20171445 Ver 2_401 Application_20180218

of NdArF9
O� oG Office Use Only:
> Corps action ID no.
i + ° DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A. Applicant Information
1. Processing
la. Type(s) of approval sought from the Corps:
1 b. Specify Nationwide Permit (NWP) number: 13
1 c. Has the NWP or GP number been verified by the Corps?
❑X Section 404 Permit ❑ Section 10 Permit
or General Permit (GP) number:
Q Yes ❑ No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
Q 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e. Is this notification solely for the record For the record only for DWQ 1 For the record only for Corps Permit:
because written approval is not required? 401 Certification:
❑ Yes ❑ No Q Yes ❑ No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank ❑ Yes ❑X No
or in -lieu fee program.
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ❑Yes ❑X No
below.
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No
2. Project Information
2a. Name of project: Tarboro Stream Bank Restoration
2b. County: Edgecombe
2c. Nearest municipality / town: Tarboro
2d. Subdivision name: n/a
2e. NCDOT only, T.I.P. or state project no: n/a
3. Owner Information
3a. Name(s) on Recorded Deed:
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
3d. Street address:
3e. City, state, zip:
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Town of Tarboro
10621/0549
Town of Tarboro
500 N. Main Street
Tarboro, NC 27886
252.641.4250
252.641.4254
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Derrick Smith, PE
5b. Business name
(if applicable): The Wooten Company
5c. Street address:
301 W. 14th Street
5d. City, state, zip:
Greenville, NC 27834
5e. Telephone no.:
252.757.1096
......
252.757.3221
[e-mail]
5f. Fax no.:
5g. Email address:
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID): 4737-29-7389
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.8844 Longitude: -77.5383
1 c.
Property size:
58.29 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Tar River
2b. Water Quality Classification of nearest receiving water:
C; NSW
2c.
River basin: Tar -Pamlico
3.
Project Description
3a.
Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
Site
generally consists of unstable stream bank with adjacent grass vegetation and trees.
3b.
List the total estimated acreage of all existing wetlands on the property: 0
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2,797
3d.
Explain the purpose of the proposed project:
The
project will restore a portion of the Tar River stream bank that was washed out during hurricane Mathew endangering part of the WVVrP
3e.
..........
Describe the overall project in detail, including the type of equipment to be used:
The project will reestablish 150 feet of stream bank with steel sheet pile and rip rap. The equipment used will be an excavator, trucks and hand tools -
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the ❑ Yes ❑X No ❑ Unknown
Corps or State been requested or obtained for this property /
rg ect includiri all riot bases in the ast � Comments:
_9 P p � p _ _'.
4b. If the Corps made the jurisdictional determination, what type ❑ preliminary ❑ Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
E3 Yes ❑X No ❑ Unknown
6a. Is this a phased project? ❑ Yes ❑X No
6b. If yes, explain.
Page 3 of 10
PCN Form —Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑X Streams — tributaries ❑ Buffers ❑ open Waters ❑ Pond Construction
2. Wetland Impacts
It tnere are wetland
2a.
Wetland impact
number
Permanent (P) or
Tem ora T
impacts proposed on the
2b.
Type of impact
site, then complete this question for
2c.
Type of wetland
each wetland
area impacted.
3g.
Impact
length
(linear
feet)
2-d
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 -
Choose one
Choose one
Yes/No
-
Choose one
W2 -
Choose one
Choose one
Yes/No
S3
W3 -
Choose one
Choose one
Yes/No
W4 -
Choose one
Choose one
Yes/No
-
W5 -
Choose one
Choose one
Yes /No
-
W6 -
Choose one
Choose one
Yes/No
-
_
2g. Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c. 3d.
Stream name Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Stabilization
Tar River
PER
Corps
145
150
S2 -
Choose one
_
S3
Choose one
S4
Choose one
_
S5
Choose one
_
S6
Choose one
_
3h. Total stream and tributary impacts 150
3i. Comments:
This project is to stabilize the bank of the Tar River due to hurricane Mathew
L
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
Excavated
Buffer Impact
P1
impact number
(if applicable)
Type of impact
Waterbody
Area of impact (acres)
Permanent (P) or
mitigation
type
Choose one
Tem ora (T)
required?
(square
01
Temporary T
Choose one
Choose
02
feet)
Choose one
Choose
Tar River
03 -
1,400
Choose one
Choose
04
Yes/No
Choose one
Choose
B3
4f. Total open water impacts
-+y. liununCnl5.
5. Pond or Lake Construction
If Pond or lake construction ❑rocosed. then cmmnlPtc- the rhart hpinw
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
_.......
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
Flooded Filled Excavated
5e.
Upland
(acres)
Flooded
Filled
Excavated
Buffer Impact
P1
Choose one
Buffer
Zone 1
Zone 2
number—
mitigation
P2
Choose one
Permanent (P) or
required?
(square
(square
Temporary T
5f. Total:
feet)
feet)
B1 T
bank stabilization
Tar River
ay. %lurnrnenls:
5h. Is a dam high hazard permit required?
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres).-
5k.
acres):5k. Method of construction:
❑ Yes ❑ No If yes, permit ID no:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation. then VOL] MUST fill ni,t Rprtinn n of this fnrm
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
6c.
....
6d.
...
6e.
6f.
6g.
Buffer Impact
Reason for impact
Stream name
Buffer
Zone 1
Zone 2
number—
mitigation
impact
impact
Permanent (P) or
required?
(square
(square
Temporary T
feet)
feet)
B1 T
bank stabilization
Tar River
No
1,400
500
B2 -
Yes/No
B3
Yes/No
B4 -
Yes/No
B5
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
1,400
500
111 - III11Fdol 71
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The project will stabilize the stream bank that was washed out during hurricane Mathew. Construction will take place during periods of low flow to
reduce the impacts in the river.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The project will be completed during periods of low flow to minimize the impacts to the river. All equipment and materials will be stored outside the
buffers when not in use.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ❑ Yes X❑ No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply)- ❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
3. Complete if Usina a Mitigation Bank
3a. Name of Mitigation Bank:
❑ Mitigation bank
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
Type: Choose one Quantity:
3b. Credits Purchased (attach receipt and letter) Type: Choose one Quantity:
Type: Choose one Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached. ❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature
Choose one
4d. Buffer mitigation requested (DWQ only).
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires i
buffer mitigation? f ❑ Yes ❑X No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. �. ..
d. I 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 3 (2 for Catawba)
Zone 2
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1a. Does the project include or is it adjacent to protected riparian buffers identified 0 Yes ❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Project will stabilize the stream bank that washed out during hurricane Mathew. The disturbance will be
temporary. ❑ Yes 7 No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
2b. Does this project require a Stormwater Management Plan?
7c If this nrnicrf rV19:Q AInT rcm ii— n Q+nrm AA +er RA.,.,....ew.r...+ 01—
0%
❑ Yes ❑x No
Page 8 of 10
PCN Form — Version 1.4 January 2009
Project
Project will only stabilize an eroded stream bank along the Tar River
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e.
Who will be responsible for the review of the Stormwater Management Plan?
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is this Tara ect?
❑ Phase II
3b.
Which of the following locally -implemented stormwater management programs
❑ NSW
apply (check all that apply):
❑ USMP
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
........
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
[]Session Law 2006-246
❑Other:
❑ Yes ❑ No
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
1:5:b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the
use of public (federal/state) land?
❑X Yes ❑ No
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
El Yes ❑X No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes ❑ No
Comments:
I
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
El Yes ❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑ Yes ❑X No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
.........
3a.
--.
Will this project (based on past and reasonably anticipated future impacts) result in
El Yes ❑X No
additional development, which could impact nearby downstream water quality?
............
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ❑ Yes Q No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act El Yes Q No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. -
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
US Fish and Wildlife Service website
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes Q No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Natural Heritage Program website
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
.......
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
State Historic Preservation Office website
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? Q Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
Project will stabilize the stream bank of the Tar River that was washed out during hurricane Mathew-
8c. What source(s) did you use to make the floodplain determination?
North Carolina Flood Risk Information System website
Derrick Smith, PE
Applicant/Agent's Printed Name ` Applicant/Agent's Signature Date
€ (Agent's signature is valid only if an authorization
f letter from the applicant is provided.)
Page 10 of 10

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WWTP - STREAM RESTORATION
AS NOTED
Notify NC811 Three Full Working Days Before Digging
Dial 811 or 1-800-632-4949, or visit www.nc8ll.org
10' 5' 0 10' 20' 30'
SCALE: 1" - 10'
40
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30
25
20
15
10
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C.1.3 NOT TO SCALE
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4 PROFILE SECTION A -A
C.1.3 SCALE 1"-20' HOR
1"=2' VERT
1+00
1+35
NOTES:
1. FOR AREAS OF EARTH BACKFILL, POSTS SHALL BE SET AT DEPTHS OF 4'-0' MIN.
AND ANCHOR TRENCH IS TO BE 12"x12" WITH FILL TO BE COMPACTED.
2. PROVIDE ADEQUATE EXCAVATION AHEAD OF SILT FENCE TO ACT AS A
VELOCITY BREAK AND SILT TRAP.
3. CONTRACTOR SHALL MAINTAIN AND REMOVE BUILT UP SEDIMENT ON
FENCE AT PERIODIC INTERVALS OR AS DIRECTED BY INSPECTOR.
4. CONTRACTOR MAY USE ALTERNATE MATERIAL OR METHOD
UPON APPROVAL FROM ENGINEER.
6 SILT FENCE
C.1.3 NOT TO SCALE
SEEDING SCHEDULE
SEED: THE MIXTURE OF SEED IN ALL DISTURBED AREAS INCLUDING NCDOT
RIGHTS-OF-WAY SHALL BE THE FOLLOWING:
1. SEPT 1 - APRIL 1 NCDOT ONLY
75 POUNDS/ACRE KENTUCKY 31 FESCUE
50 POUNDS/ACRE BAHIAGRASS (WILMINGTON, IF AVAILABLE,
PENSACOLA OTHERWISE)
2. APRIL 1 - SEPT 1 NCDOT ONLY
75 POUNDS/ACRE BAHIAGRASS (WILMINGTON, IF AVAILABLE,
PENSACOLA OTHERWISE)
50 POUNDS/ACRE KENTUCKY 31 FESCUE
35 POUNDS/ACRE BROWNTOP MILLET OR SORGHUM SUDAN HYBRIDS
3. WHERE A "TURF" TYPE GRASSED AREA IS REQUIRED THE FOLLOWING
MIXTURE SHALL BE USED:
20 POUNDS/ACRE COMMON BERMUDAGRASS (UNHULLED)
70 POUNDS/ACRE KENTUCKY 31 FESCUE
A. IF SEEDING OCCURS BETWEEN THE MONTHS OF NOVEMBER
AND FEBRUARY, RYE GRAIN SHALL BE PROVIDED IN ADDITION
TO THE ABOVE AT A RATE OF 25 POUNDS/ACRE.
ALL SEEDED AREAS SHALL BE CULTIPACKED TO FIRM SEED BED AND
COVER SEED. SHOULD THE PERMANENT SEED NOT GERMINATE AND PRODUCE
A STAND OF GRASS, THE AREAS SO EFFECTED SHALL BE RESEEDED UNTIL
A PERMANENT STAND IS ESTABLISHED.
3 SEEDING SCHEDULE
C.1.3 NOT TO SCALE
5 DRAINAGE OUTFALL
C.1.3 NOT TO SCALE
/I
FILTER FABRIC TO
BE KEYED INTO
TOP OF SLOPE
(3' MIN.)
SMOOTH FOUNDATION
UNDER FILTER FABRIC
2'7
SHEET PILE
RETAINING WALL
12 INCHES MIN.
CLASS "I" RIP -RAP
BANK STABILIZATION DETAIL
NOT TO SCALE
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SOIL AND COMPACT
NOTES:
1. FOR AREAS OF EARTH BACKFILL, POSTS SHALL BE SET AT DEPTHS OF 4'-0' MIN.
AND ANCHOR TRENCH IS TO BE 12"x12" WITH FILL TO BE COMPACTED.
2. PROVIDE ADEQUATE EXCAVATION AHEAD OF SILT FENCE TO ACT AS A
VELOCITY BREAK AND SILT TRAP.
3. CONTRACTOR SHALL MAINTAIN AND REMOVE BUILT UP SEDIMENT ON
FENCE AT PERIODIC INTERVALS OR AS DIRECTED BY INSPECTOR.
4. CONTRACTOR MAY USE ALTERNATE MATERIAL OR METHOD
UPON APPROVAL FROM ENGINEER.
6 SILT FENCE
C.1.3 NOT TO SCALE
SEEDING SCHEDULE
SEED: THE MIXTURE OF SEED IN ALL DISTURBED AREAS INCLUDING NCDOT
RIGHTS-OF-WAY SHALL BE THE FOLLOWING:
1. SEPT 1 - APRIL 1 NCDOT ONLY
75 POUNDS/ACRE KENTUCKY 31 FESCUE
50 POUNDS/ACRE BAHIAGRASS (WILMINGTON, IF AVAILABLE,
PENSACOLA OTHERWISE)
2. APRIL 1 - SEPT 1 NCDOT ONLY
75 POUNDS/ACRE BAHIAGRASS (WILMINGTON, IF AVAILABLE,
PENSACOLA OTHERWISE)
50 POUNDS/ACRE KENTUCKY 31 FESCUE
35 POUNDS/ACRE BROWNTOP MILLET OR SORGHUM SUDAN HYBRIDS
3. WHERE A "TURF" TYPE GRASSED AREA IS REQUIRED THE FOLLOWING
MIXTURE SHALL BE USED:
20 POUNDS/ACRE COMMON BERMUDAGRASS (UNHULLED)
70 POUNDS/ACRE KENTUCKY 31 FESCUE
A. IF SEEDING OCCURS BETWEEN THE MONTHS OF NOVEMBER
AND FEBRUARY, RYE GRAIN SHALL BE PROVIDED IN ADDITION
TO THE ABOVE AT A RATE OF 25 POUNDS/ACRE.
ALL SEEDED AREAS SHALL BE CULTIPACKED TO FIRM SEED BED AND
COVER SEED. SHOULD THE PERMANENT SEED NOT GERMINATE AND PRODUCE
A STAND OF GRASS, THE AREAS SO EFFECTED SHALL BE RESEEDED UNTIL
A PERMANENT STAND IS ESTABLISHED.
3 SEEDING SCHEDULE
C.1.3 NOT TO SCALE
5 DRAINAGE OUTFALL
C.1.3 NOT TO SCALE
/I
FILTER FABRIC TO
BE KEYED INTO
TOP OF SLOPE
(3' MIN.)
SMOOTH FOUNDATION
UNDER FILTER FABRIC
2'7
SHEET PILE
RETAINING WALL
12 INCHES MIN.
CLASS "I" RIP -RAP
BANK STABILIZATION DETAIL
NOT TO SCALE
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DESIGNED BY:
DCS
DRAWN BY:
DRS
CHECKED BY:
DCS
PROJECT NO.:
2204 - DY
DATE:
OCTOBER 2017
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SOIL PARAMETERS (FROM SOIL REPORT)
20 = FRICTION ANGLE
C = COHESION EL. 15'
10
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CANTILEVERED SHEET PILING PROFILE
ALONG SECTION B—B (SEE CIVIL PLAN
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1 = 184.2 in4/ft.
S = 30.2 in3/ft.
PZ 27 SHEET PILING PROFILE
SCALE 1 "=1'-0"
= 0°
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= 33°
C =
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Fl.
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FI. -33'
GENERAL NOTES:
1. ALL SAFETY REGULATIONS ARE TO BE FOLLOWED STRICTLY. METHODS OF CONSTRUCTION
AND ERECTION OF STRUCTURAL MATERIALS IS CONTRACTOR'S RESPONSIBILITY.
2. DESIGN LOAD : (NORTH CAROLINA BUILDING CODE)
A. DEAD LOAD : ACTUAL WEIGHT OF MATERIAL.
B. LIVE LOAD (STRUCTURE CLASSIFICATION — CATEGORY III)
LATERAL WATER PRESSURE----------- 63 PCF
LATERAL EARTH PRESSURE----------- VARIES
GROUND SNOW (Pg)................15 PSF, Is = 1.1
WIND DESIGN:
BASIC WIND SPEED (3 SECOND GUST) .... 100 MPH (EXPOSURE C)
WIND LOAD IMPORTANCE FACTOR Iw = 1.15
SEISMIC DESIGN:
CATEGORY III, le = 1.25
SPECTRAL RESPONSE ACCELERATION SMS = 19.6%G, SM1 = 14.8%G
SDS = 13.1%G, SD1 = 9.9%G
SITE CLASSIFICATION "D"
SEISMIC DESIGN CATEGORY "B"
3. FOUNDATION EXCAVATING AND BACKFILLING SHOULD BE EXECUTED UNDER THE DIRECTION OF A
QUALIFIED PROFESSIONAL ENGINEER.
4. FOR SUBSURFACE INFORMATION, PLEASE REFER TO "GEOTECHNICAL ENGINEERING REPORT,
PROPOSED TARBORO WWTP RETAINING WALL, TARBORO, NORTH CAROLINA" DATED JANUARY 15, 2018
BY TERRACON (PROJECT NUMBER: 72175102).
5. SHEET PILING SHALL BE PZ -27 TYPE (OR APPROVED EQUAL) AND SHALL CONFORM TO
ASTM A-572 STEEL WITH FY = 50 KSI.
6. PROVIDE COAL TAR EPDXY COATING ON BOTH FACES OF THE SHEET PILING
(15' HIGH FROM TOP OF THE WALL, BOTH FACES).
7. FOR EXTENT OF SHEET PILING REQ'D, SEE CIVIL PLANS.
8. SUBMIT SHOP DRAWINGS FOR SHEET PILING & INSTALLATION PROCEDURES
THE ENGINEER FOR REVIEW AND APPROVAL.
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GENERAL NOTES:
1. ALL SAFETY REGULATIONS ARE TO BE FOLLOWED STRICTLY. METHODS OF CONSTRUCTION
AND ERECTION OF STRUCTURAL MATERIALS IS CONTRACTOR'S RESPONSIBILITY.
2. DESIGN LOAD : (NORTH CAROLINA BUILDING CODE)
A. DEAD LOAD : ACTUAL WEIGHT OF MATERIAL.
B. LIVE LOAD (STRUCTURE CLASSIFICATION — CATEGORY III)
LATERAL WATER PRESSURE----------- 63 PCF
LATERAL EARTH PRESSURE----------- VARIES
GROUND SNOW (Pg)................15 PSF, Is = 1.1
WIND DESIGN:
BASIC WIND SPEED (3 SECOND GUST) .... 100 MPH (EXPOSURE C)
WIND LOAD IMPORTANCE FACTOR Iw = 1.15
SEISMIC DESIGN:
CATEGORY III, le = 1.25
SPECTRAL RESPONSE ACCELERATION SMS = 19.6%G, SM1 = 14.8%G
SDS = 13.1%G, SD1 = 9.9%G
SITE CLASSIFICATION "D"
SEISMIC DESIGN CATEGORY "B"
3. FOUNDATION EXCAVATING AND BACKFILLING SHOULD BE EXECUTED UNDER THE DIRECTION OF A
QUALIFIED PROFESSIONAL ENGINEER.
4. FOR SUBSURFACE INFORMATION, PLEASE REFER TO "GEOTECHNICAL ENGINEERING REPORT,
PROPOSED TARBORO WWTP RETAINING WALL, TARBORO, NORTH CAROLINA" DATED JANUARY 15, 2018
BY TERRACON (PROJECT NUMBER: 72175102).
5. SHEET PILING SHALL BE PZ -27 TYPE (OR APPROVED EQUAL) AND SHALL CONFORM TO
ASTM A-572 STEEL WITH FY = 50 KSI.
6. PROVIDE COAL TAR EPDXY COATING ON BOTH FACES OF THE SHEET PILING
(15' HIGH FROM TOP OF THE WALL, BOTH FACES).
7. FOR EXTENT OF SHEET PILING REQ'D, SEE CIVIL PLANS.
8. SUBMIT SHOP DRAWINGS FOR SHEET PILING & INSTALLATION PROCEDURES
THE ENGINEER FOR REVIEW AND APPROVAL.
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PROJECT NO.
2204 -DY
DATE.
JANUARY, 2018
SC&E.
AS NOTED
SHEET OF
si
17134-S1

