilities for safety and protection shall resume whenever
Design -Builder or any Construction Subcontractor, Supplier, or other representative returns
to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from
the Contract Documents.
7.14 Safety Representative
A. Design -Builder shall designate a qualified and experienced safety representative at the Site
whose duties and responsibilities shall be the prevention of accidents and the maintaining
and supervising of safety precautions and programs.
7.15 Hazard Communication Programs
A. Design -Builder shall be responsible for coordinating any exchange of safety data sheets or
other hazard communication information required to be made available to or exchanged
between or among employers at the Site in accordance with Laws or Regulations.
7.16 Emergencies
A. In emergencies affecting the safety or protection of persons or the Work or property at the
Site or adjacent thereto, Design -Builder is obligated to act to prevent threatened damage,
injury or loss. Design -Builder shall give Owner prompt written notice if Design -Builder
believes that any significant changes in the Work or variations from the Contract Documents
have been caused thereby or are required as a result thereof. If a change in the Contract
Documents is required because of the action taken by Design -Builder in response to such an
emergency, a Work Change Directive or Change Order will be issued.
7.17 Post -Construction Phase
A. Design -Builder shall:
1. Provide assistance in connection with the start-up and testing of any equipment or
system.
2. Assist Owner in training staff to operate and maintain the Work.
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7.18 Design -Builder's General Warranty and Guarantee
A. Design -Builder warrants and guarantees to Owner that Design -Builder will perform and
complete the Construction as required by the Contract Documents, and that all Construction
will be in accordance with the Contract Documents, the Construction Drawings, and the
Construction Specifications (as duly modified in accordance with the Contract), and will not
be defective.
B. Design -Builder's warranty and guarantee hereunder excludes defects or damage caused by:
1. Abuse, modification or improper maintenance or operation by persons other than
Design -Builder, Construction Subcontractors, or Suppliers or any other individual for
whom Design -Builder is responsible; or
2. Normal wear and tear under normal usage.
C. None of the following will constitute an acceptance by Owner of Work that is not in
accordance with the Contract Documents or a release of Design -Builder's obligation to
perform the Work in accordance with the Contract Documents, unless expressly stated
otherwise in writing:
1. Observations by Owner;
2. The making of any progress or final payment;
3. The issuance of a certificate of Substantial Completion;
4. Use or occupancy of the Work or any part thereof by Owner;
5. Any review and approval of a Submittal;
6. Any inspection, test, or approval by others; or
7. Any correction of defective Construction by Owner.
7.19 Indemnification
A. To the fullest extent permitted by Laws and Regulations, Design -Builder shall indemnify and
hold harmless Owner, Owner's Consultant, and their officers, directors, members, partners,
employees, agents, consultants, and subcontractors, from losses, damages, and judgments
(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
from third -party claims or actions relating to or resulting from the performance or
furnishing of the Work, provided that any such claim, action, loss, damages, or judgment is
attributable to bodily injury, sickness, disease, or death, or to damage to or destruction of
tangible property (other than the Work itself) including the loss of use resulting therefrom,
but only to the extent caused by any negligent act or omission of Design -Builder, a Project
Design Professional, any Construction Subcontractor, any Supplier, or any of their officers,
directors, members, partners, employees, agents, consultants, or subcontractors.
B. In any and all claims or actions against Owner, Owner's Consultant, 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 Design -Builder, a
Project Design Professional, any Construction Subcontractor, any Supplier, any individual or
entity directly or indirectly employed or retained by any of them to perform any of the
Work, or anyone for whose acts any of them may be liable, the indemnification obligation
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under Paragraph 7.19.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 Design -Builder, a Project
Design Professional, or any Construction Subcontractor, Supplier, or other individual or
entity under workers' compensation acts, disability benefit acts, or other employee benefit
acts.
C. The indemnification obligations of Design -Builder under Paragraph 7.19.A shall not extend
to the liability of Owner's Consultant, other consultants or design professionals of Owner, or
their officers, directors, members, partners, employees, agents, consultants, or
subcontractors arising out of the preparation or approval of maps, drawings, opinions,
reports, surveys, designs, or specifications.
ARTICLE 8 — SUBMITTALS
8.01 Design -Builder's Preparation of Submittals
A. Design Submittals shall be prepared by Project Design Professionals, on behalf of Design -
Builder.
B. The appropriate Project Design Professional shall review and approve each Submittal
(including but not limited to all Design Submittals), other than those Submittals not
involving technical or engineering matters, before Design -Builder's transmittal of such
Submittal to Owner. Such review and approval shall account for the following, as
appropriate:
1. That any items covered by such Submittal will, after installation or incorporation in the
Construction, comply with the information and requirements in the Contract Documents
and the Construction Drawings and Construction Specifications, as duly modified, and
be compatible with the design concept of the completed Project as a functioning whole
as indicated by the Contract Documents, Construction Drawings, and Construction
Specifications, as duly modified.
2. That if the Submittal includes any proposed modification of the Contract Documents,
Construction Drawings, or Construction Specifications, or any proposed variation from
the requirements of such documents, such proposed modification or variation is
acceptable based on the standards of the engineering profession (or other applicable
design profession), and if implemented will be supported by signing or sealing by a
licensed design professional, as necessary.
C. Before Design -Builder's transmittal of a Submittal to Owner, the Design -Builder shall, as
applicable:
1. Review and coordinate the Submittal with other Submittals and with the requirements
of the Work, the Contract Documents, the Construction Drawings, and the Construction
Specifications, as duly modified;
2. Determine and verify all field measurements, quantities, dimensions, specified
performance and design criteria, installation requirements, materials, catalog numbers,
and similar information with respect to the Submittal, and confirm that the Submittal is
complete with respect to all related data included in the Submittal;
3. Determine and verify the suitability of proposed materials and equipment with respect
to the indicated application, fabrication, shipping, handling, storage, assembly, and
installation; and
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4. Determine and verify all information relative to Design -Builder's responsibilities for the
means, methods, techniques, sequences, and procedures of construction, and for safety
precautions and programs incident thereto.
D. Design -Builder shall give Owner specific written notice of any proposed modification of the
Contract Documents, Construction Drawings, or Construction Specifications, and any
variations that a Submittal may have from the requirements of the Contract Documents,
Construction Drawings, and Construction Specifications, as duly modified. This notice shall
be set forth in a written communication separate from the Submittal; and, in addition, in the
case of a Submittal in drawing form, by a specific notation made on the drawing itself.
E. Each Submittal shall bear a stamp or specific written certification by Design -Builder that it
has satisfied its obligations under the Contract Documents with respect to preparation of
the Submittal, and that Design -Builder approves the Submittal.
F. All Submittals must be acceptable based on compliance with form and content
requirements of the Contract Documents. Design -Builder shall submit Design Submittals for
Owner's review and approval. Other Submittals shall not require express approval, except as
indicated in the Supplementary Conditions or elsewhere in the Contract Documents.
8.02 Owner's Review of Submittals
A. Owner will review all Submittals, and may comment on any Submittal. Any response to a
Submittal by Owner shall be in accordance with the schedule of required Submittals
accepted by Owner as required by Paragraph 2.07, and the provisions of the Contract
Documents.
B. For those Submittals requiring Owner's review and approval, Owner's response will be in
writing and will indicate either that Owner approves the Submittal or rejects the Submittal.
Owner may also include comments regarding the approved or rejected Submittal. For those
Submittals that do not require approval, the Submittal shall be deemed acceptable to
Owner unless Owner responds with a timely objection or adverse comment.
C. Unless a specific provision of the Contract Documents expressly provides otherwise,
Owner's review of a Submittal will be to determine if the Submittal complies with and is
consistent with the Contract Documents. If Owner concludes that a Submittal requiring
approval complies with and is consistent with the Contract Documents, the Owner shall
approve such Submittal.
D. Owner's approval, rejection, or acceptance of a Submittal will not extend to the means,
methods, techniques, sequences, or procedures of Construction, or to safety precautions or
programs incident thereto.
E. Owner's review, comments, approval, rejection, or acceptance of Submittals shall not
relieve Design -Builder from responsibility for (1) performance of the Work in accordance
with the Contract Documents, (2) the scheduling and progress of the Work, (3) the means,
methods, sequences, techniques, and procedures of Construction, and safety precautions
and programs incident thereto, or (4) any variation from the requirements of the Contract
Documents, unless Design -Builder has in a separate written communication at the time of
submission called Owner's attention to each such variation, and Owner has given written
approval of each such variation; nor shall Owner's review, comments, approval, rejection, or
acceptance of a Submittal impose any such responsibility on Owner.
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F. Construction tasks and expenditures by Design -Builder prior to Owner's review and approval
or acceptance of any Submittal will be at the sole risk of Design -Builder.
G. In reviewing, approving, rejecting, accepting, or commenting on any Design Submittal,
Owner does not assume responsibility for the design, for any deficiencies in the Design
Submittal or in the Design Professional Services by which they were prepared, or for
constructability, cost, or schedule problems that may arise in connection with the Design
Submittal.
H. The parties acknowledge that Design -Builder's design responsibilities continue after
commencement of Construction. During the course of Construction, the Design -Builder may
propose modifications to the Construction Drawings and Construction Specifications. Owner
shall approve such proposed modifications if (1) they comply with and are consistent with
the Contract Documents, (2) Design -Builder has demonstrated that the modification is
minor in character, or will not be detrimental to the quality and function of the Work, (3)
the appropriate Project Design Professional has reviewed and approved the proposed
modification with respect to any technical or engineering matters, and (4) Owner has not
relied on the previously -approved Construction Drawings and Construction Specifications,
such that the proposed modification would be detrimental to the Owner's interests. At its
option, Owner may also approve more substantial or divergent proposed modifications,
provided that the appropriate Project Design Professional has reviewed and approved the
proposed modification with respect to any technical or engineering matters.
ARTICLE 9 — OTHER CONSTRUCTION
9.01 Other Work
A. In addition to and apart from the Work to be performed and furnished by Design -Builder
under the Contract Documents, the Owner may perform other construction work at or
adjacent to the Site during the course of the Project. Such other work may be performed by
Owner's employees, or through contracts between the Owner and third parties. Owner may
also arrange to have third -party utility owners perform work on their utilities and facilities at
or adjacent to the Site.
B. If Owner performs other work at or adjacent to the Site with Owner's employees, or
through contracts for such other work, then Owner shall give Design -Builder written notice
thereof prior to starting any such other work. If Owner has advance information regarding
the start of any third -party utility work at or adjacent to the Site, Owner shall provide such
information to Design -Builder.
C. Design -Builder shall afford proper and safe access to the Site to each contractor that
performs such other work, each utility owner performing other work, and to Owner, if
Owner is performing other work with Owner's employees, and provide a reasonable
opportunity for the introduction and storage of materials and equipment and the execution
of such other work. Design -Builder shall do all cutting, fitting, and patching of the
Construction that may be required to properly connect or otherwise make its several parts
come together and properly integrate with such other work. Design -Builder shall not
endanger any work of others by cutting, excavating, or otherwise altering such work;
provided, however, that Design -Builder may cut or alter others' work with the written
consent of Owner and the others whose work will be affected.
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D. If the proper execution or results of any part of the Construction depends upon work
performed by others under this Article 9, Design -Builder shall inspect such other work and
promptly report to Owner in writing any delays, defects, or deficiencies in such other work
that render it unavailable or unsuitable for the proper execution and results of the
Construction. Design -Builder's failure to so report will constitute an acceptance of such
other work as fit and proper for integration with the Construction, except for latent defects
and deficiencies in such other work.
9.02 Coordination
A. If Owner intends to contract with others for the performance of other work at or adjacent to
the Site, to perform other work at or adjacent to the Site with Owner's employees, or to
arrange to have utility owners perform work at or adjacent to the Site, the following will be
set forth in the Supplementary Conditions or provided to Design -Builder prior to the start of
any such other work:
1. The identity of the individual or entity that will have authority and responsibility for
coordination of the activities among the various contractors;
2. An itemization of the specific matters to be covered by such authority and
responsibility; and
3. The extent of such authority and responsibilities.
B. If the Supplementary Conditions do not identify the individual or entity that will have
authority and responsibility for coordination of the activities among the various contractors,
Owner shall have sole authority and responsibility for such coordination.
9.03 Legal Relationships
A. If, in the course of performing other work for Owner at or adjacent to the Site, the Owner's
employees, any other contractor working for Owner, or any utility owner that Owner has
arranged to perform work, causes damage to the Construction or to the property of Design -
Builder or the Construction Subcontractors, or delays, disrupts, interferes with, or increases
the scope or cost of the performance of the Construction, through actions or inaction, then
Design -Builder shall be entitled to an equitable adjustment in the Contract Price or the
Contract Times, or both. The entitlement to, and extent of, any such equitable adjustment
shall take into account information (if any) regarding such other work that was provided to
Design -Builder in the Contract Documents, and any provisions in Laws or Regulations
concerning utility action or inaction, or related remedies. When applicable, any such
equitable adjustment in Contract Price shall be conditioned on Design -Builder assigning to
Owner all Design -Builder's rights against such other contractor or utility owner with respect
to the damage, delay, disruption, or interference that is the subject of the adjustment.
Design -Builder's entitlement to an adjustment of the Contract Times is conditioned on such
adjustment being essential to Design -Builder's ability to complete the Work within the
Contract Times.
B. Design -Builder shall take reasonable and customary measures to avoid damaging, delaying,
disrupting, or interfering with the work of Owner, any other contractor, or any utility owner
performing other work at or adjacent to the Site. If Design -Builder fails to take such
measures and as a result damages, delays, disrupts, or interferes with the work of any such
other contractor or utility owner, then Owner may impose a set-off against payments due to
Design -Builder, and assign to such other contractor or utility owner the Owner's contractual
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rights against Design -Builder with respect to the breach of the obligations set forth in this
paragraph.
C. When Owner is performing other work at or adjacent to the Site with Owner's employees,
Design -Builder shall be liable to Owner for damage to such other work, and for the
reasonable direct delay, disruption, and interference costs incurred by Owner as a result of
Design -Builder's failure to take reasonable and customary measures with respect to Owner's
other work. In response to such damage, delay, disruption, or interference, Owner may
impose a set-off against payments due to Design -Builder.
D. If Design -Builder damages, delays, disrupts, or interferes with the work of any other
contractor, or any utility owner performing other work at or adjacent to the Site, through
Design -Builder's failure to take reasonable and customary measures to avoid such impacts,
or if any claim arising out of Design -Builder's actions, inactions, or negligence in
performance of the Work at or adjacent to the Site is made by any such other contractor or
utility owner against Design -Builder or Owner, then Design -Builder shall (1) promptly
attempt to settle the claim as to all parties through negotiations with such other contractor
or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution
proceeding or at law, and (2) indemnify and hold harmless Owner and its officers, directors,
members, partners, employees, agents, consultants and subcontractors from and against
any such claims, and against all costs, losses, and damages (including but not limited to all
fees and charges of engineers, architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of or relating to such damage,
delay, disruption, or interference.
ARTICLE 10 — OWNER'S RESPONSIBILITIES
10.01 General
A. Owner shall do the following in a timely manner so as not to delay the services of Design -
Builder:
1. If requested in writing by Design -Builder, furnish reasonable evidence satisfactory to
Design -Builder that sufficient funds are available and committed for the entire cost of
the Project. Unless such reasonable evidence is furnished, Design -Builder is not required
to commence or continue any Work, or may, if such evidence is not presented within a
reasonable time, stop Work upon 15 days' notice to the Owner;
Make payments to Design -Builder promptly when they are due, as provided in
Paragraph 14.01 and 14.06;
3. Furnish the Site as set forth in Paragraph 5.01; arrange for safe access to and make all
provisions for Design -Builder to enter upon public and private property as may
reasonably be required for Design -Builder to perform Work under the Contract.
4. Furnish to Design -Builder, as required for performance of the Work, the following, all of
which Design -Builder may use and rely upon in performing services under this
Agreement:
a. Environmental assessment and impact statements;
b. Property, boundary, easement, right-of-way, and other special engineering surveys
or data;
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c. Property descriptions;
d. Zoning, deed, and other land use restrictions;
e. Utility and topographic mapping and surveys;
f. Explorations and tests of subsurface conditions at or adjacent to the Site;
geotechnical reports and investigations; drawings of physical conditions relating to
existing surface or subsurface structures at the Site; any information or data known
to Owner concerning underground facilities at the Site; hydrographic surveys,
laboratory tests and inspections of samples, materials, and equipment; with
appropriate professional interpretation of such information or data;
g. Any other available information pertinent to the Project including reports and data
relative to previous designs, or investigation at or adjacent to the Site;
h. Engineering surveys to establish reference points which in Owner's judgment are
necessary to enable Design -Builder to proceed with the Work;
i. Assistance to Design -Builder in filing documents required to obtain necessary
permits, licenses, and approvals of governmental authorities having jurisdiction over
the Project; and
j. Permits, licenses, and approvals of government authorities that the Contract
Documents expressly require Owner to obtain.
S. Provide information known to Owner relating to the presence of materials and
substances at the Site that could create a Hazardous Environmental Condition.
B. If an obligation ascribed to Owner in Paragraph 10.01.A is expressly assigned to Design -
Builder, in the description of the Work or elsewhere in the Contract Documents, then such
express assignment to Design -Builder shall supersede the provision in Paragraph 10.01.A.
C. Recognizing and acknowledging that Design -Builder's services and expertise do not include
the following services, Owner shall furnish or obtain, as required for the Project:
a. Accounting, bond and financial advisory (including, if applicable, "municipal advisor"
services as described in Section 975 of the Dodd -Frank Wall Street Reform and
Consumer Protection Act (2010) and the municipal advisor registration rules issued by
the Securities and Exchange Commission), independent cost estimating, and insurance
counseling services.
b. Legal services with regard to issues pertaining to the Project as Owner requires, or
Design -Builder reasonably requests.
c. Such auditing services as Owner requires to review cost submittals or ascertain how or
for what purpose Design -Builder has used the money paid.
D. Examine all studies, reports, alternate solutions, sketches, drawings, specifications,
proposals, Submittals (including Design Submittals), and other documents presented by
Design -Builder (including obtaining advice of an attorney, insurance counselor, and other
consultants as Owner deems appropriate with respect to such examination), and if a
decision is required with respect to any such document, render such decision in writing
pursuant to any specific schedule, or if no specific schedule pertains, within a reasonable
time after receipt of the document.
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10.02 Insurance
A. Owner's responsibilities with respect to purchasing and maintaining liability and property
insurance are set forth in Article 6.
10.03 Limitations on Owner's Responsibilities
A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible
for, Design -Builder's means, methods, techniques, sequences, or procedures of
construction, or the safety precautions and programs incident thereto, or for any failure of
Design -Builder to comply with Laws or Regulations applicable to the furnishing or
performance of the Work. Owner will not be responsible for Design -Builder's failure to
perform the Work in accordance with the Contract Documents.
10.04 Undisclosed Hazardous Environmental Condition
A. Owner's responsibility with respect to undisclosed Hazardous Environmental Conditions
uncovered or revealed at the Site is set forth in Paragraph 5.06.
10.05 Owner's Site Representative
A. Owner may furnish an Owner's Site Representative to observe the performance of
Construction. The duties, responsibilities and limitations of authority of any such Owner's
Site Representative and assistants will be as provided in the Supplementary Conditions.
10.06 Owner's Consultants and Managers
A. Owner's Consultant, if any, is identified in the Agreement.
B. Owner shall advise Design -Builder of the identity and scope of services of any other
independent consultants or managers retained by Owner to perform or furnish services in
regard to the Project, including, but not limited to, cost estimating, project peer review,
value engineering, constructability review, program management, project management, or
contract administration.
C. Neither Owner's Consultant, Owner's Site Representative, nor any other consultant or
manager retained by Owner, has any duties, responsibilities, or authorities with respect to
Design -Builder, unless expressly provided in this Contract. Owner's Consultant and such
other consultants and managers shall not supervise, direct, or have control or authority
over, nor be responsible for, Design -Builder's means, methods, techniques, sequences, or
procedures of construction or the safety precautions and programs incident thereto, or for
any failure of Design -Builder to comply with Laws or Regulations applicable to the furnishing
or performance of the Work; and will not be responsible for Design -Builder's failure to
perform the Work in accordance with the Contract Documents.
10.07 Safety Programs
A. While at the Site, Owner's employees and representatives shall comply with the specific
applicable requirements of Design -Builder's safety programs of which Owner has been
informed pursuant to Paragraph 7.13.D.
B. Owner shall inform Design -Builder of any specific requirements of safety or security
programs that are applicable to Design -Builder while at the Site.
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10.08 Permits and Approvals
A. Owner shall obtain reviews, approvals, certificates, and permits from governmental
authorities having jurisdiction over the Project as indicated in the Contract Documents.
ARTICLE 11— AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK
11.01 Amending and Supplementing Contract Documents
A. The Contract Documents may be amended or supplemented by a Change Order or a Work
Change Directive.
1. Change Orders: If an amendment or supplement to the Contract Documents includes a
change in the Contract Price or the Contract Times, such amendment or supplement
must be set forth in a Change Order. A Change Order also may be used to establish
amendments and supplements of the Contract Documents that do not affect the
Contract Price or Contract Times.
2. Work Change Directives: The Work modification ordered or documented by a Work
Change Directive will be incorporated in a subsequently issued Change Order. When a
Work Change Directive is issued, the parties will promptly meet to attempt to negotiate
the Work Change Directive's effect, if any, on the Contract Times and Contract Price.
The effect, if any, on Contract Times and Contract Price, together with the Work Change
Directive's addition, deletion, or revision to the Work, will be set forth in a subsequently
issued Change Order.
B. Either Owner or Design -Builder may propose or request a Change Order. With respect to
certain events, this Contract may indicate specific times in which such requests or proposals
must be submitted to the other party. With respect to all other events, the request or
proposal shall be submitted to the other party within 30 days of the event giving rise to the
request or proposal.
11.02 Authorized Changes in the Work
A. Without invalidating the Contract and without notice to any surety, and notwithstanding
any other provision of the Contract, Owner may, at any time or from time to time, order or
authorize additions, deletions, or revisions in the Work within the general scope of the
Contract. Such changes may be accomplished by a Change Order, if Owner and Design -
Builder have agreed as to the effect, if any, of the changes on Contract Times or Contract
Price; or by a Work Change Directive. Upon receipt of any such document, Design -Builder
shall promptly proceed with the Work involved; or, in the case of a deletion in the Work,
promptly cease construction activities with respect to such deleted Work. Added or revised
Work shall be performed under the applicable conditions of the Contract Documents.
Nothing in this paragraph shall obligate Design -Builder to undertake work that Design -
Builder reasonably concludes cannot be performed in a manner consistent with Design -
Builder's safety or professional obligations under the Contract Documents or Laws and
Regulations.
11.03 Unauthorized Changes in the Work
A. Design -Builder shall not be entitled to an increase in the Contract Price or an extension of
the Contract Times with respect to any Work performed that is not required by the Contract
Documents, as duly amended, except in the case of an emergency as provided in Paragraph
7.16, or in the case of uncovering Construction as provided in Paragraph 13.03.A.3.
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11.04 Changes Involving the Design
A. To the extent a change, whether proposed by Design -Builder or Owner, ordered by Owner,
or set forth in a proposed Change Order or in a Work Change Directive, involves the design
(as set forth in the Construction Drawings, Construction Specifications, or otherwise) or
other engineering or technical matters, such changes must be reviewed and approved by
the applicable Project Design Professional. The review and approval may occur at the time
the change occurs, or as part of Design -Builder's provision of Professional Design Services in
response to the change.
11.05 Change of Contract Price
A. The Contract Price may only be changed by a Change Order. Any Claim regarding an
adjustment in the Contract Price shall be presented by written notice to the other party in
accordance with Paragraph 16.01.
B. If the Contract Price is based on Cost of the Work, then the provisions in the Agreement
regarding Cost of the Work and changes in the Design -Builder's fee, Contract Price,
Guaranteed Maximum Price, and Guaranteed Maximum Fee, apply.
C. The value of any Work covered by a Change Order or of any adjustment in the Contract
Price will be determined as follows:
1. Where the Work involved is covered by unit prices contained in the Contract
Documents, by application of such unit prices to the quantities of the items involved
(subject to the provisions of Paragraph 12.02); or
2. Where the Work involved is not covered by unit prices contained in the Contract
Documents, by a mutually agreed lump sum (which may include an allowance for
overhead and profit not necessarily in accordance with Paragraph 11.05.D); or
3. Where the Work involved is not covered by unit prices contained in the Contract
Documents, and agreement to a lump sum is not reached under Paragraph 11.05.C.2,
then on the basis of the Cost of the Work for price adjustments (determined as provided
in the Cost of the Work provisions in the Agreement, if applicable, or in Paragraph
12.01), plus a Design -Builder's Fee for overhead and profit (determined as provided in
Paragraph 11.05.D).
D. Design -Builder's Fee: The Design -Builder's fee for overhead and profit on Change Orders
shall be determined as follows:
1. A mutually acceptable fixed fee; or
2. If a fixed fee is not agreed upon, then a fee based on the following percentages of the
various portions of the Cost of the Work:
a. For costs incurred under Paragraphs 12.01.6.1.a. and 12.01.6.2, the Design -Builder's
fee shall be 15 percent;
b. For costs incurred under Paragraph 12.01.6.3, 12.01.6.4, 12.01.13.5, and 12.01.6.6,
the Design -Builder's fee shall be 5 percent;
c. With respect to Construction Subcontracts, where one or more tiers of subcontracts
are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the
intent of this Contract is that the Design -Builder's fee shall be based on: (1) a fee of
15 percent of the costs incurred under Paragraph 12.01 by the subcontractor that
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actually performs the Work, at whatever tier, and (2) with respect to Design -Builder
itself, and to any Construction Subcontractors of a tier higher than that of the
Construction Subcontractor that actually performs the Work, a fee of 5 percent of
the amount (fee plus underlying costs incurred) attributable to the next lower tier
Construction Subcontractor; provided, however, that for any such subcontracted
work the maximum total fee to be paid by Owner shall be no greater than 27
percent of the costs incurred by the Construction Subcontractor that actually
performs the Work,
d. With respect to Design Agreements, the Engineer or other invoicing Project Design
Professional under a Design Agreement may add a fee of 5 percent to an invoice
from a lower tier design entity, and Design -Builder may add a fee of 5 percent to an
invoice from Engineer or other invoicing Project Design Professional; Owner shall
not be responsible for any other mark-up at any tier (other than those incorporated
in a factor, multiplier, hourly rate, or stipulated sum from the entity performing the
subject Design Professional Services);
e. No fee will be payable on the basis of costs itemized in Paragraph 12.01.B.7 or
12.01.C;
f. The amount of credit to be allowed by Design -Builder to Owner for any change
which results in a net decrease in cost will be the amount of the actual net decrease
in cost plus a deduction in Design -Builder's fee by an amount equal to 5 percent of
such net decrease; and
g. When both additions and credits are involved in any one change, the adjustment in
Design -Builder's fee shall be computed on the basis of the net change in accordance
with Paragraphs 11.05.D.2.a through 11.05.D.2.e., inclusive.
11.06 Change of Contract Times
A. The Contract Times may only be changed by a Change Order. Any Claim regarding an
adjustment of the Contract Times shall be presented by written notice to the other party
pursuant to Paragraph 16.01.
B. Design -Builder's entitlement to an adjustment of the Contract Times under this Contract is
conditioned on such adjustment being essential to Design -Builder's ability to complete the
Work within the Contract Times.
11.07 Execution of Change Orders
A. Owner and Design -Builder shall execute appropriate Change Orders covering:
1. Changes in the Contract Price or Contract Times which are agreed to by the parties,
including any undisputed sum or amount of time for Work actually performed in
accordance with a Work Change Directive;
2. Changes in Contract Price resulting from an Owner set-off, unless Design -Builder has
duly contested such set-off,
3. Changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b)
required because of Owner's correction of defective Work under Paragraph 13.05 or
Owner's acceptance of defective Work under Paragraph 13.07, or (c) agreed to by the
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parties (all subject to the need for review and approval by the applicable Project Design
Professional pursuant to Paragraph 11.04); and
4. Changes in the Contract Price or Contract Times, or other changes, which embody the
substance of any final and binding results under Article 16.
B. If Owner or Design -Builder refuses to execute a Change Order that is required to be
executed under the terms of this Paragraph 11.07, it shall be deemed to be of full force and
effect, as if fully executed.
11.08 Notice to Sureties
A. If notice of any change affecting the general scope of the Work or the provisions of the
Contract Documents (including, but not limited to, Contract Price or Contract Times) is
required by the provisions of any Bond to be given to a surety, the giving of any such notice
will be Design -Builder's responsibility. The amount of each applicable Bond will be adjusted
to reflect the effect of any such change.
ARTICLE 12 — COST OF THE WORK ADJUSTMENTS; UNIT PRICE WORK
12.01 Cost of the Work
A. Costs of the Work Adjustment: When the price of Work covered by a Change Order or an
adjustment in Contract Price is to be determined on the basis of Cost of the Work, the Cost
of the Work adjustment means the sum of all costs necessarily incurred and paid by Design -
Builder in the proper performance of the specific portion of the Work. The costs to be
reimbursed to Design -Builder will be only those additional or incremental costs required
because of the change of the Work or because of the event giving rise to the adjustment. If
the Agreement contains Cost of the Work provisions, such provisions shall govern in
determining the Cost of the Work for Change Order or adjustment purposes. If the
Agreement does not contain Cost of the Work provisions, then the provisions in Paragraph
12.01 shall apply.
B. Costs Included: The Cost of the Work adjustment does not include any of the costs itemized
in Paragraph 12.01.C, and shall include only the following items with respect to the subject
Work:
1. Payroll costs for employees in the direct employ of Design -Builder in the performance of
the subject Work, under schedules of job classifications agreed upon by Owner and
Design -Builder in advance of such performance.
a. Such employees shall include without limitation superintendents, foremen, and
other personnel employed full-time at the Site. Payroll costs for employees not
employed full time on the Work shall be apportioned on the basis of their time
spent on the subject Work. Payroll costs shall include, but not be limited to, salaries
and wages plus the cost of fringe benefits which shall include social security
contributions, unemployment, excise and payroll taxes, workers' compensation,
health and retirement benefits, bonuses, sick leave, vacation, and holiday pay
applicable thereto. The expenses of performing the subject Work outside the hours
or days permitted by this Contract shall be included in the above to the extent such
performance of Work is authorized by Owner.
b. Such employees shall also include engineers, engineering technicians, architects,
and others providing Design Professional Services as employees of Design -Builder.
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For purposes of this Paragraph 12.01.13.1.b, Design -Builder shall be entitled to
payment for such employees an amount equal to salary costs times a factor, as
designated in the Agreement, for services in the performance of the subject Work.
2. Cost of all materials and equipment furnished and incorporated in the subject Work,
including costs of transportation and storage thereof, and Suppliers' field services
required in connection therewith. All cash discounts shall accrue to Design -Builder
unless Owner deposits funds with Design -Builder with which to make payments, in
which case the cash discounts shall accrue to Owner. All trade discounts, rebates, and
refunds and returns from sale of surplus materials and equipment shall accrue to
Owner, and Design -Builder shall make provisions so that they may be obtained.
3. Cost of permits obtained by Design -Builder.
4. Payments made by Design -Builder to Construction Subcontractors for subject Work
performed or furnished by such Construction Subcontractors. If any subcontract
provides that the Construction Subcontractor is to be paid on the basis of Cost of the
Work plus a fee, the Construction Subcontractor's Cost of the Work and fee shall be
determined in the same manner as Design -Builder's Cost of the Work and fee.
5. Payments made by Design -Builder for Design Professional Services provided or
furnished with respect to the subject Work under a Design Agreement.
6. Costs of special consultants (not including Project Design Professionals), including but
not limited to testing laboratories, attorneys, and accountants, retained for services
specifically related to the subject Work.
7. Supplemental costs including the following items:
a. The proportion of necessary transportation, travel, and subsistence expenses of
Design -Builder's employees incurred in discharge of duties connected with the
Work.
b. Cost, including transportation and maintenance, of all materials, supplies,
equipment, machinery, appliances, office and temporary facilities at the Site and
hand tools not owned by the workers, which are consumed in the performance of
the Work, and cost, less market value, of such items used but not consumed that
remain the property of Design -Builder.
c. Rentals of all construction or engineering equipment and machinery, and their
parts, whether rented from Design -Builder or from others in accordance with rental
agreements approved by Owner, and the costs of transportation, loading,
unloading, installation, dismantling and removal of such equipment, machinery, and
parts. All such costs shall be in accordance with the terms of such rental
agreements. The rental of any such equipment, machinery, or parts shall cease
when its use is no longer necessary for the Work.
d. Sales, consumer, use, and other similar taxes related to the subject Work, and for
which Design -Builder is liable, imposed by Laws or Regulations.
e. Deposits lost for causes other than negligence of Design -Builder, any Construction
Subcontractor, or anyone directly or indirectly employed by any of them or for
whose acts any of them may be liable, and royalty payments and fees for permits
and licenses.
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f. Losses, damages, and related expenses caused by damage to the subject Work not
compensated by insurance or otherwise, sustained by Design -Builder in connection
with the furnishing and performance of the Work provided they have resulted from
causes other than the negligence of Design -Builder, any Construction Subcontractor,
or anyone directly or indirectly employed by any of them or for whose acts any of
them may be liable. Such losses shall include settlements made with the written
consent and approval of Owner. No such losses, damages, and expenses shall be
included in the Cost of the Work for the purpose of determining Design -Builder's
fee.
g. The cost of utilities, fuel, and sanitary facilities at the Site, as applicable to the
subject Work.
h. Minor expenses such as long distance telephone calls, telephone service at the Site,
express and courier services, and similar petty cash items in connection with the
Work.
i. Cost of premiums for all Bonds and insurance Design -Builder is required by the
Contract Documents to purchase and maintain.
C. Costs Excluded: The term Cost of the Work shall not include any of the following items:
1. Payroll costs and other compensation of Design -Builder's officers, executives, principals
(of partnerships and sole proprietorships), general managers, estimators, attorneys,
auditors, accountants, purchasing and contracting agents, expediters, timekeepers,
clerks, and other personnel employed by Design -Builder whether at the Site or in
Design -Builder's principal or a branch office for general administration of the Work and
not specifically included in the agreed upon schedule of job classifications referred to in
Paragraph 12.01.B.1, all of which are to be considered administrative costs covered by
the Design -Builder's fee.
2. Expenses of Design -Builder's principal and branch offices other than Design -Builder's
office at the Site.
3. Any part of Design -Builder's capital expenses, including interest on Design -Builder's
capital employed for the subject Work and charges against Design -Builder for
delinquent payments.
4. Costs due to the negligence of Design -Builder, any Construction Subcontractor, Engineer
or other Project Design Professionals, or anyone directly or indirectly employed by any
of them or for whose acts any of them may be liable, including but not limited to the
correction of defective Work, disposal of materials or equipment wrongly supplied, and
making good any damage to property.
5. Other overhead or general expense costs of any kind, and the costs of any item not
specifically and expressly included in Paragraph 12.01.B.
D. Design -Builder's Fee: When the value of the Work covered by a Change Order is determined
on the basis of Cost of the Work, Design -Builder's fee shall be determined as set forth in
Paragraph 11.05.D.
E. Documentation: Whenever the cost of any Work is to be determined pursuant to Paragraph
12.01.B and 12.01.C, Design -Builder will establish and maintain cost records in accordance
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with generally accepted accounting practices and submit in a form acceptable to Owner an
itemized cost breakdown together with supporting data.
12.02 Unit Price Work
A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all of Unit Price Work an amount
equal to the sum of the established unit prices for each separately identified item of Unit
Price Work times the estimated quantity of each item as indicated in the Agreement. The
estimated quantities of items of Unit Price Work are not guaranteed and are solely for the
purpose of determining an initial Contract Price. Determinations of the actual quantities and
classifications of Unit Price Work performed by Design -Builder will be made by Owner.
B. If Design -Builder's compensation is based on Cost of the Work, this Contract will not include
compensation under unit prices unless expressly stated otherwise.
C. Each unit price will be deemed to include an amount considered by Design -Builder to be
adequate to cover Design -Builder's overhead and profit for each separately identified item.
D. Design -Builder or Owner may seek an adjustment in the Contract Price if:
1. The quantity of any item of Unit Price Work performed by Design -Builder differs
materially and significantly from the estimated quantity of such item indicated in the
Agreement;
2. Such an adjustment would not duplicate, and is coordinated with, any other related
adjustments of Contract Price; and
3. Design -Builder has incurred additional expense, or less expense, as a result of the
variation in quantity.
ARTICLE 13— TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE
CONSTRUCTION
13.01 Access to Construction
A. Owner, Owner's Consultant, Owner's Site Representative, and other representatives and
personnel of Owner, independent testing laboratories, and governmental agencies with
jurisdictional interests will have access to the Site and the Construction at reasonable times
for their observation, inspecting, and testing. Design -Builder shall provide them proper and
safe conditions for such access and advise them of Design -Builder's Site safety procedures
and programs so that they may comply therewith as applicable.
13.02 Tests, Inspections, and Approvals
A. Design -Builder shall be responsible for arranging, obtaining, and paying for all inspections
and tests required:
1. By the Contract Documents, unless the Contract Documents expressly allocate
responsibility for a specific inspection or test to Owner;
2. By Laws and Regulations, unless the Contract Documents or Laws and Regulations
expressly allocate responsibility for a specific inspection or test to Owner;
3. To attain Owner's acceptance of materials or equipment to be incorporated in the
Construction;
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4. By manufacturers of equipment furnished under the Contract Documents;
5. To meet the requirements of the Construction Drawings and Construction
Specifications;
6. For testing, adjusting, and balancing of mechanical, electrical, and other equipment to
be incorporated into the Construction; and
7. For acceptance of materials, mix designs, or equipment submitted for approval prior to
Design -Builder's purchase thereof for incorporation in the Construction.
B. Owner shall be responsible for arranging, obtaining, and paying for all inspections and tests
expressly required by the Contract Documents or Laws and Regulations to be furnished and
paid for by Owner, except that costs incurred in connection with tests or inspections of
covered Construction shall be governed by the provisions of Paragraph 13.03.
C. All inspections and tests shall be performed by independent inspectors, testing laboratories,
or other qualified individuals or entities acceptable to Owner and Design -Builder.
D. If the Contract Documents require the Construction (or part thereof) to be approved by
Owner or another designated individual or entity, then Design -Builder shall assume full
responsibility for arranging and obtaining such approvals.
E. Design -Builder shall give Owner reasonable notice of the planned schedule for all required
inspections, tests, and approvals.
F. Design -Builder shall give Owner timely notice of readiness of the Construction (or specific
parts thereof) for all required inspections and tests, and shall cooperate with inspection and
testing personnel to facilitate required inspections and tests.
G. Each party shall provide the other with copies of any certificates of inspection or approval
obtained with respect to tests and inspections.
H. Both parties may rely on the results of inspections and tests, performed pursuant to this
paragraph and the governing provisions of the Contract Documents, Laws and Regulations,
and the Construction Drawings and Construction Specifications.
I. If any Construction (or the construction work of others) that is required to be inspected,
tested, or approved is covered by Design -Builder without written concurrence of Owner,
then Contractor shall, if requested by Owner, uncover such Construction for observation.
Such uncovering shall be at Design -Builder's expense unless Design -Builder has given Owner
timely notice of Design -Builder's intention to cover the same and Owner has not acted with
reasonable promptness in response to such notice.
13.03 Uncovering Construction
A. If Owner considers it necessary or advisable that covered Construction be observed by
Owner or inspected or tested by others, then Design -Builder, at Owner's request, shall
uncover, expose or otherwise make available for observation, inspection, or testing, as
Owner may require, that portion of the Construction in question, furnishing all necessary
labor, material, and equipment.
1. If the Construction had been covered contrary to the written request of Owner or a
requirement of the Contract Documents, then uncovering it for Owner's observation
and re-covering it shall be at Design -Builder's expense, regardless of whether it is
defective.
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If it is found that the covered Construction is defective, Design -Builder shall pay all costs
and damages caused by or resulting from such uncovering, exposure, observation,
inspection, and testing, and of satisfactory replacement, re-covering, or reconstruction
(including but not limited to all fees and charges of engineers, architects, attorneys and
other professionals, all court or arbitration or other dispute resolution costs, and 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 covered Construction is not found to be defective, Design -Builder shall be allowed
an increase in the Contract Price or an extension of the Contract Times (or Milestones),
or both, directly attributable to such uncovering, exposure, observation, inspection,
testing, replacement, re-covering, and reconstruction, subject to the provisions of
Paragraph 13.03.A.1.
13.04 Defective Construction
A. It is Design -Builder's obligation to assure that the Construction is not defective.
B. Owner shall give Design -Builder prompt written notice of all defective Construction of which
Owner has actual knowledge. Owner may reject, accept, or correct defective Construction.
C. Promptly after receipt of written notice of defective Construction, unless Owner expressly
indicates that it will accept the defective Construction, Design -Builder shall correct all such
defective Construction, whether or not fabricated, installed, or completed; or, if Owner has
rejected the defective Construction, remove it from the Project and replace it with
Construction that is not defective.
D. When correcting defective Construction, Design -Builder shall take no action that would void
or otherwise impair Owner's special warranty and guarantee, if any, on said Construction.
13.05 Owner May Correct Defective Construction
A. If Design -Builder fails within a reasonable time after written notice from Owner to correct
defective Construction or to remove and replace rejected Construction, or if Design -Builder
fails to perform the Construction in accordance with the Contract Documents, or if Design -
Builder fails to comply with any other provision of the Contract Documents, Owner may,
after 7 days' written notice to Design -Builder, correct and remedy any such deficiency.
B. In exercising the rights and remedies under this Paragraph 13.05 Owner shall proceed
expeditiously. In connection with such corrective and remedial action, Owner may exclude
Design -Builder from all or part of the Site, take possession of all or part of the Construction,
and suspend Design -Builder's services related thereto, and incorporate in the Construction
all materials and equipment stored at the Site or for which Owner has paid Design -Builder
but which are stored elsewhere. Design -Builder shall allow Owner, Owner's Consultant,
Owner's Site Representative, and Owner's other representatives, agents, employees, and
contractors, access to the Site to enable Owner to exercise the rights and remedies under
this paragraph.
13.06 Costs
A. Design -Builder shall bear all costs arising out of or relating to the correction, removal, or
replacement of defective Construction, including but not limited to repair of adjacent Work
or property; delay costs and impacts; fees and charges of engineers, architects, attorneys,
and other professionals; and all court, arbitration, or other dispute resolution costs.
EJCDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder.
Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies,
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B. All costs, losses, and damages (included but not limited to fees and charges of engineers,
architects, attorneys and other professionals, all court or arbitration or other dispute
resolution costs, and all costs of repair or replacement of work of others) incurred or
sustained by Owner in exercising its rights and remedies arising from defective Construction
under this Article will be charged against Design -Builder, by set-off against payment or
otherwise.
C. Design -Builder shall not be allowed an extension of the Contract Times (or Milestones)
because of any delay in the performance of the Work attributable to defective Construction.
13.07 Owner's Acceptance of Defective Construction
A. If, instead of requiring correction or removal and replacement of defective Construction,
Owner prefers to accept it, Owner may do so. If such acceptance is proposed prior to final
payment, it shall be subject to confirmation by the applicable Project Design Professional
that such acceptance is in general accord with the design intent and applicable engineering
principles, and will not endanger public safety. Design -Builder shall pay all costs, losses, and
damages (including but not limited to all fees and charges of engineers, architects, attorneys
and other professionals and all court or arbitration or other dispute resolution costs)
attributable to Owner's evaluation of and determination to accept such defective
Construction. If any such acceptance occurs prior to final payment, a Change Order will be
issued incorporating the necessary revisions in the Contract Documents, and Owner shall be
entitled to an appropriate decrease in the Contract Price reflecting the diminished value of
the Construction so accepted.
13.08 Owner May Stop Construction
A. If Construction is defective, or Design -Builder fails to supply sufficient skilled workers or
suitable materials or equipment, or fails to furnish or perform Construction in such a way
that the completed Construction will conform to the Contract Documents, Owner may order
Design -Builder to stop Construction or any portion thereof, until the cause for such order
has been eliminated; however, this right of Owner to stop Construction will not give rise to
any duty on the part of Owner to exercise this right for the benefit of Design -Builder or any
other party.
ARTICLE 14 — PAYMENTS TO DESIGN -BUILDER; COMPLETION
14.01 Progress Payments
A. Basis for Progress Payments: The Schedule of Values established as provided in Paragraph
2.04 will serve as the basis for progress payments. Progress payments on account of Unit
Price Work will be based on the number of units completed.
B. Application for Progress Payment: On or about the date established in the Agreement for
submission of each application for progress payment (but not more often than once a
month), Design -Builder shall submit to Owner for review an Application for Payment filled
out and signed by Design -Builder covering the Work completed as of the date indicated on
the Application and accompanied by supporting documentation as required by the Contract
Documents. If payment is requested on the basis of materials and equipment not
incorporated in the Work but delivered and suitably stored at the Site or at another location
agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale,
invoice or other documentation warranting that Owner has received the materials and
equipment free and clear of all Liens and evidence that the materials and equipment are
E1CDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder.
Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies,
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covered by appropriate property insurance and other arrangements to protect Owner's
interest therein, all of which will be satisfactory to Owner.
C. Payment of Obligations:
1. Beginning with the second Application for Payment, each Application shall include an
affidavit of Design -Builder stating that all previous progress payments received on
account of the Work have been applied on account to discharge Design -Builder's
legitimate obligations associated with prior Applications for Payment.
2. If Design -Builder contends that it has withheld payment of underlying obligations for
good cause, then Design -Builder shall inform Owner of the identity of the entity from
which Design -Builder has withheld payment, the amount of the withholding, and the
reason for the withholding.
D. The amount of retainage with respect to progress payments will be as stipulated in the
Agreement.
E. Review of Applications:
1. Owner will, within 10 days of receipt of each Application for Payment, either indicate in
writing its acceptance of the Application and state that the Application is being
processed for payment, or return the Application to Design -Builder indicating in writing
its reasons for refusing to accept the Application.
F. Not more than 10 days after accepting such Application the amount will become due and
when due will be paid by Owner to Design -Builder.
1. If Owner should fail to pay Design -Builder at the time the payment of any amount
becomes due, then Design -Builder may, at any time thereafter, upon serving written
notice that he will stop the Work within 7 days after receipt of the notice by Owner, and
after such 7 -day period, stop the Work until payment of the amount owing has been
received. Written notice shall be deemed to have been duly served if sent by certified
mail to the last known business address of Owner.
2. Payments due but unpaid shall bear interest at the rate specified in the Agreement.
3. No Progress Payment nor any partial or entire use or occupancy of the Project by Owner
shall constitute an acceptance of any Work not in accordance with the Contract
Documents.
G. Reduction in or Refusal to Make Payment:
1. Owner may impose a set-off against the whole or any part of any such payment, or
nullify any previous payment because of subsequently discovered evidence or the
results of subsequent inspections or tests, to the extent that is reasonably necessary to
protect Owner from loss because:
a. Claims have been made against Owner on account of Design -Builder's conduct in
the performance or furnishing of the Work, or Owner has incurred costs, losses, or
damages on account of Design -Builder's conduct in the performance or furnishing of
the Work, including but not limited to claims, costs, losses, or damages from breach
of warranty, workplace injuries, adjacent property damage, non-compliance with
Laws and Regulations, and patent infringement;
EJCDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder.
Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies,
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b. Design -Builder has failed to take reasonable and customary measures to avoid
damage, delay, disruption, and interference with other work at or adjacent to the
Site;
c. Design -Builder has failed to provide and maintain required bonds or insurance;
d. Owner has been required to remove or remediate a Hazardous Environmental
Condition for which Design -Builder is responsible;
e. Owner has incurred extra charges or engineering costs related to submittal reviews,
evaluations of proposed substitutes, tests and inspections, or return visits to
manufacturing or assembly facilities;
f. The Construction is defective, requiring correction or replacement;
g. Owner has been required to correct defective Construction in accordance with
Paragraph 13.05, or has accepted defective Construction pursuant to Paragraph
13.07;
h. The Contract Price has been reduced by Change Orders;
i. An event that would constitute a default by Design -Builder and therefore justify a
termination for cause has occurred;
j. Liquidated damages, special damages, or performance damages have accrued under
the Contract Documents as a result of Design -Builder's failure to achieve
Milestones, Substantial Completion, final completion of the Work, or performance
requirements, as applicable;
k. Liens have been filed in connection with the Work, except where Design -Builder has
delivered a specific bond satisfactory to Owner to secure the satisfaction and
discharge of such liens; or
I. There are other items entitling Owner to a set off against the amount
recommended.
2. If Owner imposes any set-off against payment, Owner will give Design -Builder
immediate written notice stating the reasons for such action and the specific amount of
the reduction, and promptly pay Design -Builder any amount remaining after deduction
of the amount so withheld. Owner shall promptly pay Design -Builder the amount so
withheld, or any adjustment thereto agreed to by Owner and Design -Builder, if Design -
Builder remedies the reasons for such action. The reduction imposed shall be binding on
Design -Builder unless it duly presents a written notice of Claim contesting the reduction.
14.02 Design -Builder's Warranty of Title
A. Design -Builder warrants and guarantees that title to all Construction, materials, and
equipment covered by any Application for Payment, whether already incorporated in the
Project or not, will pass to Owner no later than the time of payment free and clear of all
Liens.
14.03 Substantial Completion
A. When Design -Builder considers the Work ready for its intended use Design -Builder shall
notify Owner in writing that the Work is substantially complete (except for items specifically
listed by Design -Builder as incomplete) and request that Owner issue a certificate of
E1CDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder.
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Substantial Completion. Promptly thereafter, Owner and Design -Builder shall make an
inspection of the Work to determine the status of completion. If Owner does not consider
the Work substantially complete, Owner will notify Design -Builder in writing giving the
reasons therefor.
B. If Owner considers the Work substantially complete:
1. Owner and Design -Builder will confer regarding Owner's use or occupancy of the Work
following Substantial Completion, review the builder's risk insurance policy with respect
to the end of the builder's risk coverage, and confirm the transition to coverage of the
Work under a permanent property insurance policy held by Owner. Unless Owner and
Design -Builder agree otherwise in writing, Owner shall bear responsibility for security,
operation, protection of the Work, property insurance, maintenance, heat, and utilities
upon Owner's use or occupancy of the Work.
2. Owner will prepare and deliver to Design -Builder a certificate of Substantial Completion
which shall fix the date of Substantial Completion. Owner shall attach to the certificate a
punch list of items to be completed or corrected before final payment.
C. After Substantial Completion the Design -Builder shall promptly begin work on the punch list
of items to be completed or corrected prior to final payment. In appropriate cases Design -
Builder may submit monthly Applications for Payment for completed punch list items,
following the progress payment procedures set forth above.
D. Owner shall have the right to exclude Design -Builder from the Site after the date of
Substantial Completion subject to allowing Design -Builder reasonable access to remove its
property and complete or correct items on the punch list.
14.04 Partial Use or Occupancy
A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially
completed part of the Construction which (1) has specifically been identified in the Contract
Documents, or (2) Owner and Design -Builder agree constitute a separately functioning and
usable part of the Construction that can be used by Owner for its intended purpose without
significant interference with Design -Builder's performance of the remainder of the
Construction, subject to the following:
1. Owner at any time may request Design -Builder in writing to permit Owner to use or
occupy any such part of the Construction that Owner believes to be ready for its
intended use and substantially complete. If Design -Builder agrees that such part of the
Work is substantially complete, Design -Builder and Owner will follow the procedures of
Paragraph 14.03 for that part of the Construction.
2. Design -Builder at any time may notify Owner in writing that Design -Builder considers
any such part of the Work ready for its intended use and substantially complete and
request Owner to issue a certificate of Substantial Completion for that part of the Work.
3. Within a reasonable time after either such request, Owner and Design -Builder shall
make an inspection of that part of the Work to determine its status of completion. If
Owner does not consider that part of the Work to be substantially complete, Owner will
notify Design -Builder in writing giving the reasons therefor. If Owner considers that part
of the Work to be substantially complete, the provisions of Paragraph 14.03 will apply
EJCDC° D-700, Standard General Conditions of the Contract Between Owner and Design -Builder.
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with respect to certification of Substantial Completion of that part of the Work and the
division of responsibility in respect thereof and access thereto.
4. No use or occupancy of part of the Construction will be accomplished prior to
compliance with the requirements of Paragraph 6.05 regarding property insurance.
14.05 Final Inspection
A. Upon written notice from Design -Builder that the entire Work or an agreed portion thereof
is complete, Owner will make a final inspection with Design -Builder and will notify Design -
Builder in writing of all particulars in which this inspection reveals that the Work is
incomplete or defective. Design -Builder shall immediately take such measures as are
necessary to complete such Work or remedy such deficiencies.
14.06 Final Payment
A. Application for Payment:
1. After Design -Builder has completed all such corrections to the satisfaction of Owner and
delivered in accordance with the Contract Documents all maintenance and operating
instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance,
certificates of inspection, and Record Documents, Design -Builder may make application
for final payment following the procedure for progress payments.
2. The final Application for Payment shall be accompanied (unless previously delivered) by:
a. All documentation called for in the Contract Documents;
b. Consent of the surety, if any, to final payment;
c. Satisfactory evidence that all title issues have been resolved such that title to all
Work, materials, and equipment has passed to Owner free and clear of any Liens or
other title defects, or will so pass upon final payment;
d. A list of all disputes that Design -Builder believes are unsettled; and
e. Complete and legally effective releases or waivers (satisfactory to Owner) of all Lien
rights arising out of the Work, and of Liens filed in connection with the Work.
3. In lieu of such releases or waivers of Liens specified in Paragraph 14.06.A.2, and as
approved by Owner, Design -Builder may furnish receipts or releases in full and an
affidavit of Design -Builder that: (a) the releases and receipts include all labor, services,
material, and equipment for which a Lien could be filed, and (b) all payrolls, material
and equipment bills and other indebtedness connected with the Work for which Owner
might in any way be responsible, or which in any way might result in liens or other
burdens on Owner's property, have been paid or otherwise satisfied. If any Project
Design Professional, Construction Subcontractor, or Supplier fails to furnish such a
release or receipt in full, Design -Builder may furnish a Bond or other collateral
satisfactory to Owner to indemnify Owner against any Lien.
B. Final Payment and Acceptance: If Owner is satisfied that the Work has been completed and
Design -Builder's other obligations under the Contract Documents have been fulfilled, Owner
will, within 10 days after receipt of the final Application for Payment, give written notice to
Design -Builder that the Work is acceptable. Otherwise, Owner will return the Application to
Design -Builder, indicating in writing the reasons for refusing to process final payment, in
EJCDC° D-700, Standard General Conditions of the Contract Between Owner and Design -Builder.
Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies,
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which case Design -Builder shall make the necessary corrections and resubmit the
Application.
C. Completion of Work: The Work is complete (subject to surviving obligations) when it is
ready for final payment.
D. Payment Becomes Due: The amount will become due and will be paid by Owner to Design -
Builder 30 days after the presentation to Owner of the acceptable Application and
accompanying documentation, in appropriate form and substance and with Owner's notice
of acceptability.
14.07 Waiver of Claims
A. The making of final payment will not constitute a waiver by Owner of claims or rights against
Design -Builder. Owner expressly reserves claims and rights arising from unsettled Liens,
from defective Work appearing after final inspection pursuant to Paragraph 14.05, from
Design -Builder's failure to comply with the Contract Documents or the terms of any special
guarantees specified therein, from unresolved disputes or Claims presented by Owner, or
from Design -Builder's continuing obligations under the Contract.
B. The acceptance of final payment by Design -Builder will constitute a waiver by Design -Builder
of all claims and rights against Owner other than those pending matters that have been duly
submitted to dispute resolution under the provisions of Article 16.
14.08 Correction Period
A. If within one year after the date of Substantial Completion of the entire Work or such longer
period of time as may be prescribed by Laws or Regulations or by the terms of any
applicable special guarantee required by the Contract Documents or by any specific
provision of the Contract Documents, any Construction is found to be defective, Design -
Builder shall promptly, without cost to Owner and in accordance with Owner's written
instructions, (1) correct such defective Construction, or, if it has been rejected by Owner,
remove it from the Site and replace it with Construction that is not defective, and (2)
satisfactorily correct or remove and replace any damage to other Construction or the work
of others resulting therefrom. If Design -Builder does not promptly comply with the terms of
such instructions, or in an emergency where delay would cause serious risk of loss or
damage, Owner may have the defective Construction corrected or the rejected Construction
removed and replaced, and all costs, losses, and damages caused by or resulting from such
removal and replacement (including but not limited to all fees and charges of engineers,
architects, attorneys and other professionals, all court or arbitration or other dispute
resolution costs, and all costs of repair or replacement of work of others) will be paid by
Design -Builder.
B. In special circumstances where a particular item of equipment is placed in continuous
service before Substantial Completion of all the Work, the correction period for that item
may start to run from an earlier date if so provided in the Conceptual Documents.
C. Where defective Construction (and damage to other Construction resulting therefrom) has
been corrected, or removed or replaced, under this Paragraph 14.08, the correction period
hereunder with respect to such Construction will be extended for an additional period of
one year after such correction or removal and replacement has been satisfactorily
completed.
E1CDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder.
Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies,
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ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION
15.01 Owner May Suspend Work
A. At any time and without cause, Owner may suspend the Work or any portion thereof for a
period of not more than 90 days by notice in writing to Design -Builder, which will fix the
date on which Work will be resumed. Design -Builder shall resume the Work on the date so
fixed. Design -Builder shall be entitled to an adjustment in the Contract Price or an extension
of the Contract Times, or both, directly attributable to any such suspension.
15.02 Owner May Terminate for Cause
A. The occurrence of any one or more of the following events justifies termination for cause:
1. Design -Builder's persistent failure to perform the Work in accordance with the Contract
Documents (including, but not limited to, failure to supply sufficient skilled workers or
suitable materials or equipment, or failure to adhere to the progress schedule as duly
adjusted).
2. Design -Builder's disregard of Laws or Regulations of any public body having jurisdiction.
3. Design -Builder's violation in any substantial way of provisions of the Contract
Documents.
B. If one or more of the events identified in Paragraph 15.02.A occurs, Owner may, after giving
Design -Builder (and the surety, if any) 7 days' written notice, terminate the services of
Design -Builder, take possession of any completed Design Submittals prepared by or for
Design -Builder (subject to the limited license and indemnification provisions of Paragraph
3.04), exclude Design -Builder from the Site, take possession of the Work, and incorporate in
the Work all materials and equipment stored at the Site or for which Owner has paid
Design -Builder but which are stored elsewhere, and finish the Work as Owner may deem
expedient. In such case Design -Builder shall not be entitled to receive any further payment
until the Work is finished. If the unpaid balance of the Contract Price exceeds all costs,
losses and damages sustained by Owner arising out of or resulting from completing the
Work (including but not limited to all fees and charges of engineers, architects, attorneys
and other professionals and all court or arbitration or other dispute resolution costs) such
excess will be paid to Design -Builder. If such costs, losses and damages exceed such unpaid
balance, Design -Builder shall pay the difference to Owner. Such costs, losses and damages
incurred by Owner will be incorporated in a Change Order. When exercising any rights or
remedies under this paragraph Owner shall not be required to obtain the lowest price for
the Work performed.
C. Notwithstanding Paragraph 15.02.B, Design -Builder's services will not be terminated if
Design -Builder begins, within 7 days of receipt of notice of intent to terminate, to correct its
failure to perform and proceeds diligently to cure such failure within no more than 30 days
of receipt of said notice.
D. Where Design -Builder's services have been so terminated by Owner, the termination will
not affect any rights or remedies of Owner against Design -Builder then existing or which
may thereafter accrue. Any retention or payment of moneys due Design -Builder by Owner
will not release Design -Builder from liability.
EJCDC° D-700, Standard General Conditions of the Contract Between Owner and Design -Builder.
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15.03 Owner May Terminate for Convenience
A. Upon 7 days' written notice to Design -Builder, Owner may, without cause and without
prejudice to any other right or remedy of Owner, elect to terminate the Contract. In such
case, Design -Builder shall be paid (without duplication of any items) for:
1. Completed and acceptable Work executed in accordance with the Contract Documents
prior to the effective date of termination, including fair and reasonable sums for
overhead and profit on such Work;
2. Expenses sustained prior to the effective date of termination in performing services and
furnishing labor, materials or equipment as required by the Contract Documents in
connection with uncompleted Work, plus fair and reasonable sums for overhead and
profit on such expenses;
3. Amounts paid in settlement of terminated contracts with Project Design Professionals,
Construction Subcontractors, Suppliers and others (including but not limited to all fees
and charges of engineers, architects, attorneys and other professionals and all court or
arbitration or other dispute resolution costs incurred in connection with such
terminated contracts); and
4. Reasonable expenses directly attributable to termination.
B. Design -Builder shall not be paid on account of loss of anticipated profits or revenue or other
economic loss arising out of or resulting from such termination.
15.04 Design -Builder May Stop Work or Terminate
A. If, through no act or fault of Design -Builder, the Work is suspended for a period of more
than 90 days by Owner or under an order of court or other public authority, Owner fails to
act on any Application for Payment within 30 days after it is submitted, or Owner fails for 30
days to pay Design -Builder any sum finally determined to be due, then Design -Builder may,
upon 7 days' written notice to Owner, and provided Owner does not remedy such
suspension or failure within that time, terminate the Contract and recover from Owner
payment on the same terms as provided in Paragraph 15.03.A. In lieu of terminating the
Contract and without prejudice to any other right or remedy, if Owner has failed for 30 days
to pay Design -Builder any sum finally determined to be due, Design -Builder may upon 7
days' written notice to Owner stop the Work until payment is made of all such amounts due
Design -Builder, including interest thereon. The provisions of this paragraph are not intended
to preclude Design -Builder from obtaining an increase in Contract Price or Contract Times or
otherwise for expenses or damage directly attributable to Design -Builder's stopping Work as
permitted by this paragraph.
ARTICLE 16 — DISPUTES
16.01 Methods and Procedures
A. Notice of Claim: If Owner and Design -Builder are not in agreement regarding a proposed or
requested Change Order, other proposed adjustment of Contract Price or Contract Times, a
Work Change Directive issued by Owner, or any other relief proposed or requested under
the Contract, then either party may provide written notice of a Claim to the other party.
Such notice of Claim shall be given within 90 days of: the proposal or request for a Change
Order; such other proposed adjustment of Contract Price or Contract Times; the issuance of
the Work Change Directive; or the proposal or request for other relief under the Contract.
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The notice of Claim shall be given within the 90 days regardless of whether the other party
has responded to such proposal, request, or issuance, and regardless of whether discussions
or negotiations are in progress; provided, however, that the parties may extend the time to
give such notice of Claim by mutual written agreement. The notice of Claim shall include a
statement of position, specification of the remedy sought, and supporting documentation.
B. Response: Within 30 days of the date of notice of Claim, the receiving party shall respond
with a written statement of position and any supporting documentation.
C. Direct Negotiations: Owner and Design -Builder agree to directly negotiate all Claims
between them in good faith for a period of 60 days from the date of notice of Claim.
D. Mediation: If direct negotiations are unsuccessful in resolving a Claim, then Owner and
Design -Builder shall submit the unsettled Claim to mediation by a mutually agreeable
mediator or mediation service. Owner and Design -Builder agree to participate in the
mediation process in good faith. The process shall be conducted on a confidential basis, and
shall be completed within 120 days.
1. The fees and expenses, including filing fees, of the mediator and any mediation service
shall be shared equally by Owner and Design -Builder.
2. The mediation shall be held in the locality where the Project is located, unless another
location is mutually agreed upon by the parties.
3. A settlement (if any) resulting from such mediation will be specifically enforceable under
the prevailing law, by any court having jurisdiction.
4. Participation in the mediation process in good faith is a condition precedent to
commencing final or binding dispute resolution.
E. If mediation is unsuccessful in resolving a Claim, then within 120 days of the completion of
the mediation (1) the parties may mutually agree to a binding dispute resolution process of
their choice, or (2) the claimant may give notice to the other that the claimant will seek to
have the dispute resolved by a binding dispute resolution method established in this
Contract, or if no such method has been established, by a court of competent jurisdiction.
Failure by claimant to give such notice in a timely manner shall result in a waiver of the
Claim.
ARTICLE 17 — MISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice to
the other party to this Contract, it will be deemed to have been validly given if delivered to
the Authorized Representative of the other party:
1. In person, by a commercial courier service or otherwise; or
2. By registered or certified mail, postage prepaid; or
3. By e-mail, with the words "Formal Notice" or similar in the e-mail's subject line.
17.02 Computation of Times
A. When any period of time is referred to in the Contract Documents by days, it will be
computed to exclude the first and include the last day of such period. If the last day of any
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such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day will be omitted from the computation.
17.03 Cumulative Remedies
A. Unless expressly stated otherwise in this Contract, the duties and obligations imposed by
these General Conditions and the rights and remedies available hereunder to the parties
hereto are in addition to, and are not to be construed in any way as a limitation of, or waiver
of, any rights and remedies available to any or all of them which are otherwise imposed or
available by:
1. Laws or Regulations; or
2. Any special warranty or guarantee; or
3. Other provisions of the Contract.
B. The provisions of Paragraph 17.03.A will be as effective as if repeated specifically in the
Contract in connection with each particular duty, obligation, right and remedy to which they
apply.
17.04 Limitation of Damages
A. With respect to this Contract and any and all Claims and other matters at issue, Owner shall
not be liable to Design -Builder for any claims, costs, losses, or damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution costs) sustained by Design -Builder on
or in connection with any other project or anticipated project.
17.05 No Waiver
A. A party's non -enforcement of any provision shall not constitute a waiver of that provision,
nor shall it affect the enforceability of that provision or of the remainder of this Contract.
17.06 Survival of Obligations
A. All representations, indemnifications, 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 and termination or completion of the Contract.
17.07 Controlling Law
A. The Contract Documents will be construed in accordance with the law of the place of the
Project.
17.08 Headings
A. Article and paragraph headings are inserted for convenience only and do not constitute
parts of these General Conditions.
EJCDC® D-700, Standard General Conditions of the Contract Between Owner and Design -Builder.
Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies,
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Supplementary Conditions
These Supplementary Conditions amend or supplement EJCDC® D-700, Standard General
Conditions of the Contract Between Owner and Design -Builder (2016 Edition). All provisions
that are not so amended or supplemented remain in full force and effect.
The terms used in these Supplementary Conditions have the meanings stated in the General
Conditions. Additional terms defined in these Supplementary Conditions have the meanings
indicated below, which are applicable to both the singular and plural thereof.
The address system used in these Supplementary Conditions is the same as the address
system used in the General Conditions, with the prefix "SC-" added thereto.
ARTICLE 2 — PRELIMINARY MATTERS
SC -2.01 Delete Paragraph 2.01.6 in its entirety and insert the following in its place:
B. Evidence of Design -Builder's Insurance: When Design -Builder delivers the executed
counterparts of the Agreement to Owner, Design -Builder shall also deliver to
Owner copies of the policies of insurance (including all endorsements, and
identification of applicable self-insured retentions and deductibles) required to be
provided by Design -Builder in Article 6. Design -Builder may block out (redact) any
confidential premium or pricing information contained in any policy or
endorsement furnished under this provision.
C. Evidence of Owner's Insurance: After receipt from Design -Builder of the executed
counterparts of the Agreement and all required bonds and insurance
documentation, Owner shall promptly deliver to Design -Builder copies of the
policies of insurance to be provided by Owner under Article 6 (if any). Owner may
block out (redact) any confidential premium or pricing information contained in
any policy or endorsement furnished under this provision.
SC -2.02.A. Amend the first sentence of Paragraph 2.02.A. to read as follows:
Owner shall furnish to Design -Builder [ two ] copies of the Contract Documents
(including one fully executed counterpart of the Agreement), and one copy in
electronic portable document format (PDF). Additional printed copies of the Contract
Documents will be furnished upon request at Owner's cost of reproduction.
ARTICLE 5 — SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL
CONDITIONS
SC 5.04.A Add the following new paragraph immediately after Paragraph 5.04.A:
1. No reports of explorations or tests of subsurface conditions at or adjacent to the
Site, or drawings of physical conditions relating to existing surface or subsurface
structures at the Site, are known to Owner.
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SC 5.06.A Delete Paragraph 5.06.A in its entirety and insert the following in its place:
A. No reports or drawings related to Hazardous Environmental Conditions at the
Site are known to Owner.
ARTICLE 6 — BONDS AND INSURANCE
SC -6.01 Delete Paragraphs 6.01A through 6.01H, inclusive.
SC -6.01 Add the following new Paragraph:
A. Performance bond and payment bond shall not be required for this project.
SC -6.02 Add the following paragraph immediately after Paragraph 6.02.6:
1. Design -Builder may obtain workers' compensation insurance from an insurance
company that has not been rated by A.M. Best, provided that such company (a) is
domiciled in the state in which the Project is located, (b) is certified or authorized
as a workers' compensation insurance provider by the appropriate state agency
having jurisdiction, and (c) has been accepted to provide workers' compensation
insurance for similar projects by the state within the last 12 months.
SC -6.03 Add the following new paragraph immediately after Paragraph 6.03.J:
K. The limits of liability for the insurance required by Paragraph 6.03 of the General
Conditions shall provide coverage for not less than the following amounts, or
greater where required by Laws and Regulations:
1. Workers' Compensation, and related coverages under Paragraph 6.03.A of the General
Conditions:
State:
Statutory
Federal, if applicable (e.g., Longshoreman's):
N/A
Jones Act coverage, if applicable:
Bodily injury by accident, each accident
$ 1,000,000
Bodily injury by disease, aggregate
$ 1,000,000
Employer's Liability:
Bodily injury, each accident
$ 1,000,000
Bodily injury by disease, each employee
$ 1,000,000
Bodily injury/disease aggregate
$ 1,000,000
For work performed in monopolistic states, stop-
gap liability coverage shall be endorsed to either
the worker's compensation or commercial
general liability policy with a minimum limit of:
$ N/A
Foreign voluntary worker compensation
N/A
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2. Design -Builder's Commercial General Liability under Paragraphs 6.03.6 and 6.03.0 of the
General Conditions:
General Aggregate $ 2,000,000
Products - Completed Operations Aggregate $ 2,000,000
Personal and Advertising Injury $ 1,000,000
Each Occurrence (Bodily Injury and Property
Damage) $ 1,000,000
3. Automobile Liability under Paragraph 6.03.E. of the General Conditions:
Combined Single Limit of $ 1,000,000
4. Excess or Umbrella Liability:
Per Occurrence $ 5,000,000
General Aggregate $ 5,000,000
S. Contractor's Pollution Liability under Paragraph 6.03.G of the General Conditions:
Each Occurrence $ N/A
General Aggregate $ N/A
❑ If box is checked, Design -Builder is not required to provide
Contractor's Pollution Liability insurance under this Contract.
6. Design -Builder's Professional Liability:
Each Claim
Annual Aggregate
$ 2,000,000
$ 2,000,000
SC -6.05.A. Delete the first sentence of Paragraph 6.05.A and insert the following sentence in
its place:
Owner shall purchase and maintain builder's risk insurance upon the Construction on
a completed -value basis, in the amount of the full insurable replacement cost thereof
(subject to such deductible amounts as may be provided in these Supplementary
Conditions or required by Laws and Regulations).
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ARTICLE 7 — DESIGN -BUILDER'S RESPONSIBILITIES
SC -7.09 Add two new paragraphs immediately after Paragraph 7.09.A:
1. Owner is specifically required to obtain the following permits and approvals of
government authorities: N/A
2. Design -Builder is specifically required to obtain the following permits and approvals of
government authorities:
a.) Zoning Permit
b.) Building Permit
c.) Erosion & Sediment Control Permit
d.) Approval from N.C. Department of Environment and Natural Resources- Water
Quality Section
SC -7.11 Add a new paragraph immediately after Paragraph 7.11.0 that is to read as follows:
D. Refer to Article SC -18 for Laws and Regulations that, by terms of said Laws and
Regulations, are to be expressly included in the Contract Documents.
ARTICLE 8 — SUBMITTALS
SC -8.01 Insert the following immediately after Paragraph 8.01.F:
G. Required Submittals
1. Furnish for Owner's review and approval the following Submittals:
Submittals Requiring Owner's
Remarks
Approval
Report on subsurface investigations
For Owner's review
Report on Constituents of Concern at the
Site
Should those be encountered
90 -percent drawings and specifications, and
related construction cost estimate
100 -percent Construction Drawings and
Construction Specifications
Proposed modifications to the Construction
Drawings and Construction Specifications
Should those be required
Requests for Owner's approval of
substitutes to items indicated in the
Contract Documents
Should those be required
Requests for Owner's approval of "or -
equals" to items indicated in the Contract
Documents
Should those be required
2. Furnish for Owner's review the following Construction -phase administrative
Submittals, which shall be acceptable as to form and content:
Submittal Remarks
Progress schedule — preliminary, initial, and
monthly updates
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Submittal
Remarks
Schedule of Values — preliminary and initial,
oc
I— a
and update for each change in the Contract
y
d
LL.
Price
iv
O
Copies of construction permits and licenses
Includes evidence that required
required by authorities having jurisdiction
inspections are successfully completed
3. Furnish for Owner's review the following Submittals for materials and equipment
to be incorporated into the Construction; such Submittals shall be acceptable as to
form and content.
Material or Equipment Item
c
a
Vf 0
u
a o
oc
I— a
y
d
H
y
d
LL.
J
D
O
iv
O
Remarks
Clarifier Equipment
X
X
X
X
ARTICLE 10 — OWNER'S RESPONSIBILITIES
SC -10.05 Add the following new paragraph immediately after Paragraph 10.05A:
B. Owner will furnish an "Owner's Site Representative" (OSR) to represent Owner at the Site and
assist Owner in observing the performance of the Construction. OSR is not Design -Builder's
subcontractor, consultant, agent, or employee. OSR will be Sam Call. The authority and
responsibilities of OSR follow:
1. General: OSR's dealings in matters pertaining to the Construction in general shall
be with Design -Builder's designated representatives at the Site. OSR's dealings with
Design -Builder's Construction Subcontractors and Suppliers, including Project
Design Professionals, shall only be through or with the knowledge and approval of
Design -Builder.
2. Schedules: Review the Construction progress schedule, schedule of Submittals, and
Schedule of Values prepared by or for Design -Builder.
3. Conferences and Meetings: Attend meetings with Design -Builder and Construction
Subcontractors, such as preconstruction conferences, progress meetings, job
conferences, and other Project -related meetings.
4. Liaison. Serve as Owner's liaison:
a. with Design -Builder regarding the Construction.
b. with Design -Builder when Design -Builder's operations affect Owner's
onsite operations.
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c. with respect to Design -Builder requests for additional details or
information from Owner, or for clarifications and interpretations of the
Contract Documents.
d. with respect to proposed modifications of the Contract Documents,
Change Orders, and similar matters.
S. Submittals:
a. Record date of receipt of Submittals and samples approved by Design -
Builder.
b. Receive samples furnished at the Site by Design -Builder, and notify Owner
of availability of samples for examination.
c. Advise Owner and Design -Builder of the commencement of any portion of
the Construction requiring a Submittal or sample for which OSR believes
that the Submittal has not been accepted by Owner
6. Observation of the Construction:
a. Conduct on-site observations of Design -Builder's Construction in progress.
7. Inspections, Tests, and System Start-ups:
a. Observe tests, equipment and systems start-ups, and operating and
maintenance training.
b. Review Design -Builder's recordkeeping regarding tests, equipment and
systems start-ups, and operating and maintenance training.
8. Payment Requests: Review each Construction -related Application for Payment
received from Design -Builder; note compliance with the established procedure for
Application for Payment submission; meet with Design -Builder to review each
Application for Payment; and forward the Application for Payment with
recommendations to Owner, noting particularly the relationship of the payment
requested to: (a) the Schedule of Values accepted by Owner, (b) relevant cost of
the work provisions, (c) Construction completed, and (d) materials and equipment
delivered to the Site but not incorporated in the Construction.
9. Certificates, Operation and Maintenance Manuals: During the course of
Construction, review materials and equipment certificates, operation and
maintenance manuals, and other documentation required by the Contract
Documents to be assembled and furnished by Design -Builder, noting whether the
documentation is applicable to the items actually installed, and deliver such
documentation to Owner for its review and acceptance prior to payment for that
part of the Work.
10. Completion:
a. Participate in Owner's visits to the Site to determine Substantial
Completion, assist in the preparation of a punch list of items to be
completed or corrected, and in preparation of the certificate of Substantial
Completion.
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b. Participate in Owner's final inspection at the Site to determine completion
of the Work, in the company of Owner and Design -Builder, and assist in
preparation of a final punch list of items to be completed and deficiencies
to be remedied, if any.
c. Observe whether items on the final punch list have been completed or
corrected, and make recommendations to Owner concerning acceptance
and issuance of the notice of acceptability of the Work. Assist Owner with
preparing the notice of acceptability of the Work.
C. The OSR shall not:
1. Authorize any deviation from the Contract Documents or substitution of materials
or equipment (including "or -equal" items).
2. Exceed limitations of Owner's authority as set forth in the Contract Documents.
3. Undertake any of the responsibilities of Design -Builder, Construction
Subcontractors, Project Design Professionals, or Suppliers.
4. Advise on, issue directions relative to, or assume control over any aspect of the
means, methods, techniques, sequences or procedures of the Work.
S. Advise on, issue directions regarding, or assume control over security or safety
practices, precautions, and programs in connection with the activities or operations
of Design -Builder.
6. Accept Submittals from anyone other than Design -Builder.
7. Have any authority with respect to Owner's occupancy of the Construction, in
whole or in part.
ARTICLE SC -18 — STATUTORY REQUIREMENTS
SC -18 Add new Article immediately after Article 17 of the General Conditions, which is to
read as follows:
ARTICLE SC -18 — STATUTORY REQUIREMENTS
SC -18.01 This Article contains all or portions of the text of certain Laws or Regulations
which, by provision of Laws or Regulations, are required to be expressly included
in the Contract. The provisions included in this Article may not be complete or
current. Design -Builder's obligation to comply with all Laws and Regulations is set
forth in Paragraph 7.11 of the General Conditions.
SC -18.02 Conflict of Interest (2 CFR Part §200.318 General procurement standards)
Interest of Members, Officers, or Employees of the Recipient, Members of Local
Governing Body, or Other Public Officials. No member, officer, or employee of the
recipient, or its agents, no member of the governing body of the locality in which
the program is situated, and no other public official of such locality or localities who
exercises any functions or responsibilities with respect to the program during his
tenure or for one year thereafter, shall have any financial interest, direct or indirect,
in any contract or subcontract, or the proceeds thereof, for work to be performed in
connection with the program assisted under this agreement. Immediate family
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members of said members, officers, employees, and officials are similarly barred
from having any financial interest in the program. The recipient shall incorporate,
or cause to be incorporated, in all such contracts or subcontracts, a provision
prohibiting such interest pursuant to the purpose of this section.
SC -18.03 Nondiscrimination Clause - Section 109, Housing and Community Development Act
of 1974
No person in the United States shall on the ground of race, color, national origin, or
sex be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with funds
available under this title.
SC -18.04 Age Discrimination Act of 1975, as amended - Nondiscrimination on the Basis of
Age
No qualified person shall on the basis of age, be excluded from participation in, be
denied the benefits of, or otherwise be subjected to discrimination under any
program or activity which receives or benefits from Federal financial assistance.
SC -18.05 Section 504 of the Rehabilitation Act of 1973, as amended - Nondiscrimination on
the Basis of Disability
No qualified disabled person shall on the basis of disability, be excluded from
participation in, be denied the benefits of, or otherwise be subjected to
discrimination under any program or activity which receives or benefits from federal
financial assistance.
SC -18.06 Access to Records and Record Retainage Clause
In general, all official project records and documents must be maintained during the
operation of this project and for a period of three years following closeout in
compliance with 24 CFR §570.490.
The North Carolina Department of the Treasurer, U.S. Department of Housing and
Urban Development, the Comptroller General of the United States, and the NC
Department of Environmental Quality, or any of their duly authorized
representatives, shall have access to any books, documents, papers and records of
the Administering Agency which are pertinent to the execution of this agreement,
for the purpose of making audits, examinations, excerpts and transcriptions in
compliance with the above Rule.
SC -18.07 Lobbying Clauses Required by Section 1352, Title 31, U.S. Code
A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative, agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
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B. If any funds other than Federal appropriated funds, have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form -LLL, "Disclosure Form to Report Lobbying" in accordance with its
instructions.
This is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352,
Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each failure.
SC -18.08 HUD -Section 3 Clause Requirement
A. The work to be performed under this contract is subject to the requirements of
section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and
other economic opportunities generated by HUD assistance or HUD -assisted
projects covered by section 3, shall, to the greatest extent feasible, be directed to
low- and very low-income persons, particularly persons who are recipients of HUD
assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part
135, which implement section 3. As evidenced by their execution of this contract,
the parties to this contract certify that they are under no contractual or other
impediment that would prevent them from complying with the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of
workers with which the contractor has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or workers'
representative of the contractor's commitments under this section 3 clause, and will
post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the notice.
The notice shall describe the section 3 preference, shall set forth minimum number
and job titles subject to hire, availability of apprenticeship and training positions,
the qualifications for each; and the name and location of the person(s) taking
applications for each of the positions; and the anticipated date the work shall begin.
D. The contractor agrees to include this section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate
action, as provided in an applicable provision of the subcontract or in this section 3
clause, upon a finding that the subcontractor is in violation of the regulations in 24
CFR part 135. The contractor will not subcontract with any subcontractor where the
contractor has notice or knowledge that the subcontractor has been found in
violation of the regulations in 24 CFR part 135.
E. The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is
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executed, and (2) with persons other than those to whom the regulations of 24 CFR
part 135 require employment opportunities to be directed, were not filled to
circumvent the contractor's obligations under 24 CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future
HUD assisted contracts.
G. With respect to work performed in connection with section 3 covered Indian
housing assistance, section 7(b) of the Indian Self -Determination and Education
Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this
contract. Section 7(b) requires that to the greatest extent feasible (i) preference and
opportunities for training and employment shall be given to Indians, and (ii)
preference in the award of contracts and subcontracts shall be given to Indian
organizations and Indian -owned Economic Enterprises. Parties to this contract that
are subject to the provisions of section 3 and section 7(b) agree to comply with
section 3 to the maximum extent feasible, but not in derogation of compliance with
section 7(b).
SC -18.09 During the performance of the work under the contract, the Design -Builder shall
comply with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as
supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards
Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, contractors must be required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages
specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week. The non -
Federal entity must place a copy of the current prevailing wage determination
issued by the Department of Labor in each solicitation.
SC -18.10 During the performance of the work under the contract, the Design -Builder shall
comply with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by
Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors
on Public Building or Public Work Financed in Whole or in Part by Loans or Grants
from the United States"). The Act provides that each contractor or sub -recipient
must be prohibited from inducing, by any means, any person employed in the
construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled.
SC -18.11 During the performance of the work under the contract, the Design -Builder shall
comply with the Contract Work Hours and Safety Standards Act 40 U.S.C. 3702 and
3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages
of every mechanic and laborer on the basis of a standard work week of 40 hours.
Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for
all hours worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or
mechanic must be required to work in surroundings or under working conditions
which are unsanitary, hazardous or dangerous. These requirements do not apply to
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the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
SC -18.12 During the performance of the work under the contract, the Design -Builder shall
comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by
Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements," and any implementing regulations issued
by the awarding agency.
SC -18.13 During the performance of the work under the contract, the Design -Builder shall
comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as
amended (33 U.S.C. 1251-1387).
SC -18.14 During the performance of the work under the contract, a contract award (see 2 CFR
180.220) must not be made to parties listed on the government -wide exclusions in
the System for Award Management (SAM), in accordance with the OMB guidelines
at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p.
189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM
Exclusions contains the names of parties debarred, suspended, or otherwise
excluded by agencies, as well as parties declared ineligible under statutory or
regulatory authority other than Executive Order 12549.
SC -18.15 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60,
all contracts that meet the definition of "federally assisted construction contract" in
41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41
CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment
Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as
amended by Executive Order 11375, "Amending Executive Order 11246 Relating to
Equal Employment Opportunity," and implementing regulations at 41 CFR part 60,
"Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor."
SC -18.16 Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for
an award exceeding $100,000 must file the required certification. Each tier certifies
to the tier above that it will not and has not used Federal appropriated funds to pay
any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or
an employee of a member of Congress in connection with obtaining any Federal
contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also
disclose any lobbying with non -Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to tier up to
the non -Federal award.
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SECTION 02112 - EARTH MOVING
PART 1 -GENERAL
1.1 SUMMARY
A. Section Includes:
1. Excavating and filling for rough grading the Site.
2. Preparing subgrades for slabs -on -grade
3. Excavating and backfilling for buildings and structures.
4. Drainage course for concrete slabs -on -grade.
5. Subbase course for concrete [walks] [pavements].
6. Excavating and backfilling trenches for utilities and pits for buried utility structures.
1.2 DEFINITIONS
A. Backfill: Soil material used to fill an excavation.
1. Initial Backfill: Backfill placed beside and over pipe in a trench, including haunches to
support sides of pipe.
2. Final Backfill: Backfill placed over initial backfill to fill a trench.
B. Base Course: Aggregate layer placed between the subbase course and hot -mix asphalt paving.
C. Bedding Course: Aggregate layer placed over the excavated subgrade in a trench before laying
pipe.
D. Borrow Soil: Satisfactory soil imported from off-site for use as fill or backfill.
E. Drainage Course: Aggregate layer supporting the slab -on -grade that also minimizes upward
capillary flow of pore water.
F. Excavation: Removal of material encountered above subgrade elevations and to lines and
dimensions indicated.
1. Authorized Additional Excavation: Excavation below subgrade elevations or beyond
indicated lines and dimensions as directed by Engineer. Authorized additional excavation
and replacement material will be paid for according to Contract provisions for changes in
the Work.
2. Unauthorized Excavation: Excavation below subgrade elevations or beyond indicated
lines and dimensions without direction by Engineer. Unauthorized excavation, as well as
remedial work directed by Engineer, shall be without additional compensation.
G. Fill: Soil materials used to raise existing grades.
EARTH MOVING 02112-1