PROJECT MANUAL
FOR
Tar River — WWTP
EMERGENCY WATERSHED PROTECTION STREAMBANK
STABILIZATION
TOWN OF TARBORO
TARBORO, NORTH CAROLINA
2204 -DY
JANUARY 2018
•��� [ H CAA0''•.
'044 ��ssi - • Cf `;
lL ,
�- L
i 3320
D{r� , Tmit,,,PE.
11111
TV
THE
WOOTEN
COMPANY
301 WEST 14' STREET GREENVILLE, NC 27834
PHONE [phone] FAX:[phone]
LICENSE No. F-0115

CERTIFICATION PAGE
A. Civil Engineering Design
I, Derrick C. Smith, P.E., hereby certify that the Bidding Requirements, Section 00800, Division
1, and Division 2 of the Town of Tarboro, Tar River - WWTP Emergency Watershed Protection
Streambank Stabilization, Project Manual were prepared by me or under my direct supervision.
,.•`Q,�[VA CAR"', SEAL
K . i411
�.g N...n....
END OF DOCUMENT
2204 -DY: Contract 3 2/1/2018 00005-1 Certification Sheet

TABLE OF CONTENTS
Document
Title
Pages
00005
Certification Page...................................................................
...1-1
00010
Table of Contents....................................................................................1-1
_
01330
Bidding Requirements
1-5
00100
Invitation to Bid........................................................................................1-1
-
00200
Instruction to Bidders.............................................................................
1-11
00410a
Bidder's Checklist...................................................................................1-1
1-2
00410
Bid Form............................................................................................
1-7
00430
Bid Bond......................................................................................... .......1-2
Identification of Minority Business Participation ......................................
..1-1
Affidavit A, Listing of Good Faith Efforts.........................................:.........1-1
Affidavit B, Intent to Perform Contract with Own Workforce .....................
1-1
E-verify...................................................................................................1-1
00432
Page for Attaching Power of Attorney (Bid Bond).....................................1-1
Contract Requirements
00510
Notice of Award.......................................................................................1-1
00520
Agreement..............................................................................................1-6
00550
Notice to Proceed....................................................................................1-1
00610
Performance Bond...................................................................................1-2
00615
Payment Bond.........................................................................................1-2
00616
Page for Attaching Power of Attorney (P & P Bonds) .................... ...........
1-1
00618
Page for Attaching Certificate of Insurance ................................... .........
..1-1
00620
Contractor's Application for payment.......................................................1-6
MBE Documentation For Contract Payments ........................................ ...1-1
NC Sales Tax & Use Report....................................................................1-1
00625
Certificate of Substantial Completion.......................................................1-1
00634
Certificate of Owner's Attorney & Pre -Audit Statement ............................1-1
00710
General Conditions (EJCDC, 2007) .......................................................
1-68
00800
Supplementary Conditions.......................................................................1-9
Affidavit C, Portion of the Work to be Performed by Minority Firms ........ ..1-1
Affidavit D, Good Faith Efforts..................................................................1-1
Technical Specifications
Division 1 - General Requirements
SectionTitle
...................................................................................................
Pages
01100
Summary of Work ............ ..................... ....................................................
1-1
01312
Project Coordination ................................................
_
01330
Submittal Procedures ..................... ................ ................... .......................
1-5
01450
Quality Control
-
01600
Product Requirements ................... ................................... ......... ...............
1-4
01700
Execution Requirements.................................. ..... ..................... ....................
1-2
Division 2 - Site Construction
02230 Clearing Grubbing .............................. ......... ............................................. 1-3
02300 Earthwork................................................................................................1-7
02370 Erosion Control ......................................... ....... ........................................ 1-3
02832 Steel Sheet Pile Retaining Wall..................:....:.:.....................................1-3
02920 Lawns & Grasses.....................................................................................1-5
END OF DOCUMENT
2204 -DY: Contract 3 2/1/2018 00010-1 Table of Contents

INVITATION FOR BIDS
Project: Tar River — WWTP Emergency Watershed Protection Streambank Stabilization
Owner: Town of Tarboro
500 Main Street
Tarboro, NC 27886
Engineer: The Wooten Company
301 West 14th Street
Greenville, NC 27834
[phone]
Separate sealed Bids will be received until 2:00 pm, February 13, 2018, in the Town of Tarboro
Public Works Office, Tarboro, N.C., at which time and place bids will be publicly opened and
read aloud for the construction of the Tar River — WWTP Emergency Watershed Protection
Streambank Stabilization.
After Bids are opened, the Owner shall evaluate them in accordance with the methods and
criteria set forth in the Instructions to Bidders. The Owner reserves the right to waive any
informality or to reject any or all Bids. Unless all Bids are rejected, Award will be made to the
lowest responsible Bidder, taking into consideration quality, performance and the time specified
in the proposals for the performance of the Contract.
A Pre -Bid Meeting will not be held.
The Project consists of the following major items:
Tar River Shoreline Stabilization with approximately 145' of Steel Sheet Pile
Retaining Wall.
Bidding Documents may be examined at Engineer's and Owner's office.
Complete Bidding Documents may be obtained at the Issuing Office of the Engineer upon
submitting a non-refundable fee in the amount of $50.00 for each set of documents, which
includes all contracts.
With request for Bidding Documents supply the following information: Company name, contact
person, street address, and phone and fax numbers for Bidding office; N. C. contractor's license
with limitation and classification; indicate if the firm will be a Bidder, Supplier or Sub -Contractor.
Bidders will be required to show evidence that they are licensed to perform the work in the
Bidding Documents as required by North Carolina General Statute, Chapter 87 and the
Instructions to Bidders.
Bid Security in the amount of five percent of the Bid must accompany each Bid and shall be
subject to the conditions provided in the Instructions to Bidders.
The Owner is an Equal Opportunity Employer and encourages bidding by small, minority and
female contractors and does not discriminate on the basis of handicapped status. Bids from
qualified disadvantaged business enterprise (DBE) are encouraged.
Bidders shall be required to submit with their Bids affidavits of "Good Faith Efforts" in the
recruitment of Minority Businesses.
END OF DOCUMENT
2204 -DY: Contract 3 2/1/2018 00100-1 Invitation for Bids
Document in accordance with RUS Bulletin 1780-26, Exhibit E, 10/2009

INSTRUCTIONS TO BIDDERS
TABLE OF ARTICLES
ARTICLE 1
DEFINED TERMS..................................................................................1
ARTICLE 2
COPIES OF BIDDING DOCUMENTS....................................................1
ARTICLE 3
MINORITY PARTICIPATION GOALS.....................................................2
ARTICLE 4
QUALIFICATIONS OF BIDDERS...........................................................2
ARTICLE 5
EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA,
ANDSITE...............................................................................................3
ARTICLE 6
PRE-BID CONFERENCE.......................................................................
5
ARTICLE 7
SITE AND OTHER AREAS....................................................................5
ARTICLE 8
INTERPRETATIONS AND ADDENDA...................................................5
ARTICLE 9
BID SECURITY......................................................................................5
ARTICLE 10
CONTRACT TIMES................................................................................6
ARTICLE 11
LIQUIDATED DAMAGES.......................................................................6
ARTICLE 12
SUBSTITUTE AND OR -EQUAL ITEMS.................................................6
ARTICLE 13
SUBCONTRACTORS, SUPPLIERS, AND OTHERS ..............................6
ARTICLE 14
PREPARATION OF BID.........................................................................7
ARTICLE 15
SUBMITTAL OF BID..............................................................................8
ARTICLE 16
MODIFICATION AND WITHDRAWAL OF BID .......................................
8
ARTICLE 17
OPENING OF BIDS................................................................................9
ARTICLE 18
BIDS TO REMAIN SUBJECT TO ACCEPTANCE .................................. 9
ARTICLE 19
BASIS OF BID; COMPARISON OF BIDS...............................................9
ARTICLE 20
EVALUATION OF BIDS AND AWARD OF CONTRACT
.........................9
ARTICLE 21
CONTRACT SECURITY AND INSURANCE........................................10
ARTICLE 22
SIGNING OF AGREEMENT.................................................................10
ARTICLE 1 DEFINED TERMS
1.01 Terms used in these Instructions to Bidders will have the meanings indicated in
the General Conditions and Supplementary Conditions. Additional terms used in
these Instructions to Bidders have the meanings indicated below which are
applicable to both the singular and plural thereof.
A. Issuing Office: The office from which the Bidding Documents are to be
issued and where the bidding procedures are to be administered.
ARTICLE 2 COPIES OF BIDDING DOCUMENTS
2.01 Complete sets of the Bidding Documents in the number and for the amount
stated in the Advertisement for Bids may be obtained from the Issuing Office as
identified in the advertisement. The deposit/fee will be refunded in accordance
with the conditions indicated in the Advertisement for Bids.
2.02 Complete set of Bidding Documents must be used in preparing bids; neither
Owner nor Engineer assumes any responsibility for errors or misinterpretations
resulting from the use of incomplete set of Bidding Documents.
2204 -DY: Contract 3 2/1/2018 00200-1 Instructions to Bidders
Document in accordance with EJCDC No. C-200 (2007) & RUS Bulletin 1780-26, Attachment F, 10/2007

2.03 Owner and Engineer in making copies of Bidding Documents available on the
above terms do so only for the purpose of obtaining Bids for the Work and do not
confer a license or grant for any other use.
ARTICLE 3 MINORITY PARTICIPATION GOALS
3.01 Bidders must make positive efforts to utilize minority businesses. The Owner has
developed a goal of ten percent (10%) for participation of minority business
enterprises in construction contracts awarded pursuant to NCGS 143-128(c).
3.02 Bidder shall be required to submit identification of firms and Affidavits as required
in the Bid Form.
ARTICLE 4 QUALIFICATIONS OF BIDDERS
4.01 Bidders are notified that Chapter 87, Article(s) 1, 2, & 4 of the General Statutes of
North Carolina, will be observed in receiving and awarding contracts. Bidders for
this Project must be licensed in the following classifications and limitations:
A. General: Must have a General Contractors license with one of the following
classifications with a limitation appropriate to the bid amount.
1. Classifications:
a. Unclassified
2. Limitations:
a. "Limited": Up to $500,000
b. "Intermediate": Up to $1,000,000
c. "Unlimited": No limit on contract value
B. Plumbing: N/A
4.02 To demonstrate Bidder's qualifications to perform the Work prior to award, within
five (5) days of Owner's request, Bidder shall submit written evidence which shall
include, but not be limited to, the following:
A. Official name of Bidder and length of time the organization has been in
business under present name.
B. Address, phone and fax numbers of main place of business. Address and
phone numbers of company office that will manage the Project if different
than above.
C. Officers of the company. Name and resume of designated project manager
and field superintendent. Number of regular employees of the organization.
D. Latest financial statement showing assets and liabilities of the company.
E. Name and home office address of the Surety proposed and the name and
address of the responsible local claim agent.
F. Listing of completed projects of similar size and type. Provide name and
phone number of project owner representative.
G. Existing work commitments.
H. List of work to be subcontracted. Name and addresses of subcontractors.
I. Names and addresses of major material Suppliers.
J. Statement that bidder is capable of completing the project within the stated
time.
2204 -DY: Contract 3 2/1/2018 00200-2 Instructions to Bidders
Document in accordance with EJCDC No. C-200 (2007) & RUS Bulletin 1780-26, Attachment F, 10/2007

K. The apparent low -bidder shall submit within 72 hours of the bid date the
following Affidavits:
1. Affidavit C, Portion of the Work to Be Performed By Minority Firms.
2. Affidavit D, Good Faith Efforts.
4.03 Any additional submittals required with the General Conditions, Supplementary
Conditions, or the State and Federal Special Conditions shall be submitted within
the stated timeframes and on the supplied forms, where available.
4.04 Failure or refusal to furnish information requested shall constitute a basis for
disqualification of Bidder and the withholding of the Bid Bond.
ARTICLE 5 EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA,
AND SITE
5.01 Underground Facilities
A. Information and data shown or indicated in the Bidding Documents with
respect to existing Underground Facilities at or contiguous to the Site is
based upon information and data furnished to Owner and Engineer by
owners of such Underground Facilities, including Owner, or others.
5.02 Provisions concerning responsibilities for the adequacy of data furnished to
prospective Bidders with respect to subsurface conditions, other physical
conditions and Underground Facilities, and possible changes in the Bidding
Documents due to differing or unanticipated conditions appear in paragraphs
4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning
responsibilities for the adequacy of data furnished to prospective Bidders with
respect to a Hazardous Environmental Condition at the Site, if any, and possible
changes in the Contract Documents due to any Hazardous Environmental
Condition uncovered or revealed at the Site which was not shown or indicated in
the Drawings or Specifications or identified in the Contract Documents to be
within the scope of the Work appear in paragraph 4.06 of the General Conditions.
5.03 On request, Owner will provide Bidder access to the Site to conduct such
examinations, investigations, explorations, tests, and studies as Bidder deems
necessary for submission of a Bid. Bidder shall fill holes and clean up and restore
the Site to its former condition upon completion of such explorations,
investigations, tests, and studies. Bidder shall comply with all applicable Laws
and Regulations relative to excavation and utility locates.
5.04 Additional Owner Provided Information:
A. Reference is made to Article 7 of the Supplementary Conditions for the
identification of the general nature of other work that is to be performed at
the Site by Owner or others (such as utilities and other prime contractors)
that relates to the Work contemplated by these Bidding Documents. On
request, Owner will provide to each Bidder for examination access to or
copies of Contract Documents (other than portions thereof related to price)
for such other work.
5.05 It is the responsibility of each Bidder before submitting a Bid to:
A. Examine and carefully study the Bidding Documents, the other related data
identified in the Bidding Documents, and any Addenda;
2204 -DY: Contract 3 2/1/2018 00200-3 Instructions to Bidders
Document in accordance with EJCDC No. C-200 (2007) & RUS Bulletin 1780-26, Attachment F, 10/2007

B. Visit the Site and become familiar with and satisfy Bidder as to the general,
local and Site conditions that may affect cost, progress, and performance of
the Work;
C. Become familiar with and satisfy Bidder as to all federal, state and local
Laws and Regulations that may affect cost, progress, and performance of
the Work;
D. Obtain and carefully study (or assume responsibility for not doing so) all
additional or supplementary examinations, investigations, explorations, tests,
studies, and data concerning conditions (surface, subsurface, and
Underground Facilities) at or contiguous to the Site which may affect cost,
progress, or performance of the Work or which relate to any aspect of the
means, methods, techniques, sequences, and procedures of construction to
be employed by Bidder, including any specific means, methods, techniques,
sequences, and procedures of construction expressly required by the
Bidding Documents, and safety precautions and programs incident thereto;
E. Agree at the time of submitting its Bid that no further examinations,
investigations, explorations, tests, studies, or data are necessary for the
determination of its Bid for performance of the Work at the price(s) bid and
within the times and in accordance with the other terms and conditions of the
Bidding Documents;
F. Become aware of the general nature of the work to be performed by Owner
and others at the Site that relates to the Work as indicated in the Bidding
Documents;
G. Correlate the information known to Bidder, information and observations
obtained from visits to the Site, reports and drawings identified in the Bidding
Documents, and all additional examinations, investigations, explorations,
tests, studies, and data with the Bidding Documents;
H. Promptly give Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder discovers in the Bidding Documents and confirm
that the written resolution thereof by Engineer is acceptable to Bidder; and
I. Determine that the Bidding Documents are generally sufficient to indicate
and convey understanding of all terms and conditions for the performance of
the Work.
5.06 The submission of a Bid will constitute an incontrovertible representation by
Bidder that Bidder has complied with every requirement of this Article, that
without exception the Bid is premised upon performing and furnishing the Work
required by the Bidding Documents and applying any specific means, methods,
techniques, sequences, and procedures of construction that may be shown or
indicated or expressly required by the Bidding Documents, that Bidder has given
Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that
Bidder has discovered in Bidding Documents and the written resolutions thereof
by Engineer are acceptable to Bidder, and that the Bidding Documents are
generally sufficient to indicate and convey understanding of all terms and
conditions for performing and furnishing the Work.
2204 -DY: Contract 3 2/1/2018 00200-4 Instructions to Bidders
Document in accordance with EJCDC No. C-200 (2007) & RUS Bulletin 1780-26, Attachment F, 10/2007

5.07 After Bids have been submitted, Bidder shall not assert that there was a
misunderstanding concerning the quantities of Work or of the nature of Work to
be done.
5.08 Bidding Documents contain the provisions required for construction of the
Project. Information obtained from an officer, agent, or employee of the Owner or
any other person shall not affect the risks or obligations assumed by the Bidder
or relieve him from fulfilling the conditions of the contract.
5.09 Failure or omission of Bidder to do the foregoing shall in no way relieve Bidder
from the obligations in respect to his Bid.
ARTICLE 6 PRE-BID CONFERENCE
6.01 Pre -Bid Conference will not be held.
ARTICLE 7 SITE AND OTHER AREAS
7.01 The Site is identified in the Bidding Documents. Easements for permanent
structures or permanent changes in existing facilities are to be obtained and paid
for by Owner unless otherwise provided in the Bidding Documents. Additional
lands and access thereto required for temporary construction facilities,
construction equipment, or storage of materials and equipment to be
incorporated in the Work are to be obtained and paid for by Contractor.
ARTICLE 8 INTERPRETATIONS AND ADDENDA
8.01 Questions about the meaning or intent of the Bidding Documents are to be
submitted to Engineer in writing. Questions may be faxed or e-mailed. Questions
will not be taken by phone. Engineer's fax number is 1-252-757-3221. E-mail
address is [e-mail].
8.02 Submittal with questions shall include the project name, the person's name
submitting the question, firm, telephone number, fax number and e-mail when
available.
8.03 Interpretations or clarifications considered necessary by Engineer in response to
such questions will be issued by Addenda delivered to parties recorded by
Engineer as having received the Bidding Documents. Questions received less
than five working days prior to the date for opening of Bids may not be answered.
Only questions answered by Addenda will be binding. Oral and other written
interpretations or clarifications will be without legal effect.
8.04 Addenda may be issued to clarify, correct, or change the Bidding Documents as
deemed advisable by Owner or Engineer.
ARTICLE 9 BID SECURITY
9.01 Bid must be accompanied by Bid security made payable to Owner in an amount
of 5 percent of Bidder's maximum Bid price and in the form of a certified or bank
check or a Bid Bond (on the form attached) issued by a surety meeting the
requirements of paragraphs 5.01 and 5.02 of the General Conditions.
9.02 The Bid security of the Successful Bidder will be retained until such Bidder has
executed the Contract Documents, furnished the required contract security and
met the other conditions of the Notice of Award, whereupon the Bid security will
be returned. If the Successful Bidder fails to execute and deliver the Contract
Documents and provide the required contract security within 10 days after the
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Notice of Award, Owner may annul the Notice of Award and the Bid security of
that Bidder will be forfeited. The Bid security of other Bidders whom Owner
believes to have a reasonable chance of receiving the award may be retained by
Owner until the earlier of seven days after the Effective Date of the Agreement or
the end of the Bid holding period as indicated in the Bid Form, whereupon Bid
security furnished by such Bidders will be returned.
9.03 Bid security of other Bidders whom Owner believes do not have a reasonable
chance of receiving the award will be returned within seven days after the Bid
opening.
ARTICLE 10 CONTRACT TIMES
10.01 The number of days within which, or the dates by which, the Work is to be
substantially completed and ready for final payment are set forth in the
Agreement.
ARTICLE 11 LIQUIDATED DAMAGES
11.01 Provisions for liquidated damages, if any, are set forth in the Agreement.
ARTICLE 12 SUBSTITUTE AND OR -EQUAL ITEMS
12.01 The Contract, if awarded, will be on the basis of materials and equipment
specified or described in the Bidding Documents, or "or -equal" materials and
equipment as defined in paragraph 6.05 of the General Conditions, or those
substitute materials and equipment approved by the Engineer and identified by
Addendum. The materials and equipment described in the Bidding Documents
establish a standard of required type, function and quality to be met by any
proposed substitute or or -equal item. Request for Engineer's clarification of
materials and equipment considered or -equal prior to the Effective Date of the
Agreement must be received by the Engineer at least 5 days prior to the date for
receipt of Bids. No item of material or equipment will be considered by Engineer
as a substitute unless written request for approval has been submitted by Bidder
and has been received by Engineer at least 15 days prior to the date for receipt
of Bids. Each request shall conform to the requirements of paragraph 6.05 of the
General Conditions. The burden of proof of the merit of the proposed item is
upon the Bidder. Engineer's decision of approval or disapproval of a proposed
item will be final. If Engineer approves any proposed substitute item, such
approval will be set forth in an Addendum issued to all prospective Bidders.
Bidders shall not rely upon approvals made in any other manner.
ARTICLE 13 SUBCONTRACTORS, SUPPLIERS, AND OTHERS
13.01 If the Supplementary Conditions require the identity of certain Subcontractors,
Suppliers, or others to be submitted to Owner in advance of a specified date prior
to the Notice of Award, the apparent Successful Bidder, and any other Bidder so
requested, shall within five days after Bid opening, submit to Owner a list of such
Subcontractors, Suppliers, and others proposed for those portions of the Work
for which such identification is required. An experience statement shall
accompany such list with pertinent information regarding similar projects and
other evidence of qualification for each such Subcontractor, Supplier, and others
if requested by Owner. If Owner or Engineer, after due investigation, has
reasonable objection to any proposed Subcontractor, Supplier, or others, Owner
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may, before the Notice of Award is given, request apparent Successful Bidder to
submit a substitute, without an increase in the Bid.
13.02 If apparent Successful Bidder declines to make any such substitution, Owner
may determine such Bidder to be non-responsive, reject the Bid, and award the
Contract to the next lowest Bidder that proposes to use acceptable
Subcontractors, Suppliers, individuals, or entities. Declining to make requested
substitutions will not constitute grounds for forfeiture of the Bid security of any
Bidder. Subcontractor, Supplier, or others so listed and against which Owner or
Engineer makes no written objection prior to the giving of the Notice of Award will
be deemed acceptable to Owner and Engineer subject to revocation of such
acceptance after the Effective Date of the Agreement as provided in paragraph
6.06 of the General Conditions.
13.03 Contractor shall not be required to employ any Subcontractor, Supplier,
individual, or entity against whom Contractor has reasonable objection.
13.04 The Contractor shall not award work to Subcontractor(s) in excess of the limits
stated in SC 6.06.
ARTICLE 14 PREPARATION OF BID
14.01 The Bid form is included with the Bidding Documents. Additional copies may be
obtained from Engineer.
14.02 Bids must be made on required Bid Form. Blanks on the Bid Form shall be
completed by printing in ink. Erasures or alterations shall be initialed in ink by the
person signing the Bid Form. A Bid Price shall be indicated for each item listed
therein, or the words "No Bid," "No Change," or "Not Applicable" entered.
Unsigned modifications to Bid Form may cause Bid to be rejected.
14.03 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers
of which shall be filled in on the Bid form. It is the bidder's responsibility to
confirm the final number of addendums with Engineer prior to submitting the bid.
14.04 The postal and email addresses and telephone number for communication
regarding the Bid shall be shown.
14.05 The Bid shall contain evidence of Bidder's authority and qualification to do
business in the state or locality where the Project is located. Bidder's state
contractor license number shall also be shown on the Bid form.
14.06 Bid Form shall be executed as follows:
A. Sole Owner: Evidenced by word "owner" appearing after the name of the
person -executing document.
B. Partnership: Executed in the partnership name and signed by a partner,
whose title shall appear under the signature, accompanied by evidence of
authority to sign.
C. Corporation: Executed in the corporate name by the president or vice-
president or other corporate officer accompanied by evidence of authority to
sign. Corporate seal shall be affixed and attested by secretary or assistant
secretary and the title of the office of such person shall appear after their
signatures.
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D. Joint Venture: Executed by each member of the Joint Venture in the above
form for sole owner, partnership, or corporation, whichever form is
applicable.
E. Limited Liability Company: Executed in the name of the firm by a member
and accompanied by evidence of authority to sign.
F. Signatures shall be signed in ink and properly witnessed.
G. Names shall be typed or printed in ink below the signatures.
H. Official mailing address of owner, partnership, corporation, or joint venture
shall be shown below the signature.
14.07 Bidder shall complete the form, Identification of Minority Business Participation,
identifying the minority businesses that will be utilized on the project with
corresponding total dollar value and Affidavit A, Listing of Good Faith Efforts, or
Affidavit B, Intent to Perform Contract with own Workforce, as required by G.S.
143-128.2(c) and G.S. 143-128.2(f). Failure to comply with these requirements is
grounds for rejection of the bid.
ARTICLE 15 SUBMITTAL OF BID
15.01 The Owner, at the location and time indicated in the Advertisement for Bids, will
receive sealed Bids. Bids received after the indicated time and date shall not be
considered.
15.02 Bid form is to be completed and submitted with all the attachments outlined in
Article 7 of the Bid Form, including the E -Verify Affidavit. The complete list of
required bid documents can also be found in the attached Bidder's Checklist.
The checklist shall be the first page of all bids submitted.
15.03 Submit Bid in an opaque sealed envelope plainly marked on the outside with the
following:
Bid for Holly Creek Bank Stabilization
Contract No, Name
Bidder's name and address
N.C. Contractor's license number with classification and limitation
15.04 If forwarded by mail or other delivery system, enclose sealed envelope
containing Bid and information listed above in another envelope with notation
"BID ENCLOSED" and addressed to:
Town of Tarboro
500 Main Street
Tarboro, NC 27886
When using the mail or other delivery system, the Bidder is totally responsible for
the mail or other delivery system delivering the Bid at the place and prior to the
time indicated in the Advertisement for Bid.
ARTICLE 16 MODIFICATION AND WITHDRAWAL OF BID
16.01 A Bid may be modified or withdrawn by an appropriate document duly executed
in the manner that a Bid must be executed and delivered to the place where Bids
are to be submitted prior to the date and time for the opening of Bids.
Modifications shall indicate only the amount to be added to or deducted from the
Bidder's Bid amount as submitted on the Bid Form.
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16.02 No Bid may be withdrawn after the Bid opening for a period of time as indicated
in the Bid Form except in accordance with the provisions of N. C. General
Statues 143-129.1.
ARTICLE 17 OPENING OF BIDS
17.01 Bids will be opened at the time and place indicated in the Advertisement for Bids
and, unless obviously non-responsive, read aloud publicly. An abstract of the
amounts of the base Bids and major alternates, if any, will be made available to
Bidders after the opening of Bids.
ARTICLE 18 BIDS TO REMAIN SUBJECT TO ACCEPTANCE
18.01 Bids will remain subject to acceptance for the period of time stated in the Bid
form, but Owner may, at its sole discretion, release any Bid and return the Bid
security prior to the end of this period.
ARTICLE 19 BASIS OF BID; COMPARISON OF BIDS
19.01 Unit Price
A. Bidders shall submit a Bid on a unit price basis for each item of Work listed
in the Bid schedule.
B. The total of all bid prices will be determined as the sum of the products of the
estimated quantity of each item and the corresponding unit price bid for the
item. The final quantities and Contract Price will be determined in
accordance with paragraph 11.03 of the General Conditions.
C. Discrepancies between the multiplication of units of Work and unit prices will
be resolved in favor of the unit prices. Discrepancies between the indicated
sum of any column of figures and the correct sum thereof will be resolved in
favor of the correct sum. Discrepancies between words and figures will be
resolved in favor of the words.
ARTICLE 20 EVALUATION OF BIDS AND AWARD OF CONTRACT
20.01 Owner reserves the right to reject any or all Bids, including without limitation,
nonconforming, non-responsive, unbalanced, or conditional Bids. Owner further
reserves the right to reject the Bid of any Bidder whom it finds, after reasonable
inquiry and evaluation, to be non-responsive. Owner also reserves the right to
waive informalities not involving price, time, or changes in the Work and to
negotiate contract terms with the Successful Bidder.
20.02 More than one Bid for the same Work from an individual or entity under the same
or different names will not be considered. Reasonable grounds for believing that
any Bidder has an interest in more than one Bid for the Work may be cause for
disqualification of that Bidder and the rejection of Bids in which that Bidder has
an interest.
20.03 In evaluating Bids, Owner will consider whether or not the Bids comply with the
prescribed requirements, and such alternates, unit prices and other data, as may
be requested in the Bid Form or prior to the Notice of Award.
20.04 In evaluating Bidders, Owner will consider the qualifications of Bidders and may
consider the qualifications and experience of Subcontractors, Suppliers, and
other individuals or entities proposed for those portions of the Work for which the
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identity of Subcontractors, Suppliers, and other individuals or entities must be
submitted as provided in the Supplementary Conditions.
20.05 Owner may conduct such investigations as Owner deems necessary to establish
the responsibility, qualifications, and financial ability of Bidders, proposed
Subcontractors, Suppliers, individuals, or entities to perform the Work in
accordance with the contract Documents.
20.06 In determining the lowest responsible Bidder, Owner shall take into consideration
the past performance of Bidder on construction contracts with particular concern
given to completion times, quality of work, cooperation with other contractors,
and cooperation with owner.
20.07 In determining the responsive Bidder, Owner shall take into consideration
bidder's compliance with the requirements of G.S. 143-128.2(c). Failure of the
low bidder to furnish affidavit(s) and documentation as required by the Bid Form
for compliance with G.S. 143-128.2(c) may constitute a basis for disqualification
of the Bid.
20.08 Owner reserves the right to reject Bid if the evidence submitted by, or
investigation of, such Bidder fails to satisfy Owner that such Bidder is properly
qualified to carry out the obligations of the Agreement and to complete the Work
described therein.
20.09 Should the Owner adjudge that the apparent low Bidder is not the lowest
responsible Bidder by virtue of the above information, said apparent low Bidder
will be so notified and his Bid security shall be returned.
20.10 If the Contract is to be awarded, Owner will award the Contract to the responsible
Bidder whose Bid, conforming with all the material terms and conditions of the
Instruction to Bidders, is lowest, price and other factors considered. If detailed in
the bid form, factors such as discounts, transportation costs, and life cycle costs
may be used to determine which bidder, if any, is to be offered the award.
ARTICLE 21 CONTRACT SECURITY AND INSURANCE
21.01 Article 5 of the General Conditions, as may be modified by the Supplementary
Conditions, sets forth Owner's requirements as to Performance Bond, Payment
Bond, and other Bonds and insurance. When the Successful Bidder delivers the
executed Agreement to Owner, it must be accompanied by such Bonds.
ARTICLE 22 SIGNING OF AGREEMENT
22.01 When Owner gives a Notice of Award to the Successful Bidder, it shall be
accompanied by the required number of unsigned counterparts of the Agreement
with the other contract Documents which are identified in the Agreement as
attached thereto. Within 10 days thereafter, Successful Bidder shall sign and
deliver the required number of counterparts of the Agreement, Bonds, Insurance,
and other documents to Owner. Within 10 days thereafter, Owner shall deliver
one fully signed counterpart to Successful Bidder with a complete set of the
Drawings with appropriate identification.
22.02 In case of failure of Bidder to execute the Agreement, Owner may at his option
consider Bidder in default, in which case Bid Bond accompanying Bid shall
become the property of the Owner.
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22.03 Applicable laws, ordinances, and the rules and regulations of authorities having
jurisdiction over construction of the Project shall apply to the contract throughout.
END OF DOCUMENT
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BIDDER'S CHECKLIST
This checklist shall be included as the first page of the submitted bidding documents.
As outlined in article 7 of the Bid Form the following items shall be included with the
submitted bidding documents:
- Properly Executed Bid Form (Including the acknowledgement of all Addenda)
Required Bid security in the form of a Bid Bond (EJCDC No. C-430) or Certified
A. Check (circle type of security provided); Bid Bond shall be include an executed
Power of Attorney.
B1 Identification of Minority Business Participation
B2 Affidavit A, Listing of Good Faith Efforts; or Affidavit B, Intent to Perform
Contract with Own Workforce
B3 Guidelines for Recruitment and Selection of Minority Business for State Funded
Projects Administered Through the Construction Grants and Loan Section
C. E -Verify Affidavit
i
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BID FORM
CONTRACT 3
PROJECT: Tar River - WWTP Emergency Watershed Protection Streambank Stabilization
CONTRACT: 3
BID FROM:
TABLE OF ARTICLES
page
Article 1 — Bid Recipient
1
Article 2 — Bidder's Acknowledgements
1
Article 3 — Bidder's Representations
1
Article 4 — Further Representations
2
Article 5 — Basis of Bid
3
Article 6 — Time of Completion
5
Article 7 — Attachments to this Bid
5
Article 8 — Defined Terms
7
Article 9 — Bid Submittal
7
ARTICLE 1 BID RECIPIENT
1.01 This Bid is Submitted To:
Town of Tarboro
500 Main Street
Tarboro, NC 27886
1.02 Undersigned bidder proposes and agrees, if this Bid
is accepted, to enter into an
Agreement with the Owner in the form included in the Bidding Documents to perform the
Work as specified or indicated in the Bidding Documents for the prices and within the
times indicated in the Bid and in accordance with the other terms and conditions of the
Bidding Documents.
ARTICLE 2 BIDDER'S ACKNOWLEDGEMENTS
2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including
without limitation those dealing with the disposition of Bid security. This Bid will remain
subject to acceptance for 60 days after the Bid opening, or for such longer period of
time that Bidder may agree to in writing upon request of Owner.
ARTICLE 3 BIDDER'S REPRESENTATIONS
3.01 In submitting this Bid, Bidder represents that:
A. Bidder has examined and carefully studied the Bidding Documents, the other
related data identified in the Bidding Documents, and the following Addenda, receipt
of which is hereby acknowledged.
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Addenda:
B. Bidder has visited the Site and become familiar with and is satisfied as to the
general, local and Site conditions that may affect cost, progress, and performance
of the Work.
C. Bidder is familiar with and is satisfied as to federal, state and local Laws and
Regulations that may affect cost, progress, and performance, of the Work.
D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface
conditions at or contiguous to the Site and all drawings of physical conditions in or
relating to existing surface or subsurface structures at or contiguous to the Site
(except Underground Facilities) which have been identified in SC -4.02, and (2)
reports and drawings of Hazardous Environmental Conditions that have been
identified in SC -4.06.
E. Bidder has obtained and carefully studied (or accepts the consequences for not
doing so) all additional or supplementary examinations, investigations, explorations,
tests, studies and data concerning conditions (surface, subsurface and
Underground Facilities) at or contiguous to the Site which may affect cost, progress,
or performance of the Work or which relate to any aspect of the means, methods,
techniques, sequences, and procedures of construction to be employed by Bidder,
including applying the specific means, methods, techniques, sequences, and
procedures of construction expressly required by the Bidding Documents to be
employed by Bidder, and safety precautions and programs incident thereto.
F. Bidder does not consider that any further examinations, investigations, explorations,
tests, studies, or data are necessary for the determination of this Bid for
performance of the Work at the price(s) bid and within the times and in accordance
with the other terms and conditions of the Bidding Documents.
G. Bidder is aware of the general nature of work to be performed by Owner and others
at the Site that relates to the Work as indicated in the Bidding Documents.
H. Bidder has correlated the information known to Bidder, information and
observations obtained from visits to the Site, reports and drawings identified in the
Bidding Documents, and all additional examinations, investigations, explorations,
tests, studies, and data with the Bidding Documents.
I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder has discovered in the Bidding Documents, and the written
resolution thereof by Engineer is acceptable to Bidder.
J. The Bidding Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for the performance of the Work for which
this Bid is submitted.
K. Bidder will submit written evidence of its authority to do business in the state where
the Project is located not later than the date of its execution of the Agreement.
ARTICLE 4 FURTHER REPRESENTATIONS
4.01 Bidder further represents that:
A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed
individual or entity and is not submitted in conformity with any agreement or rules of
any group, association, organization or corporation;
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B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a
false or sham Bid;
C. Bidder has not solicited or induced any individual or entity to refrain from bidding;
and
D. Bidder has not sought by collusion to obtain for itself any advantage over any other
Bidder or over Owner.
ARTICLE 5 BASIS OF BID
5.01 Bidder will complete the Work in accordance with the Contract Documents for the
following price(s):
A. For all Work a Lump Sum of:
Dollars ($
ARTICLE 6 TIME OF COMPLETION
6.01 Bidder agrees that the Work will be substantially completed and ready for final payment
in accordance with paragraph 14.07.13 of the General Conditions on or before the dates
or within the number of calendar days indicated in the Agreement.
6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of
failure to complete the Work within the Contract Times.
6.03 Milestone Dates
A. The following principal events shall be completed and ready for final payment in
accordance with paragraph 14.07 of the General Conditions within days indicated
below after the date when the Contract Time commences to run. In accordance with
paragraph 3.2 above as liquidated damages for delay (but not as penalty)
Contractor shall pay Owner the amounts indicated below for each day that expires
after the time specified below for completion and readiness for final payment.
Milestone Event
1. Final Completion
ARTICLE 7 ATTACHMENTS TO THIS BID
Calendar Days Liquidated
Damages
60 $750.00
7.01 The following documents are attached to and made a condition of this Bid. Failure to
provide the documentation with the bid may be grounds for rejection of the bid.
A. Required Bid security in the form of a Bid Bond (EJCDC No. C-430) or Certified
Check (circle type of security provided).
B. In accordance with GS 143-128.2(c), Bidder shall identify on its bid the minority
businesses that it will use on the project and the total dollar value of the bid that will
be performed by the minority businesses and list the good faith efforts (Affidavit A)
made to solicit participation. A Bidder that will perform all of the work with its own
workforce may submit an Affidavit (B) to that effect in lieu of the affidavit (A)
required above.
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1. Identification of Minority Business Participation
2. Affidavit A, Listing of Good Faith Efforts
3. Affidavit B, Intent to Perform Contract with Own Workforce.
7.02 After the bid opening the Owner will consider all bids and alternates and determine the
lowest responsible, responsive bidder. Upon notification of being the apparent low
Bidder, the Bidder shall then file within 72 hours of the notification of being the apparent
lowest bidder, the following:
A. An Affidavit (C) that includes a description of the portion of work to be executed by
minority businesses, expressed as a percentage of the total contract price, which is
equal to or more than the goal established by the Owner and indicated in the
Instruction to Bidders, paragraph Minority Participation Goals. This affidavit shall
give rise to the presumption that the bidder has made the required good faith effort;
or
B. Affidavit (D) of its good faith effort to meet the goal. The document must include
evidence of all good faith efforts that were implemented, including any
advertisements, solicitations and other specific actions demonstrating recruitment
and selection of minority businesses for participation in the contract.
7.03 In accordance with GS 143-128 the Single Prime Contractor must identify the
Contractors, if any, selected for the following subdivision of work:
A. General Construction
Name:
Address:
N.C. License No.:
7.04 Bidder understands that if this Bid is accepted by the Owner, Bidder shall not substitute
for the subcontractors named in the Bid Documents except as allowed in the
Supplementary Conditions.
ARTICLE 8 DEFINED TERMS
8.01 The terms used in this Bid with initial capital letters have the meanings stated in the
Instructions to Bidders, the General Conditions, and the Supplementary Conditions.
ARTICLE 9 BID SUBMITTAL
9.01 Contractor's License
A. Number:
B. Classification:
C. Limitation:
Employer's Tax ID No.,-
Business
o.:
Business Address
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Phone No.:
Fax No.:
E -Mail Address:
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9.02 This Bid Submitted by:
An Individual
Name:
(Type or print)
By:
(Individual's Signature)
Doing Business As:
(Type or print)
A Partnership
Partnership Name:
The Organization and Internal Affairs of the Partnership are governed by the laws
of the State of:
By:
(Signature of general partner, attach evidence of authority to sign)
Name.
(Type or print)
Title:
(Type or print)
Attest:
(Signature of Corporate Secretary)
A Corporation
Corporation Name:
State of Incorporation:
By:
(Signature, attach evidence of authority to sign)
Name:
Title:
Attest:
(Type or print)
(Type or print)
(Signature of Corporate Secretary)
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Corporate Seal
Bid Form