H. Structures: Buildings, footings, foundations, retaining walls, slabs, tanks, curbs, mechanical and
electrical appurtenances, or other man-made stationary features constructed above or below the
ground surface.
I. Subbase Course: Aggregate layer placed between the subgrade and base course for hot -mix
asphalt pavement, or aggregate layer placed between the subgrade and a cement concrete
pavement or a cement concrete or hot -mix asphalt walk.
J. Subgrade: Uppermost surface of an excavation or the top surface of a fill or backfill
immediately below subbase, drainage fill, drainage course, or topsoil materials.
K. Utilities: On-site underground pipes, conduits, ducts, and cables as well as underground services
within buildings.
1.3 INFORMATIONAL SUBMITTALS
A. Material test reports.
1.4 FIELD CONDITIONS
A. Utility Locator Service: Notify utility locator service for area where Project is located before
beginning earth -moving operations.
PART 2 - PRODUCTS
2.1 SOIL MATERIALS
A. General: Provide borrow soil materials when sufficient satisfactory soil materials are not
available from excavations.
B. Satisfactory Soils: Soil Classification Groups GW, GP, GM, SW, SP, and SM according to
ASTM D2487, or a combination of these groups; free of rock or gravel larger than 3 inches in
any dimension, debris, waste, frozen materials, vegetation, and other deleterious matter.
1. Liquid Limit: Per Geotechnical Report
2. Plasticity Index: Per Geotechnical Report
C. Subbase Material: Naturally or artificially graded mixture of natural or crushed gravel, crushed
stone, and natural or crushed sand; ASTM D2940/D2940M; with at least 90 percent passing a 1-
1 /2 -inch sieve and not more than 12 percent passing a No. 200 sieve.
D. Base Course: Naturally or artificially graded mixture of natural or crushed gravel, crushed
stone, and natural or crushed sand; ASTM D2940/D2940M; with at least 95 percent passing a 1-
1 /2 -inch sieve and not more than 8 percent passing a No. 200 sieve.
E. Engineered Fill: Naturally or artificially graded mixture of natural or crushed gravel, crushed
stone, and natural or crushed sand; ASTM D2940/D2940M; with at least 90 percent passing a 1-
1 /2 -inch sieve and not more than 12 percent passing a No. 200 sieve.
EARTH MOVING 02112-2