Limited Liability Company — LLC
Name of LLC:
Name of State under whose Laws the Limited Liability Company
was formed:
By:
Name:
Title:
(Signature of Manager)
(Type or print)
(Type or print)
END OF DOCUMENT
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PENAL SUM FORM
BID BOND
Any singular reference to Bidder, Surety, Owner, or other party shall be considered plural where
applicable.
BIDDER (Name and Address):
SURETY (Name and Address of Principal Place of Business):
OWNER (Name and Address):
BID
Bid Due Date:
Project (Brief Description Including Location):
BOND
Bond Number:
Date (Not later than Bid due date):
Penal sum
(Words)
(Figures)
Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse
side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer,
agent, or representative.
Bidder's Name and Corporate Seal
By:
Signature and Title
Attest:
Signature and Title
(Seal)
SURETY
Surety's Name and Corporate Seal
LIM
Signature and Title
(Attach Power of Attorney)
Attest:
Signature and Title
Note: Above addresses are to be used for giving required notice.
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EJCDC No. C-430 (2002 Edition)
(Seal)
Bid Bond

1. Bidder and Surety, jointly and severally, bind
themselves, their heirs, executors, administrators,
successors and assign to pay to Owner upon default
of Bidder the penal sum set forth on the face of this
Bond. Payment of the penal sum is the extent of
Surety's liability.
2. Default of Bidder shall occur upon the failure of
Bidder to deliver within the time required by the
Bidding Documents (or any extension thereof agreed
to in writing by Owner) the executed Agreement
required by the Bidding Documents and any
performance and payment bonds required by the
Bidding Documents.
3. This obligation shall be null and void if:
3.1. Owner accepts Bidder's Bid and Bidder
delivers within the time required by the
Bidding Documents (or any extension
thereof agreed to in writing by Owner) the
executed Agreement required by the Bidding
Documents and any performance and
payment bonds required by the Bidding
Documents, or
3.2. All Bids are rejected by Owner, or
3.3. Owner fails to issue a Notice of Award to
Bidder within the time specified in the
Bidding Documents (or any extension
thereof agreed to in writing by Bidder and, if
applicable, consented to by Surety when
required by Paragraph 5 hereof).
4. Payment under this Bond will be due and payable
upon default by Bidder and within 30 calendar days
after receipt by Bidder and Surety of written notice of
default from Owner, which notice will be given with
reasonable promptness, identifying this Bond and the
Project and including a statement of the amount due.
5. Surety waives notice of any and all defenses
based on or arising out of any time extension to issue
Notice of Award agreed to in writing by Owner and
Bidder, provided that the total time for issuing Notice
of Award including extensions shall not in the
aggregate exceed 120 days from Bid due date without
Surety's written consent.
6. No suit or action shall be commenced under this
Bond prior to 30 calendar days after the notice of
default required in Paragraph 4 above is received by
Bidder and Surety and in no case later than one year
after Bid due date.
PENAL SUM FORM
7. Any suit or action under this Bond shall be
commenced only in a court of competent jurisdiction
located in the state in which the Project is located.
8. Notices required hereunder shall be in writing and
sent to Bidder and Surety at their respective
addresses shown on the face of this Bond. Such
notices may be sent by personal delivery, commercial
courier, or by United States Registered or Certified
Mail, return receipt requested, postage pre -paid, and
shall be deemed to be effective upon receipt by the
Party concerned.
9. Surety shall cause to be attached to this Bond a
current and effective Power of Attorney evidencing the
authority of the officer, agent, or representative who
executed this Bond on behalf of Surety to execute,
seal, and deliver such Bond and bind the Surety
thereby.
10. This Bond is intended to conform to all applicable
statutory requirements. Any applicable requirement of
any applicable statute that has been omitted from this
Bond shall be deemed to be included herein as if set
forth at length. If any provision of this Bond conflicts
with any applicable statute, then the provision of said
statute shall govern and the remainder of this Bond
that is not in conflict therewith shall continue in full
force and effect.
11. The term "Bid" as used herein includes a Bid,
offer, or proposal as applicable.
2204 -DY: Contract 3 1/30/2018 00430-2 Bid Bond
EJCDC No. C-430 (2002 Edition)

Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid
Identification of Minority Business Participation
(Name of Bidder)
do hereby certify that on this project, we will use the following minority business enterprises as
construction subcontractors, vendors, suppliers or providers of professional services.
- - •� „w. twl r-%11l.al1 MIJul IGdrl kap, hispanic (H), Asian American (A) American Indian (1),
Female (F) Socially and Economically Disadvantaged (D)
The total value of minority business contracting will be ($)
MBFotms 2002-R

Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid
State of North Carolina AFFIDAVIT A -Listing of Good Faith Efforts
County of
(Name of Bidder)
Affidavit of
I have made a good faith effort to comply under the following areas checked:
Bidders must earn at least 50 points from the good faith efforts listed for their bid to be
considered responsive. (1 NC Administrative Code 30 1.0101)
1 — (10 pts) Contacted minority businesses that reasonably could have been expected to submit a quote and
that were known to the contractor, or available on State or local government maintained lists, at least 10 days
before the bid date and notified them of the nature and scope of the work to be performed.
❑ 2 —(10 pts) Made the construction plans, specifications and requirements available for review by prospective
minority businesses, or providing these documents to them at least 10 days before the bids are due.
❑ 3 — (15 pts) Broken down or combined elements of work into economically feasible units to facilitate minority
participation.
4 — (10 pts) Worked with minority trade, community, or contractor organizations identified by the Office of
Historically Underutilized Businesses and included in the bid documents that provide assistance in
recruitment of minority businesses.
❑ 5 — (10 pts) Attended prebid meetings scheduled by the public owner.
❑ 6 — (20 pts) Provided assistance in getting required bonding or insurance or provided alternatives to bonding
or insurance for subcontractors.
rn 7 — (15 pts) Negotiated in good faith with interested minority businesses and did not reject them as
unqualified without sound reasons based on their capabilities. Any rejection of a minority business based on
lack of qualification should have the reasons documented in writing.
8 — (25 pts) Provided assistance to an otherwise qualified minority business in need of equipment, loan
capital, lines of credit, orjoint pay agreements to secure loans, supplies, or letters of credit, including waiving
credit that is ordinarily required. Assisted minority businesses in obtaining the same unit pricing with the
bidder's suppliers in order to help minority businesses in establishing credit.
9 — (20 pts) Negotiated joint venture and partnership arrangements with minority businesses in order to
increase opportunities for minority business participation on a public construction or repair project when
possible.
❑ 10 - (20 pts) Provided quick pay agreements and policies to enable minority contractors and suppliers to
meet cash-flow demands.
The undersigned, if apparent low bidder, will enter into a formal agreement with the firms listed in the
Identification of Minority Business Participation schedule conditional upon scope of contract to be
executed with the Owner. Substitution of contractors must be in accordance with GS143-128.2(d)
Failure to abide by this statutory provision will constitute a breach of the contract.
The undersigned hereby certifies that he or she has read the terms of the minority business
commitment and is authorized to bind the bidder to the commitment herein set forth.
Date: Name of Authorized Officer:
S
MBForms 2002-R
Signature:
Title:
State of North Carolina, County of
Subscribed and sworn to before me this day of ?[)
Notary Public
My commission expires

Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid
State of North Carolina --AFFIDAVIT B-- Intent to Perform Contract
with Own Workforce.
County of
Affidavit of
(Name of Bidder)
I hereby certify that it is our intent to perform 100% of the work required for the
contract.
(Name of Project)
In making this certification, the Bidder states that the Bidder does not customarily subcontract elements
of this type project, and normally performs and has the capability to perform and will perform all
elements of the work on this project with his/her own current work forces; and
The Bidder agrees to provide any additional information or documentation requested by the owner in
support of the above statement.
The undersigned hereby certifies that he or she has read this certification and is authorized to bind the
Bidder to the commitments herein contained.
Date:
Name of Authorized Officer:
Signature:
Title:
SEAL
State of North Carolina, County of
Subscribed and sworn to before me this
Notary Public
My commission expires
MBForms 2002-R
day of 20_

STATE OF NORTH CAROLINA
COUNTY OR MUNICIPALITY
M
by and on behalf of
AFFIDAVIT
(the individual attesting below), being duly authorized
(the entity bidding on project
hereinafter "Employer") after first being duly sworn hereby swears or affirms as follows:
1. Employer understands that E -Verify is the federal E -Verify program operated by the
United States Department of Homeland Security and other federal agencies, or any
successor or equivalent program used to verify the work authorization of newly hired
employees pursuant to federal law in accordance with NCGS §64-25(5).
2. Employer understands that Employers Must Use E -Verify. Each employer, after hiring
an employee to work in the United States, shall verify the work authorization of the
employee through E -Verify in accordance with NCGS§64-26(a).
3. Employer is a person, business entity, or other organization that transacts business in
this State and that employs 25 or more employees in this State. (mark Yes or No)
a. YES or
b. NO
4. Employer's subcontractors comply with E -Verify, and if Employer is the winning bidder
on this project Employer will ensure compliance with E -Verify by any subcontractors
subsequently hired by Employer.
This day of
Signature of Affiant
Print or Type Name:
State of North Carolina County of
20_
Signed and sworn to (or affirmed) before me, this the
day of
My Commission Expires:
,20—
My
20_
Notary Public
D
X
O
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PAGE FOR ATTACHING
POWER OF ATTORNEY
(Bid Bond)
2204 -DY: Contract 3 1/30/2018 00432-1 Power of Attorney

CONTRACT REQUIREMENTS

Notice of Award
Project:
Tar R Iva r - W WTP
Contract:
3
Bidder:
Bidder's Address: (send Certified Mail, Return Receipt Requested)
Owner: Date:
Town of Tarboro
nglneees Project No.:
2204 -DY
TR
You are notified that your Bid received on for the above Contract has been
considered by the Owner. You are the Successful Bidder and are awarded a Contract for the following:
Tar River - WWTP Emergency Watershed Protection Streambank Stabilization
The Contract Price of your Contract is
Dollars
4 copies of each of the proposed Contract Documents (inc. street map) accompany this Notice of
Award.
You must comply with the following conditions precedent within 10 days of the date you receive this
Notice of Award.
1. Deliver to the Owner fully executed counterparts of the Contract Documents.
2. Deliver with the executed Contract Documents the Contract Bonds as specified in the Instructions to
Bidders, General Conditions Paragraph 5.01, and Supplementary Conditions Paragraph SC -5.01.
3. Other conditions precedent:
Failure to comply with these conditions within the time specified will entitle Owner to consider you in
default, annul this Notice of Award and declare your Bid security forfeited.
Within ten days after you comply with the above conditions, Owner will return to you one fully executed
counterpart of the Contract Documents.
Town of Tarboro
Owner
By:
Authorized Signature
Manor
Title
Copy to Engineer
2204 -DY Contract 3 1/30/2018 00510-1 Notice of Award
EJCDC No. C-510 (2002 Edition) Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the
Associated General Contractors of America and the Construction Specifications Institute.

AGREEMENT
THIS AGREEMENT is by and between Town of Tarboro (Owner) and
(Contractor).
Owner and Contractor hereby agree as follows:
ARTICLE 1 -WORK
Contractor shall complete all Work as specified or indicated in the Contract Documents. The
Work is generally described as follows:
2017 Street Resurfacing
ARTICLE 2 - PROJECT
The Project for which the Work under the Contract Documents may be the whole or only a part
is generally described as follows:
Tar River - WWTP Streambank Stabilization
ARTICLE 3- ENGINEER
The Project has been designed by The Wooten Company, 301 W. 14`h Street, Greenville, North
Carolina 27834, (Engineer) which is to act as Owner's representative, assume all duties and
responsibilities and have the rights and authority assigned to Engineer in the Contract
Documents in connection with completion of the Work in accordance with the Contract
Documents.
ARTICLE 4 - CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and
readiness for final payment as stated in the Contract Documents are of the
essence of the Contract.
4.02 Days to Achieve Completion and Final Payment
A. The Work will be substantially completed within 90 days after the date when the
Contract Times commence to run as provided in Paragraph 2.03 of the General
Conditions, and ready for final payment in accordance with Paragraph 14.07 of
the General Conditions.
4.03 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence as stated in this
Agreement and that Owner will suffer financial loss if the Work is not completed
within the times specified in paragraph 4.02 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. The parties also
recognize the delays, expense, and difficulties involved in proving in a legal or
arbitration proceeding the actual loss suffered by Owner if the Work is not
completed on time. Accordingly, instead of requiring any such proof, Owner and
Contractor agree that as liquidated damages for delay (but not as a penalty),
Contractor shall pay Owner 750.00 for each day that expires after the time
specified in paragraph 4.02 for completion and readiness for final payment until
the Work is completed and ready for final payment.
2204 -DY: Contract 3 2/2/2018 00520-1 Agreement
Document in accordance with EJCDC No. C-520 (2007)

4.04 Milestone Dates
A. The following principal events shall be completed and ready for final payment in
accordance with paragraph 14.07 of the General Conditions within days indicated
below after the date when the Contract Time commences to run. In accordance
with paragraph 4.03 above as liquidated damages for delay (but not as penalty)
Contractor shall pay Owner the amounts indicated below for each day that expires
after the time specified below for completion and readiness for final payment.
Milestone Event Calendar Days Liquidated
Damages
A. Final Completion 90 $ 750.00
ARTICLE 5 - CONTRACT PRICE
Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined pursuant
to the following paragraphs:
A. For all Work other that Unit Price Work, a Lump Sum of:
ARTICLE 6- PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 14 of
the General Conditions. Engineer will process Applications for Payment as
provided in the General Conditions.
6.02 Progress Payments; Retainage
A. Owner shall make progress payments on account of the Contract Price on the
basis of Contractor's Applications for Payment as recommended by Engineer, on
or about the 25th day of each month during performance of the Work as
provided in paragraphs 6.02.A.1 below. All such payments will be measured by
the schedule of values established in paragraph 2.07.A of the General Conditions
(and in the case of Unit Price Work based on the number of units completed) or,
in the event there is no schedule of values, as provided in the General
Requirements:
1. Prior to Completion, progress payments will be made in an amount equal to
the percentage as indicated in Section, Supplementary Conditions, but, in
each case, less the aggregate of payments previously made and less such
amounts as Engineer may determine, or Owner may withhold, in accordance
with paragraph 14.02 of the General Conditions.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with paragraph
14.07 of the General Conditions, Owner shall pay the remainder of the Contract
Price as recommended by Engineer as provided in said paragraph 14.07.
2204 -DY: Contract 3 2/2/2018 00520-2 Agreement
Document in accordance with EJCDC No. C-520 (2007)