F. Bedding Course: Naturally or artificially graded mixture of natural or crushed gravel, crushed
stone, and natural or crushed sand; ASTM D2940/D2940M; except with 100 percent passing a
1 -inch sieve and not more than 8 percent passing a No. 200 sieve.
G. Drainage Course: Narrowly graded mixture of crushed stone or crushed or uncrushed gravel;
ASTM D448; coarse -aggregate grading Size 57; with 100 percent passing a 1-1 /2 -inch sieve
and zero to 5 percent passing a No. 8 sieve.
2.2 ACCESSORIES
A. Warning Tape: Acid- and alkali -resistant, polyethylene film warning tape manufactured for
marking and identifying underground utilities, 6 inches wide and 4 mils thick, continuously
inscribed with a description of the utility; colored to comply with local practice or requirements
of authorities having jurisdiction.
B. Detectable Warning Tape: Acid- and alkali -resistant, polyethylene film warning tape
manufactured for marking and identifying underground utilities, a minimum of 6 inches wide
and 4 mils thick, continuously inscribed with a description of the utility, with metallic core
encased in a protective jacket for corrosion protection, detectable by metal detector when tape is
buried up to 30 inches deep; colored to comply with local practice or requirements of authorities
having jurisdiction.
PART 3 - EXECUTION
3.1 PREPARATION
A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by
settlement, lateral movement, undermining, washout, and other hazards created by earth -moving
operations.
B. Protect and maintain erosion and sedimentation controls during earth -moving operations.
C. Protect subgrades and foundation soils from freezing temperatures and frost. Remove temporary
protection before placing subsequent materials.
3.2 EXCAVATION, GENERAL
A. Unclassified Excavation: Excavate to subgrade elevations regardless of the character of surface
and subsurface conditions encountered. Unclassified excavated materials may include rock, soil
materials, and obstructions. No changes in the Contract Sum or the Contract Time will be
authorized for rock excavation or removal of obstructions.
If excavated materials intended for fill and backfill include unsatisfactory soil materials
and rock, replace with satisfactory soil materials.
EARTH MOVING 02112-3