ARTICLE 7 - INTEREST
All moneys not paid when due as provided in Article 14 of the General Conditions shall bear
interest at the maximum rate 8 percent per annum in accordance with North Carolina General
Statute 24-1.
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce Owner to enter into Agreement, Contractor makes the following
representations:
A. Contractor has examined and carefully studied the Contract Documents and other
related data identified in the Bidding Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as to the
general, local and Site conditions that may affect cost, progress, and performance
of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state and local Laws
and Regulations that may affect cost, progress, and performance of the Work.
D. Contractor has carefully studied all: (1) reports of explorations and tests of
subsurface conditions at or contiguous to the Site and all drawings of physical
conditions in or relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities) which have been identified
in the Supplementary Conditions as provided in Paragraph 4.02 of the General
Conditions and (2) reports and drawings of Hazardous Environmental Conditions,
if any, at the Site that have been identified in the Supplementary Conditions as
provided in paragraph SC -4.06 of the General Conditions.
E. Contractor has obtained and carefully studied (or assumes responsibility for doing
so) all additional or supplementary examinations, investigations, explorations,
tests, studies, and data concerning conditions (surface, subsurface, and
Underground Facilities) at or contiguous to the Site which may affect cost,
progress, or performance of the Work or which relate to any aspect of the means,
methods, techniques, sequences, and procedures of construction to be employed
by Contractor, including any specific means, methods, techniques, sequences,
and procedures of construction expressly required by the Bidding Documents,
and safety precautions and programs incident thereto.
F. Contractor does not consider that any further examinations, investigations,
explorations, tests, studies or data are necessary for the performance of the Work
at the Contract Price, within the Contract Times, and in accordance with the other
items and conditions of the Contract Documents.
G. Contractor is aware of the general nature of work to be performed by Owner and
others at the site that relates to the Work as indicated in the Contract Documents.
H. Contractor has correlated the information known to Contractor, information and
observations obtained from visits to the Site, reports and drawings identified in the
Contract Documents and all additional examinations, investigations, explorations,
tests, studies and data with the Contract Documents.
I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities or
discrepancies that Contractor has discovered in the Contract Documents and the
written resolution thereof by Engineer is acceptable to Contractor.
2204 -DY: Contract 3 2/2/2018 00520-3 Agreement
Document in accordance with EJCDC No. C-520 (2007)

J. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of the
Work.
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. Addenda 00490 as follows:
2. This Agreement (pages 00520-1 to 00520-5)
3. Performance Bond (pages 00610-1 to 00610-2)
4. Payment Bond (pages 00615-1 to 00615-2)
5. Certificate of Insurance (page 00620-1)
6. General Conditions (pages 00700-1 to 00700-68)
7. Supplementary Conditions (pages 00800-1 to 00800-9)
8. Specifications as listed in the table of contents (pages 00010-1 to 00010-1)
of the Project Manual.
9. Drawings consisting of 4 sheets and are attached to this Agreement, with
each sheet bearing the following general title: Holly Creek — Wilson Street
Emergency Watershed Protection Streambank Stabilization.
10. Exhibits to this Agreement as follows:
a. Contractor's Bid (pages 1 to 7, inclusive);
b. Notice of Award (pages 00510-1)
c. Documentation submitted by Contractor prior to Notice of Award.
11. The following that may be delivered or issued on or after the Effective Date
of the Agreement and are not attached hereto:
a. Notice to Proceed (pages 00550-1)
b. Work Change Directives;
c. Change Order;
B. The documents listed in paragraph 9.01.A are attached to this Agreement (except
as expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified or supplemented as
provided in paragraphs 3.04 of the General Conditions.
ARTICLE 10 - MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the General
Conditions.
2204 -DY: Contract 3 2/2/2018 00520-4 Agreement
Document in accordance with EJCDC No. C-520 (2007)

10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract
will be binding on another party hereto without the written consent of the party
sought to be bound; and, specifically but without limitation, moneys that may
become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment,
no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents.
10.03 Successors and Assigns
A. Owner and Contractor each binds itself, its partners, successors, assigns, and
legal representatives to the other party hereto, its partners, successors, assigns,
and legal representatives in respect to all covenants, agreements, and obligations
contained in the Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken, and all remaining
provisions shall continue to be valid and binding upon Owner and Contractor, who
agree that the Contract Documents shall be reformed to replace such stricken
provision or part thereof with a valid and enforceable provision that comes as
close as possible to expressing the intention of the stricken provision.
10.05 Other Provisions
THIS AREA LEFT BLANK INTENTIONALLY
2204 -DY: Contract 3 2/2/2018 00520-5 Agreement
Document in accordance with EJCDC No. C-520 (2007)

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in triplicate. One
counterpart each has been delivered to Owner, Contractor, and Engineer. All portions of the
Contract Documents have been signed or have been identified by Owner and Contractor or
identified by Engineer on their behalf.
This Agreement will be effective on 2018 (which is the
Effective Date of the Agreement).
OWNER: Town of Tarboro CONTRACTOR:
Name Name
Mayor
Title Title
Signature Signature
(SEAL) (SEAL)
ATTEST:
Name Name
Town Manager
Title Title
Signature Signature
Address for giving notices
Town of Tarboro
500 Main Street
Tarboro, NC 27886
License No.
If Owner is a public body, attach evidence of authority to sign and resolution or other
documents authorizing execution of Agreement.
If Contractor is a corporation, partnership, or joint venture, attach evidence of authority to sign.
END OF DOCUMENT
2204 -DY: Contract 3 2/2/2018 00520-6 Agreement
Document in accordance with EJCDC No. C-520 (2007)

Notice to Proceed
Project: Owner:
Tar River— WWTP Emergency Watershed Protection Streambank Stabilization Town of Tarboro
Contract:
3
eldder
Bidders Address: (send Certified Mail, Return Receipt Requested)
Date
nglneer's Project No.:
2204 -DY
You are notified that the Contract Times under the above contract will commence to run on
On or before that date, you are to start performing your obligations under the
Contract Documents. In accordance with Article 4 of the Agreement the work is to be completed in 90
consecutive calendar days. The date of completion of all work is therefore
Tf
Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions provides that you
must deliver to the Owner (with copies to Engineer and other identified additional insureds) certificates of
insurance which you are required to purchase and maintain in accordance with the Contract Documents.
Also, before you may start any Work at the Site, you must: N/A
Owner — Town of Tarboro
Given by:
Authorized Signature
Title —
Date
Copy to Engineer
Acceptance of Notice
Receipt of the Notice of Proceed is hereby acknowledged by
this the day of 20
By.
Title:
2204 -DY: Contract 3 1/30/2018 00550-1 Notice to Proceed
EJCDC No. C-550 (2002 Edition) Prepared by the Engineers' Joint Contract Documents Committee and
endorsed by the
Associated General Contractors of America and the Construction Specifications Institute.

PERFORMANCE BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business):
OWNER (Name and Address):
CONTRACT
Date:
Amount:
Description (Name and Location):
BOND
Bond Number:
Date (Not earlier than Contract Date):
Amount:
Modifications to this Bond Form:
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do
each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL
Company:
SURETY
Signature: (Seal)
(Seal
Name and Title:
Surety's Name and Corporate Seal )
By:
Signature and Title
(Attach Power of Attorney)
(Space is provided below for signatures of additional
parties, if required.)
Attest:
Signature and Title
CONTRACTOR AS PRINCIPAL
SURETY
Company:
Signature: (Seal)
(Seal
Name and Title:
Surety's Name and Corporate Seal )
By:
Signature and Title
(Attach Power of Attorney)
Attest:
Signature and Title:
EJCDC No. C-610 (2002 Edition)
Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the
Associated General Contractors of America, and the American Institute of Architects.
2204 -DY: Contract 3 1/30/2018
00610-1 Performance Bond

1. Contractor and Surety, jointly and severally, bind themselves, their heirs,
executors, administrators, successors, and assigns to Owner for the
performance of the Contract, which is incorporated herein by reference.
2. If Contractor performs the Contract, Surety and Contractor have no
obligation under this Bond, except to participate in conferences as provided in
Paragraph 3.1.
3. If there is no Owner Default, Surety's obligation under this Bond shall arise
after:
3.1. Owner has notified Contractor and Surety, at the addresses
described in Paragraph 10 below, that Owner is considering
declaring a Contractor Default and has requested and attempted to
arrange a conference with Contractor and Surety to be held not
later than 15 days after receipt of such notice to discuss methods of
performing the Contract. If Owner, Contractor and Surety agree,
Contractor shall be allowed a reasonable time to perform the
Contract, but such an agreement shall not waive Owner's right, if
any, subsequently to declare a Contractor Default; and
6. After Owner has terminated Contractor's right to complete the Contract,
and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then the
responsibilities of Surety to Owner shall not be greater than those of
Contractor under the Contract, and the responsibilities of Owner to Surety
shall not be greater than those of Owner under the Contract. To a limit of the
amount of this Bond, but subject to commitment by Owner of the Balance of
the Contract Price to mitigation of costs and damages on the Contract, Surety
is obligated without duplication for:
6.1. The responsibilities of Contractor for correction of defective Work
and completion of the Contract;
6.2. Additional legal, design professional, and delay costs resulting from
Contractor's Default, and resulting from the actions or failure to act
of Surety under Paragraph 4; and
6.3. Liquidated damages, or if no liquidated damages are specified in
the Contract, actual damages caused by delayed performance or
non-performance of Contractor.
7. Surety shall not be liable to Owner or others for obligations of Contractor
3.2. Owner has declared a Contractor Default and formally terminated that are unrelated to the Contract, and the Balance of the Contract Price shall
Contractor's right to complete the Contract. Such Contractor not be reduced or set off on account of any such unrelated obligations. No
Default shall not be declared earlier than 20 days after Contractor right of action shall accrue on this Bond to any person or entity other than
and Surety have received notice as provided in Paragraph 3.1; and Owner or its heirs, executors, administrators, or successors.
3.3. Owner has agreed to pay the Balance of the Contract Price to:
1. Surety in accordance with the terms of the Contract;
2. Another contractor selected pursuant to Paragraph 4.3 to
perform the Contract.
4. When Owner has satisfied the conditions of Paragraph 3, Surety shall
promptly and at Surety's expense take one of the following actions:
4.1. Arrange for Contractor, with consent of Owner, to perform and
complete the Contract; or
4.2. Undertake to perform and complete the Contract itself, through its
agents or through independent contractors; or
4.3. Obtain bids or negotiated proposals from qualified contractors
acceptable to Owner for a contract for performance and completion
of the Contract, arrange for a contract to be prepared for execution
by Owner and Contractor selected with Owner's concurrence, to be
secured with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the Contract, and
pay to Owner the amount of damages as described in Paragraph 6
in excess of the Balance of the Contract Price incurred by Owner
resulting from Contractor Default; or
4.4. Waive its right to perform and complete, arrange for completion, or
obtain a new contractor and with reasonable promptness under the
circumstances:
1. After investigation, determine the amount for which it may be
liable to Owner and, as soon as practicable after the amount is
determined, tender payment therefor to Owner; or
2. Deny liability in whole or in part and notify Owner citing reasons
therefor.
5. If Surety does not proceed as provided In Paragraph 4 with reasonable
promptness, Surety shall be deemed to be in default on this Bond 15 days
after receipt of an additional written notice from Owner to Surety demanding
that Surety perform its obligations under this Bond, and Owner shall be
entitled to enforce any remedy available to Owner. If Surety proceeds as
provided in Paragraph 4.4, and Owner refuses the payment tendered or
Surety has denied liability, in whole or in
part, without further notice Owner shall be entitled to enforce any remedy
available to Owner.
FOR INFORMATION ONLY — Name, Address and Telephone
Surety Agency or Broker
Owner's Representative (engineer or other party)
8. Surety hereby waives notice of any change, including changes of time, to
Contract or to related subcontracts, purchase orders, and other obligations.
9. Any proceeding, legal or equitable, under this Bond may be Instituted in
any court of competent jurisdiction in the location in which the Work or part of
the Work is located and shall be instituted within two years after Contractor
Default or within two years after Contractor ceased working or within two years
after Surety refuses or fails to perform its obligations under this Bond,
whichever occurs first. If the provisions of this paragraph are void or
prohibited by law, the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the
address shown on the signature page.
11. When this Bond has been furnished to comply with a statutory
requirement in the location where the Contract was to be performed, any
provision in this Bond conflicling with said statutory requirement shall be
deemed deleted herefrom and provisions conforming to such statutory
requirement shall be deemed incorporated herein. The intent is that this Bond
shall be construed as a statutory bond and not as a common law bond.
12. Definitions.
12.1 Balance of the Contract Price: The total amount payable by Owner
to Contractor under the Contract after all proper adjustments have
been made, including allowance to Contractor of any amounts
received or to be received by Owner in settlement of insurance or
other Claims for damages to which Contractor is entitled, reduced
by all valid and proper payments made to or on behalf of Contractor
under the Contract.
12.2. Contract: The agreement between Owner and Contractor identified
on the signature page, including all Contract Documents and
changes thereto.
12.3. Contractor Default: Failure of Contractor, which has neither been
remedied nor waived, to perform or otherwise to comply with the
terms of the Contract.
12.4. Owner Default: Failure of Owner, which has neither been remedied
nor waived, to pay Contractor as required by the Contract or to
perform and complete or comply with the other terms thereof.
2204 -DY: Contract 3 1/30/2018 00610-2 Performance Bond

PAYMENT BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
OWNER (Name and Address):
CONTRACT
Date:
Amount:
Description (Name and Location).
BOND
Bond Number:
Date (Not earlier than Contract Date):
Amount:
Modifications to this Bond Form:
SURETY (Name and Address of Principal Place of Business).
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do
each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL
Company:
SURETY
Signature: (Seal) _ (Seal)
Name and Title: Surety's Name and Corporate Seal
By:
Signature and Title
(Space is provided below for signatures of additional (Attach Power of Attorney)
parties, if required.)
Attest:
Signature and Title
CONTRACTOR AS PRINCIPAL SURETY
Company:
Signature: (Seal) (Seal)
Name and Title: Surety's Name and Corporate Seal
By: _
Signature and Title
(Attach Power of Attorney)
Attest:
Signature and Title:
EJCDC No. C-615 (2002 Edition)
Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the
Associated General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the
Associated Specialty Contractors.
2204 -DY: Contract 3 2/1/2018 00615-1 Payment Bond

1. Contractor and Surely, jointly and severally, bind themselves, their heirs,
executors, administrators, successors, and assigns to Owner to pay for labor,
materials, and equipment furnished by Claimants for use in the performance of
the Contracl, which is incorporated herein by reference.
2. With respect to Owner, this obligation shall be null and void if Contractor:
2.1. Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
2.2. Defends, indemnifies, and holds harmless Owner from all claims,
demands, liens, or suits alleging non-payment by Contractor by any
person or entity who furnished labor, materials, or equipment for use
in the performance of the Contract, provided Owner has promptly
notified Contractor and Surety (at the addresses described in
Paragraph 12) of any claims, demands, liens, or suits and tendered
defense of such claims, demands, liens, or suits to Contractor and
Surety, and provided there is no Owner Default.
3. With respect to Claimants, this obligation shall be null and void if Contractor
promptly makes payment, directly or indirectly, for all sums due.
4. Surety shall have no obligation to Claimants under this Bond until:
4.1. Claimants who are employed by or have a direct contract with
Contractor have given notice to Surety (at the addresses described in
Paragraph 12) and sent a copy, or notice thereof, to Owner, stating
that a claim is being made under this Bond and, with substantial
accuracy, the amount of the claim.
4.2. Claimants who do not have a direct contract with Contractor:
1. Have furnished written notice to Contractor and sent a copy, or
notice thereof, to Owner, within 90 days after having last
performed labor or last furnished materials or equipment included
in the claim stating, with substantial accuracy, the amount of the
claim and the name of the party to whom the materials or
equipment were furnished or supplied, or for whom the labor was
done or performed; and
2. Have either received a rejection in whole or in part from
Contractor, or not received within 30 days of furnishing the above
notice any communication from Contractor by which Contractor
had indicated the claim will be paid directly or indirectly; and
3. Not having been paid within the above 30 days, have sent a
written notice to Surety and sent a copy, or notice thereof, to
Owner, stating that a claim is being made under this Bond and
enclosing a copy of the previous written notice furnished to
Contractor.
5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to
Contractor or to Surety, that is sufficient compliance.
6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety
shall promptly and at Surety's expense take the following actions:
6.1. Send an answer to that Claimant, with a copy to Owner, within 45
days after receipt of the claim, stating the amounts that are
undisputed and the basis for challenging any amounts that are
disputed.
6.2. Pay or arrange for payment of any undisputed amounts.
7. Surety's total obligation shall not exceed the amount of this Bond, and the
amount of this Bond shall be credited for any payments made in good faith by
Surety.
f FOR INFORMATION ONLY — Name, Address and Telephone
Surety Agency or Broker:
Owner's Representative tengineer or other party):
8. Amounts owed by Owner to Contractor under the Contract shall be used for
the performance of the Contracl and to satisfy claims, if any, under any
performance bond. By Contractor furnishing and Owner accepting this Bond,
they agree that all funds earned by Contractor in the performanoe of the
Contract are dedicated to satisfy obligations of Contractor and Surety under
this Bond, subject to Owner's priority to use the funds for the completion of the
Work.
9. Surety shall not be liable to Owner, Claimants, or others for obligations of
Contractor that are unrelated to the Contract. Owner shall not be liable for
payment of any costs or expenses of any Claimant under this Bond, and shall
have under this Bond no obligations to make payments to, give notices on
behalf of, or otherwise have obligations to Claimants under this Bond.
10. Surety hereby waives notice of any change, including changes of time, to
the Contract or to related Subcontracts, purchase orders and other obligations.
11. No suit or action shall be commenced by a Claimant under this Bond
other than in a court of competent jurisdiction in the location in which the Work
or part of the Work is located or after the expiration of one year from the date
(1) on which Ilia Claimant gave the notice required by Paragraph 4.1 or
Paragraph 4.2.3, or (2) on which the last labor or service was performed by
anyone or the last materials or equipment were furnished by anyone under the
Construction Contract, whichever of (1) or (2) first occurs. If the provisions of
this paragraph are void or prohibited by law; the minimum period of limitation
available to sureties as a defense in the jurisdiction of the suit shall be
applicable.
12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the
addresses shown on the signature page. Actual receipt of notice by Surety,
Owner, or Contractor, however accomplished, shall be sufficient compliance
as of the date received at the address shown on the signature page.
13. When this Bond has been furnished to comply with a statutory
requirement in the location where the Contract was to be performed, any
provision in this Bond conflicting with said statutory requirement shall be
deemed deleted herefrom and provisions conforming to such statutory
requirement shall he deemed incorporated herein. The intent is that this Bond
shall be construed as a statutory Bond and not as a common law bond.
14. Upon request of any person or entity appearing to be a potential
beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond
or shall permit a copy to be made.
15. DEFINITIONS
15.1. Claimant: An individual or enttty having a direct contract with
Contractor, or with a first-tier subcontractor of Contractor, to furnish
labor, materials, or equipment for use in the performance of the
Contract. The intent of this Bond shall be to include without limitation
in the terms "labor, materials or equipment" that part of water, gas,
power, light, heat, oil, gasoline, telephone service, or rental
equipment used in the Contract, architectural and engineering
services required for performance of the Work of Contractor and
Contractor's Subcontractors, and all other items for which a
mechanic's lien may be asserted in the jurisdiction where the labor,
materials, or equipment were furnished.
15.2. Contract: The agreement between Owner and Contractor identified
on the signature page, including all Contract Documents and
changes thereto.
15.3. Owner Default: Failure of Owner, which has neither been remedied
nor waived, to pay Contractor as required by the Contract or to
perform and complete or comply with the other terms thereof.
2204 -DY: Contract 3 2/1/2018 00615-2 Payment Bond

PAGE FOR ATTACHING
POWER OF ATTORNEY
2204 -DY: Contract 3 1/30/2018 00616-1 Power of Attorney

PAGE FOR ATTACHING
CERTIFICATE OF INSURANCE
2204 -DY: Contract 3 1/30/2018 00618-1 Certificate of Insurance

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Engineers Joint Documents Committee
Design and Construction Related Documents
Instructions and License Agreement
Instructions
Before you use anN- EJCDC document:
I. Read the License Agreement. You agree to it
and are bound by its terms when you use the
EJCDC document.
2. Make sure that you have the correct version
for your software.
How to Use:
1. While EJCDC has expended considerable
effort to make the software translations exact,
it can be that a few document controls (e.g.,
bold, underline) did not carry over.
2. Similarly, your software may change the font
specification if the font is not available in
your system. It will choose a font that is close
in appearance. In this event, the pagination
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3. If you modify the document, you must follow
the instructions in the License Agreement
about notification.
4. Also note the instruction in the License
Agreement about the EJCDC copyright.
License Agreement
You should carefully read the following terms
and conditions before using this document.
Commencement of use of this document
indicates your acceptance of these terms and
conditions. If you do not agree to them, you
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The Engineers Joint Contract Documents
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You acknowledge that you understand that the
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and Construction Related Documents has
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consultation with an attorney is recommended
with respect to use or modification of the text.
You further acknowledge that EJCDC documents
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License:
You have a limited nonexclusive license to:
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2. Use EJCDC Design and Construction
Related Documents in printed form for bona
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You aeree that you will:
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Not represent that any of the contract
documents you generate from EJCDC
Design and Construction Related
Documents are EJCDC documents unless (i)
the document text is used without alteration
or (ii) all additions and changes to, and
deletions from, the text are clearly shown.
You may not use, copy, modify, or transfer
EJCDC Design and Construction Related
Documents, or any copy, modification or
merged portion, in whole or in part, except as
expressly provided for in this license.
Reproduction of EJCDC Design and
Construction Related Documents in printed or
machine-readable format for resale or
educational purposes is expressly prohibited.

If you transfer possession of any copy,
modification or merged portion of EJCDC
Design and Construction Related Documents
to another party, your license is automatically
terminated.
Term:
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terminate it at any time by destroying EJCDC
Design and Construction Related Documents
altogether with all copies, modifications and
merged portions in any form. It will also terminate
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Agreement or if you fail to comply with any term
or condition of this Agreement. You agree upon
such termination to destroy EJCDC Design and
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Limited Warranty:
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There is no other warranty of any kind, either
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states do not allow the exclusion of implied
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which vary from state to state.
EJCDC does not warrant that the functions
contained in EJCDC Design and Construction
Related Documents will meet your requirements
or that the operation of EJCDC Design and
Construction Related Documents will be
uninterrupted or error free.
Limitations of Remedies:
EJCDC's entire liability and your exclusive
remedy shall be:
1. the replacement of any document not meeting
EJCDC's "Limited Warranty" which is
returned to EJCDC's selling agent with a
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2. if EJCDC's selling agent is unable to deliver
a replacement CD or diskette which is free of
defects in materials and workmanship, you
may terminate this Agreement by returning
EJCDC Document and your money will be
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In no event will EJCDC be liable to you for any
damages, including any lost profits, lost savings or
other incidental or consequential damages arising
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and Construction Related Documents even if
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Some states do not allow the limitation or
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General:
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license except as expressly provided in this
Agreement. Any attempt otherwise to sublicense,
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obligations hereunder is void.
This Agreement shall be governed by the laws of
the State of Virginia. Should you have any
questions concerning this Agreement, you may
contact EJCDC by writing to:
Arthur Schwartz, Esq.
General Counsel
National Society of Professional
Engineers
1420 King Street
Alexandria, VA 22314
Phone: [phone]
Fax: [phone]
e-mail: [e-mail]
You acknowledge that you have read this
agreement, understand it and agree to be
bound by its terms and conditions. You further
agree that it is the complete and exclusive
statement of the agreement between us which
supersedes any proposal or prior agreement,
oral or written, and any other communications
between us relating to the subject matter of this
agreement.

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

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Certificate of Substantial Completion
Project:
Tar River - WWTP Emer
Owner:
Town of Tarboro
c;ontract:
3
Watershed Protection Streambank Stabilization
This [tentative] [definitive] Certificate of Substantial Completion applies to:
Owner's Contract No.::
ngineer's Project No.:
2204 -DY
❑ All Work under the Contract Documents: ❑ The following specified portions:
Date of Substantial Completion
The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor and Engineer,
and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is
hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents, except as
stated below.
A [tentative] [revised tentative] [definitive] list of items to be completed or corrected, is attached hereto. This list may not be all-
inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in
accordance with the Contract Documents.
The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities,
insurance and warranties shall be as provided in the Contract Documents except as amended as follows:
❑ Amended Responsibilities ❑ Not Amended
Owner's Amended Responsibilities:
Contractor's Amended Responsibilities:
The following documents are attached to and made part of this Certificate:
This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of
Contractor's obligation to complete the Work in accordance with the Contract Documents.
Executed by Engineer
Accepted by Contractor
Accepted by Owner
2204 -DY: Contract 3 1/30/2018
Date
Date
Date
00625-1 Certificate of Substantial Completion
EJCDC No. C-625 (2007 Edition) Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the
Construction Specifications Institute.

EXHIBIT GC -A
CERTIFICATE OF OWNER'S ATTORNEY
I, the undersigned,
the duly authorized and acting legal representative of
do hereby certify as follows:
have examined the attached Contract(s) and Performance and Payment Bonds and the
manner of execution thereof, and I am of the opinion that each of the aforesaid agreements is
adequate and has been duly executed by the proper parties thereto acting through their duly
authorized representatives; that said representatives have full power and authority to execute
said agreements on behalf of the respective parties named thereon; and that the foregoing
agreements constitute valid and legally binding obligations upon the parties executing the same
in accordance with terms, conditions, and provisions thereof.
Date
PRE -AUDIT STATEMENT
This instrument has been pre -audited in the manner required by the Local Government Budget
and Fiscal Control Act.
Date:
By:
Title -
2204 -DY: Contract 3 1/30/2018 00634-1 Owner's Certification

This document has important legal consequences; consultation with an attorney is encouraged with respect to its
use or modification. This document should be adapted to the particular circumstances of the contemplated
Project and the controlling Laws and Regulations.
STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly by
_ k
ACEC
AMERICAN COUNCIL UP ENGINEERING COMPANIES RYE
H 1
A
��� American Society National Society of
of Civil Engineers Professional Engineers
Professional Engineers in Private Practice
AMERICAN COUNCIL OF ENGINEERING COMPANIES
ASSOCIATED GENERAL CONTRACTORS OF AMERICA
AMERICAN SOCIETY OF CIVIL ENGINEERS
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
A Practice Division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
Endorsed by
lov
CONSTRUCTION SPECIFICATIONS INSTITUTE
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

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

STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Page
Article 1 — Definitions and Terminology........................................................................................................... l
1.01 Defined Terms .......................
1.02 Terminology.................................................................................................................................. 5
Article2 — Preliminary Matters...................................................................................................................... 6
2.01 Delivery of Bonds and Evidence of Insurance............................................................................. 6
2.02 Copies of Documents.................................................................................................................... 6
2.03 Commencement of Contract Times; Notice to Proceed...............................................................6
2.04 Starting the Work.......................................................................................................................... 7
2.05 Before Starting Construction........................................................................................................ 7
2.06 Preconstruction Conference; Designation of Authorized Representatives .................................. 7
2.07 Initial Acceptance of Schedules....................................................................................................7
Article 3 — Contract Documents: Intent, Amending, Reuse............................................................................. 8
3.01 Intent.............................................................................................................................................. 8
3.02 Reference Standards............................................................................................................. 8
3.03 Reporting and Resolving Discrepancies....................................................................................... 9
3.04 Amending and Supplementing Contract Documents................................................................... 9
3.05 Reuse of Documents...................................................................................................................10
3.06 Electronic Data............................................................................................................................10
Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental
Conditions; Reference Points...........................................................................................................11
4.01 Availability of Lands...................................................................................................................1 l
4.02 Subsurface and Physical Conditions...........................................................................................11
4.03 Differing Subsurface or Physical Conditions.............................................................................12
4.04 Underground Facilities................................................................................................................13
4.05 Reference Points..........................................................................................................................14
4.06 Hazardous Environmental Condition at Site..............................................................................14
Article5 — Bonds and Insurance......................................................................................................................16
5.01 Performance, Payment, and Other Bonds...................................................................................16
5.02 Licensed Sureties and Insurers......................................................................................... .......16
5.03 Certificates of Insurance..............................................................................................................17
5.04 Contractor's Insurance................................................................................................................17
5.05 Owner's Liability Insurance........................................................................................................19
5.06 Property Insurance...................................................................................................................19
5.07 Waiver of Rights.........................................................................................................................20
5.08 Receipt and Application of Insurance Proceeds.........................................................................21
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page