3.3 EXCAVATION FOR STRUCTURES
A. Excavate to indicated elevations and dimensions within a tolerance of plus or minus l inch . If
applicable, extend excavations a sufficient distance from structures for placing and removing
concrete formwork, for installing services and other construction, and for inspections.
Excavations for Footings and Foundations: Do not disturb bottom of excavation.
Excavate by hand to final grade just before placing concrete reinforcement. Trim bottoms
to required lines and grades to leave solid base to receive other work.
Excavation for Underground Tanks, Basins, and Mechanical or Electrical Utility
Structures: Excavate to elevations and dimensions indicated within a tolerance of plus or
minus 1 inch. Do not disturb bottom of excavations intended as bearing surfaces.
3.4 EXCAVATION FOR WALKS AND PAVEMENTS
A. Excavate surfaces under walks and pavements to indicated lines, cross sections, elevations, and
subgrades.
3.5 EXCAVATION FOR UTILITY TRENCHES
A. Excavate trenches to indicated gradients, lines, depths, and elevations.
B. Excavate trenches to uniform widths to provide the following clearance on each side of pipe or
conduit. Excavate trench walls vertically from trench bottom to 12 inches higher than top of
pipe or conduit unless otherwise indicated.
Clearance: As indicated.
C. Trench Bottoms: Excavate and shape trench bottoms to provide uniform bearing and support of
pipes and conduit. Shape subgrade to provide continuous support for bells, joints, and barrels of
pipes and for joints, fittings, and bodies of conduits. Remove projecting stones and sharp
objects along trench subgrade.
Excavate trenches 6 inches deeper than elevation required in rock or other unyielding
bearing material to allow for bedding course.
3.6 SUBGRADE INSPECTION
A. Proof -roll subgrade with a pneumatic -tired dump truck to identify soft pockets and areas of
excess yielding. Do not proof -roll wet or saturated subgrades.
B. Reconstruct subgrades damaged by freezing temperatures, frost, rain, accumulated water, or
construction activities, as directed by Architect, without additional compensation.
3.7 UNAUTHORIZED EXCAVATION
A. Fill unauthorized excavation under foundations or wall footings by extending bottom elevation
of concrete foundation or footing to excavation bottom, without altering top elevation. Lean
EARTH MOVING 02112-4

concrete fill, with 28 -day compressive strength of 2500 psi, may be used when approved by
Engineer.
Fill unauthorized excavations under other construction, pipe, or conduit as directed by
Engineer.
3.8 STORAGE OF SOIL MATERIALS
A. Stockpile borrow soil materials and excavated satisfactory soil materials without intermixing.
Place, grade, and shape stockpiles to drain surface water. Cover to prevent windblown dust.
1. Stockpile soil materials away from edge of excavations. Do not store within drip line of
remaining trees.
3.9 UTILITY TRENCH BACKFILL
A. Place backfill on subgrades free of mud, frost, snow, or ice.
B. Place and compact bedding course on trench bottoms and where indicated. Shape bedding
course to provide continuous support for bells, joints, and barrels of pipes and for joints,
fittings, and bodies of conduits.
C. Trenches under Footings: Backfill trenches excavated under footings and within 12 inches of
bottom of footings with satisfactory soil; fill with concrete to elevation of bottom of footings.
Concrete is specified in Section 03310 "Cast -in -Place Concrete."
D. Initial Backfill: Place and compact initial backfill of satisfactory soil, free of particles larger
than 1 inch in any dimension, to a height of 12 inches over the pipe or conduit.
1. Carefully compact initial backfill under pipe haunches and compact evenly up on both
sides and along the full length of piping or conduit to avoid damage or displacement of
piping or conduit. Coordinate backfilling with utilities testing.
E. Final Backfill: Place and compact final backfill of satisfactory soil to final subgrade elevation.
F. Warning Tape: Install warning tape directly above utilities, 12 inches below finished grade,
except 6 inches below subgrade under pavements and slabs.
3.10 SOIL FILL
A. Plow, scarify, bench, or break up sloped surfaces steeper than I vertical to 4 horizontal so fill
material will bond with existing material.
B. Place and compact fill material in layers to required elevations as follows:
1. Under grass and planted areas, use satisfactory soil material.
2. Under walks and pavements, use satisfactory soil material.
3. Under steps and ramps, use engineered fill.
4. Under building slabs, use engineered fill.
EARTH MOVING 02112-5

5. Under footings and foundations, use engineered fill.
3.11 SOIL MOISTURE CONTROL
A. Uniformly moisten or aerate subgrade and each subsequent fill or backfill soil layer before
compaction to within 2 percent of optimum moisture content.
Do not place backfill or fill soil material on surfaces that are muddy, frozen, or contain
frost or ice.
Remove and replace, or scarify and air dry, otherwise satisfactory soil material that
exceeds optimum moisture content by 2 percent and is too wet to compact to specified
dry unit weight.
3.12 COMPACTION OF SOIL BACKFILLS AND FILLS
A. Place backfill and fill soil materials in layers not more than 8 inches in loose depth for material
compacted by heavy compaction equipment and not more than 4 inches in loose depth for
material compacted by hand -operated tampers.
B. Place backfill and fill soil materials evenly on all sides of structures to required elevations and
uniformly along the full length of each structure.
C. Compact soil materials to not less than the following percentages of maximum dry unit weight
according to ASTM D698:
1. Under structures, building slabs, steps, and pavements, scarify and recompact top 12
inches of existing subgrade and each layer of backfill or fill soil material at 95 percent.
2. Under walkways, scarify and recompact top 6 inches below subgrade and compact each
layer of backfill or fill soil material at 95 percent.
3. Under turf or unpaved areas, scarify and recompact top 6 inches below subgrade and
compact each layer of backfill or fill soil material at 85 percent.
4. For utility trenches, compact each layer of initial and final backfill soil material at 95
percent.
3.13 GRADING
A. General: Uniformly grade areas to a smooth surface, free of irregular surface changes. Comply
with compaction requirements and grade to cross sections, lines, and elevations indicated.
B. Site Rough Grading: Slope grades to direct water away from buildings and to prevent ponding.
Finish subgrades to elevations required to achieve indicated finish elevations, within the
following subgrade tolerances:
1. Turf or Unpaved Areas: Plus or minus l inch.
2. Walks: Plus or minus 1 inch.
3. Pavements: Plus or minus 1/2 inch.
EARTH MOVING 02112-6

3.14 SUBBASE AND BASE COURSES UNDER PAVEMENTS AND WALKS
A. Place subbase course and base course on subgrades free of mud, frost, snow, or ice.
B. On prepared subgrade, place subbase course and base course under pavements and walks as
follows:
Shape subbase course and base course to required crown elevations and cross -slope
grades.
Place subbase course and base course that exceeds 6 inches in compacted thickness in
layers of equal thickness, with no compacted layer more than 6 inches thick or less than 3
inches thick.
Compact subbase course and base course at optimum moisture content to required
grades, lines, cross sections, and thickness to not less than 95 percent of maximum dry
unit weight according to ASTM D698.
3.15 DRAINAGE COURSE UNDER CONCRETE SLABS -ON -GRADE
A. Place drainage course on subgrades free of mud, frost, snow, or ice.
B. On prepared subgrade, place and compact drainage course under cast -in-place concrete slabs -
on -grade as follows:
Place drainage course that exceeds 6 inches in compacted thickness in layers of equal
thickness, with no compacted layer more than 6 inches thick or less than 3 inches thick.
Compact each layer of drainage course to required cross sections and thicknesses to not
less than 95 percent of maximum dry unit weight according to ASTM D698.
3.16 FIELD QUALITY CONTROL
A. Special Inspections: Engineer will engage a qualified special inspector to perform inspections:
B. Testing Agency: Engineer will engage a qualified geotechnical engineering testing agency to
perform tests and inspections.
C. Allow testing agency to inspect and test subgrades and each fill or backfill layer. Proceed with
subsequent earth moving only after test results for previously completed work comply with
requirements.
D. Footing Subgrade: At footing subgrades, at least one test of each soil stratum will be performed
to verify design bearing capacities. Subsequent verification and approval of other footing
subgrades may be based on a visual comparison of subgrade with tested subgrade when
approved by Architect.
E. When testing agency reports that subgrades, fills, or backfills have not achieved degree of
compaction specified, scarify and moisten or aerate, or remove and replace soil materials to
depth required; recompact and retest until specified compaction is obtained.
EARTH MOVING 02112-7

3.17 PROTECTION
A. Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep
free of trash and debris.
B. Repair and reestablish grades to specified tolerances where completed or partially completed
surfaces become eroded, rutted, settled, or where they lose compaction due to subsequent
construction operations or weather conditions.
C. Where settling occurs before Project correction period elapses, remove finished surfacing,
backfill with additional soil material, compact, and reconstruct surfacing.
Restore appearance, quality, and condition of finished surfacing to match adjacent work,
and eliminate evidence of restoration to greatest extent possible.
3.18 DISPOSAL OF SURPLUS AND WASTE MATERIALS
A. Remove surplus satisfactory soil and waste materials, including unsatisfactory soil, trash, and
debris, and legally dispose of them off Owner's property.
END OF SECTION 02112
EARTH MOVING 02112-8

INIMMIrAMIN
SECTION 02113
ENCH EXCAVATION AND BACKFILL
PART 1. GENERAL
1.01 SCOPE
The work covered by this Specification consists of furnishing all labor, tools, materials,
equipment, and supervision in performing all operations in connection with the excavation,
trenching and backfilling for underground utilities; i.e., sanitary sewers, sewer laterals,
force mains, storm sewers, water mains, water services and all other underground pipes
and appurtenances.
Work in this Specifications includes, but is not limited to the following:
Clearing and Grubbing
Trench Excavation
Rock Excavation
Backfilling
Clean-up
1.02 RELATED WORK
See the following Specifications for related work:
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
PART 2. PRODUCTS
2.01 MATERIALS
02111
Site Preparation
02112
Earth Moving
03310
Cast -in -Place Concrete
13013
Scum Handling Pump Station
13020
Plant Piping
13300
Rapid Sludge Removal Clarifier
(1) Backfill material shall be selected from the native material excavated from the trench,
if suitable.
(2) Stabilization stone shall conform to NCDOT "Standard Specifications for Roads and
Structures" NCDOT No. 57.
(3) Stone backfill for excess cut shall be NCDOT, No. 67.
(4) Stone bedding shall be NCDOT, No. 67.
PART 3. EXECUTION
TRENCH EXCAVATION AND BACKFILL 02113 - 1

911M MH I =NOG1: *X9JJ%N9[0]i•
A. GENERAL
All required trench excavation shall be unclassified excavation. All materials,
which may include but are not limited to muck, hard pan, loose shale, and boulders
shall be satisfactorily removed and disposed of by the Contractor.
Before any trenching operations begin for sanitary and storm sewer lines,
Contractor shall furnish to the Engineer a copy of "CUT SHEETS" prepared by his
Surveyor.
The trench excavation shall be made by open cutting to the lines and grades shown
on the Drawings or as required by minor filed adjustments. The bottom of the
trenches shall be in firm soil excavated to straight grades. Excavation shall be
stopped above the final invert grade so that the pipe shall be laid on the firm,
undisturbed native earth bed or stone bedding. Should over -digging occur, the
area so excavated shall be backfilled with granular material (NCDOT No. 67) at
the expense of the Contractor.
Excavated material shall be set back at least two (2) feet from the edge of the
excavation to avoid overloading and prevent slides and cave-ins. Gutters, ditches
and other water courses shall be kept clear and drainage provisions shall be made.
The excavated material shall be kept trimmed in such a manner as to be of as little
inconvenience as possible to the public and adjoining property owners.
Obstruction of sidewalks, driveways, fire hydrants or valve boxes shall be kept at
a minimum.
B. OPEN TRENCH
The length of trench or any section to be opened at one time may be limited when,
in the opinion of the Engineer, such limitation is necessary. The amount of open
or unfilled trench shall not exceed 100 linear feet. All trenches shall be backfilled
at the end of each working day.
C. TRENCH WIDTH
Width of trenches shall be such as to provide adequate working space for proper
laying of pipe. The trench width at one foot above the top of the pipe shall be
limited to the suggested dimensions of Table 2 of AWWA C600.
D. REMOVAL OF WATER
Trenches shall be kept free from water at all times. The Contractor shall maintain
sufficient personnel and equipment with which he shall promptly and continuously
remove all water, from any sources, entering or accumulating in the excavation or
other part of the work. All water pumped or drained from the work shall be
disposed of in a suitable manner without damaging adjacent property or other work
under construction. No extra payment will be made for this item.
TRENCH EXCAVATION AND BACKFILL 02113-2

Whenever the presence of incipient slides, soft banks, or ground water intrusion
are noted during trench excavation, or the depth of the trench exceeds allowable
safe limits, the trench walls shall be restrained with adequate timber or steel
sheeting, jacks, shoring, trench box, strutting, bracing, sloping of sides, and other
means to prevent caving. Wen sheeting is installed below the top of the pipe, that
portion of the sheeting below the elevation of 1 -foot above the top of the pipe shall
not be disturbed or removed. Means of escape from a trench, such as a ladder or
steps, shall be furnished for trenches at or over four (4) feet deep. No extra
payment will be made for these items.
F. CUTTING PAVEMENTS
Existing concrete pavement cut for removal shall be sawed to a neat, parallel line
at least 6 -feet from an existing joint or at an existing joint. The depth of the sawed
joint shall be at least 1 -inch. Bituminous pavement shall be cut in a smooth and
straight line with power saw or power spade. Pavement cuts shall be made at
least 6 -inches beyond either side o the trench and the 6 -inch support area shall
not be removed by trench excavation operations. The Contractor shall remove
and replace any pavement beyond the ditch width which, in the opinion of the
Engineer, has been cracked or displaced by the operations of the Contractor at the
Contractor's expense. All broken pavement shall be removed from the site
immediately after being cut and shall not be used in the trench backfill.
G. STRUCTURE PROTECTION
Temporary support, adequate protection, and maintenance of all underground and
surface structures, drains, sewers, water lines, utility poles and other obstructions
encountered in the work shall be furnished by the Contractor at his expense.
Structures and underground utilities which have been disturbed or damaged shall
be restored to the original condition or better by the Contractor at his expense.
3.02 ROCK EXCAVATION
A. GENERAL
Rock excavation in line trenches is defined as excavation of solid rock in ledges,
bedding deposits, unstratified masses and boulders measuring one cubic yard or
more in volume which cannot be removed without systematic drilling and blasting,
barring or wedging.
Boulders smaller than one cubic yard, soft rock or hard pan, which in the opinion
of the Engineer can be excavated by use of power equipment, shall not be
classified as rock. Should Contractor drill and blast trench ahead of trenching
operations before uncovering rock, only that portion of the trench excavated which
in the opinion of the Engineer is considered rock, shall be paid for at the rock
excavation unit price.
B. TRENCH DEPTH
Rock shall be removed to provide a minimum clearance of 6 -inches below the pipe
barrel, valves, or fittings. Rock excavation at pipe joints shall be carried below the
pipe bells and of sufficient depth and length to enable Contractor to make the pipe
joint. The extra depth shall be backfilled with gravel (NCDOT No. 67).
TRENCH EXCAVATION AND BACKFILL 02113-3

C. EXPLOSIVES
All operations in connection with the use, handling, transporting, and storage of
explosives shall be in strict accordance with all Federal, State and Local laws. The
Contractor shall prevent excessive vibration of and any damage to adjacent
construction. The Contractor shall be held solely responsible for any and all
damages or injuries to public and private property or persons resulting from use of
explosives.
D. SELECT BACKFILL
Contractor shall furnish sand, gravel or clean earth for the first two feet of backfill
over the pipe in rock -excavation trenches. No excavated rock shall be placed in
the first two feet of backfill over the pipe. Selected hard pan and small rocks
excavated from the trench may be used to backfill the remainder of the trench.
The topo six -inches of backfill shall be relatively free from rocks for seeding
operations. Contractor shall make arrangements to find and have clean backfill
delivered to the trench. No extra payment will be made for this item.
3.03 PREPARATION OF TRENCH BOTTOM
A. GENERAL
Trenches shall be dry when the trench bottom is prepared. The trench bottom shall
be accurately graded to provide uniform bearing for each section of the pipe on
undisturbed soil or stone bedding at every point along its entire barrel length except
at bell holes. Bell holes shall be of sufficient depth and length for the proper
installation of pipe joints. Bell holes shall be dug after the trench bottom has been
graded. All bell ends shall be laid facing upstream in the direction of laying.
Preparation of the trench bottom and placement of the pipe shall be carefully made
so that when in final position, the pipe shall be true to line and grade. Any pipe
that has its line and grade disturbed, or becomes defective in any other manner
whatsoever, shall be removed and replaced at the Contractor's expense. No pipe
shall be laid when trench conditions are unsuitable.
Pipe bedding as herein specified shall be required and provided. The approved
materials shall be properly hand -tamped, spaded continuously above and around
the pipe to the top of the pipe, and the undisturbed trench walls. Backfill over the
pipe shall be completed with good, compactable material up to 12 -inches above
the pipe in accordance with the "Backfilling Specification" herein.
Depth of pipe shall be indicated on Profile Sheets or Drawings.
B. WATER LINES AND FORCE MAINS
Trench excavation for water lines and force mains shall confirm to the pipe being
laid on a flat -bottom trench. The depth of the trench shall be sufficient to cover the
pipe barrel with a minimum cover of 3.0 feet fellow the lowest surrounding surfaces
and 2.0 feet below the flow line of side ditches unless otherwise shown on the
Drawings. Trenches shall be graded to extra depths to avoid high points and
TRENCH EXCAVATION AND BACKFILL 02113-4

interferences with other utilities where shown on plans. See Type "A" of Standard
Drawing No. 20-13.
C. SEWER LINES
Trench for gravity sewer lines shall be excavated to the depths shown on the
Drawings. The width at the top of the trench may be flared wider. When stone
bedding specified, trench shall be excavated four (4) inches deeper than shown
on the Drawings. See Type "C" of Standard Drawing No. 20-13.
D. STORM DRAINS
Installation of storm drain line shall conform to the requirements of the NCDOT
Standard Specifications as modified in these Specifications.
3.04 TRENCH STABILIZATION
The Contractor shall deliver and install, as directed, and as required, washed stone
stabilizer for trench excavations where trench conditions are such as to require
stabilization of the trench bed. The Contractor shall remove the unstable material n the
trench and replace it with stabilizer material. Stabilizer material shall be either washed
stone having a maximum size of 1-1/2 inches or other hard, durable material obtained
from local sources and approved by the Engineer. NCDOT standard size No. 67
aggregate shall be acceptable for stone stabilizer material. Before any stabilizer material
is used for which a change in contract price is to be claimed, authority to use stabilizer
material must be specifically obtained from the Engineer in each instance before
proceeding with the work. However, Contractor may, for his convenience and at his
expense, use stabilizer material without the specific approval for the Engineer.
This item shall not be confused with gravel driveway replacement, stone for pavement
replacement, stone for backfill of 6 -inch over -depth in rock excavation, stone for
Contractor's convenience and for required stone bedding.
3.05 BACKFILLING
A. GENERAL
All trenches shall be backfilled immediately after pipe is laid therein and under no
circumstances shall water be permitted to rise in unbackfilled trenches after pipe
has been placed. Backfill for trenches shall be suitable earth, free of large roots,
broken pavements, rocks or stones over 4 -inches in any dimension, frozen earth,
debris, vegetable or organic material or other objectionable matter that in the
opinion of the Engineer is unsuitable. The grade at the top of the backfilled trench
shall match existing grade. Any subsequent settlement shall be repaired by the
Contractor at his expense.
B. TAMPING
All trenches shall first be carefully and manually hand tamped from the bottom of
the trench to the top of the pipe. From the top of the pipe barrel, the backfill shall
be tamped in 6 to 10 -inch layers with a tamper. Hydro -hammers will not be allowed
for backfill operation for water line and force main installation.
TRENCH EXCAVATION AND BACKFILL 02113-5

1. SEWER LINES
Trenches for all gravity sewer pipe which are specified to receive stone bedding
shall be excavated to proper grade. Four (4) inches of washed stone varying
in size from 1/4 inch to 1-1/2 inches (NCDOT No. 67) shall be deposited in the
trench bottom for the full trench width for the entire pipe length to form a level
base for the pipe.
After the pipe is fixed firmly in position, additional stone shall be installed to a
point at the top of the pipe See Type "C" bedding on Standard Drawing No. 20-
13. Initial earth backfill shall be deposited in 6 o 10 -inch maximum lifts and
thoroughly compacted with mechanical hand tampers in two passes, to a
compacted depth of 1 -foot above the top of the pipe.
2. TYPE "A" TRENCH BEDDING
Approved backfill material shall be deposited in the trench on each side of the
pipe with hand shovels for the full length of the pipe, fittings, valves, manholes
and appurtenances simultaneously so that the line or grade of the pipe shall
not be disturbed. The first lifts shall not exceed six -inches in loose depth and
the backfill shall be worked in, under and around the pipe. Backfill shall then
be thoroughly compacted by hand, using tampers made of two-inch pipe or a
curved railroad lining bar.
3. Backfill from 12 -inches above the top of the pipe to 3 -feet above the top of the
pipe shall be made in layers of 6 to 10 -inches in loose depth and each layer
shall be thoroughly compacted with mechanical tampers the full width of the
trench. No superficial load from vehicles, heavy rollers, crawler equipment, or
other such equipment shall be placed on the exposed surface of the trench to
obtain compaction. UNDER NO CIRCUMSTANCES WILL CONSTRUCTION
ROLLING EQUIPMENT BE USED TO PUSH THE INITIAL LAYER OF
BACKFILL INTO THE TRENCH AND ON THE PIPE.
Hydro -hammers may be used to trench depths greater than 3 -feet above the
pipe.
C. FINAL GRADING
All trench grading shall be brought to the existing grades of the surrounding area.
Area shall be dressed, sloped as required and all ruts and runoff rivulets shall be
removed and site made ready for seeding operations.
1. EROSION AND SEDIMENATION CONTORL
Soil erosion and sedimentation control shall be the responsibility of the
Contractor. Specifications appear in Division 2, Section 02110.
2. PAVEMENT REPLACEMENT
All sidewalk, curb and gutter, driveway, street, road, other pavement and paved
or gravel driveways cut by trenching operations shall be repaired with a
pavement of the same type(s) and depth(s) as that removed. Compaction
required for lower portion of backfill shall be 95% of the Standard Proctor
TRENCH EXCAVATION AND BACKFILL 02113-6

Density Test (ASTM, D698) with a moisture range of +2 to -3. The top 24 -
inches shall be compacted at a density of 98% with +1 to -2 moisture content
range. Cut shall be made passable with crushed stone until trench cut can be
repaved. Stone fill shall be maintained by Contractor until cut has been
repaved.
3. GRASSING
The Contractor shall be required to seed all areas disturbed by the Contractor's
operations. See Division 2, Section 02110 of these Specifications.
4. MAINTENANCE
The Contractor shall maintain the surface of the backfilled trenches in a
satisfactory condition and all trenches showing signs of settlement shall be
backfilled and re -seeded as required. The period of maintenance shall be one
year after final payment.
END OF SECTION
TRENCH EXCAVATION AND BACKFILL 02113-7

SECTION 03310 - CAST -IN-PLACE CONCRETE
PART 1 - GENERAL
1.1 SUMMARY
A. Section includes cast -in-place concrete, including formwork, reinforcement, concrete materials,
mixture design, placement procedures, and finishes.
1.2 ACTION SUBMITTALS
A. Product Data: For each type of product.
B. Design Mixtures: For each concrete mixture.
C. Steel Reinforcement Shop Drawings: Placing Drawings that detail fabrication, bending, and
placement.
1.3 INFORMATIONAL SUBMITTALS
A. Material certificates.
B. Material test reports.
1.4 QUALITY ASSURANCE
A. Manufacturer Qualifications: A firm experienced in manufacturing ready -mixed concrete
products and that complies with ASTM C94/C94M requirements for production facilities and
equipment.
1. Manufacturer certified according to NRMCA's "Certification of Ready Mixed Concrete
Production Facilities."
B. Testing Agency Qualifications: An independent agency, qualified according to ASTM C1077
and ASTM E329 for testing indicated.
1.5 PRECONSTRUCTION TESTING
A. Preconstruction Testing Service: Engage a qualified testing agency to perform preconstruction
testing on concrete mixtures.
1.6 FIELD CONDITIONS
A. Cold -Weather Placement: Comply with ACI 306.1.
CAST -IN-PLACE CONCRETE 03310- 1

I . Do not use calcium chloride, salt, or other materials containing antifreeze agents or
chemical accelerators unless otherwise specified and approved in mixture designs.
B. Hot -Weather Placement: Comply with ACI 301 and ACI 305.1.
PART 2 - PRODUCTS
2.1 CONCRETE, GENERAL
A. ACI Publications: Comply with the following unless modified by requirements in the Contract
Documents:
1. ACI 301
2. ACI 117
2.2 FORM -FACING MATERIALS
A. Smooth -Formed Finished Concrete: Form -facing panels that provide continuous, true, and
smooth concrete surfaces. Furnish in largest practicable sizes to minimize number of joints.
B. Rough -Formed Finished Concrete: Plywood, lumber, metal, or another approved material.
Provide lumber dressed on at least two edges and one side for tight fit.
2.3 STEEL REINFORCEMENT
A. Reinforcing Bars: ASTM A615/A615M, Grade 60 deformed.
B. Low -Alloy -Steel Reinforcing Bars: ASTM A706/A706M, deformed.
C. Plain -Steel Welded -Wire Reinforcement: ASTM A 1064/A 1064M, plain, fabricated from as -
drawn steel wire into flat sheets.
D. Deformed -Steel Welded -Wire Reinforcement: ASTM A 1064/A 1064M, flat sheet.
E. Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening
reinforcing bars and welded -wire reinforcement in place. Manufacture bar supports from steel
wire, plastic, or precast concrete according to CRSI's "Manual of Standard Practice."
2.4 CONCRETE MATERIALS
A. Cementitious Materials:
1. Portland Cement: ASTM C 150/C 150M, Type I/II, gray.
B. Normal -Weight Aggregates: ASTM C33/C33M, graded.
1. Maximum Coarse -Aggregate Size: 1-1/2 inches nominal.
CAST -IN-PLACE CONCRETE 03310-2

2. Fine Aggregate: Free of materials with deleterious reactivity to alkali in cement.
C. Air -Entraining Admixture: ASTM C260/C260M.
D. Chemical Admixtures: Certified by manufacturer to be compatible with other admixtures and
that do not contribute water-soluble chloride ions exceeding those permitted in hardened
concrete. Do not use calcium chloride or admixtures containing calcium chloride.
1. Water -Reducing Admixture: ASTM C494/C494M, Type A.
2. Retarding Admixture: ASTM C494/C494M, Type B.
3. Water -Reducing and Retarding Admixture: ASTM C494/C494M, Type D.
4. High -Range, Water -Reducing Admixture: ASTM C494/C494M, Type F.
5. High -Range, Water -Reducing and Retarding Admixture: ASTM C494/C494M, Type G.
6. Plasticizing and Retarding Admixture: ASTM C 1017/C 1017M, Type II.
E. Water: ASTM C94.
2.5 WATERSTOPS
A. Flexible PVC Waterstops: 6" wide PVC, dumb-bell type for construction joints; 9 -inch center
bulb type for expansion joints, for embedding in concrete to prevent passage of fluids through
joints. Factory fabricate corners, intersections, and directional changes. Waterstops shall be
Greenstreak Plastic Products or equal.
2.6 VAPOR RETARDERS
2.7 CURING MATERIALS
A. Evaporation Retarder: Waterborne, monomolecular film forming, manufactured for application
to fresh concrete.
B. Clear, Waterborne, Membrane -Forming Curing Compound: ASTM C309, Type 1, Class B,
nondissipating.
2.8 CONCRETE MIXTURES, GENERAL
A. Prepare design mixtures for each type and strength of concrete, proportioned on the basis of
laboratory trial mixture or field test data, or both, according to ACI 301.
B. Cementitious Materials: Use fly ash, pozzolan, slag cement, and silica fume as needed to reduce
the total amount of portland cement, which would otherwise be used, by not less than 40
percent.
C. Admixtures: Use admixtures according to manufacturer's written instructions.
Use water -reducing or plasticizing admixture in concrete, as required, for placement
and workability.
CAST -IN-PLACE CONCRETE 03310-3

2. Use water -reducing and -retarding admixture when required by high temperatures, low
humidity, or other adverse placement conditions.
3. Use water -reducing admixture in pumped concrete, concrete for heavy -use industrial
slabs and parking structure slabs, concrete required to be watertight, and concrete with a
w/c ratio below 0.50.
2.9 CONCRETE MIXTURES FOR BUILDING ELEMENTS
A. Normal -Weight Concrete:
1. Minimum Compressive Strength 4000 psi at 28 days.
2. Maximum W/C Ratio: 0.45.
3. Slump Limit: 5 inches, plus or minus l inch.
4. Air Content: 6 percent, plus or minus 1.5 percent at point of delivery for I -1/2 -inch
nominal maximum aggregate size.
5. Air Content: Do not allow air content of trowel -finished floors to exceed 3 percent.
2.10 FABRICATING REINFORCEMENT
A. Fabricate steel reinforcement according to CRSI's "Manual of Standard Practice."
2.11 CONCRETE MIXING
A. Ready -Mixed Concrete: Measure, batch, mix, and deliver concrete according to
ASTM C94/C94M, and furnish batch ticket information.
1. When air temperature is between 85 and 90 deg F, reduce mixing and delivery time from
1-1/2 hours to 75 minutes; when air temperature is above 90 deg F, reduce mixing and
delivery time to 60 minutes.
PART 3 - EXECUTION
3.1 FORMWORK INSTALLATION
A. Design, erect, shore, brace, and maintain formwork, according to ACI 301, to support vertical,
lateral, static, and dynamic loads, and construction loads that might be applied, until structure
can support such loads.
B. Construct formwork so concrete members and structures are of size, shape, alignment,
elevation, and position indicated, within tolerance limits of ACI 117.
C. Chamfer exterior corners and edges of permanently exposed concrete.
CAST -IN-PLACE CONCRETE 03310-4

3.2 EMBEDDED ITEM INSTALLATION
A. Place and secure anchorage devices and other embedded items required for adjoining work that
is attached to or supported by cast -in-place concrete. Use setting drawings, templates, diagrams,
instructions, and directions furnished with items to be embedded.
3.3 VAPOR -RETARDER INSTALLATION
A. Sheet Vapor Retarders: Place, protect, and repair sheet vapor retarder according to
ASTM E1643 and manufacturer's written instructions.
Lap joints 6 inches and seal with manufacturer's recommended tape.
3.4 STEEL REINFORCEMENT INSTALLATION
A. General: Comply with CRSI's "Manual of Standard Practice" for fabricating, placing, and
supporting reinforcement.
Do not cut or puncture vapor retarder. Repair damage and reseal vapor retarder before
placing concrete.
3.5 JOINTS
A. General: Construct joints true to line with faces perpendicular to surface plane of concrete.
B. Construction Joints: Install so strength and appearance of concrete are not impaired, at locations
indicated or as approved by Architect.
C. Contraction Joints in Slabs -on -Grade: Form weakened -plane contraction joints, sectioning
concrete into areas as indicated. Construct contraction joints for a depth equal to at least one-
fourthof concrete thickness as follows:
1. Grooved Joints: Form contraction joints after initial floating by grooving and finishing
each edge of joint to a radius of 1/8 inch. Repeat grooving of contraction joints after
applying surface finishes. Eliminate groover tool marks on concrete surfaces.
2. Sawed Joints: Form contraction joints with power saws equipped with shatterproof
abrasive or diamond -rimmed blades. Cut 1/8 -inch- wide joints into concrete when cutting
action does not tear, abrade, or otherwise damage surface and before concrete develops
random contraction cracks.
D. Isolation Joints in Slabs -on -Grade: After removing formwork, install joint -filler strips at slab
junctions with vertical surfaces, such as column pedestals, foundation walls, grade beams, and
other locations, as indicated.
3.6 WATERSTOP INSTALLATION
A. Waterstops: Install in construction joints and at other locations indicated, according to
manufacturer's written instructions.
CAST -IN-PLACE CONCRETE 03310-5