5.09 Acceptance of Bonds and Insurance; Option to Replace...........................................................21
5.10 Partial Utilization, Acknowledgment of Property Insurer..........................................................22
Article 6 - Contractor's Responsibilities.........................................................................................................22
6.01 Supervision and Superintendence..........................................:.......;:...........................................22
6.02 Labor; Working Hours................................................................................................................22
6.03 Services, Materials, and Equipment...........................................................................................22
6.04 Progress Schedule.......................................................................................................................23
6.05 Substitutes and "Or-Equals".......................................................................................................23
6.06 Concerning Subcontractors, Suppliers, and Others.. . ................................................................. 25
6.07 Patent Fees and Royalties............................................................................................................27
6.08 Permits.........................................................................................................................................27
6.09 Laws and Regulations.................................................................................................................28
6.10 Taxes............................................................................................................................................28
6.11 Use of Site and Other Areas........................................................................................................28
6.12 Record Documents...................................................................................................................... 29
6.13 Safety and Protection...................................................................................................................29
6.14 Safety Representative..................................................................................................................30
6.15 Hazard Communication Programs.............................................................................................. 30
6.16 Emergencies................................................................................................................................ 30
6.17 Shop Drawings and Samples...................................................................................................... 31
6.18 Continuing the Work...................................................................................................................32
6.19 Contractor's General Warranty and Guarantee..........................................................................33
6.20 Indemnification ...............................................................................33
6.21 Delegation of Professional Design Services...............................................................................34
Article7 - Other Work at the Site...............................................................................:................................... 35
7.01 Related Work at Site...................................................................................................................35
7.02 Coordination................................................................................................................................35
7.03 Legal Relationships ........................... ...............................................................................36
Article 8 - Owner's Responsibilities.................................................................................................... `'6
8.01 Communications to Contractor...................................................................................................36
8.02 Replacement of Engineer............................................................................................................36
8.03 Furnish Data................................................................................................................................36
8.04 Pay When Due.............................................................................................................................36
8.05 Lands and Easements; Reports and Tests...................................................................................36
8.06 Insurance......................................................................................................................................36
8.07 Change Orders.............................................................................................................................37
8.08 Inspections, Tests, and Approvals...............................................................................................37
8.09 Limitations on Owner's Responsibilities....................................................................................37
8.10 Undisclosed Hazardous Environmental Condition.................................................................... 37
8.11 Evidence of Financial Arrangements..........................................................................................37
8.12 Compliance with Safety Program............................................................................................... 37
Article 9 - Engineer's Status During Construction.........................................................................................37
9.01 Owner's Representative..............................................................................................................37
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9.02 Visits to Site................................................................................................................................ 37
9.03 Project Representative.............................................................................................................38
9.04 Authorized Variations in Work.................................................................................................. 38
9.05 Rejecting Defective Work.......................................................................................................38
9.06 Shop Drawings, Change Orders and Payments..........................................................................39
9.07 Determinations for Unit Price Work...........................................................................................39
9.08 Decisions on Requirements of Contract Documents and Acceptability of Work.....................39
9.09 Limitations on Engineer's Authority and Responsibilities........................................................ 39
9.10 Compliance with Safety Program............................................................................................... 40
Article 10 - Changes in the Work; Claims......................................................................................................40
10.01 Authorized Changes in the Work................................................................................................40
10.02 Unauthorized Changes in the Work.......................................................................................41
10.03 Execution of Change Orders.......................................................................................................
41
10.04 Notification to Surety
..................................................................................................................
41
10.05 Claims..........................................................................................................................................41
Article 11 - Cost of the Work; Allowances; Unit Price Work.......................................................................
42
11.01 Cost of the Work.........................................................................................................................
42
11.02 Allowances..................................................................................................................................45
11.03 Unit Price Work..........................................................................................................................45
Article 12 - Change of Contract Price; Change of Contract Times................................................................46
12.01 Change of Contract Price............................................................................................................46
12.02 Change of Contract Times..........................................................................................................47
12.03 Delays
..........................................................................................................................................
47
Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work.......................48
13.01 Notice of Defects.........................................................................................................................48
13.02 Access to Work...........................................................................................................................48
13.03 Tests and Inspections..................................................................................................................
49
13.04 Uncovering Work........................................................................................................................49
13.05 Owner May Stop the Work.........................................................................................................
50
13.06 Correction or Removal of Defective Work................................................................................
50
13.07 Correction Period
........................................................................................................................
50
13.08 Acceptance of Defective Work...................................................................................................51
13.09 Owner May Correct Defective Work
..........................................................................................52
Article 14 - Payments to Contractor and Completion....................................................................................52
14.01 Schedule of Values......................................................................................................................52
14.02 Progress Payments
.......................................................................................................................52
14.03 Contractor's Warranty of Title....................................................................................................55
14.04 Substantial Completion
............................................................................................................... 55
14.05 Partial Utilization
........................................................................................................................56
14.06 Final Inspection
...........................................................................................................................57
14.07 Final Payment
..............................................................................................................................57
14.08 Final Completion Delayed..........................................................................................................58
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14.09 Waiver of Claims.......................................................... :............................................................ . 58
Article 15 — Suspension of Work and Termination......................................................................................... 59
15.01 Owner May Suspend Work.........................................................................................................59
15.02 Owner May Terminate for Cause.................................................................... ............ 59
15.03 Owner May Terminate For Convenience.................................................................................. 60
15.04 Contractor May Stop Work or Terminate.................................................................... ..60
Article16 — Dispute Resolution .................................... .................................................................. ....... I ... . 61
16.01 Methods and Procedures ......................................................................................................... 61
Article17 — Miscellaneous.............................................................................................................................. 61
17.01 Giving Notice.............................................................................................................................. 61
17.02 Computation of Times............................................................................................... .. 62
...............
17.03 Cumulative Remedies............................................................................................. .... 62
17.04 Survival of Obligations....................................................................................................
17.05 Controlling Law.......................................................................................................................... 62
17.06 Headings..............................................................a..::.......:........................................... ........... 62
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ARTICLE 1— DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial
capital letters, the terms listed below will have the meanings indicated which are applicable to
both the singular and plural thereof. In addition to terms specifically defined, terms with initial
capital letters in the Contract Documents include references to identified articles and paragraphs,
and the titles of other documents or forms.
1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify,
correct, or change the Bidding Requirements or the proposed Contract Documents.
2. Agreement—The written instrument which is evidence of the agreement between Owner and
Contractor covering the Work.
3. Application for Payment—The form acceptable to Engineer which is to be used by Contractor
during the course of the Work in requesting progress or final payments and which is to be
accompanied by such supporting documentation as is required by the Contract Documents.
4. Asbestos—Any material that contains more than one percent asbestos and is friable or is
releasing asbestos fibers into the air above current action levels established by the United
States Occupational Safety and Health Administration.
5. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the
prices for the Work to be performed.
6. Bidder—The individual or entity who submits a Bid directly to Owner.
7. Bidding Documents—The Bidding Requirements and the proposed Contract Documents
(including all Addenda).
8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid
security of acceptable form, if any, and the Bid Form with any supplements.
9. Change Order—A document recommended by Engineer which is signed by Contractor and
Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the
Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement.
10. Claim—A demand or assertion by Owner or Contractor seeking an adjustment of Contract
Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A
demand for money or services by a third party is not a Claim.
11. Contract—The entire and integrated written agreement between the Owner and Contractor
concerning the Work. The Contract supersedes prior negotiations, representations, or
agreements, whether written or oral.
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12. Contract Documents—Those items so designated in the Agreement. Only printed or hard
copies of the items listed in the Agreement are Contract Documents. Approved Shop
Drawings, other Contractor submittals, and the reports and drawings of subsurface and
physical conditions are not Contract Documents.
13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in
accordance with the Contract Documents as stated in the Agreement (subject to the
provisions of Paragraph 11.03 in the case of Unit Price Work).
14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve
Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it
is ready for final payment as evidenced by Engineer's written recommendation of final
payment.
15. Contractor—The individual or entity with whom Owner has entered into the Agreement.
16. Cost of the Work—See Paragraph 11.01 for definition.
17. Drawings—That part of the Contract Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the Work to be performed by
Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined.
18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes
effective, but if no such date is indicated, it means the date on which the Agreement is signed
and delivered by the last of the two parties to sign and deliver.
19. Engineer—The individual or entity named as such in the Agreement.
20. Field Order—A written order issued by Engineer which requires minor changes in the Work
but which does not involve a change in the Contract Price or the Contract Times.
21. General Requirements—Sections of Division 1 of the Specifications.
22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs,
Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances
that may present a substantial danger to persons or property exposed thereto.
23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section
1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time.
24. Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations,
ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and
courts having jurisdiction.
25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or
personal property.
26. Milestone—A principal event specified in the Contract Documents relating to an intermediate
completion date or time prior to Substantial Completion of all the Work_
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27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon
timely compliance by the Successful Bidder with the conditions precedent listed therein,
Owner will sign and deliver the Agreement.
28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which
the Contract Times will commence to run and on which Contractor shall start to perform the
Work under the Contract Documents.
29. Owner—The individual or entity with whom Contractor has entered into the Agreement and
for whom the Work is to be performed.
30. PCBs—Polychlorinated biphenyls.
31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square
inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and
oil mixed with other non -Hazardous Waste and crude oils.
32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the
sequence and duration of the activities comprising the Contractor's plan to accomplish the
Work within the Contract Times.
33. Project—The total construction of which the Work to be performed under the Contract
Documents may be the whole, or a part.
34. Project Manual—The bound documentary information prepared for bidding and constructing
the Work. A listing of the contents of the Project Manual, which may be bound in one or
more volumes, is contained in the table(s) of contents.
35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the
Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.
36. Resident Project Representative—The authorized representative of Engineer who may be
assigned to the Site or any part thereof.
37. Samples—Physical examples of materials, equipment, or workmanship that are representative
of some portion of the Work and which establish the standards by which such portion of the
Work will be judged.
38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required
submittals and the time requirements to support scheduled performance of related
construction activities.
39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions
of the Contract Price to various portions of the Work and used as the basis for reviewing
Contractor's Applications for Payment.
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40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or
information which are specifically prepared or assembled by or for Contractor and submitted
by Contractor to illustrate some portion of the Work.
41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon
which the Work is to be performed, including rights-of-way and easements for access thereto,
and such other lands furnished by Owner which are designated for the use of Contractor.
42. Specifications—That part of the Contract Documents consisting of written requirements for
materials, equipment, systems, standards and workmanship as applied to the Work, and
certain administrative requirements and procedural matters applicable thereto.
43. Subcontractor—An individual or entity having a direct contract with Contractor or with any
other Subcontractor for the performance of a part of the Work at the Site.
44. Substantial Completion—The time at which the Work (or a specified part thereof) has
progressed to the point where, in the opinion of Engineer, the Work (or a specified part
thereof) is sufficiently complete, in accordance with the Contract Documents, so that the
Work (or a specified part thereof) can be utilized for the purposes for which it is intended.
The terms "substantially complete" and "substantially completed" as applied to all or part of
the Work refer to Substantial Completion thereof.
45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an
award.
46. Supplementary Conditions—That part of the Contract Documents which amends or
supplements these General Conditions.
47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a
direct contract with Contractor or with any Subcontractor to furnish materials or equipment to
be incorporated in the Work by Contractor or Subcontractor.
48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements
containing such facilities, including those that convey electricity, gases, steam, liquid
petroleum products, telephone or other communications, cable television, water, wastewater,
storm water, other liquids or chemicals, or traffic or other control systems.
49. Unit Price Work—Work to be paid for on the basis of unit prices
50. Work—The entire construction or the various separately identifiable parts thereof required to
be provided under the Contract Documents. Work includes and is the result of performing or
providing all labor, services, and documentation necessary to produce such construction, and
furnishing, installing, and incorporating all materials and equipment into such construction,
all as required by the Contract Documents.
51. Work Change Directive—A written statement to Contractor issued on or after the Effective
Date of the Agreement and signed by Owner and recommended by Engineer ordering an
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addition, deletion, or revision in the Work, or responding to differing or unforeseen
subsurface or physical conditions under which the Work is to be performed or to
emergencies. A Work Change Directive will not change the Contract Price or the Contract
Times but is evidence that the parties expect that the change ordered or documented by a
Work Change Directive will be incorporated in a subsequently issued Change Order
following negotiations by the parties as to its effect, if any, on the Contract Price or Contract
Times.
1.02 Terminology
A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in
the Bidding Requirements or Contract Documents, have the indicated meaning.
B. Intent of Certain Terms or Adjectives:
1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as
directed" or terms of like effect or import to authorize an exercise of professional judgment
by Engineer. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper,"
"satisfactory," or adjectives of like effect or import are used to describe an action or
determination of Engineer as to the Work. It is intended that such exercise of professional
judgment, action, or determination will be solely to evaluate, in general, the Work for
compliance with the information in the Contract Documents and with the design concept of
the Project as a functioning whole as shown or indicated in the Contract Documents (unless
there is a specific statement indicating otherwise). The use of any such term or adjective is
not intended to and shall not be effective to assign to Engineer any duty or authority to
supervise or direct the performance of the Work, or any duty or authority to undertake
responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the
Contract Documents.
C. Day:
1. The word "day" means a calendar day of 24 hours measured from midnight to the next
midnight.
D. Defective:
1. The word "defective," when modifying the word "Work," refers to Work that is
unsatisfactory, faulty, or deficient in that it:
a. does not conform to the Contract Documents; or
b. does not meet the requirements of any applicable inspection, reference standard, test, or
approval referred to in the Contract Documents; or
c. has been damaged prior to Engineer's recommendation of final payment (unless
responsibility for the protection thereof has been assumed by Owner at Substantial
Completion in accordance with Paragraph 14.04 or 14.05).
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E. Furnish, Install, Perform, Provide:
1. The word "furnish," when used in connection with services, materials, or equipment, shall
mean to supply and deliver said services, materials, or equipment to the Site (or some other
specified location) ready for use or installation and in usable or operable condition.
2. The word "install," when used in connection with services, materials, or equipment, shall
mean to put into use or place in final position said services, materials, or equipment complete
and ready for intended use.
3. The words "perform" or "provide," when used in connection with services, materials, or
equipment, shall mean to furnish and install said services, materials, or equipment complete
and ready for intended use.
4. When "furnish," "install," "perform," or "provide" is not used in connection with services,
materials, or equipment in a context clearly requiring an obligation of Contractor, "provide"
is implied.
F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known
technical or construction industry or trade meaning are used in the Contract Documents in
accordance with such recognized meaning.
ARTICLE 2 — PRELIMINARY MATTERS
2.01 Delivery of Bonds and Evidence of Insurance
A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall
also deliver to Owner such bonds as Contractor may be required to furnish.
B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each
deliver to the other, with copies to each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence of insurance which either of them or any
additional insured may reasonably request) which Contractor and Owner respectively are
required to purchase and maintain in accordance with Article 5.
2.02 Copies of Documents
A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project
Manual. Additional copies will be furnished upon request at the cost of reproduction.
2.03 Commencement of Contract Times; Notice to Proceed
A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the
Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A
Notice to Proceed may be given at any time within 30 days after the Effective Date of the
Agreement. In no event will the Contract Times commence to run later than the sixtieth day after
the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever
date is earlier.
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2.04 Starting the Work
A. Contractor shall start to perform the Work on the date when the Contract Times commence to
run. No Work shall be done at the Site prior to the date on which the Contract Times commence
to run.
2.05 Before Starting Construction
A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless
otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely
review:
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; and
3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of
items which when added together equal the Contract Price and subdivides the Work into
component parts in sufficient detail to serve as the basis for progress payments during
performance of the Work. Such prices will include an appropriate amount of overhead and
profit applicable to each item of Work.
2.06 Preconstruction Conference; Designation ofAuthorized Representatives
A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer,
and others as appropriate will be held to establish a working understanding among the parties as
to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling
Shop Drawings and other submittals, processing Applications for Payment, and maintaining
required records.
B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to
act as its authorized representative with respect to the services and responsibilities under the
Contract. Such individuals shall have the authority to transmit instructions, receive information,
render decisions relative to the Contract, and otherwise act on behalf of each respective party.
2.07 Initial Acceptance of Schedules
A. At least 10 days before submission of the first Application for Payment a conference attended by
Contractor, Engineer, and others as appropriate will be held to review for acceptability to
Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A.
Contractor shall have an additional 10 days to make corrections and adjustments and to complete
and resubmit the schedules. No progress payment shall be made to Contractor until acceptable
schedules are submitted to Engineer.
1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of
the Work to completion within the Contract Times. Such acceptance will not impose on
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Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of
the Work, nor interfere with or relieve Contractor from Contractor's full responsibility
therefor.
2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a workable
arrangement for reviewing and processing the required submittals.
3. Contractor's Schedule of Values will be acceptable to Engineer as to form and substance if it
provides a reasonable allocation of the Contract Price to component parts of the Work.
ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
3.01 Intent
A. The Contract Documents are complementary; what is required by one is as binding as if required
by all.
B. It is the intent of the Contract Documents to describe a functionally complete project (or part
thereof) to be constructed in accordance with the Contract Documents. Any labor,
documentation, services, materials, or equipment that reasonably may be inferred from the
Contract Documents or from prevailing custom or trade usage as being required to produce the
indicated result will be provided whether or not specifically called for, at no additional cost to
Owner.
C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as
provided in Article 9.
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and Regulations
1. Reference to standards, specifications, manuals, or codes of any technical society,
organization, or association, or to Laws or Regulations, whether such reference be specific or
by implication, shall mean the standard, specification, manual, code, or Laws or Regulations
in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there
were no Bids), except as may be otherwise specifically stated in the Contract Documents.
2. No provision of any such standard, specification, manual, or code, or any instruction of a
Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or
Engineer, or any of their subcontractors, consultants, agents, or employees, from those set
forth in the Contract Documents. No such provision or instruction shall be effective to assign
to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents,
consultants, or subcontractors, any duty or authority to supervise or direct the performance of
the Work or any duty or authority to undertake responsibility inconsistent with the provisions
of the Contract Documents.
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3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:
1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each
part of the Work, Contractor shall carefully study and compare the Contract Documents and
check and verify pertinent figures therein and all applicable field measurements. Contractor
shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy
which Contractor discovers, or has actual knowledge of, and shall obtain a written
interpretation or clarification from Engineer before proceeding with any Work affected
thereby.
2. Contractor's Review of Contract Documents During Performance of Work: If, during the
performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy
within the Contract Documents, or between the Contract Documents and (a) any applicable
Law or Regulation, (b) any standard, specification, manual, or code, or (c) any instruction of
any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall
not proceed with the Work affected thereby (except in an emergency as required by Paragraph
6.16.A) until an amendment or supplement to the Contract Documents has been issued by
one of the methods indicated in Paragraph 3.04.
3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error,
ambiguity, or discrepancy in the Contract Documents unless Contractor had actual
knowledge thereof.
B. Resolving Discrepancies:
L Except as may be otherwise specifically stated in the Contract Documents, the provisions of
the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or
discrepancy between the provisions of the Contract Documents and:
a. the provisions of any standard, specification, manual, or code, or the instruction of any
Supplier (whether or not specifically incorporated by reference in the Contract
Documents); or
b. the provisions of any Laws or Regulations applicable to the performance of the Work
(unless such an interpretation of the provisions of the Contract Documents would result in
violation of such Law or Regulation).
3.04 Amending and Supplementing Contract Documents
A. The Contract Documents may be amended to provide for additions, deletions, and revisions in
the Work or to modify the terms and conditions thereof by either a Change Order or a Work
Change Directive.
B. The requirements of the Contract Documents may be supplemented, and minor variations and
deviations in the Work may be authorized, by one or more of the following ways:
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I . A Field Order;
2. Engineer's approval of a Shop Drawing or Sample (subject to the provisions of Paragraph
6.17.D.3); or
3. Engineer's written interpretation or clarification.
3.05 Reuse of Documents
A. Contractor and any Subcontractor or Supplier shall not:
1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or
other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its
consultants, including electronic media editions; or
2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of
the Project or any other project without written consent of Owner and Engineer and specific
written verification or adaptation by Engineer.
B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the
Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract
Documents for record purposes.
3.06 Electronic Data
A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or
Engineer to Contractor, or by Contractor to Owner or Engineer, that may be relied upon are
limited to the printed copies (also known as hard copies). Files in electronic media format of text,
data, graphics, or other types are furnished only for the convenience of the receiving party. Any
conclusion or information obtained or derived from such electronic files will be at the user's sole
risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies
govern.
B. Because data stored in electronic media format can deteriorate or be modified inadvertently or
otherwise without authorization of the data's creator, the party receiving electronic files agrees
that it will perform acceptance tests or procedures within 60 days, after which the receiving party
shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 -day
acceptance period will be corrected by the transferring party.
C. When transferring documents in electronic media format, the transferring party makes no
representations as to long term compatibility, usability, or readability of documents resulting
from the use of software application packages, operating systems, or computer hardware differing
from those used by the data's creator.
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ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS
4.01 Availability of Lands
A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions
not of general application but specifically related to use of the Site with which Contractor must
comply in performing the Work. Owner will obtain in a timely manner and pay for easements for