3.7 CONCRETE PLACEMENT
A. Before placing concrete, verify that installation of formwork, reinforcement, and embedded
items is complete and that required inspections are completed.
B. Deposit concrete continuously in one layer or in horizontal layers of such thickness that no new
concrete is placed on concrete that has hardened enough to cause seams or planes of weakness.
If a section cannot be placed continuously, provide construction joints as indicated. Deposit
concrete to avoid segregation.
Consolidate placed concrete with mechanical vibrating equipment according to ACI 301.
3.8 FINISHING FORMED SURFACES
A. Rough -Formed Finish: As -cast concrete texture imparted by form -facing material with tie holes
and defects repaired and patched. Remove fins and other projections that exceed specified limits
on formed -surface irregularities.
Apply to concrete surfaces exposed.
B. Smooth -Formed Finish: As -cast concrete texture imparted by form -facing material, arranged in
an orderly and symmetrical manner with a minimum of seams. Repair and patch tie holes and
defects. Remove fins and other projections that exceed specified limits on formed -surface
irregularities.
C. Related Unformed Surfaces: At tops of walls, horizontal offsets, and similar unformed surfaces
adjacent to formed surfaces, strike off smooth and finish with a texture matching adjacent
formed surfaces. Continue final surface treatment of formed surfaces uniformly across adjacent
unformed surfaces unless otherwise indicated.
3.9 FINISHING FLOORS AND SLABS
A. General: Comply with ACI 302.]R recommendations for screeding, restraightening, and
finishing operations for concrete surfaces. Do not wet concrete surfaces.
B. Float Finish: Consolidate surface with power -driven floats or by hand floating if area is small or
inaccessible to power -driven floats. Restraighten, cut down high spots, and fill low spots.
Repeat float passes and restraightening until surface is left with a uniform, smooth, granular
texture.
Apply float finish to surfaces to receive trowel finish
C. Trowel Finish: After applying float finish, apply first troweling and consolidate concrete by
hand or power -driven trowel. Continue troweling passes and restraighten until surface is free of
trowel marks and uniform in texture and appearance. Grind smooth any surface defects that
would telegraph through applied coatings or floor coverings.
Apply a trowel finish to surfaces exposed to view
CAST -IN-PLACE CONCRETE 03310-6

2. Finish and measure surface, so gap at any point between concrete surface and an
unleveled, freestanding, 10 -ft.- long straightedge resting on two high spots and placed
anywhere on the surface does not exceed 1/8 inch.
D. Broom Finish: Apply a broom finish to exterior concrete platforms, steps, ramps, and elsewhere
as indicated.
Immediately after float finishing, slightly roughen trafficked surface by brooming with
fiber -bristle broom perpendicular to main traffic route. Coordinate required final finish
with Architect before application.
3.10 CONCRETE PROTECTING AND CURING
A. General: Protect freshly placed concrete from premature drying and excessive cold or hot
temperatures. Comply with ACI 306.1 for cold -weather protection and ACI 305.1 for hot -
weather protection during curing.
B. Evaporation Retarder: Apply evaporation retarder to unformed concrete surfaces if hot, dry, or
windy conditions cause moisture loss approaching 0.2 lb/sq. ft. x before and during finishing
operations. Apply according to manufacturer's written instructions after placing, screeding, and
bull floating or darbying concrete, but before float finishing.
C. Formed Surfaces: Cure formed concrete surfaces, including underside of beams, supported
slabs, and other similar surfaces. If forms remain during curing period, moist cure after
loosening forms. If removing forms before end of curing period, continue curing for remainder
of curing period.
D. Cure concrete according to ACI 308. 1, by one or a combination of the following methods:
1. Moisture Curing: Keep surfaces continuously moist for not less than seven days.
2. Moisture -Retaining -Cover Curing: Cover concrete surfaces with moisture -retaining cover
for curing concrete, placed in widest practicable width, with sides and ends lapped at
least 12 inches, and sealed by waterproof tape or adhesive. Cure for not less than seven
days. Immediately repair any holes or tears during curing period, using cover material
and waterproof tape.
3. Curing Compound: Apply uniformly in continuous operation by power spray or roller
according to manufacturer's written instructions. Recoat areas subjected to heavy rainfall
within three hours after initial application. Maintain continuity of coating and repair
damage during curing period.
a. Removal: After curing period has elapsed, remove curing compound without
damaging concrete surfaces by method recommended by curing compound
manufacturerCuring and sealing compound is usually for floors and slabs and may
act as a permanent surface finish.
4. Curing and Sealing Compound: Apply uniformly to floors and slabs indicated in a
continuous operation by power spray or roller according to manufacturer's written
instructions. Recoat areas subjected to heavy rainfall within three hours after initial
application. Repeat process 24 hours later and apply a second coat. Maintain continuity
of coating and repair damage during curing period.
CAST -IN-PLACE CONCRETE 03310-7

3.11 CONCRETE SURFACE REPAIRS
A. Defective Concrete: Repair and patch defective areas when approved by Architect. Remove and
replace concrete that cannot be repaired and patched to Architect's approval.
3.12 FIELD QUALITY CONTROL
A. Special Inspections: Engineer will engage a qualified testing and inspecting agency to
perform field tests and inspections and prepare test reports.
END OF SECTION 03310
CAST -IN-PLACE CONCRETE 03310-8

SECTION 05120 - STRUCTURAL STEEL FRAMING
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Structural steel.
2. Grout.
1.2 DEFINITIONS
A. Structural Steel: Elements of the structural frame indicated on Drawings and as described in
AISC 303, "Code of Standard Practice for Steel Buildings and Bridges."
1.3 PREINSTALLATION MEETINGS
1.4 ACTION SUBMITTALS
A. Product Data: For each type of product.
B. Shop Drawings: Show fabrication of structural -steel components.
1.5 INFORMATIONAL SUBMITTALS
A. Welding certificates.
B. Mill test reports for structural steel, including chemical and physical properties.
C. Source quality -control reports.
D. Field quality -control reports.
1.6 QUALITY ASSURANCE
A. Fabricator Qualifications: A qualified fabricator that participates in the AISC Quality
Certification Program and is designated an AISC-Certified Plant, Category STD.
B. Welding Qualifications: Qualify procedures and personnel according to AWS DIXDLIM,
"Structural Welding Code - Steel."
STRUCTURAL STEEL FRAMING 05120-1

C. Comply with applicable provisions of the following specifications and documents:
1. AISC 303.
2. AISC 360.
3. RCSC's "Specification for Structural Joints Using ASTM A325 or A 490 Bolts."
PART 2 - PRODUCTS
2.1 PERFORMANCE REQUIREMENTS
A. Connections: Provide details of simple shear connections required by the Contract Documents
to be selected or completed by structural -steel fabricator to withstand loads indicated and
comply with other information and restrictions indicated.
1. Select and complete connections using AISC 360.
2. Use Allowable Stress Design; data is given at service -load level.
2.2 STRUCTURAL -STEEL MATERIALS
A. <DOUble click to insert sustainable desivn text for recvcled content of steel nroducts.>
B. W -Shapes: ASTM A992/A992M, Grade 50.
C. Channels, Angles, M, S -Shapes: ASTM A36/A36M.
D. Plate and Bar: ASTM A36/A36M.
E. Cold -Formed Hollow Structural Sections: ASTM A500/A500M, Grade B, structural tubing.
F. Steel Pipe: ASTM A53/A53M, Type E or Type S, Grade B.
G. Welding Electrodes: Comply with AWS requirements.
2.3 BOLTS, CONNECTORS, AND ANCHORS
A. High -Strength Bolts, Nuts, and Washers: ASTM F3125/1`3125M, Grade A325 Type 1, heavy -
hex steel structural bolts;
B. Shear Connectors: ASTM A108, Grades 1015 through 1020, headed -stud type, cold -finished
carbon steel; AWS D 1.1 /D 1.1 M, Type B.
C. Unheaded Anchor Rods: ASTM F1554, Grade 36.
1. Configuration: Hooked.
2. Finish: Plain
D. Headed Anchor Rods: ASTM F1554, Grade 36.
STRUCTURAL STEEL FRAMING 05120-2

I . Finish: Plain.
E. Threaded Rods: ASTM A36/A36M.
1. Finish: Hot -dip zinc coating, ASTM A153/A153M, Class C.
F. Clevises and Turnbuckles: Made from cold -finished carbon steel bars, ASTM A108,
Grade 1035.
2.4 PRIMER
A. Primer: SSPC-Paint 25, Type I, zinc oxide, alkyd, linseed oil primer.
B. Primer: Fabricator's standard lead- and chromate -free, nonasphaltic, rust -inhibiting primer
complying with MPI#79 and compatible with topcoat.
2.5 GROUT
A. Metallic, Shrinkage -Resistant Grout: ASTM C1107/CI 107M, factory -packaged, metallic
aggregate grout, mixed with water to consistency suitable for application and a 30 -minute
working time.
B. Nonmetallic, Shrinkage -Resistant Grout: ASTM Cl 107/CI 107M, factory -packaged,
nonmetallic aggregate grout, noncorrosive and nonstaining, mixed with water to consistency
suitable for application and a 30 -minute working time.
2.6 FABRICATION
A. Structural Steel: Fabricate and assemble in shop to greatest extent possible. Fabricate according
to AISC 303, "Code of Standard Practice for Steel Buildings and Bridges," and to AISC 360.
B. Shear Connectors: Prepare steel surfaces as recommended by manufacturer of shear connectors.
Use automatic end welding of headed -stud shear connectors according to AWS D1.1/D1.1M
and manufacturer's written instructions.
2.7 SHOP CONNECTIONS
A. High -Strength Bolts: Shop install high-strength bolts according to RCSC's "Specification for
Structural Joints Using ASTM A325 or A 490 Bolts" for type of bolt and type of joint specified.
1. Joint Type: Snug tightened.
B. Weld Connections: Comply with AWS D1.1/D1.1M[ and AWS D1.8/D1.8M] for tolerances,
appearances, welding procedure specifications, weld quality, and methods used in correcting
welding work.
STRUCTURAL STEEL FRAMING 05120-3

2.8 SHOP PRIMING
A. Shop prime steel surfaces except the following:
1. Surfaces embedded in concrete or mortar. Extend priming of partially embedded
members to a depth of 2 inches (50 mm).
2. Surfaces to be field welded.
3. Surfaces of high-strength bolted, slip -critical connections.
4. Surfaces to receive sprayed fire -resistive materials (applied fireproofing).
5. Galvanized surfaces.
6. Surfaces enclosed in interior construction.
B. Surface Preparation: Clean surfaces to be painted. Remove loose rust and mill scale and spatter,
slag, or flux deposits. Prepare surfaces according to the following specifications and standards:
1. SSPC-SP 2, "Hand Tool Cleaning."
C. Priming: Immediately after surface preparation, apply primer according to manufacturer's
written instructions and at rate recommended by SSPC to provide a minimum dry film thickness
of 1.5 mils . Use priming methods that result in full coverage of joints, corners, edges, and
exposed surfaces.
2.9 SOURCE QUALITY CONTROL
A. Bolted Connections: Inspect shop -bolted connections according to RCSC's "Specification for
Structural Joints Using ASTM A325 or A 490 Bolts."
B. Welded Connections: Visually inspect shop -welded connections according to
AWS D1.1/D1.1M.
PART 3 - EXECUTION
3.1 EXAMINATION
A. Verify, with certified steel erector present, elevations of concrete- and masonry -bearing surfaces
and locations of anchor rods, bearing plates, and other embedments for compliance with
requirements.
B. Proceed with installation only after unsatisfactory conditions have been corrected.
3.2 ERECTION
A. Set structural steel accurately in locations and to elevations indicated and according to
AISC 303 and AISC 360.
B. Baseplates, Bearing Plates and Leveling Plates: Clean concrete- and masonry -bearing
surfaces of bond -reducing materials, and roughen surfaces prior to setting plates. Clean bottom
surface of plates.
STRUCTURAL STEEL FRAMING 05120-4

I . Set plates for structural members on wedges, shims, or setting nuts as required.
2. Weld plate washers to top of baseplate.
3. Snug -tighten anchor rods after supported members have been positioned and plumbed.
Do not remove wedges or shims but, if protruding, cut off flush with edge of plate before
packing with grout.
4. Promptly pack grout solidly between bearing surfaces and plates so no voids remain.
Neatly finish exposed surfaces; protect grout and allow to cure
C. Maintain erection tolerances of structural steel within AISC 303, "Code of Standard Practice for
Steel Buildings and Bridges."
3.3 FIELD CONNECTIONS
A. High -Strength Bolts: Install high-strength bolts according to RCSC's "Specification for
Structural Joints Using ASTM A325 or A 490 Bolts" for type of bolt and type of joint specified.
Joint Type: Snug tightened.
Retain option in "Weld Connections" Paragraph below for "High -Seismic Applications"
as defined in AISC 360.
B. Weld Connections: Comply with AWS D1.1/D1.IM for tolerances, appearances, welding
procedure specifications, weld quality, and methods used in correcting welding work.
Comply with AISC 303 and AISC 360 for bearing, alignment, adequacy of temporary
connections, and removal of paint on surfaces adjacent to field welds.
Remove backing bars or runoff tabs where indicated, back gouge, and grind steel
smooth.
Assemble and weld built-up sections by methods that maintain true alignment of axes
without exceeding tolerances in AISC 303, "Code of Standard Practice for Steel
Buildings and Bridges," for mill material.
3.4 FIELD QUALITY CONTROL
1. In addition to visual inspection, test and inspect field welds according to
AWS DI. l/Dl.1M and the following inspection procedures, at testing agency's option:
a. Liquid Penetrant Inspection: ASTM E165.
b. Magnetic Particle Inspection: ASTM E709; performed on root pass and on finished
weld. Cracks or zones of incomplete fusion or penetration are not accepted.
C. Ultrasonic Inspection: ASTM E164.
d. Radiographic Inspection: ASTM E94.
END OF SECTION 05120
STRUCTURAL STEEL FRAMING 05120-5

DIVISION 13
SECTION 13013
SCUM HANDLING PUMP STATION
PART 1. GENERAL
1.01 SCOPE
The work covered by this Specification consists of furnishing all labor, tools, materials,
equipment and performing all operations in connection with the installation of a pumping
station complete, tested, and ready for operation with other work specified on Drawings
or Specifications.
Work included in this Specification includes, but is not limited to the following:
Excavation and Backfill
Installation of Pumping Station
Testing of Pumping Station
Access Road
Fencing
Electrical Work
RELATED WORK
See the following Specifications for related work:
SECTION 03310 Cast -in -Place Concrete
SECTION
SECTION
SECTION
SECTION
SECTION
PART 2. PRODUCTS
02112 Earth Moving
02113 Trench Excavation and Backfill
13020 Plant Piping
13300 Rapid Sludge Removal Clarifier
16100 Electrical -General Provisions
2.01 SUBMERSIBLE RECIRCULATING CHOPPER PUMPS
A. DESCRIPTION
The vendor shall furnish one (1) submersible recirculating wet pit chopper pump
and all appurtenances as specified. The pump shall be specifically designed to
pump and mix waste solids at heavy consistencies without plugging or dewatering
of the solids. Materials shall be chopped/macerated and conditioned by the pump
as an integral part of the pumping action. The pump must have demonstrated the
ability to chop through and pump high concentrations of solids such as plastics,
heavy rags, grease and hair balls, wood, paper products and stringy materials
without plugging, both in tests and field applications.
SCUM HANDLING PUMP STATION 13013 -1

B. QUALITY ASSURANCE AND PERFORMANCE AFFIDAVIT
The contractor shall submit manufacturer's standard warranty and a performance
affidavit for equipment to be furnished in accordance with this section. The
warranty for workmanship and materials shall be manufacturer's standard for 1
year from startup, not to exceed 18 months from factory shipment. In the
performance affidavit, the manufacturer must certify to the Contractor and the
Owner, that the Contract Documents have been examined, and that the equipment
will meet in every way the performance requirements set forth in the Contract
Documents for the application specified. Shop drawings will not be reviewed prior
to the receipt by the Engineer of an acceptable performance affidavit. The
performance affidavit must be signed by an officer of the company manufacturing
the equipment and witnessed by a notary public. The performance affidavit must
include a statement that the equipment will not clog or bind on solids typically found
in the application set forth.
C. APPROVED MANUFACTURER
1. Pump shall be Model S3PRAV-085 as manufactured by Vaughan Co., Inc. The
naming of a manufacturer in this Specification Section is not an indication that the
manufacturer's standard equipment is acceptable in lieu of the specified
component features. Naming is only an indication that the manufacturer may have
the capability of engineering and supplying the pumps as specified herein. The
manufacturer shall clearly note on his bid proposal and submittal data any and all
deviations to this specification.
2. It is the express intent of these specifications to accurately describe equipment
that is a regular production item of the specified manufacturer, and that has a
proven record of performance in identical (not just similar) applications in other
treatment facilities. The chopper pump manufacturer shall have a minimum of
twenty (20) years of documented experience in the design and production of
chopper pumps of all types, and not less than five (5) years of experience in the
production of the exact equipment as specified herein.
3. Alternates shall be pre -approved no less than 15 days prior to the bid date,
accompanied by a list of no less than twenty-five (25) reference installations of
chopper pumps in identical service applications. At least five (5) of the reference
installations provided shall be of the exact model pump specified
herein. References shall be pumps that have been used in continuous service for
a period of no less than three (3) years. Only equipment that is in service at the
time of referral shall be considered valid. Pumps that have been removed from
service for any reason will not be considered as references. Telephone numbers
and contact names shall be provided for any/all references upon request from the
Engineer. Provision of performance bonds or other means of circumventing the
above requirements for historical references and verification of past performance
in identical applications are not considered an acceptable means of verifying the
manufacturers experience.
SCUM HANDLING PUMP STATION 13013 -2

4. An extensive parts inventory shall be maintained by the manufacturer such that
all pump parts are available for delivery within 1-2 weeks during the life expectancy
of the pump. Upon request by the engineer, the manufacturer shall provide digital
photos of their parts inventory to verify this requirement.
2.02 SERVICE CONDITIONS
The pumps specified in this section will pump scum using the following design flow criteria
GPM: 300
TDH: 39
HP: 10
RPM: 1750
2.03 PUMP CONSTRUCTION
The naming of a manufacturer in this Specification Section is not an indication that the
manufacturer's standard equipment is acceptable in lieu of the specified component
features. Naming is only an indication that the manufacturer may have the capability of
engineering and supplying the pumps as specified herein. The manufacturer shall clearly
note on his bid proposal and submittal data any and all deviations to this specification.
A. Casing: Shall be of semi -concentric design, with the first half of the circumference being
cylindrical beginning after the pump outlet, and the remaining circumference spiraling
outward to the 150 Ib. flanged centerline discharge. Casing shall be ductile cast iron with
all water passages to be smooth, and free of blowholes and imperfections for good flow
characteristics.
B. Impeller: Shall be semi -open chopper type. Chopping/maceration of materials must be
accomplished by the action of the curved, cupped and sharpened leading edges at the
bottom of the impeller blades as they move across the cutter bar, creating a smooth
efficient slicing effect. Pump out vanes must be provided across the entire diameter of the
impeller on the backing plate, in order to reduce pressure in the seal area, and to draw
lubricant down from the reservoir should seal leakage occur. The impeller shall be held in
place with a key, shall have no axial adjustments or set screws, and shall not extend past
the cutter bar. The impeller shall be cast steel heat treated to a minimum 60 Rockwell C
Hardness, and dynamically balanced. Pumps with open type impellers or impellers without
pump out vanes on the back plate shall not be allowed on this project.
C. Cutter Bar: Shall be a single cast component recessed into the pump bowl, with a funnel
shaped inlet opening. As a part of the casting, segment bars shall extend inwardly, to
within .015" of the cutter nut. The set clearance between the cutter bar and impeller shall
be adjustable to .005" to .020". The cutter bar shall be cast steel heat treated to a minimum
60 Rockwell C Hardness.
D. Upper Cutter: The impeller pump -out vanes shall be specially modified to shear against
an upper cutter assembly mounted into the back side of the casing, in order to eliminate
any build-up of rags, hair, or other stringy material in the seal area or between the impeller
and the pump casing. The upper cutter shall consist of no more than 2 cutting anvils to
minimize the potential for binding. The set clearance between the impeller and upper
cutter shall be adjustable to .010" or less. The upper cutter shall be cast steel heat treated
SCUM HANDLING PUMP STATION 13013 -3

to a minimum 60 Rockwell C Hardness. The upper cutter shall be a replaceable item and
be separate from the casing back plate.
E. Cutter Nut: The cutter nut shall be used to affix the impeller to the shaft, and to eliminate
binding or wrapping of stringy materials at the pump inlet. The cutter nut shall consist of
a hex head sufficiently sized for ease of removal and shall include an integral cast anvil
which shears against the adjacent surface of the segment bars on the cutter bar. The
cutter nut shall be cast steel heat treated to a minimum 60 Rockwell C Hardness. Due to
the solids handling demand in this application, nuts, bolts, or other impeller securing
devices that lack the ability to cut debris from the pump suction shall not be allowed on
this project.
F. Recirculation Nozzle Assembly: On the downstream side of the base elbow, a
recirculation nozzle assembly shall be mounted to permit recirculation of the pit contents
prior to discharge. The recirculation nozzle shall be adjustable 180 degrees horizontally
and 45 degrees vertically. A diverter valve at the base of the assembly shall adjust pump
flow either to the recirculation/mixing nozzle or the pump discharge piping. Valve shall be
ductile cast iron with 316 stainless steel valve disk.
G. Operating Levers: The diverter valve and recirculation nozzle shall each be controlled
by operating levers which shall extend up through a mounting plate for easy access during
pump operation.
H. Automatic Valve Actuator: An electrically operated valve actuator shall control operation
of the diverter valve for pump -out, recirculation or mixed operation. A ball screw linear
actuator shall be used to provide valve positioning. Unit shall operate on 110V. AC, single-
phase power and shall draw 1.7 amps at 500 lbs. of actuation force. The actuator shall
utilize a freewheeling feature to prevent over -travel at the end of stroke. A capacitor for
single-phase motor starting shall be provided by the pump manufacturer. All components
shall be protected in a corrosion resistant enclosure suitable for intermittent outdoor
operation.
I. Pump Shafting: The pump stub shaft and impeller shall be supported by ball bearings.
Shafting shall be heat treated steel, with a minimum diameter of 1.5 inches in order to
minimize deflection during solids chopping.
J. Bearing Housing: Shall be ductile cast iron and machined with piloted bearing fits for
concentricity of all components. Piloted motor mount shall firmly align motor on top of
bearing housing.
K. Thrust Bearings: Shaft thrust in both directions shall be taken up by two back-to-back
mounted single -row angular contact ball bearings. Overhang from the centerline of the
lower thrust bearing to the seal faces shall be a maximum of 1.7". A third mechanical seal
shall be provided to isolate the bearings from the pumped media at operating
temperatures to 250 F. The third seal, as well as the thrust bearings shall be oil bath
lubricated in the bearing housing by I.S.O. Grade 46 turbine oil, with a minimum B-10 life
rated 100,000 hours. Shaft overhang exceeding 1.7 inches from the center of the lowest
thrust bearing to the seal faces shall be considered unacceptable.
L. Pump Mechanical Seal: Shall be fitted with silicon carbide seal faces to provide long life
expectancy in the presence of grit and abrasive solids. The seal shall ride on a 316
stainless steel shaft sleeve, with the seal tension held by 3 set screws. Seal shall be tested
for flatness within 2 Helium light bands under a Helium light source and optical flat.
SCUM HANDLING PUMP STATION 13013 -4

M. Automatic Oil Level Monitor: A clear PVC oil reservoir with float switch shall be mounted
at the top of the wet well, with a hose feeding down to the side of the bearing housing to
detect oil level and shut off the motor in event of low oil level. A sensitive relay shall be
included for mounting in the motor control panel.
N. Shaft Coupling: The submersible motor shall be close coupled directly to the pump
shaft using a solid sleeve coupling, which is keyed to both the pump and motor shafts.
Slip clutches and shear pins between the shaft and the motor are considered
unacceptable.
O. Stainless Steel Nameplates: Shall be attached to the pump and drive motor giving the
manufacturer's model and serial number, rated capacity, head, speed and all pertinent
data.
2.04 SUBMERSIBLE ELECTRIC MOTOR
The submersible motor shall be rated at 10 HP, 1750 RPM, 208 Volts, 60 Hertz and 3
phase, with a 1.15 service factor and Class F insulation. Motor shall be rated for 15
minutes of in -air operation at full load and have tandem mechanical seals in oil bath and
dual moisture sensing probes. The lower motor seal shall be exposed only to the lubricant
in the bearing housing, with no exposure to the pumpage. Motor shall include two normally
closed automatic resetting thermostats connected in series and imbedded in adjoining
phases. Motor frame shall be cast iron, and all hardware and shaft shall be stainless steel.
Pump designs where the lower motor mechanical seal is exposed to the pumpage will
allow for pumpage to contaminate the submersible motor in the event of a lower motor
seal failure. Therefore, designs where the lower motor seal is exposed to the pumpage
will not be allowed on this project.
2.05 GUIDE RAIL SYSTEM
Provide a guide rail system consisting of two stainless steel guide rails, cast ductile iron
pump guide bracket and discharge elbow with mounting feet and 125 Ib. flanges, an upper
guide rail mounting bracket and intermediate guide brackets every 10 feet.
2.06 SURFACE PREPARATION
The assembled pump parts shall receive a solvent wash and a single coat of Tnemec
27WB Epoxy (5-8 MDFT) Motor to be supplied with the motor manufacturer's standard
paint coating.
Viton® are registered trademarks of DuPont Dow Elastomers.
END OF SECTION
SCUM HANDLING PUMP STATION 13013 -5

DIVISION 13
SECTION 13020
PLANT PIPING
PART 1. GENERAL
1.01 SCOPE
This Specification is intended to cover the purchase, installation, testing, and disinfection
of all pipe, fittings, valves, and accessories of all types, sizes and classes. All labor,
materials, tools, equipment and supervision required to install, test, and disinfect piping
systems shall be furnished by the Contractor.
Work under this Specification includes but is not limited to:
Pipe Installation
Valve Installation
Pressure and Leakage Test
Disinfection
1.02 RELATED WORK
See the following Specifications for related work:
SECTION
02112 Earth Moving
SECTION
02113 Trench Excavation and Backfill
SECTION
13013 Scum Handling Pump Station
SECTION
13300 Rapid Sludge Removal Clarifier
SECTION
16100 Electrical -Standard Provisions
1.03 CAUTION
Contractor shall be aware that connections to existing piping could require specialty fittings
not available locally. All points of connection shall be exposed, fully inspected and
measured. All fittings, tools, materials, and accessories shall be assembled prior to
starting work on any connection to existing piping. Contractor shall also be aware that
extensive piping exists on the site. All possible conflicts shall be located and uncovered
prior to laying new pipe. Drawings from previous projects shall be made available to the
Contractor on site.
PART 2. PRODUCTS
Only materials specified herein shall be allowed on this Project.
PLANT PIPING 13020- 1

2.01 PIPE
2.02
The following classes and types of pipe shall be allowed on this Project:
A. DUCTILE IRON PIPE
Ductile Iron Pipe shall conform to AWWA C151. Mechanical or push -on joints shall
conform to AWWA C111; flanged joints to AWWA C115. Pipe shall be cement mortar
lined in accordance with AWWA C104. Fittings shall conform to AWWA C110. All
pressure pipe 4 -inches I diameter and larger shall be Ductile Iron. At Contractor's
option 3 -inch pressure pipe may be Ductile Iron. Gravity piping not under structures
may be Ductile Iron at Contractor's option.
(1) Underground Pipe
Pipe shall conform to AWWA C150 for Type 2 laying conditions suitable for
indicated cover over pipe for each installation. Pipe 12 -inches in diameter and
smaller shall be Class 350. Pipe over 12 -inches in diameter shall be Class 250.
Either mechanical or push -on joints shall be used. Fittings shall be Ductile Iron.
Exterior surfaces shall have a bituminous coating approximately 1 -mil thick.
(2) Exposed Pipe
Pipe shall be Class 53 (AWWA C150), flanged joint. Flanges shall have bolt circle
and bolt holes to match Class 125 flanges ANSI 816.1. Exterior of the pipe shall
not be coated. Contractor shall paint pipe exterior to match Town of Wilkesboro's
color code.
B. GALVANIZED STEEL PIPE
Galvanized Steel Pipe shall conform to ASTM 120, "Extra Strong" wall thickness. Pipe
shall be coated with zinc inside and outside by the hot dip galvanizing process. Fittings
shall be malleable iron, 150 -pound standard, galvanized, with American National
Threads. Exposed pressure pipe in water service shall be galvanized steel for sizes
under 3 -inches. At Contractor's option, 3 -inch Galvanized Steel Pipe may be used.
C. POLYVINYL CHLORIDE PIPE
Polyvinyl Chloride Pipe conforming to ASTM D1785, Schedule 80 shall be used for
chemical feed lines. Fittings shall conform to ASTM D2464 (threaded). Pipe and
fittings shall be supplied by the same manufacturer.
VALVES
The following types of valves shall be used for plant piping:
A. AIR RELIEF VALVES
Air Relief Valves shall be installed at the high points of all pipelines which may have a
potential to air lock. Valves shall be the "Universal" or "Combination" type which vent
air during filling, permit air to enter the pipeline when it is being emptied, and vent air
that accumulates in the lines during operation. Short body valves may be used in clear
water applications: long body valves shall be used in sewage service or when
significant solids can be expected in the liquid. Long body, or sewer air release valves
shall be equipped with connections, valves, and quick -disconnect couplings to allow
back-flushing. Valves in portable water service shall conform to AWWA C512.
PLANT PIPING 13020-2

B. BACKFLOW PREVENTERS
Backflow Preventers shall conform to AWWA 50: reduced pressure principle and be
approved by the Foundation for Cross Connection Control and Hydraulic Research,
University of Southern California.
C. CHECK VALVES
Check Valves 2 -inches and larger used in potable water service shall conform to
AWWA C508. Check valves smaller than 2 -inches shall be all bronze construction
with regrinding bronze disk.
D. GATE VALVES
Gate Valves smaller than 3 -inches shall be iron body, bronze mounted, with solid
wedge, non -rising stems. Valves in exposed service shall have hand wheel operators.
Buried valves shall have a solid -tee operator. Valves 3 -inches and larger shall
conform to AWWA C509.
E. PLUG VALVES
Plug Valves shall be of the non -lubricated, eccentric type designed for the plug to be
out of the flow path when in the fully opening position. Valves smaller than 14 -inches
shall be rated for 175 PSI working pressure; 14 -inches and larger - 150 PSI. Valves
shall have cast iron bodies with nickel alloy seats. Plugs shall have resilient facings.
Valves shall be equipped with extension bonnets to set the handwheel gear operators
4 -feet above grade. Operator shall be permanently lubricated, totally enclosed, worm
and gear type. Valves shall be quarter turn to open.
F. TELESCOPING VALVE
The telescoping valve shall consist of a stainless steel tube and wiper gasket sized to
fit into the vertical ductile iron pipe indicated on the Drawings. The gasket shall be
Buna-N or neoprene rubber to create a friction seal between the outside of the steel
and interior of the ductile iron pipes and be held in place by a cast iron retaining flange.
The valve shall be raised or lowered by a crank operated, geared, pedestal mounted
lift with position indicator.
G. WALL TYPE HYROSTATIC TANK PRESSURE RELIEF VALVES
Tank Pressure Relief Valves shall be installed as shown on the drawings to prevent
sub -grade concrete tanks from becoming buoyant and floating from hydrostatic
pressure, or to prevent damage to the tank side walls. The cover shall open when the
external pressure exceeds internal pressure by approximately 5 -inches of head, so
that pressure will be equalized on the inside and outside of the tank. All valves shall
be cast stainless steel, Type 326. Wall pipes for wall type valves shall be ductile iron,
unless otherwise required as stainless steel.
Wall Type Pressure Relief Valves shall have a removable strainer retained in the valve.
Pressure Relief Valves without strainers or with strainers in the Wall Pipe are not
acceptable. Wall Pipe shall have bolt holes tapped for studs, to allow for flush
mounting of the valve to the tank wall. Flange on both Wall Pipe and Wall Valve shall
comply with ANSI Class 125 outside diameter, bolt circle and number of bolts. Flange
thickness for 4 -inch valves shall be a minimum of 7/16 inch; 6 -inch valves shall be a
PLANT PIPING 13020-3

minimum of 1/2 inch. Hinge pin connecting the body and lid shall be made of stainless
steel. Hinge pins of bronze are not acceptable.
Seals on both body and lid shall be Neoprene, 40 durometer and be field -replaceable.
The surfaces on the body and lid where the seals are installed must be machined to
insure an overall flush and parallel seating surface. Seals shall be the QuadroSeal
"wrap-around" design that surrounds body and lid on four sides to prevent separation.
In addition, seals shall be bonded to body and lid with an adhesive sealant. Designs
which rely solely on adhesive are not acceptable.
The seals shall be secured to the valve body and lid at their outer perimeters to assure
adequate sealing contact. Designs that retain the seal to the lid by means of a screw
in the center of the lid are not acceptable.
Tank Pressure Relief Valves shall be QuadroSeal as provided by Trumbull Industries,
Youngstown, Ohio or approved equal.
2.03 FITTINGS
Standards for pipe fittings are defined in Section 2.01 above. Where reductions or
increases in pipe size are indicated on the Drawings, Contractor may use either a specialty
fitting or standard fitting (i.e. either a 24" x 16" tee or 24" tee with 24" x 16" reducer) unless
a particular fitting is named on the Drawings. All changes in pipe size shall be
accomplished with manufactured fittings designed to provide smooth, watertight
transitions. Where convenient in construction or to provide ease of removal for repair,
specialty fittings such as flange adaptors, couplings or unions shall be used.
All taps smaller than 3 -inch to exposed piping shall be nylon coated, single strap, stainless
steel service saddles. 3 -inch and larger connections to exposed piping shall use standard
fittings.
2.04 MANHOLES
Manholes shall be reinforced concrete conforming to ASTM C478 with flexible, watertight,
rubber type gaskets conforming to ASTM C443. Precast monolithic bases shall be used.
Manholes shall be furnished with a flexible synthetic rubber manhole sleeve and flange
cast into the manhole for pipe connections. A stainless steel clamp, draw bolt and nut
shall be furnished with each sleeve.
PART 3. EXECUTION
3.01 HANDLING PIPE
During loading at plant, transportation, unloading and re -handling of pipe, every precaution
shall be taken to prevent damage to the pipe, its lining and coating. Pipe shall be removed
from truck in a careful manner to reduce banding of pipe against truck or unloading
equipment. No pipe shall be dropped from the trucks.
Each section of pipe shall be delivered in the field as near as practicable to the place
where it is to be installed. Pipe may be distributed along the side of the trench opposite
to the soil bank or stock -piled. Where necessary to move the pipe longitudinally along the
PLANT PIPING 13020-4

trench, it shall be done in such manner as not to injure the pipe or coating. Where pipe is
placed in stock piles, it shall be neatly piled and blocked with strips between tiers.
Any pipe that is damaged in any manner shall be set aside and marked with paint. The
damaged portion may be cut off and the remainder used if possible. Damaged pipe not
painted shall be removed from the job site immediately.
3.02 INSTALLATION OF EXPOSED PIPE
Exposed pipe shall be installed true to line and grade in such manner as to form a close
concentric joint with adjacent pipe. Flange, plain end, bell, socket or thread surfaces shall
be clean, dry, and free of oil, grease or other deleterious material. Deflection from line
and grade shall be made through standard pipe fittings.
Cutting of pipe for closure or other reasons shall be done in a neat, workmanlike manner
by a method which will not damage pipe. Cut pipe shall be joined to the adjacent pipe
with the proper specialty fitting to assure a smooth, watertight joint. The cut end of the
pips shall be ground, filed or otherwise treated in accordance with manufacturer's
recommendations to remove rough edges and assure a tight fit. Interior of pipe shall be
inspected and cleaned of foreign materials prior to installation.
All pipe and fitting accessories such as nuts, bolts, gaskets and flanges shall be installed
in accordance with the applicable AWWA and/or ASTM Specifications. In all cases, pipe
shall be joined using proper primers, lubricants, and adhesives to procure a uniform invert
and watertight joint.
Exterior exposed chemical feed pipe shall have 2 -inches of insulation suitable for exterior
use.
3.03 INSTALLATION OF UNDERGROUND PIPE
All pipe shall be installed in trenches in accordance with Specification, Division 2 Section
02113. Each pipe shall be laid on a firm bed true to line and grade, in such manner as to
form a close concentric joint with the adjoining pipe and to prevent sudden offsets of the
flow line or grade.
Deflections from a straight line or grade shall not exceed the maximum joint reflection
recommended by the pipe manufacturer. If the specified alignment requires deflections in
excess of those recommended by the manufacturer, the Contractor shall provide either
bends or pipes in shorter lengths, in such length and number, that the maximum angular
deflections of the pipe joint recommended by the manufacturer are not exceeded.
Cutting of pipe for closure or for other reasons shall be done in neat and workmanlike
manner by a method which will not damage the pipe. All such cutting of pipe shall be done
by mechanical cutters or saws. The interior of the pipe shall be thoroughly swabbed and
cleaned to remove all foreign matter before pipe is installed.
All fitting accessories such as nuts, bolts, gaskets, flanges shall be installed in a
workmanlike manner and in accordance to the respective AWWA or ASTM Specifications.
In all cases, pipe shall be joined by using the proper primers, lubricants, and adhesives to
procure a uniform invert and watertight joint.
PLANT PIPING 13020-5

3.04 CONNECTIONS TO EXISTING PIPE
Where connections are to be made between new work and existing piping, such
connections shall be made in a thorough and workmanlike manner, using suitable and
proper fittings to suit the conditions encountered. All connection points shall be verified in
the field for type, size, and joints before actual connections shall be made.
Each connection with an existing pipe shall be made at a time and under conditions which
will least interfere with service to customers affected thereby and as authorized by the
Owner. Suitable facilities shall be provided for proper dewatering, drainage, and disposal
of all water removed from the dewatered lines and excavations, without damage to
adjacent property.
3.05 BRACING SUPPORTING AND ANCHORING PIPE
All pipe installed under this Contract shall be adequately secured against movement by
the use of metal pipe supports, hangers, ties, brackets, inserts, clamps or concrete piers,
and/or blocking. Contractor shall provide all items necessary to secure piping as required
or directed to provide a complete and working installation at the Contractor's expense.
All buried piping, fittings at bends, branches, gate valves and hydrants in the pipeline shall
be firmly wedged between the fittings and the undisturbed vertical face of the trench, with
Class 2500 concrete, steel rods, "Mega -Lugs", or a combination of these methods in order
to prevent the fittings from being blown off the line when under pressure. Blocking shall
be in accordance with AWWA Specification C600.
All fittings placed at bends or breaks in grade in vertical planes shall be provided with
adequate concrete embedment, straps, steel rods, or "Mega Lugs", or a combination of
these methods at the top and base of slopes and shall be adequately anchored to the
satisfaction of the Engineer, to resist the maximum test pressure at the top of slopes.
Exposed pipe, fittings, valves, equipment, and accessories shall be rodded, strapped,
blocked, and/or braced as necessary to preclude movement. Valves and equipment shall
be supported in such manner as to allow their removal from the line without the necessity
of temporary blocking or support of remaining pipe. Tie rods, fixtures, clamps and anchor
bolts shall be placed in forms prior to pouring concrete. Pipe larger than 4 -inches in
diameter shall be supported from below. Pipe 4 -inches in diameter and smaller may be
suspended from overhead supports on approved pipe hangers or braced on approved
supports fixed to a wall or column. Hanger or support spacing shall be such that
manufacturer's recommended maximum load rating is not exceeded by the pipe when full.
In no case shall hangers or supports for PVC or PE pipe be greater than 5 -feet on center.
3.06 DISINFECTION
All work in connection with disinfection of potable water lines shall be done in complete
accordance with the following requirements of North Carolina Division of Environmental
Health.
A. GENERAL
The Contractor shall furnish all materials, equipment, tools, and labor to do all work
required for disinfection. It shall be the Contractor's responsibility to have the State
representative present, and samples collected and tested, at no extra cost to the
Owner.
PLANT PIPING 13020-6

B. WATER LINES
After new water lines have been tested for leakage, the lines shall be thoroughly
flushed to remove all mud, dirt, and debris. A blow off or a corporation stop shall be
installed at the end of the line to release entrapped air when the lines are filled with
chlorinated water from the opposite end. The chlorine shall be injected into the new
pipe system by means of a pump as water is slowly introduced into the pipe system
from the existing water distribution system, the disinfected well or from other sources.
The chlorinated water shall have a minimum available chlorine concentration of 50
PPM. After filling the new lines with chlorinated water, they shall be valved off and the
chlorinated water allowed to remain in the lines for twenty-four (24) hours. During this
period of time all valves and hydrants shall be operated to disinfect appurtenances. At
the end of this period, the chlorine residual shall be at least 10 PPM. The lines should
then be thoroughly flushed until there is only a normal chlorine residual present, as
determined by the ortho-tolidine test. Several samples of water shall be collected from
various spigots, and not from hydrants, along the line for bacteriological analyses (by
a certified laboratory). If satisfactory bacteriological results are obtained, the lines may
then be placed in service.
3.07 PIPE AND CONDUIT SLEEVES
Sleeve location and setting drawings shall be provided by plumbing, sprinkler, heating,
ventilating, air conditioning and electrical trades requiring pipe or sheet metal sleeves in
concrete or masonry construction. Sleeve location and setting drawings shall be
submitted in accordance with requirements specified for Shop Drawings.
All sleeves shall be furnished, placed and maintained until completion of concrete pours
and/or placing of surrounding masonry by the trades requiring such sleeves. The
Contractor placing the concrete or masonry shall cooperate fully with other trades in this
matter. Cast -in-place sleeves shall be used for all piping passing through concrete
construction.
Pipes or large conduit passing though floors in all finished areas shall be run in pipe
sleeves made of standard black steel pipe placed so as to extend 3/8 -inch above finished
floor. The size of the sleeves shall be in place and checked before concrete is poured
and shall provide a watertight joint with concrete.
Pipes or conduit passing through concrete or masonry walls shall be provide with black
steel pipe sleeves with ends set flush with wall faces. Where watertightness is necessary
through such walls, or through floors, the joint between pipe or conduit and pipe sleeves
shall be thoroughly caulked.
3.08 SUBMISSIONS
The Contractor's list of proposed materials as referenced in Section 01300 shall indicate
the manufacturer, fittings, model number, and type of construction of all valves, fittings
and hydrants which shall be installed on this Project. The Town shall be furnished with
three (3) copies of parts lists of these items along with factory and nearest distributor
contact information. The Engineer shall receive copies of letters of Transmittal.
PLANT PIPING 13020-7

3.09 EXTERIOR COATINGS FOR EXPOSED PIPE
Exposed pipe shall be painted to conform to the Town of Wilkesboro's color code. For
this purpose, valve stands and manual operators are considered to be exposed pipe.
3.10 CLARIFIER NO. 4 INFLUENT
Clarifier influent shall be 18 -inch ductile iron connecting to an existing stub out at the
existing flow splitter box. The influent shall expand to a 30 -inch ductile iron influent outside
the perimeter of the new clarifier. Connection to the clarifier feed tower will be 30 -inch
ductile iron to the 30 -inch stainless steel connector.
3.11 CLARIFIER NO. 4
Influent pipe shall conform to Section 3.10 above. Clarifier effluent shall be an 18 -inch
ductile iron pipe leading from the clarifier launder to the existing ultraviolet basin. It shall
discharge over the basin rim beside the existing 18 -inch discharge from Clarifier No. 3.
The clarifier drain shall be an 8 -inch ductile iron pipe from the bottom of the clarifier
connecting to an existing drain on the west side of Clarifier No. 3. The 18 -inch sludge
return line shall be constructed to connect at the sludge return wetwell addition leading to
the 18 -inch telescoping valve. Scum return shall be by pump to Digester No. 3.
All piping shall conform to the Drawings. Pipe conflicts shall be brought to the Engineer's
attention as soon as possible.
END OF SECTION
PLANT PIPING 13020-8

SECTION 13300
RAPID SLUDGE REMOVAL CLARIFIER
PART 1. GENERAL
1.01 DESCRIPTION
A. Scope of Supply: The work included in this section of the specifications consists of
furnishing and installing the new pier supported hydraulic differential type sludge
collector mechanism with separate scum removal. Collector mechanisms to fit the one
(1) 100'-0" diameter circular Secondary Clarifier concrete basin as shown on the Plans.
The equipment shall be constructed such that all rotating elements of the mechanism
shall be supported above the water surface. Generally, the units furnished shall include
a stationary center pier column supporting a turntable gear drive, access beam bridge
with drive service platform, rotating drive cage frame, rake arm frames, sludge suction
pipes, return sludge manifold troughs, separate scum trough, influent feed well, and
flocculation baffle. Accessory items also covered under this section include a bridge
mounted scum spray header, foam suppression ring, local control panel, effluent
weirs, and scum baffles.
B. General Requirements: The equipment furnished under this section shall be built by
an established manufacturer of wastewater process equipment with at least twenty-
five (25) years of successful experience building high quality sludge collecting
equipment with at least fifty (50) installations which may be inspected by the Engineer.
The clarifier equipment specified below shall be equal to the Model SS -3.5-G sludge
collector as manufactured by Ovivo USA, LLC (formerly Enviroquip). All equipment
furnished under this section shall be the product of a single manufacturer.
C. Detailed Requirements: The sizes and capacities of the major items of equipment for
each clarifier shall be as follows:
Basin Dimensions:
a.
Basin:
b.
Side Water Depth:
C.
Total Wall Height:
d.
Floor Slope:
e.
Influent Feed Pipe
f.
Effluent troughs:
2. Equipment Dimensions:
a.
Center Pier Column:
b.
Return Sludge Pipe:
C.
Influent Feed Well:
d.
Sludge Suction Pipes:
e.
No. of Suction Pipes:
f.
Return Sludge Troughs
g.
V -Notch Weirs:
h.
Scum Baffles:
i.
Scum pipe:
100'-0" inside diameter
14'- 0"
16'- 0"
flat
30" dia.
Concrete inboard troughs
36" dia.
16" dia.
20'-0" dia. x 6'-0" deep
5" diameter
(4) per side / (8) total
12" w x 15" deep (stepped to 21" deep)
9" tall, Y-90 degrees, fiberglass
1/4" x 12", fiberglass
6" diameter
RAPID SLUDGE REMOVAL CLARIFIER 13300- 1

1.02 QUALITY ASSURANCE
A. Standardization: All mechanism components, including the center pier column,
access bridge, drive service platform, spur gear drive assembly, drive cage frame,
return sludge/skimming troughs, suction pipes, influent feed well, and drive
controls to be the product of one (1) manufacturing organization and shall match
drawings and details as shown on Plans.
B. Coordination: The contract documents provide details of a complete equipment
installation for the purpose specified. It shall be the Contractor's responsibility to
coordinate all the details required for a complete operating system such as
protective coating and electrical requirements, as well as provide all work needed
to properly install, adjust, and place in operation a complete working system.
C. Experience: Only the equipment of a Manufacturer of the type described in this
section of the specifications, which has been in actual service at least twenty-five
(25) years, shall be considered. To show compliance with this requirement, the
Manufacturer shall submit through a bidding Contractor an installation list with at
least fifty (50) installations of this type of clarifier which may be inspected by the
Engineer. The clarifier equipment specified below shall be equal to the Model SS -
3.5 -G ENVIROQUIP sludge collector as manufactured by Ovivo USA LLC or
Engineer pre -approved equal.
D. Pre -Approval: To be considered for pre -approval, manufacturers not named above
shall submit a complete Pre -Approval Package to the Engineer no less than 15
days prior to bid. Pre -Approval Packages must include sufficient information for a
thorough evaluation of the proposed equipment including, at a minimum,
installation lists, referenced lists including Engineers, installing contractors and
Owners, a complete review of this Engineer's specifications and drawings
specifically calling out any and all deviations, and a complete set of mechanical
design and process calculations.
The Engineer's decision regarding pre -approval will be final and will be issue by
addendum no later than 2 days prior to bid. If approved, any costs associated with
structural or design changes required to accommodate alternate equipment will be
the responsibility of the installing Contractor.
E. Manufacturer's Quality Control: All fabrication shall be carefully inspected at the
site of fabrication by factory inspectors who shall use whatever means necessary
to assure the proper fit of all field connections and compliance with all material and
fabrication requirements of the specifications.
1.03 MANUFACTURER'S SERVICES
A. Technical Representative: The Manufacturer shall furnish the services of trained
technical representatives as needed to provide for a satisfactorily operating
system. Services to be included are as follows:
1. Prior to equipment delivery, the Manufacturer shall furnish jointly to the Engineer
and Contractor a minimum of three (3) sets of complete installation, operation, and
maintenance manuals which shall include assembly / erection drawings, as built
drawings of electrical equipment, parts lists, and detailed written instructions for
the installation, operation, and maintenance of the equipment furnished.
RAPID SLUDGE REMOVAL CLARIFIER 13300-2

2. Not less than one (1) trip and two (2) days on the job site for inspection of the
completed equipment installation. The Contractor shall install all equipment in
exact accordance with the Manufacturer's written instructions and
assembly/installation drawings.
3. Deviations from the Manufacturer's written or verbal instructions shall be subject
to approval by the Engineer, and discrepancies or unsatisfactory work shall be
reported in writing by the equipment manufacturer's representative jointly to the
Consulting Engineer and General Contractor.
4. Not less than one (1) trip and one (1) day on the job site for final inspection, final
leveling, alignment, tensioning, lubrication of the installed equipment, and a
detailed check of the completed work prior to start-up.
B. Certification: Within ten (10) days after the final inspection of the completed
installation, the Manufacturer's representative shall furnish a detailed report jointly to
the Engineer and Contractor which shall list any deficiencies found in the work and
which shall recommend corrective action for each deficiency. Upon completion of any
corrective action required, the Manufacturer shall furnish a letter certifying that the
equipment is now properly installed and ready for the operation and beneficial use by
the Owner.
1.04 SUBMITTALS
A. Shop Drawings: All equipment and materials shall be new and shall be specially
designed or selected for the function and service specified. No equipment or materials
may be used in the project that has not been approved by the Engineer. Approval for
incorporation into the project will be made only after the review of shop drawings,
specifications, and data as required below:
1. Shop drawings complete with all dimensions, anchor locations, openings required
in structures, details of connecting piping, and the size and location of any required
electrical conduits and conduit openings.
2. Specifications for the main spur gear drive, the torque monitor, all mechanical and
electrical components, and complete wiring diagrams for all electrical equipment.
3. Details of the major fabricated components showing the arrangement of devices
and labeled with member sizes and materials of construction.
4. AGMA torque and strength calculations for the main spur gear drive bearing.
5. Structural calculations for the access beam bridge, center pier column, drive cage
frame, return sludge trough, and rake arm frames as requested by the Engineer.
6. Manufacturer's recommended procedures for jobsite equipment storage and
handling.
7. Installation list as required by Section 1.02-C.
B. Operation and Maintenance Manuals: Prior to delivery of equipment and up -dated as
required during installation of the equipment, the Manufacturer shall furnish complete
and detailed installation, operation, and maintenance manuals which shall include the
following information as a minimum requirement:
RAPID SLUDGE REMOVAL CLARIFIER 13300-3

1. Name, address, and phone number of nearest competent service organization who
can supply parts and service. If this is not the Manufacturer's own service
department, then furnish letters confirming that the named organization has been
factory authorized to represent the manufacturer of the equipment furnished.
2. Complete descriptive literature and drawings of all material furnished. This is to
include "as built" wiring diagrams of all electrical equipment, "as built" erection
drawings providing up-to-date information on the actual construction of the
equipment furnished, and any field modifications made during installation, start-
up, and testing.
3. Installation, operation, and maintenance brochures from the original
manufacturers of all mechanical components such as gear reducers drive
couplings, etc., incorporated into the completed installation.
4. Recommended spare parts list as required.
5. Drive motor and gear reducer guide to "trouble shooting".
6. All required assembly, installation, alignment, adjustment, and checking
instructions.
7. All required operating instructions.
8. All required maintenance instructions including schedules of routine maintenance
and lubrication checks.
1.05 PRODUCT DELIVERY, STORAGE, AND HANDLING
A. Preparation for Shipment: All pieces shall be delivered in the largest pieces practical
for field assembly by the Contractor. Individual pieces shall be tagged with erection
marks or tags cross referenced with information on the Manufacturer's erection and
assembly drawings. Gear boxes, mechanical, and electrical components shall be
protected from the weather and suitably packaged to facilitate handling and storage.
Special lubricating and rust preventative oils shall be provided to prevent internal
corrosion of gear assemblies. All mechanical equipment shall be kept thoroughly dry
at all times and shall be stored indoors.
B. Storage of Equipment:
1. All equipment stored on the job shall be protected and maintained in accordance
with the Manufacturer's recommendations.
2. Electrical equipment must be stored in weatherproof, well ventilated enclosures.
3. Structural materials may be stored outdoors on pallets or other wooden supports
providing for the proper support and drainage. Equipment shall not be allowed to
contact the ground directly.
RAPID SLUDGE REMOVAL CLARIFIER 13300-4

PART 2. PRODUCTS
2.01 GENERAL REQUIREMENTS
A. Structural Design: Design loading for the structural analysis of the drive cage, rake
arms, and center pier shall be taken as all dead loading resulting from the weight of all
rotating equipment, plus a live load equal to 2.25 times the continuous output torque
rating of the spur gear drive.
The maximum allowable combined stress in any member at this loading shall not
exceed 20,000 psi. Structural design of the mechanism and access bridge, including
allowable stresses and slenderness ratios where applicable, shall be in accordance
with the American Institute of Steel Construction Specification for Steel Buildings,
latest edition.
B. Hot Dip Galvanizing: All fabricated carbon steel components of the access bridge,
drive service platform, slide plates, shall be A-36 carbon steel hot -dip galvanized
(HDG) after fabrication per ASTM A-123.
All structural components shall be designed and fabricated per ASTM A-143, A-
384, and A-385. No field welding on hot -dip galvanized equipment will be
permitted.
2. All welding techniques and sizes shall conform to the latest AWS Standards and
shall be performed by qualified welders. All welding shall be a minimum of 3/16"
fillets and shall be the full length on all mating surfaces. Welds shall be free of
porosity and cleaned for removal of weld flux and impurities that would prevent
adhesion of the molten zinc during the hot dip galvanizing process.
3. Minor defects in the hot -dip galvanizing coating caused by shipping, handling, or
installation shall be repaired after equipment installation. The defects shall be
thoroughly cleaned and wire brushed to remove all foreign substances, wiped
clean with a suitable solvent, thoroughly dried, and coated with at least 3 mils of a
zinc rich compound (supplied by the Contractor) specifically formulated for touch-
up of galvanizing and conforming to USN Specification MIL -P-21035 or USAF
Specification MIL -P -26915A.
4. All fabricated members delivered to the project site shall be stored by the
Contractor in a position where they are raised off of the ground and well separated
to provide ventilation and drainage.
C. Stainless Steel Fabrication:
1. All wetted components of the clarifier mechanism including the center pier, drive
cage, collector arms, sludge tubes, flights, squeegees, influent well and supports,
RAS trough, scum wiper, and scum beach shall be Type 304 stainless steel.
2. The minimum sized structural shapes used for constructing any part of the center
pier, drive cage and flight arm shall be 3/16" thickness. All members shall be
adequate size to provide the resistance to any permanent damage from torque
applied from the clarifier spur gear drive. Design of the clarifier components shall
prevent any unusual warpage that is functionally and aesthetically unappealing
during the fabrication process.
RAPID SLUDGE REMOVAL CLARIFIER 13300-5

3. All welding techniques and sizes shall conform to the latest AWS Standards and
shall be performed by qualified welders. All welds shall be minimum 3/16" fillets
and shall be the full length of all mating surfaces of structural torque transferring
members. All weld cleaning shall be done with grinding disks, sanding disks or
polishing pads specifically designed for use on stainless steel that will leave no
carbon residue.
4. All field connections shall be bolted connections designed to resist all static, live,
and erection loads. Field welded assembly will not be allowed. All bolted structural
connections shall be gusseted as required to prevent deflection with minimum
3/16" thick steel plate. Main structural connections shall use a minimum of two (2)
5/8" diameter bolts. Secondary structural connections shall use a minimum of two
(2) 1/2" diameter bolts.
D. Anchorage and Fasteners:
1. All structural fasteners (excluding the tie rods) shall be type AISI 18-8 (300 series)
stainless steel.
2. All cast -in-place equipment anchorage, including nuts and washers shall be of
AISI Type 18-8 (316 series) stainless steel. The minimum size of any cast -in-place
anchor shall be 3/4" diameter.
3. All installed anchors shall be drop-in style (hole size equals bolt size) and shall
conform to Federal Specifications GSA FF -S-325, Group II, Type 4, Class 1.
Anchor bolts to be Type 18-8 (316 series) SS with clips, nuts and washers to be
Type18-8 (316 series) stainless steel.
2.02 CONSTRUCTION AND MATERIALS
A. Gear Drive Mechanism: The center drive assembly mounted to the center pier shall
consist of a cast iron turntable base with ball race, and an internal forged steel spur
gear designed such that the gear, bearing balls, and raceways can be removed for
service or replaced without removing the access bridge, gear housing, or
disconnecting the drive cage and anything attached thereto from the drive assembly.
All repairs or replacement of drive components can be performed without dewatering
the collector basin or disrupting the flow through the basin. All work should be
performed with the aid of only a portable hoist with no more than a one (1) ton capacity.
This disassembly procedure can be demonstrated to the Owner and Engineer during
the operator training of the clarifier equipment.
The main gear shall be an internal cut spur gear which shall be of AISI 1045 forged
steel, hardened to 280 to 320 BHN, having a 99,000 psi yield strength. The main
gear shall have teeth with a diametral pitch and length to produce up to 43,000 ft.
lbs. continuous operating torque as calculated by AGMA 218.01. The gear shall
have a minimum 35.0" pitch diameter. The gear teeth shall be stressed to no more
than the allowable bending stress at the continuous rated output torque. Life
factors should be based on 1 million load cycles.
2. The main bearing shall have a 40" ball race diameter and 1 1/4" diameter chrome
alloy balls with nylon spacers. The bearing balls shall run completely submerged
in an oil bath protected by dust seals. The bearing balls shall be of Type 52100
steel hardened to 60 / 66 Rc. The bearing balls shall rotate in a full circle four (4)
RAPID SLUDGE REMOVAL CLARIFIER 13300-6

point contact raceway having a 60 -degree contact angle for the transfer of large
thrust and overturning moment loading. The raceway shall be induction hardened
to 60 Rc for a depth of 3/16" and ground to shape.
3. A separate circular cast iron load and torque transfer ring with heavy cast iron
mounting pads for the drive cage shall be bolted to the inner rotating race of the
gear -bearing. Each of the mounting pads shall have provision for four (4) 3/4" dia.
Fasteners.
4. The main gear housing shall be a heavy casting of high strength Class 40B gray
iron. The housing shall be adequately proportioned and stiffened to support the
entire rotating weight of the mechanism, the access bridge, and all possible dead
and live loads anticipated for the life of the equipment. The housing shall be circular
in shape to conform to the general geometry of the spur gear bearing and load
plate and shall provide containment for the oil bath lubrication of the spur gear and
bearing.
5. The main gear housing shall be fitted with one (1) oil fill port and one (1) oil level
indicating site glass. One (1) drain shall be provided to assure the complete
removal of spent oil and condensate from the housing. The main housing shall
also be fitted with a minimum of eight (8) mounting / leveling bolts, 1" in diameter.
6. The spur gear shall be driven by an internal pinion. The pinion shall be machined
from AISI Type 4140 alloy steel, quenched and tempered to 350 to 40OBHN
hardness. The pinion shall be keyed to and driven by a low speed shaft mounted
between bearing assemblies to offset the overhung load produced by gear
meshing.
7. The intermediate gear reducer housing shall be constructed of SAE Class 30 gray
cast iron. Gears shall be manufactured from case hardened steel and hardened to
58-62 Rockwell C. All gear teeth are shaved or ground to ensure accurate tooth
profile.
Minimum 95% gear efficiency shall be achieved regardless of ratio. The bearings
shall be of ABEC-1 tolerance class. The shafting shall be of SAE 1045 steel or
equivalent. The shaft seals shall be of Nitrile (Buna-N) rubber with double lip on
the output seal. The reducer shall be rated for continuous duty at the mechanical
capacity and shall not be thermally limited. The gearbox shall be designed with a
high cross section modulus and a center wall for maximum rigidity.
The gear reducers shall be provided with stainless steel nameplates. The reducers
shall be AGMA rated to provide a maximum Class 1 output torque required to
achieve the required continuous operating torque. The reducer output shaft shall
be direct coupled to the drive pinion with machined slip fit tolerances to effectively
provide a continuous pinion shaft through the intermediate drive unit. The primary
gear motor shall be constructed to the same specifications as the intermediate
reducer with the exception of the integrally mounted motor and the hollow output
shaft.
8. The motor shall be 3 phase TEFC, with NEMA B characteristics. It shall be rated
for continuous duty at nameplate rating meeting electrical standards per NEMA
publication MG1. The conduit box and output shaft end shield/flange shall be of
SAE Class 30 gray cast iron. The motor shall have Class F winding insulation with
Mylar phase separators and slot liners. The stator shall be copper wound. The
RAPID SLUDGE REMOVAL CLARIFIER 13300-7

motor shall have an oil seal at the shaft end shield and V -ring at the fan end shield.
The motor shall have double sealed or shielded bearings lubricated for life. The
motor shall be fitted with stainless steel nameplates.
The motor stator shall be made of corrosion resistant aluminum alloy (Silafont-13).
The internal surfaces, including stator bore, windings, end shields, and conduit box
shall be coated with Dolph's Spray ER -41, Class F polyurethane red insulator. The
end shields and conduit box shall be sealed at the joints. Fastener hardware shall
be plated or stainless steel. The motor shall be painted with corrosion resistant
paint. The motor shall be rated for a 1.15 service factor.
9. A spring-loaded torque arm shall be attached to the secondary reducer to restrict
rotation of the primary reducer about the secondary reducer. The compression
imposed upon the spring shall be proportional to the amount of torque transmitted
between the primary and secondary reducers. The torque arm shall be fitted with
adjustable, magnetically actuated proximity switches to signal alarm at 70% of the
continuous output torque or shut-off when the load torque reaches 100% of
designated continuous output torque value.
In addition to providing signals at specific load torque set points, continuous torque
readout, as a percent of full load, shall be provided by a mechanical scale and
pointer integral to the torque arm. The torque monitor unit shall be suitable for
outdoor service including stainless steel or plated internal ports for corrosion
resistance. The components shall be intrinsically safe for hazardous locations.
10. The complete spur gear drive assembly shall rotate the rake arm at a tip speed of
approximately 7 to 10 ft./min. with the drive cage and rake arm assembly designed
to withstand approximately twice the design torque of the drive unit. The
continuous design torque capabilities of the clarifier mechanism will be based on
a 10 Ib./ft. arm loading factor multiplied by the squared radius of the clarifier basin.
At a minimum the continuous output torque shall be 25,000 ft./lbs.
E. Drive Control Panel: The Manufacturer of the sludge collector equipment shall provide
a local drive control panel mounted to the drive service platform handrail of the
mechanism. The interconnecting wiring and conduit shall be provided by the General
Contractor.
The drive control panel shall be a NEMA Size 1 combination starter with 3 leg
thermal overload protection and external reset, including a circuit breaker with
flange mounted visible disconnect switch, all in a NEMA 4X stainless steel
oversized enclosure. Additional devices mounted within the enclosure shall
include: a fused 0.5 KVA control power transformer; overload relay, pending
overload relay, and alarm silence relay; and, terminal strips for connecting the
overload and alarm contacts located in the drive torque monitor.
External controls shall be weatherproof NEMA 4X corrosion resistant and shall
include: pull -to -start, push -to -stop, illuminated run switch; alarm silence
pushbutton; and, overload reset push -buttons. A weatherproof combination horn
and light fixture with 100 -watt bulb shall be mounted to the top of the enclosure.
2. The Contractor shall provide 460 volt, 3-phase, 60 hertz electrical power to the
control panel and all interconnecting wire and rigid conduit between the control
panel and the torque monitor mounted to the spur gear drive.
RAPID SLUDGE REMOVAL CLARIFIER 13300-8

F. Center Pier Column: The Manufacturer shall provide a circular steel center pier with a
concentric sludge return pipe with a sleeve style connector for making the connection
to the imbedded sludge return piping as shown on the drawings. The top of the center
pier shall provide a stable and accurate surface upon which the main gear may be
mounted. The center pier shall support the main gear, access truss bridge, drive
service platform, and the entire weight of the rotating mechanism.
The center pier shall be sized as indicated in Section 1-01 C.2 and shall be
constructed of minimum 3/16" thick stainless steel plate or pipe. The pier shall be
provided with minimum 1" thick steel plate top and bottom flanges. The top flange
shall have mounting holes matching the main spur gear drive. The bottom flange
shall be provided for mounting to the center pier anchorage.
2. The area of the annular space between the outside diameter of the concentric
sludge return pipe and the inside diameter of the center pier shall not be less than
the area of the clarifier mixed liquor influent pipe. A minimum of four (4) outlet ports
shall be provided at the upper end of the pier with the top edge of the port opening
at least 6" below the bottom of the return sludge sight well. The total clear open
area of these ports shall be determined by the equipment manufacturer, but as a
minimum shall be greater than or equal to the area of the clarifier influent feed
pipe.
3. The center pier shall be shop fitted with an inner concentric sludge return pipe
schedule 10 stainless steel construction that is to be rigidly welded in position and
shall prevent mixing of the basin influent flow with the return sludge flow. The
concentric return sludge pipe shall be designed to prevent vortexing at its entrance
and shall terminate in a sleeve type coupling located approximately 22" above the
bottom flange of the center pier for connection to the embedded sludge return pipe.
The sleeve coupling shall present a smooth profile to avoid restricting the influent
flow. Couplings with external flanges and fasteners are unacceptable. Two (2)
access ports with bolted covers shall be provided at the center pier to allow this
connection to be made.
4. Four (4) inlet ports for the return sludge shall be provided. The total clear open
area of these ports shall be determined by the equipment manufacturer; but as a
minimum, shall be greater than or equal to the area of the sludge returns pipes.
The scum return pipe shall be located in the annular space between the influent
and RAS pipe and shall terminate with a sleeve coupling 22" above the bottom
flange of the center pier for connection to the underfloor scum return pipe.
Compression couplings with external flanges and fasteners are unacceptable.
Access ports with bolted covers shall be provided in the center pier to allow these
connections to be made.
6. An inlet port and collection box shall be provided in the center pier to transfer scum
from the rotating scum collection ring to a scum drop box connecting the scum
return pipe. A sleeve style coupling shall be provided to make this connection. An
access port and cover shall be provided to facilitate this connection.
G. Drive Cage Frame: A center rotating drive cage frame and integral sight well assembly
shall be furnished to provide an attachment structure for the sludge collector arms,
RAS and scum trough, and influent well. The drive cage shall be completely supported
and stabilized by the main gear bearing. No below water supports, bearings, or
bumpers will be allowed.
RAPID SLUDGE REMOVAL CLARIFIER 13300-9

1. The 6'- 6" square drive cage shall be fabricated from minimum 3/16" thick stainless
steel plate and shapes, be shop welded and for field bolted connections.
2. A center sight well, fabricated as an integral part of the drive cage, shall be
provided for the collection of sludge and scum from the rotating RAS troughs. The
floor of the sight well shall be positioned below the bottom of the sludge collection
troughs and shall include a dual continuous lip type neoprene seal acting against
the center pier to keep the return sludge from leaking back into the clarifier. The
sight well seal shall be replaceable from outside the sight well.
3. The drive cage shall be designed as a box truss for the load conditions described
in Section 2.01-A.
H. Scum Collection Trough / Box:
One (1) 12" wide tapered scum collection trough with approach ramp shall be
mounted to the scum collection sight well and influent feed well wall. This trough
shall be on the inside of the influent well and trap and remove scum at this location.
There shall be a stationary scum wiper mounted from the bridge to hold the scum,
push the scum up the inclined beach and deposit it into the scum trough.
2. 1'-6" deep x 4'- 6" square scum collection sight well surrounding the center pier
column shall be provided to collect scum into the scum ports located at the top of
the pier. Dual neoprene seal rings shall be provided to close the gap against the
outside diameter of the center pier column. A 6" diameter schedule 10 stainless
steel scum pipe shall be welded to the bottom of the scum box and carry captured
scum down to the clarifier floor via internal and external center pier piping and
flexible couplings.
Rake Arm Frames / Suction Pipes / Sludge Return Troughs: The sludge collector
mechanism shall have two (2) collector rake arm frames with V -plow flights arranged
to sweep the floor twice each revolution and a hydraulic differential sludge removal
system designed for high rate sludge return and concurrent skimming the clarifier
surface between the influent well and the scum baffle. The sludge removal system
shall consist of vertical withdrawal suction pipes connected to the bottom of the sludge
collection manifold troughs. This system shall allow for straight or nearly straight
sludge suction pipes that allow the sludge to be easily viewed, sampled, or cleaned
from the access truss bridge. The collection manifold shall consist of an open trough
that provides for visual inspection of the return sludge flows discharged from the
sludge suction pipes and for full surface skimming by means of skimming weirs located
at the liquid surface. Bent hydraulic differential pick-up pipes or submerged sludge
collection manifolds will not be allowed.
The rake arm frames shall be 10" deep formed stainless steel channel shapes
connected to the lower portion of the drive cage. V -plow flights shall be positioned
to direct sludge to the entrance of the nearest suction pipe. Flights shall be a
minimum 8" deep and shall be formed from 3/16" bent stainless steel plate.
Adjustable squeegees shall be provided of 26 gauge x 8" wide stainless steel and
shall be attached with 1/2 inch diameter stainless steel bolts in slotted holes on a
maximum of 24" centers. Stainless steel washers shall be provided for both sides
of the connection.
RAPID SLUDGE REMOVAL CLARIFIER 13300- 10

2. The sludge suction pipes shall be minimum schedule 10 wall stainless steel pipe
and be sized as indicated in Section 1.01-C.2. The sludge suction pipes shall
extend from a point near the floor to a flanged connection at the bottom of the
sludge collection manifold troughs. The pipes shall be straight and vertical with the
exception of the outermost tube which may have a maximum off -set of 20o from
the vertical provided that the suction point for the outermost tube on each arm shall
be located approximately 5'-0" from the inside wall of the clarifier.
3. The fabricated sludge collection troughs shall extend from the scum baffle to the
sight well built into the drive cage. The sludge collection troughs shall be sized to
induce and control the sludge flow from the suction pipes and convey the sludge
with minimal losses to the sight well. The sludge return troughs shall have stiffened
edges and the necessary cross bracing. The return sludge collection trough shall
have at least three (3) 12" wide x 4" deep scum collection ports on the forward face
to collect surface scum outside the inlet well.
At least one (1) weir shall be located at the outboard end of the trough, and one
(1) weir at the leading face just outside of the influent well. Each port shall be fitted
with an adjustable 14 gauge stainless steel weir plate. The outboard end of the
trough shall be angled back and have a wiper assembly that will continuously
contact the scum baffle, trapping scum for removal through the outboard scum
port.
4. Stainless steel tie rods shall be supplied to connect the elements of the rake arm
frame assembly and sludge collection trough and shall be minimum 5/8" in
diameter.
5. The rake arm frame, vertical suction piping, return sludge trough, and connecting
tie rods shall form a trussed system capable of withstanding the loads described
in Section 2.01-A. The tie rods shall be configured in order to maintain the top of
trough elevation in all empty or operating conditions.
J. Access Bridge / Service Platform: A fixed access truss bridge and drive service
platform shall be furnished to provide access to the center drive assembly. The bridge
shall span half the clarifier tank diameter and shall be supported at the tank wall and
the main spur gear drive assembly.
The bridge shall consist of a fabricated truss interlaced with cross angles and
diagonal angles for rigidity. Structurally, the bridge shall be designed such that the
maximum deflection shall be limited to 1/800 of the span, with all dead loads plus
a live load of 50 lbs./ft.2 on the walkway. The top rail of the truss acts as a handrail
and is 42" above the grating. The Manufacturer shall be responsible for sizing the
members to meet these requirements; except, that the design loads specified are
the minimum acceptable.
2. Two (2) slide plates shall be provided at the clarifier side wall to allow for thermal
expansion. The slide plates shall be a minimum of 1/2" thick carbon steel plate.
3. The bridge shall be provided with a minimum 36" wide walkway designed to allow
for an uninterrupted passage along its entire length to the center of the clarifier
basin. The access walkway shall consist of removable aluminum 1 -bar grating
sections; 1 1/2" deep x 3/16" x 1" clear openings.
RAPID SLUDGE REMOVAL CLARIFIER 13300-11

4. A drive service platform shall be provided to allow easy maintenance of the gear
drive assembly. The platform shall be nominal T-0" square fabricated from
minimum 6" deep channel shapes and angles. Platform to be covered with
removable 1/4" thick aluminum checkered floor plate.
5. The service platform to include an anodized aluminum handrail / kickplate system
provided for all sides assembled from 1 1/2" dia. schedule 40 aluminum pipe (if the
access bridge is a fabricated truss the handrail is part of the truss). The railing shall
be a two (2) rail system with the top rail located at 42" above the deck and include
a 4" wide extruded aluminum kickplate. The handrail system shall be Golden Rail
or equal and comply with all current OSHA standards.
K. Scum Spray System: A fixed scum spray system to be supplied to direct surface scum
into the return sludge and scum collection trough. System to include the following:
1. Water supply line fabricated from 2" dia. schedule 40 galvanized steel piping
starting at the basin wall, extending along the access truss bridge to the drive
service platform. Piping to supply spray water to three (3) individual surface
spray headers and include a cast iron Y -strainer with blow -off valve.
2. Two (2) surface spray headers fabricated from 2" dia. sch. 40 galvanized steel
pipe. One (1) header to extend from the peripheral scum baffle to the influent
feed well. The second header extends from the drive cage to the feed well.
Headers to include 1/2" dia. stainless steel drop pipes with flat pattern spray
nozzles spaced on approx. 48" centers and a cast iron screwed plug valve for
flow control and throttling.
Note: These two (2) outside spray headers to be supplied for manual operation
only.
3. One (1) foam suppressant spray assembly to be provide water around the
center column just below the gear drive. Assembly to be field assembled from
1" dia. schedule 80 PVC pipe and fittings and include five (5) PVC cone shape
nozzles, solenoid valve, and 1" dia. true -union plug valve for flow control and
throttling.
Note: This inner PVC spray system to be supplied for manual or automated
operation. Automated mode to coincide with the scum pump cycle.
L. Octagonal Flocculation Baffle: Clarifier influent shall exit the influent ports in the center
pier and be directed toward the water surface while velocities are being reduced and
diffused and scum directed to the water surface inside the octagonal flocculation baffle.
The flocculation baffle shall be fabricated from 3/16" thick steel plate and transition
from the square shape of the drive cage to an octagonal shape at the top, terminating
20 inches below the water surface. The flocculation baffle shall have a split floor plate
that bolts to the drive cage and comes to within 1" of the outside diameter of the center
pier.
M. Influent Feed Well: Clarifier influent shall pass through an influent feed well sized as
indicated in Section 1.01-C.2.
RAPID SLUDGE REMOVAL CLARIFIER 13300- 12

1. The influent well shall be furnished with a 3/16" thick stainless steel angle frame,
for attaching 16 gauge stainless steel sheets supported by structural channels
attached to the drive cage using minimum 3/4" diameter fasteners.
2. The influent well shall be supported by and rotate with the drive cage frame. Four
channels shall be provided to support the inlet well.
N. Scum Baffles and Weir Plates: Effluent trough mounted v -notch weir plates and scum
baffles shall be supplied for each clarifier. Weir plates, 3" deep 90 -degree v -notches x
9" tall attached to one side of the effluent trough with minimum 1/2" diameter stainless
steel anchors and oversize washers. Oversized holes shall be provided in both the
trough and the weir plate to provide vertical and horizontal adjustment. Scum baffles
are 1/4" x 12" tall and supported using two angles off the concrete wall with minimum
of (2) 1/2" diameter stainless steel anchors. Weirs and scum baffles are fiberglass.
O. Lubrication: Lubricants of the type recommended by the equipment Manufacturer shall
be furnished and applied by the General Contractor. The Contractor shall certify that
the collector drive system has received the proper amount of recommended lubricant.
P. Anchorage: The equipment manufacturer shall furnish all required anchor bolts,
leveling nuts, washers, and tie -down nuts and washers. The anchorage shall be placed
by the Contractor in exact accordance with the manufacturer's certified dimension
prints and as directed by the manufacturer. The Contractor shall furnish all templates
needed to accurately set the anchor bolts to the dimensions and projections specified.
END OF SECTION
RAPID SLUDGE REMOVAL CLARIFIER 13300- 13

DIVISION 16
SECTION 16100
ELECTRICAL — GENERAL PROVISIONS
PART 1 GENERAL
1.01 WORK
The work covered by these specifications consists of furnishing all labor, equipment,
supplies, and materials, and performing all operations, including trenching, backfilling,
cutting, channeling, chasing and patching necessary for the installation of complete wiring
systems in strict accordance with these specifications and the applicable drawings.
1.02 APPLICABLE SPECIFICATIONS AND STANDARDS
The applicable provisions of the following specifications and standards shall form a part
of these specifications:
Standards of Underwriters' Laboratories, Inc.
National Fire Protection Association
National Electrical Manufacturers Association
American National Standards Institute
PART 2 PERFORMANCE
2.01 GENERAL
The installation shall comply with the applicable rules of the National Electrical Code and
rules and regulations of local authorities having jurisdiction. In no case shall the materials
and workmanship fail to meet the minimum requirements of the latest edition of the
National Electrical Code.
The regulations of the local utility shall govern service connections and metering
provisions, when applicable.
An electrical inspection certificate shall be issued by the local authority before work will be
approved for final payment.
This Contractor shall do all cutting necessary for the proper installation of his work and
shall repair any damage done by himself or his workmen.
ELECTRICAL — GENERAL PROVISIONS 16100 - 1

2.02 MATERIALS
All materials used in this work shall be new and approved by the Underwriters'
Laboratories in every case where they have established a standard for the particular type
of material to be installed.
All lighting fixtures, when specified, shall bear the label of UL or be listed under their
reexamination service.
Catalog numbers and trade names in these specifications and noted on the Drawings are
intended to describe the material, device, or apparatus wanted and are not to be construed
as limiting competition.
2.03 SUPERVISION
The Contractor shall have in charge, at all times during construction, a thoroughly
competent foreman with extensive experience in the work to be performed under this
contract. Anyone deemed not capable by the Engineer shall be replaced immediately
upon request, and after a satisfactory foreman has been assigned, he shall not be
withdrawn without the written consent of the Engineer.
2.04 GROUNDING
The conduit and neutral conductors of the wiring systems and all electrical equipment shall
be grounded. The ground connection of the electric system neutral and conduit system
shall be made at the main service switch or circuit breaker.
A green THW copper ground conductor sized in accordance with the NEC shall be
extended from the main service equipment to driven grounding electrodes. The conduit
shall be bonded to the grounding conductor at each end of the conduit. In addition, a green
conductor sized in accordance with the NEC shall be installed in all branch circuit conduits
and feeder conduits in addition to the circuit conductors.
all6'�TT IatKe_1
All wiring shown on the Contract Drawings shall be in conduit. Branch circuit conductors
shall be as indicated on the Drawings.
Conductors shall be continuous from outlet to outlet and no splices shall be made except
within outlet or junction boxes. Junction boxes may be utilized where required.
2.06 OTHER REQUIREMENTS
See Drawing E-2 for other applicable specifications.
END OF SECTION
ELECTRICAL — GENERAL PROVISIONS 16100-2

Irerracon
GeoRep ro
Geotechnical Engineering Report
Clarifier Addition — Wilkesboro VW11TP
Wilkesboro, Wilkes County, North Carolina
March 14, 2018
Terracon Project No. 75185002
Prepared for:
Cubic Design Group PC
North Wilkesboro, North Carolina
Prepared by:
Terracon Consultants, Inc.
Greensboro, North Carolina

March 14, 2018
Cubic Design Group PC
PO Drawer 1989
North Wilkesboro, North Carolina 28659
Attn: Mr. Frank J. Taracido, PE
P: [phone]
E: frank.lm.taracidot�cubicdesigngroup.com
Re: Geotechnical Engineering Report
Clarifier Addition —Wilkesboro WWTP
700 Snyder Road
Wilkesboro, Wilkes County, North Carolina
Terracon Project No. 75185002
Dear Mr. Taracido:
Irerracon
GeoReport
We have completed the Geotechnical Engineering services for the above referenced project. This
study was performed in general accordance with Terracon Proposal No. P75185002 dated
January 10, 2018. This report presents the findings of the subsurface exploration and provides
geotechnical recommendations concerning earthwork and the design and construction of support
for the new clarifier.
We appreciate the opportunity to be of service to you on this project. If you have any questions
concerning this report, or if we may be of further service, please contact us.
Sincerely,
Terracon Consultants, Inc.
Odan A. Benson, EI
roject Manager
a\\\ititi911ffiff
Aye
/
849
PE
rincipat`N6'y:!� Manager
Registered NC No. 018493
313G/1_
Terracon Consultants, Inc. 7327-G West Friendly Ave Greensboro, North Carolina 27410
P [phone] F [phone] terracon.com

1 rerracon
Geo—Re port
REPORT TOPICS
INTRODUCTION............................................................................................................. 1
GENERALCOMMENTS................................................................................................. 1
SITECONDITIONS.........................................................................................................3
GEOTECHNICAL CHARACTERIZATION...................................................................... 3
PROJECT DESCRIPTION..............................................................................................5
GEOTECHNICAL OVERVIEW....................................................................................... 5
EARTHWORK................................................................................................................ 6
SHALLOW FOUNDATIONS.........................................................................................
10
SEISMIC CONSIDERATIONS......................................................................................
11
Note: This report was originally delivered in a web -based format. Orange Bold text in the report indicates a referenced
section heading. The PDF version also includes hyperlinks which direct the reader to that section and clicking on the
lr�R`, ' logo will bring you back to this page. For more interactive features, please view your project online at
client.terracon.com.
ATTACHMENTS
SITE LOCATION AND EXPLORATION PLANS
EXPLORATION RESULTS (Boring Logs)
SUPPORTING INFORMATION (General Notes and Unified Soil Classification System)
Responsive & Resourceful ■ Reliable

Geotechnical Engineering Report
Clarifier Addition — Wilkesboro WWTP
700 Snyder Road
Wilkesboro, Wilkes County, North Carolina
Terracon Project No. 75185002
March 14, 2018
INTRODUCTION
This report presents the results of our subsurface exploration and geotechnical engineering
services performed for the proposed Clarifier Addition — Wilkesboro WWTP to be located at 700
Snyder Road in Wilkesboro, Wilkes County, North Carolina. The purpose of these services is to
provide information and geotechnical engineering recommendations relative to:
Subsurface soil conditions
Groundwater conditions
Site preparation and earthwork
Clarifier Support
Seismic site class
Empirically calculated settlement
estimates
The geotechnical engineering scope of services for this project included the advancement of three
test borings to depths ranging from approximately 29 to 68 feet below existing site grades.
Maps showing the site and boring locations are shown in the Site Location and Exploration
Plan sections, respectively. The results of the laboratory testing performed on soil samples
obtained from the site during the field exploration are included on the boring logs and as separate
graphs in the Exploration Results section of this report.
GENERAL COMMENTS
As the project progresses, we address assumptions by incorporating information provided by the
design team, if any. Revised project information that reflects actual conditions important to our
services is reflected in the final report. The design team should collaborate with Terracon to
confirm these assumptions and to prepare the final design plans and specifications. This facilitates
the incorporation of our opinions related to implementation of our geotechnical recommendations.
Any information conveyed prior to the final report is for informational purposes only and should
not be considered or used for decision-making purposes.
Our analysis and opinions are based upon our understanding of the project, the geotechnical
conditions in the area, and the data obtained from our site exploration. Natural variations will occur
between exploration point locations or due to the modifying effects of construction or weather.
Responsive a Resourceful ■ Reliable 1

Geotechnical Engineering Report lrerracon
Clarifier Addition —Wilkesboro WWTP Wilkesboro, Wilkes County, North
Carolina CieoReport
March 14, 2018 Terracon Project No. 75185002
The nature and extent of such variations may not become evident until during or after construction.
Terracon should be retained as the Geotechnical Engineer, where noted in the final report, to
provide observation and testing services during pertinent construction phases. If variations
appear, we can provide further evaluation and supplemental recommendations. If variations are
noted in the absence of our observation and testing services on-site, we should be immediately
notified so that we can provide evaluation and supplemental recommendations.
Our scope of services does not include either specifically or by implication any environmental or
biological (e.g., mold, fungi, bacteria) assessment of the site or identification or prevention of
pollutants, hazardous materials or conditions. If the owner is concerned about the potential for
such contamination or pollution, other studies should be undertaken.
Our services and any correspondence or collaboration through this system are intended for the
sole benefit and exclusive use of our client for specific application to the project discussed and
are accomplished in accordance with generally accepted geotechnical engineering practices with
no third party beneficiaries intended. Any third party access to services or correspondence is
solely for information purposes to support the services provided by Terracon to our client. Reliance
upon the services and any work product is limited to our client, and is not intended for third parties.
Any use or reliance of the provided information by third parties is done solely at their own risk. No
warranties, either express or implied, are intended or made.
Site characteristics as provided are for design purposes and not to estimate excavation cost. Any
use of our report in that regard is done at the sole risk of the excavating cost estimator as there
may be variations on the site that are not apparent in the data that could significantly impact
excavation cost. Any parties charged with estimating excavation costs should seek their own site
characterization for specific purposes to obtain the specific level of detail necessary for costing.
Site safety, and cost estimating including, excavation support, and dewatering
requirements/design are the responsibility of others. If changes in the nature, design, or location
of the project are planned, our conclusions and recommendations shall not be considered valid
unless we review the changes and either verify or modify our conclusions in writing.
Responsive a Resourceful m Reliable 2

Geotechnical Engineering Report
Clarifier Addition — Wilkesboro WWTP
Carolina
March 14, 2018 Terracon Project No
SITE CONDITIONS
Wilkesboro, Wilkes County, North
75185002
lrerracon
GeoReport
The following description of site conditions is derived from our site visit in association with the
field exploration and our review of publicly available geologic and topographic maps.
Item Description
Parcel Information The project is located at 700 Snyder Road in Wilkesboro, Wilkes County,
North Carolina. See Site Location
Existing Electrical lines for tent and RV campsites are located east and west of the
Improvements proposed new clarifier and runs from the north to the south.
Current Ground
The proposed clarifier site is grass covered.
Cover
Existing Topography
Geology
Based on Wilkes County GIS information, the site generally slopes
downward from the east toward the west. Elevations across the site range
from about 954 to 952 feet.
The project site is located in the Piedmont Physiographic Province, an area
underlain by ancient igneous and metamorphic rocks. The residual soils in this
area are the product of in-place chemical weathering of rock. The typical residual
soil profile consists of clayey soils near the surface where soil weathering is more
advanced, underlain by sandy silts / silty sands that generally become harder /
denser with depth to the top of parent bedrock. In residual materials the
transition from soil to rock occurs gradually over a vertical distance ranging
from a few feet to tens of feet. This transitional zone is termed "partially
weathered rock" which is defined for engineering purposes as residual
material that can be drilled with soil drilling methods and exhibits standard
penetration test values in excess of 100 blows per foot. According to the 1985
Geologic Map of North Carolina, the bedrock under the site is Biotite Gneiss and
Schist from the Cambrian/Late Proterozoic period.
GEOTECHNICAL CHARACTERIZATION
Subsurface Profile
We have developed a general characterization of the subsurface soil and groundwater conditions
based upon our review of the data and our understanding of the geologic setting and planned
construction. The following table provides our geotechnical characterization.
The geotechnical characterization forms the basis of our geotechnical calculations and evaluation
of site preparation, foundation options and pavement options. As noted in General Comments,
the characterization is based upon widely spaced exploration points across the site, and variations
are likely.

Geotechnical Engineering Report
Clarifier Addition —Wilkesboro WWTP Wilkesboro, Wilkes County, North
Carolina
March 14, 2018 Terracon Project No. 75185002
lrerracon
GeoReport
Stratum
Approximate Depth of
Stratum (feet)
Material Description
Consistency/Density
N/A
1
0.0 to 0.4
Topsoil
0.4 to 3.5
3.5 to 8.0
2
Fill — sandy silt, brown, moist and
wet
Medium Stiff
Soft to medium stiff
3
Fill — elastic silt, with sand, brown
8.0 to 13.5
13.5 to 33.0'
Very loose and loose
Medium dense to
dense
4
Alluvial - sampled as silty sand and
clayey sand
Residual — silty sand, tan brown and
brown
5
33.0 to 68.3
6
Partially weathered rock
N/A
Silty sand was encountered in boring B-3 at approximately 33.5 feet to 38.5 feet below existing grade
Conditions encountered at each boring location are indicated on the individual boring logs shown
in the Exploration Results section and are attached to this report. Stratification boundaries on
the boring logs represent the approximate location of changes in native soil types; in situ, the
transition between materials may be gradual.
Groundwater Conditions
The boreholes were observed while drilling and after completion for the presence and level of
groundwater. The water levels observed in the boreholes can be found on the boring logs in
cxpiorat►on Kesu, , and are summarized below.
Boring Number
B-1
B-2
Approximate Depth to
Groundwater while Drilling
(feet)
14.3
6.5
Approximate Depth to
Groundwater at Completion of
Drilling (feet)
10.5
6.5
B-3— I 10.3 7.8
1. Below ground surface
Groundwater level fluctuations occur due to seasonal variations in the amount of rainfall, runoff
and other factors not evident at the time the borings were performed. Therefore, groundwater
levels during construction or at other times in the life of the structure may be higher or lower than
the levels indicated on the boring logs. The possibility of groundwater level fluctuations should be
considered when developing the design and construction plans for the project.

Geotechnical Engineering Report lrerracon
Clarifier Addition —Wilkesboro WWTP Wilkesboro, Wilkes County, North
Carolina
GeoReport
March 14, 2018 Terracon Project No. 75185002
PROJECT DESCRIPTION
Our initial understanding of the project was provided in our proposal and was discussed in the
project planning stage. A period of collaboration has transpired since the project was initiated,
and our final understanding of the project conditions is as follows:
Item Descriotion
Information Provided Information and preliminary site plan was provided by Mr. Frank Traracido,
PE.
Project Description
Proposed Structures
Finished Floor
Elevation
The project will include construction of a new, 100 -foot diameter clarifier at the
existing Wilkesboro Waste Water Treatment Plan. The clarifier will have a
depth of about 26 feet.
Cast -in-place concrete will be used for construction. An existing splitter box
will be expanded to the south of the new clarifier.
The bottom of clarifier elevation will begin at an elevation of approximately 947
feet at the side wall and slope to 945 feet with a 21 -foot diameter section at
the center of the bottom of the clarifier at an approximate elevation of 938 feet.
Maximum Loads The resulting ground -bearing net load will be less than 500 pounds per square
(estimated) foot.
Grading/Slopes We expect maximum excavation of about 15 feet and maximum fill depths of
5 to 10 feet.
Below Grade
Structures The clarifier will have a total depth of about 26 feet, with 15 feet below grade.
GEOTECHNICAL OVERVIEW
Difficult excavation may impact excavation operations, such as in the area of boring B-3. Dense
material can be expected at depths ranging between 13.5 (elevation 940 feet) to 33.5 (elevation 920
feet) feet below the existing ground surface. Elevations of weathered rock and rock at areas explored
can be found on the boring logs.
We understand the project will involve of approximately 15 feet of excavation within the clarifier
footprint. Existing fill and alluvial material was encountered in all of the soil tests borings to a depth
of approximately 13.5 feet below the existing ground surface. The majority of the fill and alluvium
will be removed during excavation; however, some areas may require over -excavation and
replacement as the depth of unsuitable material may vary.
A seismic site class of D can be used for structural design
Permanent and temporary groundwater control should be anticipated for this project.
Groundwater was observed while drilling and after 24 hours in borings B-1 through B-3 at depths

Geotechnical Engineering Report Irerracon
Clarifier Addition — Wilkesboro WWTP ■ Wilkesboro, Wilkes County, North
Carolina GeoRepoirt
March 14, 2018 Terracon Project No. 75185002
ranging between 6.5 to 10.5 feet below existing ground surface, with the highest elevation being
about 948 feet.
The General Comments section provides an understanding of the report limitations.
EARTHWORK
Earthwork will include excavations and fill placement. The following sections provide
recommendations for use in the preparation of specifications for the work. Recommendations
include critical quality criteria as necessary to render the site in the state considered in our
geotechnical engineering evaluation for foundations.
Existing Fill and Alluvial Soil
As noted in Geotechnical Characterization, each of the borings encountered existing fill to
depths ranging from about 6 to 8.5 feet with underlying alluvial material to depth of approximately
13.5 feet. Support of the clarifier on or above existing fill soils and alluvium is not recommended.
Prior to design excavation and removal and replacement of poor fill and alluvial soil, groundwater
control will be required. Temporary groundwater control may include the use of groundwater cut-
off trenches, slurry walls, sump areas and pumps, and the use of pumped well points. The type
of groundwater control that best suites the project will generally be dictated by construction
schedule and sequencing.
Once the fill and alluvial soil is removed, we anticipate that stabilization of the soil subgrade will
be needed prior to placement of new fill. Stabilization options may include surface drying,
chemical stabilization, the use of geosynthetic and select granular material, or solely select
granular material. Stabilization options should be chosen by the geotechnical engineer at the time
od construction.
Fill Material Types
Fill used for this project should be classified as structural fill. Structural fill is material used below,
or within 10 feet of the proposed clarifier. General fill is material used to achieve grade outside of
these areas. Earthen materials used for structural and general fill should meet the following
material property requirements:
Soil Type USCS
Classification
Imported Low- to Moderate- CL, ML, SC or SM
Plasticity Soil
Acceptable Parameters (for Structural Fill)
All locations and elevations

Geotechnical Engineering Report
Clarifier Addition —Wilkesboro WWTP Wilkesboro, Wilkes County, North
Carolina
March 14, 2018 ■ Terracon Project No. 75185002
Soil Type 1 1 USCS
Classification
Sand / Gravel with less than
15% fines GW, SW
(silt and clay) 2
1%rracon
GeoReport
Acceptable Parameters (for Structural Fill)
All locations and elevations
On-site soils ML, SC, or SM All locations and elevations
1 Structural and general fill should consist of approved materials free of organic matter and debris. Frozen
material should not be used, and fill should not be placed on a frozen subgrade. A sample of each material
type should be submitted to the Geotechnical Engineer for evaluation prior to use on this site.
"Clean" sand (less than 15% silt and clay) should not be used as general site fill in building and pavement
areas to reduce risk of perched water developing in the surface fill as water infiltrating the sand fill
becomes trapped above the less permeable clay located near the ground surface.
Fill Compaction Requirements
Structural fill should meet the following compaction requirements.
Item Structural Fill
8 inches or less in loose thickness when heavy, self-propelled compaction
Maximum Lift equipment is used
Thickness 4 to 6 inches in loose thickness when hand -guided equipment (i.e. jumping
jack or plate compactors is used
Minimum Compaction
Requirements ,2 95% of max. above foundations, below floor slabs
Water Content Low plasticity cohesive: -2% to +3% of optimum
o
High plasticity cohesive: 0 to +4% of optimum
Range Cohesiveless: -1% to +4% of
1 Maximum density and optimum water content as determined by the standard Proctor test (ASTM D 698).
2 Engineered fill should be tested for moisture content and compaction during placement. If in-place
density tests indicate the specified moisture or compaction limits have not been met, the area
represented by the tests should be reworked and retested as required until the specified moisture and
compaction requirements are achieved.
Utility Trench Backfill
The groundwater table could affect excavation efforts during utility trench backfill. A temporary
dewatering system could be necessary to achieve the recommended depth of over -excavation.
All trench excavations should be made with sufficient working space to permit construction including
backfill placement and compaction. If utility trenches are backfilled with relatively clean granular

Geotechnical Engineering Report
Clarifier Addition — Wilkesboro WWTP ■ Wilkesboro, Wilkes County, North eG
Carolina
March 14, 2018 Terracon Project No. 75185002
material, they should be capped with at least 18 inches of cohesive fill in non -pavement areas to
reduce the infiltration and conveyance of surface water through the trench backfill.
For low permeability subgrades, utility trenches are a common source of water infiltration and
migration. Utility trenches penetrating beneath the building should be effectively sealed to restrict
water intrusion and flow through the trenches, which could migrate below the building. The trench
should provide an effective trench plug that extends at least 5 feet from the face of the building
exterior. The plug material should consist of cementitious flowable fill or low permeability clay.
The trench plug material should be placed to surround the utility line. If used, the clay trench plug
material should be placed and compacted to comply with the water content and compaction
recommendations for structural fill stated previously in this report.
Grading and Drainage
All grades must provide effective drainage away from the clarifier during and after construction
and should be maintained throughout the life of the structure. Water retained next to the clarifier
can result in soil movements greater than those discussed in this report. Greater movements can
result in unacceptable differential movements.
Exposed ground should be sloped and maintained at a minimum 5 percent away from the clarifier
for at least 10 feet beyond the perimeter of the clarifier. After clarifier construction and
landscaping, final grades should be verified to document effective drainage has been achieved.
Grades around the structure should also be periodically inspected and adjusted as necessary as
part of the structure's maintenance program. Where flatwork abuts the structure a maintenance
program should be established to effectively seal and maintain joints and prevent surface water
infiltration.
Earthwork Construction Considerations
Upon completion of excavation and filling, care should be taken to maintain the subgrade water
content prior to construction the clarifier. Construction traffic over the completed subgrades should
be avoided. The site should also be graded to prevent ponding of surface water on the prepared
subgrades or in excavations. Water collecting over, or adjacent to, construction areas should be
removed. If the subgrade freezes, desiccates, saturates, or is disturbed, the affected material
should be removed, or the materials should be scarified, moisture conditioned, and recompacted,
prior to floor slab construction.
Partially weathered rock and auger refusal materials are present at various elevations across the
site. Zones of variable density soil and PWR exist throughout the depths of the soil profile at various
locations across the site, which can affect the excavation techniques. For mass grading, it has been
our experience that material with a standard penetration resistance of 50/6" and 50/5" can be ripped

Geotechnical Engineering Report
Clarifier Addition — Wilkesboro WWTP ■ Wilkesboro, Wilkes County, North
Carolina
March 14, 2018 Terracon Project No. 75185002
and moved with a D-8 (or larger) equipped with a single -tooth ripper. Weathered rock with a standard
penetration resistance of 50/4", 50/3", 50/2", 50/1" and 50/0" will likely require blasting
Approximate Depth to Depth to
Depth to top
Boring Surface Elevation Hard Rock groundwater
(feet) of PWR (feet) (feet) (feet)
ti -1
y5L l y.0
--
_1u.0
B-2
954 33.5
--
6.5
B-3
954 13.5
68.3
7.8
Groundwater control is the purposeful drawdown of groundwater below subgrades elevations, to
facilitate construction and to mitigate long term problems associated with groundwater. Permanent
groundwater control measures typically consist of French drain systems and/or permanent sumps.
The type of groundwater control that best suites the project will generally be dictated by
construction schedule and sequencing.
Temporary groundwater control measures typically consist of gravity ditches, well points, sump
pumps, pumping from gravel lined and cased sumps, or other suitable methods. Whatever method
used, the groundwater control should be in place and operating continuously (around the clock) to
achieve and maintain the desired drawdown in advance of excavation, compaction or other
construction. It is the contractor's responsibility to plan for and budget for temporary groundwater
control. The means and methods of lowering the groundwater are at the contractor's discretion.
All temporary excavations should be sloped or braced as required by Occupational Health and
Safety Administration (OSHA) regulations to provide stability and safe working conditions.
Temporary excavations will probably be required during grading operations. The grading
contractor, by his contract, is usually responsible for designing and constructing stable, temporary
excavations and should shore, slope or bench the sides of the excavations as required, to
maintain stability of both the excavation sides and bottom. All excavations should comply with
applicable local, state and federal safety regulations, including the current OSHA Excavation and
Trench Safety Standards. .
Construction site safety is the sole responsibility of the contractor who controls the means,
methods, and sequencing of construction operations. Under no circumstances shall the
information provided herein be interpreted to mean Terracon is assuming responsibility for
construction site safety, or the contractor's activities; such responsibility shall neither be implied
nor inferred.

Geotechnical Engineering Report irerracon
Clarifier Addition —Wilkesboro WWTP Wilkesboro, Wilkes County, North - -
Carolina GeORepOi►t
March 14, 2018 Terracon Project No. 75185002
Construction Observation and Testing
The earthwork efforts should be monitored under the direction of the Geotechnical Engineer.
Monitoring should include documentation of adequate removal of vegetation and top soil, proof -
rolling and mitigation of areas delineated by the proof -roll to require mitigation.
Each lift of compacted fill should be tested, evaluated, and reworked as necessary until approved
by the Geotechnical Engineer prior to placement of additional lifts. Each lift of fill should be tested
for density and water content at a frequency of at least one test for every 2,500 square feet of
compacted fill in the clarifier area. One density and water content test for every 100 linear feet of
compacted utility trench backfill.
In areas of foundation excavations, the bearing subgrade should be evaluated under the direction
of the Geotechnical Engineer. In the event that unanticipated conditions are encountered, the
Geotechnical Engineer should prescribe mitigation options.
In addition to the documentation of the essential parameters necessary for construction, the
continuation of the Geotechnical Engineer into the construction phase of the project provides the
continuity to maintain the Geotechnical Engineer's evaluation of subsurface conditions, including
assessing variations and associated design changes.
STRUCTURE SUPPORT
If the site has been prepared in accordance with the requirements noted in Earthwork, the
following design parameters are applicable for support of the clarifier.
Design Parameters — Compressive Loads
Item Description
Maximum Net Allowable Bearing 2,000 psf
pressure
Estimated Total Settlement from
Structural Loads 2 Less than about 1 inch
Estimated Differential Settlement 2,3 Less than about 1 inch
I The maximum net allowable bearing pressure is the pressure in excess of the minimum surrounding
overburden pressure at the footing base elevation. An appropriate factor of safety has been applied. These
bearing pressures can be increased by 1/3 for transient loads unless those loads have been factored to
account for transient conditions. Values assume that exterior grades are no steeper than 20% within 10
feet of structure.
2. Values provided are for maximum loads noted in Proiect Descriptio,.
3 Differential settlements are as measured from the center to the edge of the clarifier.

Geotechnical Engineering Report 1rerracon
Clarifier Addition —Wilkesboro WWTP Wilkesboro, Wilkes County, North
Carolina CieoRepoi t
March 14, 2018 Terracon Project No. 75185002
Foundation Construction Considerations
As noted in Earthwork, the foundation excavation should be evaluated under the direction of the
Geotechnical Engineer. The base of all clarifier excavations should be free of water and loose
soil, prior to placing concrete. Concrete should be placed soon after excavating to reduce bearing
soil disturbance. Care should be taken to prevent wetting or drying of the bearing materials during
construction. Excessively wet or dry material or any loose/disturbed material in the bottom of the
foundation excavation should be removed/reconditioned before foundation concrete is placed.
If unsuitable bearing soils are encountered at the base of the planned clarifier excavation, the
excavation should be extended deeper to suitable soils, and the concrete for the bottom of the
clarifier could bear directly on these soils at the lower level or on lean concrete backfill placed in
the excavations.
SEISMIC CONSIDERATIONS
The seismic design requirements for buildings and other structures are based on Seismic Design
Category. Site Classification is required to determine the Seismic Design Category for a structure.
The Site Classification is based on the upper 100 feet of the site profile defined by a weighted
average value of either shear wave velocity, standard penetration resistance, or undrained shear
strength in accordance with Section 20.4 of ASCE 7-05.
Description i Value
North Carolina Building Code Site Classification (IBC) ID'
Site Latitude 36.1531
Site Longitude -81.1361
SDs Spectral Acceleration for a Short Period Z
Sol Spectral Acceleration for a 1 -Second Period'
2.
0.289g
0.146g
The North Carolina Building Code (IBC) uses a site profile extending to a depth of 100 feet for seismic site
classification. Borings at this site were extended to a maximum depth of 68.3 feet. The site properties below
the boring depth to 100 feet were estimated based on our experience and knowledge of geologic conditions
of the general area. Additional deeper borings or geophysical testing may be performed to confirm the
conditions below the current boring depth.
These values were obtained using online seismic design maps and tools provided by the USGS
(http://earthguake.usgs.gov/hazards/designmaps/).

ATTACHMENTS

SITE LOCATION AND EXPLORATION PLANS

SITE LOCATION lrerralcon
Clarifier Addition —Wilkesboro WWTP Wilkesboro, Wilkes County, North Carolina GeoReport
March 14, 2018 . Terracon Project No. 75185002
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EXPLORATION PLAN 1rerracon
Clarifier Addition — Wilkesboro WWTP ■ Wilkesboro, Wilkes County, North Carolina GeoReport
March 14, 2018 ■ Terracon Project No. 75185002
1 `
NEW CIARIF1
No
B-2 �, «•
s
I
e -3
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1 n
100 feet
DIAGRAM IS FOR GENERAL LOCATION ONLY. AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES DRAWING PROVIDED BY CUBIC DESIGN GROUP

EXPLORATION RESULTS

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CLARIFIER ON-WILKESBORO WINFP
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700 SUNDER STREET
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,27 Greenaearo NC
NflLKESBORO, NC

F— BORING LOG NO. B-1
Pae 1 of 1
PROJECT: Clarifier Addition - Wilkesboro WWTP
CLIENT: Cubic Design Group PC
North Wilkesboro, NC
SITE: 700 Synder Street
Wilkesboro, NC
CD
LOCATION See Exploration Plan
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ATTERBERG
o LIMITS
U
Latitude: 36.1531 ° Longitude: -81.1363°
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Approximate Surface Elev: 952 (Ft.) +/-
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DEPTH ELEVATION Ft.
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N
TOPSOIL, 5" +
3-2-3
3.5 FILL -SANDY SILT (ML), brown to red, medium stiff, moist to wet 946.5+/_
-
N=5
FILL - ELASTIC SILT tMH), with sand, brown, soft, moist
5
1-1-2
s.o 946+/-
N=3
ALLUVIAL - SAMPLED AS CLAYEY SAND, brown, loose, saturated
2-1-3
—T
8.5 943.5+/-
1
N=4
ALLUVIAL - SAMPLED AS SILTY SAND, trace clay, red brown, loose, saturated
2.2.2
N=4
13.5 938.5+/-
4-12-16
RESIDUAL - SILTY SAND (SM), tan brown and brown, medium dense, moist
15
N=28
.19.0
933+/-
47-50/4"
gray, mots
PARTIALLY WEATHERED ROCK -SAMPLED AS SILTY SAND, t
2
50/4"
23.5 928.5+/-
25
SILTY SAND ISM), with mica, brown, dense, moist
9-16-16
N=32
29.5 922.5+/-
PARTIALLY WEATHERED ROCK - SAMPLED AS SILTY SAND, red brown,
9-20-50/5"
oist
Boring Terminated at 29.9 Feet
Stratification lines are approximate. In-situ, the transition may be gradual. Hammer Type: Automatic
Advancement Method:
See for a
Notes:
Hollow Stem Auger
description of field and laboratory procedures
used and additional data (If any).
See for explanation of
symbols and abbreviations.
Abandonment Method:
Boring backfilled with auger cuttings upon completion.
WATER LEVEL OBSERVATIONS
Irerracon
7327 W Friendly Ave Ste G
Greensboro, NC
Boring Started: 02-06-2018
Boring Completed: 02-06-2018
While difflpleing
-V-At completion of dolling
Drill Rig: 8-57
Driller: M.Hartley
Project No.: 75185002

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BORING LOG NO. B-2 Page 1 of 1
PROJECT: Clarifier Addition - Wilkesboro WWrP
CLIENT: Cubic Design Group PC
North Wilkesboro, NC
SITE: 700 Synder Street
wilkesboro, NC
d
00
M
a
LOCATION See �� =-s' �� o,�,�
Latitude: 36.1532° Longitude: -81.1361*
Approximate Surface Elev: 954 (Ft.) +/-
DEPTH ELEVATION Fl.
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=
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ATTERBERG
LIMITS
LL -PL -PI
TOPSOIL, 4" +
5
Amx
10—
15
2
25
3
35
-
__
2-3-3
N=6
3.0 FILL - SANDY SILT ML , trace gravel, brown, medium stiff, moist 951+/-
FILL - ELASTIC SILT (MH), with sand, brown, medium stiff to soft, wet
6.0 946+/-
2-3-3
N=6
2-1-2
N=3
ALLUVIAL - SAMPLE AS SAND, gray, very loose, saturated
13.5 940.5+/ -
2-1-2
N=3
F.
RESIDUAL - SILTY SAND (SM), gray and brown, medium dense to very dense,
moist
28.5 925.5+/ -
7-11-15
N=26
17-30-30
N=60
25-30-26
N=56
SILTY SAND (SM), with mica, brown, very dense, moist
33.5 920.5+/ -
42-26-34
N=60
PARTIALLY WEATHERED ROCK -SAMPLED AS SILTY SAND, brown, moist
39.7 914.5+/-
26-45-50/2"
50/2"
— —
Boring Terminated at 39.7 Feet
Stratification lines are approximate. In-situ, the transition may be gradual. Hammer Type: Automatic
Advancement Method:
Hollow Stem Auger
See for a
description of field and laboratory procedures
used and additional data (If any).
See for explanation of
symbols and abbreviations.
Nates:
Abandonment Method:
Boring backfilled with auger cuttings upon completion.
WATER LEVEL OBSERVATIONS
1rerracon�
7327 W Friendly Ave Ste G
Greensboro, NC
Boring Started: 02-06-2018
Boring Completed: 02-06-2018
Q While drilling
At completion of drilling
Drill Rig: B-57
Driller: M.Hartley
Project No.: 75185002
Jim

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BORING LOG NO. B-3 Pae 1 of 1
PROJECT: Clarifier Addition - Wilkesboro WWTP
CLIENT: Cubic Design Group PC
North Wilkesboro, NC
SITE: 700 Synder Street
i wilkesboro, NC
C7
OU
x
Q
LOCATION See Exploration Plan
Latitude: 36.1531" Longitude: -81.1361°
Approximate Surface Elev: 954 (Ft.) +/-
DEPTH ELEVATION Ft.
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W
O�
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LL a
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aw
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ATTERBERG
LIMITS
LL -PL -PI
F6.
TOPSOIL, 4" +
5
15
2
25
3
35
40—
45
50—
55
60—
65
--
__
FILL - SANDY SILT ML ,brown, stiff, moist 951+/
3-4-5
N=g
FILL - ELASTIC SILT (MH), with sand, brown, medium stiff, moist 948+/_
FILL - SANDY SILT (ML), trace mica, brown with orange, soft, wet
945.5+/-
2-3-3
N=6
2-1-2
N=3
N=3
ALLUVIAL - SAMPLED AS CLAYEY SAND, gray, very loose, saturated
13.5 940.5+/ -
N=1
138.5
PARTIALLY WEATHERED ROCK - SAMPLED AS SILTY SAND, brown, moist
33.5 920.5+/ -
SILTY SAND (SM), tan brown, dense, moist
915.5+/-
50
50/6"
26-42-50/4"
-
19-50
50/6"
46-50/3"
50/3"
_
40-24-18
N=42
PARTIALLY WEATHERED ROCK - SAMPLED AS SILTY SAND, tan brown and
red brown, moist
68.3 886+/ -
50/3"
50/2"
50/4"
50/1
50/1"
50/0"
Auger Refusal at 68.25 Feet
Stratification lines are approximate. In-situ, the transition may be gradual. Hammer Type: Automatic
Advancement Method:
Hollow Stem Auger
See Exploration and Testing Procedures for a
description of field and laboratory procedures
used and additional data (If any).
See Supporting Intorrnation for explanation of
symbols and abbreviations.
Notes.
Abandonment Method:
Boring backfilled with auger cuttings upon completion.
WATER LEVEL OBSERVATIONS
Irerracon�
7327 VV Friendly Ave Ste G
Greensboro. NC
Boring Started: 02-06-2018
Boring Completed: 02-06-2018
While drilling
At completion of drilling
Drill Rig: 8-57
Driller: M.Hartley
Project No.: 75185002
mt

SUPPORTING INFORMATION

GENERAL NOTES
DESCRIPTION OF SYMBOLS AND ABBREVIATIONS
DESCRIPTIVE SOIL CLASSIFICATION
Soil classification is based on the Unified Soil Classification System. Coarse Grained Soils have more than 50% of their dry
weight retained on a #200 sieve; their principal descriptors are: boulders, cobbles, gravel or sand. Fine Grained Soils have
less than 50% of their dry weight retained on a #200 sieve; they are principally described as clays if they are plastic, and
silts if they are slightly plastic or non -plastic. Major constituents may be added as modifiers and minor constituents may be
added according to the relative proportions based on grain size. In addition to gradation, coarse-grained soils are defined
on the basis of their in-place relative density and fine-grained soils on the basis of their consistency.
LOCATION AND ELEVATION NOTES
Unless otherwise noted, Latitude and Longitude are approximately determined using a hand-held GPS device. The accuracy
of such devices is variable. Surface elevation data annotated with +/- indicates that no actual topographical survey was
conducted to confirm the surface elevation. Instead, the surface elevation was approximately determined from topographic
maps of the area.
RELATIVE PROPORTIONS OF SAND AND GRAVEL GRAIN SIZE TERMINOLOGY
Descriptive Term(s) Percent of Maior Component Particle Size
of other constituents Dry Weiaht of Samole
Trace < 15 Boulders Over 12 in. (300 mm)
With 15-29 Cobbles 12 in. to 3 in. (300mm to 75mm)
Modifier > 30 Gravel 3 in. to #4 sieve (75mm to 4.75 mm)
Sand #4 to #200 sieve (4.75mm to 0.075mm
Silt or Clay Passing #200 sieve (0.075mm)
RELATIVE PROPORTIONS OF FINES PLASTICITY DESCRIPTION Te
Descriptive Term(s) Percent of rm Plasticity Index
of other constituents Dry Weight
Non -plastic 0
Trace < 5 Low 1 -10
With 5-12 Medium 11-30
Modifier > 12 High > 30
1reirracon Exhibit B-1
® � Water Initially (HP) Hand Penetrometer
Encountered
Auger Split Spoon �
Water Level After a lT) Torvane
Specified Period of Time
J Water Level After fn
� a Specified Period of Time l'—
(b/f) Standard Penetration
(' W
Z U) Test (blows per foot)
Shelby Tube Macro Core W W
J Water levels indicated on the soil boring J (PID) Photo -Ionization Detector
a � logs are the levels measured in the D
Q LU borehole at the times indicated. W
� Q Groundwater level variations will occurn H
LLover time. In low permeability soils,
accurate determination of groundwater
levels is not possible with short term
water level observations.
(OVA) Organic Vapor Analyzer
Ring Sampler Rock Core �
e �
Grab Sample No Recovery
RELATIVE DENSITY OF COARSE�RAINED SOILS CONSISTENCY OF FINE-GRAINED SOILS
(More than 50% retained on No. 200 sieve.) (50% or more passing the No. 200 sieve.)
Density determined by Standard Penetration Resistance Consistency determined by laboratory shear strength testing, field
Includes gravels, sands and silts. visual -manual procedures or standard penetration resistance
Descriptive Term Standard Penetration or Ring Sampler Descriptive Term Unconfined Compressive Standard Penetration or Ring Sampler
�
� (Density) N -Value glows/Ft. (Consistency) Strength, Qu, psf N -Value Blows/Ft.
d' Blows/Ft. Blows/Ft.
W
H Very Loose 0-3 0 - 6 Very Soft less than 500 0-1 < 3
Loose 4-9 7 - 18 Soft 500 to 1,000 2-4 3 - 4
~
Z
W Medium Dense 10-29 19-58 Medium -Stiff 1,000 to 2,000 4-8 5 - 9
Dense 30-50 59-98 Stiff 2,000 to 4,000 8-15 10 - 18
F—
�
Very Dense > 50 > 99 Very Stiff 4,000 to 8,000 15-30 19-42
Hard
> 8,000
> 30
> 42

UNIFIED SOIL CLASSIFICATION SYSTEM
Clarifier Addition -Wilkesboro WWTP Wilkesboro, Wilkes County, North Carolina
March 14, 2018 Terracon Project No. 75185002
lrerrae®n
GeoReport
G If fines classify as CL -ML, use dual symbol GC -GM, or SC -SM.
_ --- - -- - -,-----r
For classification of fine-grained !
soils and fine-grained fraction a /�
50 -of coarse-grained soils
Equation of "A" - line
d Horizontal at PI=4 to LL=25.5. i
X 40 then PI=0.73 (LL -20) - --.. p`j` - ----' -- -
Wp Equation of "U" - line hoc j
Z Vertical at LL= 16 to PI=7, j G
30 then PI=0.9 (LL -8) , ' i -
C) j Off'
I- I at
Q 20
-� MH or OH
I i
CL -ML Z ML or OL j
j
10
7
4
0
0
10 16 20 30 40 50 60 70 80 90 100 11c
Soil Classification
Criteria for Assigning Group Symbols and Group Names
Using Laboratory Tests Group
Symbol
Group Names
Gravels: Clean Gravels:
Cu >- 4 and 1 <- Cc <_ 3 GW
Well -graded gravel F
Cu < 4 and/or 1 > Cc > 3 E GP
Poorly graded gravel F
More than 50% of Less than 5% fines c
coarse fraction Gravels with Fines:
Coarse -Grained Soils: retained on No. 4 sieve More than 12% fines
More than 50% retained
on No. 200 sieve Sands: Clean Sands:
Fines classify as ML or MH GM
Silty gravel F, G, H
Fines classify as CL or CH GC
Clayey ravel F, G, H
Cu >- 6 and 1:5 Cc -< 3 E SW
Well -graded sand
Cu < 6 and/or 1 > Cc > 3 E SP
Poorly graded sand
50% or more of coarse Less than 5% fines u
Fines classify as ML or MH SM
Silty sand G, H, i
fraction passes No. 4 Sands with Fines:
sieve More than 12% fines D
Fines classify as CL or CH SC
Cla ay sand G, H, i
PI > 7 and plots on or above "A" CL
Lean Gay K, L, M
Inorganic:
Silts and Clays:
PI < 4 or plots below "A" line r ML
Silt K, L, M
Liquid limit - oven dried
<0.75 OL
Organic clay K, L, M, H
Organic silt K, L, M, o
Liquid limit less than 50
Fine -Grained Soils: Organic:
50% or more passes the
No. 200 sieve Inorganic:
Silts and Clays:
Liquid limit - not dried
PI plots on or above "A" line CH
Fat clay K, L, M
PI plots below "A" line MH
Elastic Silt K, L, M
Liquid limit- oven dried
< 0.75 OH
Organic clayK, L, M, P
Organic silt K, L, M, o
Liquid limit 50 or more Organic:
Liquid limit - not dried
Highly organic soils: Primarily organic matter, dark in color, and organic odor PT
Peat
A Based on the material passing the 3 -inch (75 -mm) sieve
H If fines are organic, add "with organic fines"
to group name.
B If field sample contained cobbles or boulders, or both, add "with cobbles
I If soil contains >- 15% gravel, add "with gravel" to group name.
or boulders, or both" to group name.
J If Atterberg limits plot in shaded area, soil is a CL -ML, silty clay -
c Gravels with 5 to 12% fines require dual symbols: GW -GM well -graded
gravel with silt, GW -GC well -graded gravel with clay, GP -GM poorly
graded gravel with silt, GP -GC poorly graded gravel with clay.
Sands with 5 to 12% fines require dual symbols: SW -SM well -graded
sand with silt, SW -SC well -graded sand with Gay, SP -SM poorly graded
% sand with silt, SP -SC poorly graded sand with day
1`� J;
(D30)2
K If soil contains 15 to 29% plus No. 200, add 'With sand" or "with
gravel," whichever is predominant.
If soil contains >_ 30% plus No. 200 predominantly sand, add
"sandy" to group name.
m If soil contains >_ 30% plus No. 200, predominantly gravel, add
"gravelly" to group name.
N PI >_ 4 and plots on or above "A" line.
E Cu = D6dD,o Cc=
D10 x D60
o PI < 4 or plots below "A" line.
P PI plots on or above "A" line.
F If soil contains >- 15% sand, add "with sand" to group name.
Q PI plots below "A" line.
G If fines classify as CL -ML, use dual symbol GC -GM, or SC -SM.
_ --- - -- - -,-----r
For classification of fine-grained !
soils and fine-grained fraction a /�
50 -of coarse-grained soils
Equation of "A" - line
d Horizontal at PI=4 to LL=25.5. i
X 40 then PI=0.73 (LL -20) - --.. p`j` - ----' -- -
Wp Equation of "U" - line hoc j
Z Vertical at LL= 16 to PI=7, j G
30 then PI=0.9 (LL -8) , ' i -
C) j Off'
I- I at
Q 20
-� MH or OH
I i
CL -ML Z ML or OL j
j
10
7
4
0
0
10 16 20 30 40 50 60 70 80 90 100 11c