permanent structures or permanent changes in existing facilities. If Contractor and Owner are
unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the
Contract Price or Contract Times, or both, as a result of any delay in Owner's furnishing the Site
or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05.
B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of
record legal title and legal description of the lands upon which the Work is to be performed and
Owner's interest therein as necessary for giving notice of or filing a mechanic's or construction
lien against such lands in accordance with applicable Laws and Regulations.
C. Contractor shall provide for all additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and equipment.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary Conditions identify:
1. those reports known to Owner of explorations and tests of subsurface conditions at or
contiguous to the Site; and
2. those drawings known to Owner of physical conditions relating to existing surface or
subsurface structures at the Site (except Underground Facilities).
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or
make any claim against Owner or Engineer, or any of their officers, directors, members, partners,
employees, agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for Contractor's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences, and procedures of
construction to be employed by Contractor, and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions, and information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such
other data, interpretations, opinions, or information.
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4.03 Differing Subsurface or Physical Conditions
A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or
revealed either:
1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to
rely as provided in Paragraph 4.02 is materially inaccurate; or
2. is of such a nature as to require a change in the Contract Documents; or
3. differs materially from that shown or indicated in the Contract Documents; or
4. is of an unusual nature, and differs materially from conditions ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Contract
Documents;
then Contractor shall, promptly after becoming aware thereof and before further disturbing the
subsurface or physical conditions or performing any Work in connection therewith (except in an
emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such
condition. Contractor shall not further disturb such condition or perform any Work in connection
therewith (except as aforesaid) until receipt of written order to do so.
B. Engineer's Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will
promptly review the pertinent condition, determine the necessity of Owner's obtaining additional
exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor)
of Engineer's findings and conclusions.
C. Possible Price and Times Adjustments:
1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent
that the existence of such differing subsurface or physical condition causes an increase or
decrease in Contractor's cost of, or time required for, performance of the Work; subject,
however, to the following:
a. such condition must meet any one or more of the categories described in Paragraph
4.03.A; and
b. with respect to Work that is paid for on a unit price basis, any adjustment in Contract
Price will be subject to the provisions of Paragraphs 9.07 and 11.03.
2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if.
a. Contractor knew of the existence of such conditions at the time Contractor made a final
commitment to Owner with respect to Contract Price and Contract Times by the
submission of a Bid or becoming bound under a negotiated contract; or
b. the existence of such condition could reasonably have been discovered or revealed as a
result of any examination, investigation, exploration, test, or study of the Site and
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contiguous areas required by the Bidding Requirements or Contract Documents to be
conducted by or for Contractor prior to Contractor's making such final commitment; or
c. Contractor failed to give the written notice as required by Paragraph 4.03.A.
3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if
any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be
made therefor as provided in Paragraph 10.05. However, neither Owner or Engineer, or any
of their officers, directors, members, partners, employees, agents, consultants, or
subcontractors shall be liable to Contractor for any claims, costs, losses, or damages
(including but not limited to all fees and charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or anticipated project.
4.04 Underground Facilities
A. Shown or Indicated: The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the Site is based on
information and data furnished to Owner or Engineer by the owners of such Underground
Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the
Supplementary Conditions:
1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such
information or data provided by others; and
2. the cost of all of the following will be included in the Contract Price, and Contractor shall
have full responsibility for:
a. reviewing and checking all such information and data;
b. locating all Underground Facilities shown or indicated in the Contract Documents;
c. coordination of the Work with the owners of such Underground Facilities, including
Owner, during construction; and
d. the safety and protection of all such Underground Facilities and repairing any damage
thereto resulting from the Work.
B. Not Shown or Indicated:
1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was
not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract
Documents, Contractor shall, promptly after becoming aware thereof and before further
disturbing conditions affected thereby or performing any Work in connection therewith
(except in an emergency as required by Paragraph 6.16.A), identify the owner of such
Underground Facility and give written notice to that owner and to Owner and Engineer.
Engineer will promptly review the Underground Facility and determine the extent, if any, to
which a change is required in the Contract Documents to reflect and document the
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consequences of the existence or location of the Underground Facility. During such time,
Contractor shall be responsible for the safety and protection of such Underground Facility.
2. If Engineer concludes that a change in the Contract Documents is required, a Work Change
Directive or a Change Order will be issued to reflect and document such consequences. An
equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the
extent that they are attributable to the existence or location of any Underground Facility that
was not shown or indicated or not shown or indicated with reasonable accuracy in the
Contract Documents and that Contractor did not know of and could not reasonably have been
expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree
on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price
or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph
10.05.
4.05 Reference Points
A. Owner shall provide engineering surveys to establish reference points for construction which in
Engineer's judgment are necessary to enable Contractor to proceed with the Work. Contractor
shall be responsible for laying out the Work, shall protect and preserve the established reference
points and property monuments, and shall make no changes or relocations without the prior
written approval of Owner. Contractor shall report to Engineer whenever any reference point or
property monument is lost or destroyed or requires relocation because of necessary changes in
grades or locations, and shall be responsible for the accurate replacement or relocation of such
reference points or property monuments by professionally qualified personnel.
4.06 Hazardous Environmental Condition at Site
A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings
known to Owner relating to Hazardous Environmental Conditions that have been identified at the
Site.
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. Except for such reliance on such "technical data," Contractor may not rely upon or
make any claim against Owner or Engineer, or any of their officers, directors, members, partners,
employees, agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for Contractor's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences and procedures of
construction to be employed by Contractor and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions and information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such
other data, interpretations, opinions or information.
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C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or
revealed at the Site which was not shown or indicated in Drawings or Specifications or identified
in the Contract Documents to be within the scope of the Work. Contractor shall be responsible
for a Hazardous Environmental Condition created with any materials brought to the Site by
Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible.
D. if Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for
whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall
immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with
such condition and in any area affected thereby (except in an emergency as required by Paragraph
6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in
writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to
retain a qualified expert to evaluate such condition or take corrective action, if any. Promptly
after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to
timely obtain required permits and provide Contractor the written notice required by Paragraph
4.06.E.
E. Contractor shall not be required to resume Work in connection with such condition or in any
affected area until after Owner has obtained any required permits related thereto and delivered
written notice to Contractor: (i) specifying that such condition and any affected area is or has
been rendered safe for the resumption of Work; or (ii) specifying any special conditions under
which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement
to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or
both, as a result of such Work stoppage or such special conditions under which Work is agreed to
be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph
10.05.
F. If after receipt of such written notice Contractor does not agree to resume such Work based on a
reasonable belief it is unsafe, or does not agree to resume such Work under such special
conditions, then Owner may order the portion of the Work that is in the area affected by such
condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to
or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a
result of deleting such portion of the Work, then either party may make a Claim therefor as
provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by
Owner's own forces or others in accordance with Article 7.
G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold
harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members,
partners, employees, agents, consultants, and subcontractors of each and any of them from and
against all claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition,
provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the
Drawings or Specifications or identified in the Contract Documents to be included within the
scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is
responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual
or entity from and against the consequences of that individual's or entity's own negligence.
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H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents,
consultants, and subcontractors of each and any of them from and against all claims, costs, losses,
and damages (including but not limited to all fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or other dispute resolution costs) arising out of
or relating to a Hazardous Environmental Condition created by Contractor or by anyone for
whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to
indemnify any individual or entity from and against the consequences of that individual's or
entity's own negligence.
I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLE 5 — BONDS AND INSURANCE
5.01 Performance, Payment, and Other Bonds
A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the
Contract Price as security for the faithful performance and payment of all of Contractor's
obligations under the Contract Documents. These bonds shall remain in effect until one year after
the date when final payment becomes due or until completion of the correction period specified
in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or
by the Contract Documents. Contractor shall also furnish such other bonds as are required by the
Contract Documents.
B. All bonds shall be in the form prescribed by the Contract Documents except as provided
otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list
of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial
Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed
by an agent or attorney-in-fact must be accompanied by a certified copy of that individual's
authority to bind the surety. The evidence of authority shall show that it is effective on the date
the agent or attorney-in-fact signed each bond.
C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its
right to do business is terminated in any state where any part of the Project is located or it ceases
to meet the requirements of Paragraph 5.01.13, Contractor shall promptly notify Owner and
Engineer and shall, within 20 days after the event giving rise to such notification, provide another
bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.13 and
5.02.
5.02 Licensed Sureties and Insurers
A. All bonds and insurance required by the Contract Documents to be purchased and maintained by
Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed
or authorized in the jurisdiction in which the Project is located to issue bonds or insurance
policies for the limits and coverages so required. Such surety and insurance companies shall also
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meet such additional requirements and qualifications as may be provided in the Supplementary
Conditions.
5.03 Certificates of Insurance
A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee
identified in the Supplementary Conditions, certificates of insurance (and other evidence of
insurance requested by Owner or any other additional insured) which Contractor is required to
purchase and maintain.
B. Owner shall deliver to Contractor, with copies to each additional insured and loss payee
identified in the Supplementary Conditions, certificates of insurance (and other evidence of
insurance requested by Contractor or any other additional insured) which Owner is required to
purchase and maintain.
C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance
with these insurance requirements or failure of Owner to identify a deficiency in compliance from
the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain
such insurance.
D. Owner does not represent that insurance coverage and limits established in this Contract
necessarily will be adequate to protect Contractor.
E. The insurance and insurance limits required herein shall not be deemed as a limitation on
Contractor's liability under the indemnities granted to Owner in the Contract Documents.
5.04 Contractor's Insurance
A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being
performed and as will provide protection from claims set forth below which may arise out of or
result from Contractor's performance of the Work and Contractor's other obligations under the
Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier,
or by anyone directly or indirectly employed by any of them to perform any of the Work, or by
anyone for whose acts any of them may be liable:
1. claims under workers' compensation, disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury, occupational sickness or disease, or death of
Contractor's employees;
3. claims for damages because of bodily injury, sickness or disease, or death of any person other
than Contractor's employees;
4. claims for damages insured by reasonably available personal injury liability coverage which
are sustained:
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a. by any person as a result of an offense directly or indirectly related to the employment of
such person by Contractor, or
b. by any other person for any other reason;
5. claims for damages, other than to the Work itself, because of injury to or destruction of
tangible property wherever located, including loss of use resulting therefrom; and
6. claims for damages because of bodily injury or death of any person or property damage
arising out of the ownership, maintenance or use of any motor vehicle.
B. The policies of insurance required by this Paragraph 5.04 shall:
1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be
written on an occurrence basis, include as additional insureds (subject to any customary
exclusion regarding professional liability) Owner and Engineer, and any other individuals or
entities identified in the Supplementary Conditions, all of whom shall be listed as additional
insureds, and include coverage for the respective officers, directors, members, partners,
employees, agents, consultants, and subcontractors of each and any of all such additional
insureds, and the insurance afforded to these additional insureds shall provide primary
coverage for all claims covered thereby;
2. include at least the specific coverages and be written for not less than the limits of liability
provided in the Supplementary Conditions or required by Laws or Regulations, whichever is
greater;
3. include contractual liability insurance covering Contractor's indemnity obligations under
Paragraphs 6.11 and 6.20;
4. contain a provision or endorsement that the coverage afforded will not be canceled, materially
changed or renewal refused until at least 30 days prior written notice has been given to Owner
and Contractor and to each other additional insured identified in the Supplementary
Conditions to whom a certificate of insurance has been issued (and the certificates of
insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide);
5. remain in effect at least until final payment and at all times thereafter when Contractor may
be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07;
and
6. include completed operations coverage:
a. Such insurance shall remain in effect for two years after final payment.
b. Contractor shall furnish Owner and each other additional insured identified in the
Supplementary Conditions, to whom a certificate of insurance has been issued, evidence
satisfactory to Owner and any such additional insured of continuation of such insurance at
final payment and one year thereafter.
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5.05 Owner's Liability Insurance
A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner,
at Owner's option, may purchase and maintain at Owner's expense Owner's own liability
insurance as will protect Owner against claims which may arise from operations under the
Contract Documents.
5.06 Property Insurance
A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain
property insurance upon the Work at the Site in the amount of the full replacement cost thereof
(subject to such deductible amounts as may be provided in the Supplementary Conditions or
required by Laws and Regulations). This insurance shall:
1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other
individuals or entities identified in the Supplementary Conditions, and the officers, directors,
members, partners, employees, agents, consultants, and subcontractors of each and any of
them, each of whom is deemed to have an insurable interest and shall be listed as a loss
payee;
2. be written on a Builder's Risk "all-risk" policy form that shall at least include insurance for
physical loss or damage to the Work, temporary buildings, falsework, and materials and
equipment in transit, and shall insure against at least the following perils or causes of loss:
fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake,
collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations,
water damage (other than that caused by flood), and such other perils or causes of loss as may
be specifically required by the Supplementary Conditions.
3. include expenses incurred in the repair or replacement of any insured property (including but
not limited to fees and charges of engineers and architects);
4. cover materials and equipment stored at the Site or at another location that was agreed to in
writing by Owner prior to being incorporated in the Work, provided that such materials and
equipment have been included in an Application for Payment recommended by Engineer;
5. allow for partial utilization of the Work by Owner;
6. include testing and startup; and
7. be maintained in effect until final payment is made unless otherwise agreed to in writing by
Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to
whom a certificate of insurance has been issued.
B. Owner shall purchase and maintain such equipment breakdown insurance or additional property
insurance as may be required by the Supplementary Conditions or Laws and Regulations which
will include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other
individuals or entities identified in the Supplementary Conditions, and the officers, directors,
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members, partners, employees, agents, consultants and subcontractors of each and any of them,
each of whom is deemed to have an insurable interest and shall be listed as a loss payee.
C. All the policies of insurance (and the certificates or other evidence thereof) required to be
purchased and maintained in accordance with this Paragraph 5.06 will contain a provision or
endorsement that the coverage afforded will not be canceled or materially changed or renewal
refused until at least 30 days prior written notice has been given to Owner and Contractor and to
each other loss payee to whom a certificate of insurance has been issued and will contain waiver
provisions in accordance with Paragraph 5.07.
D. Owner shall not be responsible for purchasing and maintaining any property insurance specified
in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work
to the extent of any deductible amounts that are identified in the Supplementary Conditions. The
risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors,
or others suffering any such loss, and if any of them wishes property insurance coverage within
the limits of such amounts, each may purchase and maintain it at the purchaser's own expense.
E. If Contractor requests in writing that other special insurance be included in the property insurance
policies provided under this Paragraph 5.06, Owner shall, if possible, include such insurance, and
the cost thereof will be charged to Contractor by appropriate Change Order. Prior to
commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not
such other insurance has been procured by Owner.
5.07 Waiver of Rights
A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will
protect Owner, Contractor, Subcontractors, and Engineer, and all other individuals or entities
identified in the Supplementary Conditions as loss payees (and the officers, directors, members,
partners, employees, agents, consultants, and subcontractors of each and any of them) in such
policies and will provide primary coverage for all losses and damages caused by the perils or
causes of loss covered thereby. All such policies shall contain provisions to the effect that in the
event of payment of any loss or damage the insurers will have no rights of recovery against any of
the insureds or loss payees thereunder. Owner and Contractor waive all rights against each other
and their respective officers, directors, members, partners, employees, agents, consultants and
subcontractors of each and any of them for all losses and damages caused by, arising out of or
resulting from any of the perils or causes of loss covered by such policies and any other property
insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors
and Engineer, and all other individuals or entities identified in the Supplementary Conditions as
loss payees (and the officers, directors, members, partners, employees, agents, consultants, and
subcontractors of each and any of them) under such policies for losses and damages so caused.
None of the above waivers shall extend to the rights that any party making such waiver may have
to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so
issued.
B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers,
directors, members, partners, employees, agents, consultants and subcontractors of each and any
of them for:
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1. loss due to business interruption, loss of use, or other consequential loss extending beyond
direct physical loss or damage to Owner's property or the Work caused by, arising out of, or
resulting from fire or other perils whether or not insured by Owner; and
2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting
from fire or other insured peril or cause of loss covered by any property insurance maintained
on the completed Project or part thereof by Owner during partial utilization pursuant to
Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final
payment pursuant to Paragraph 14.07.
C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss
referred to in Paragraph 5.07.13 shall contain provisions to the effect that in the event of payment
of any such loss, damage, or consequential loss, the insurers will have no rights of recovery
against Contractor, Subcontractors, or Engineer, and the officers, directors, members, partners,
employees, agents, consultants and subcontractors of each and any of them.
5.08 Receipt and Application of Insurance Proceeds
A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with
Owner and made payable to Owner as fiduciary for the loss payees, as their interests may appear,
subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.13. Owner
shall deposit in a separate account any money so received and shall distribute it in accordance
with such agreement as the parties in interest may reach. If no other special agreement is reached,
the damaged Work shall be repaired or replaced, the moneys so received applied on account
thereof, and the Work and the cost thereof covered by an appropriate Change Order.
B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of
the parties in interest shall object in writing within 15 days after the occurrence of loss to
Owner's exercise of this power. If such objection be made, Owner as fiduciary shall make
settlement with the insurers in accordance with such agreement as the parties in interest may
reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall
adjust and settle the loss with the insurers and, if required in writing by any party in interest,
Owner as fiduciary shall give bond for the proper performance of such duties.
5.09 Acceptance of Bonds and Insurance; Option to Replace
A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of
the bonds or insurance required to be purchased and maintained by the other party in accordance
with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party
shall so notify the other party in writing within 10 days after receipt of the certificates (or other
evidence requested) required by Paragraph 2.01.13. Owner and Contractor shall each provide to
the other such additional information in respect of insurance provided as the other may
reasonably request. If either party does not purchase or maintain all of the bonds and insurance
required of such party by the Contract Documents, such party shall notify the other party in
writing of such failure to purchase prior to the start of the Work, or of such failure to maintain
prior to any change in the required coverage. Without prejudice to any other right or remedy, the
other party may elect to obtain equivalent bonds or insurance to protect such other party's
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interests at the expense of the parry who was required to provide such coverage, and a Change
Order shall be issued to adjust the Contract Price accordingly.
5.10 Partial Utilization, Acknowledgment of Property Insurer
A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial
Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall
commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have
acknowledged notice thereof and in writing effected any changes in coverage necessitated
thereby. The insurers providing the property insurance shall consent by endorsement on the
policy or policies, but the property insurance shall not be canceled or permitted to lapse on
account of any such partial use or occupancy.
ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES
6.01 Supervision and Superintendence
A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with the Contract Documents. Contractor shall be solely responsible for the
means, methods, techniques, sequences, and procedures of construction. Contractor shall not be
responsible for the negligence of Owner or Engineer in the design or specification of a specific
means, method, technique, sequence, or procedure of construction which is shown or indicated in
and expressly required by the Contract Documents.
B. At all times during the progress of the Work, Contractor shall assign a competent resident
superintendent who shall not be replaced without written notice to Owner and Engineer except
under extraordinary circumstances.
6.02 Labor; Working Hours
A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work
and perform construction as required by the Contract Documents. Contractor shall at all times
maintain good discipline and order at the Site.
B. Except as otherwise required for the safety or protection of persons or the Work or property at the
Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at
the Site shall be performed during regular working hours. Contractor will not permit the
performance of Work on a Saturday, Sunday, or any legal holiday without Owner's written
consent (which will not be unreasonably withheld) given after prior written notice to Engineer.
6.03 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full
responsibility for all services, materials, equipment, labor, transportation, construction equipment
and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities,
temporary facilities, and all other facilities and incidentals necessary for the performance, testing,
start-up, and completion of the Work.
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B. All materials and equipment incorporated into the Work shall be as specified or, if not specified,
shall be of good quality and new, except as otherwise provided in the Contract Documents. All
special warranties and guarantees required by the Specifications shall expressly run to the benefit
of Owner. If required by Engineer, Contractor shall furnish satisfactory evidence (including
reports of required tests) as to the source, kind, and quality of materials and equipment.
C. All materials and equipment shall be stored, applied, installed, connected, erected, protected,
used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except
as otherwise may be provided in the Contract Documents.
6.04 Progress Schedule
A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07
as it may be adjusted from time to time as provided below.
Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.07)
proposed adjustments in the Progress Schedule that will not result in changing the Contract
Times. Such adjustments will comply with any provisions of the General Requirements
applicable thereto.
2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be
submitted in accordance with the requirements of Article 12. Adjustments in Contract Times
may only be made by a Change Order.
6.05 Substitutes and "Or -Equals "
A. Whenever an item of material or equipment is specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular Supplier, the specification or
description is intended to establish the type, function, appearance, and quality required. Unless
the specification or description contains or is followed by words reading that no like, equivalent,
or "or -equal" item or no substitution is permitted, other items of material or equipment or
material or equipment of other Suppliers may be submitted to Engineer for review under the
circumstances described below.
1. "Or -Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed
by Contractor is functionally equal to that named and sufficiently similar so that no change in
related Work will be required, it may be considered by Engineer as an "or -equal" item, in
which case review and approval of the proposed item may, in Engineer's sole discretion, be
accomplished without compliance with some or all of the requirements for approval of
proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of
material or equipment will be considered functionally equal to an item so named if:
a. in the exercise of reasonable judgment Engineer determines that:
1) it is at least equal in materials of construction, quality, durability, appearance,
strength, and design characteristics;
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2) it will reliably perform at least equally well the function and achieve the results
imposed by the design concept of the completed Project as a functioning whole; and
3) it has a proven record of performance and availability of responsive service.
b. Contractor certifies that, if approved and incorporated into the Work:
1) there will be no increase in cost to the Owner or increase in Contract Times; and
2) it will conform substantially to the detailed requirements of the item named in the
Contract Documents.
2. Substitute Items.-
a.
tems:
a. If in Engineer's sole discretion an item of material or equipment proposed by Contractor
does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it will be considered a
proposed substitute item.
b. Contractor shall submit sufficient information as provided below to allow Engineer to
determine if the item of material or equipment proposed is essentially equivalent to that
named and an acceptable substitute therefor. Requests for review of proposed substitute
items of material or equipment will not be accepted by Engineer from anyone other than
Contractor.
c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as
supplemented by the General Requirements, and as Engineer may decide is appropriate
under the circumstances.
d. Contractor shall make written application to Engineer for review of a proposed substitute
item of material or equipment that Contractor seeks to furnish or use. The application:
1) shall certify that the proposed substitute item will:
a) perform adequately the functions and achieve the results called for by the general
design,
b) be similar in substance to that specified, and
c) be suited to the same use as that specified;
2) will state:
a) the extent, if any, to which the use of the proposed substitute item will prejudice
Contractor's achievement of Substantial Completion on time,
b) whether use of the proposed substitute item in the Work will require a change in
any of the Contract Documents (or in the provisions of any other direct contract
with Owner for other work on the Project) to adapt the design to the proposed
substitute item, and
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c) whether incorporation or use of the proposed substitute item in connection with
the Work is subject to payment of any license fee or royalty;
3) will identify:
a) all variations of the proposed substitute item from that specified, and
b) available engineering, sales, maintenance, repair, and replacement services; and
4) shall contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, including costs of redesign and claims of
other contractors affected by any resulting change.
B. Substitute Construction Methods or Procedures: If a specific means, method, technique,
sequence, or procedure of construction is expressly required by the Contract Documents,
Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure
of construction approved by Engineer. Contractor shall submit sufficient information to allow
Engineer, in Engineer's sole discretion, to determine that the substitute proposed is equivalent to
that expressly called for by the Contract Documents. The requirements for review by Engineer
will be similar to those provided in Paragraph 6.05.A.2.
C. Engineer's Evaluation: Engineer will be allowed a reasonable time within which to evaluate
each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. Engineer may require
Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole
judge of acceptability. No "or equal" or substitute will be ordered, installed or utilized until
Engineer's review is complete, which will be evidenced by a Change Order in the case of a
substitute and an approved Shop Drawing for an "or equal." Engineer will advise Contractor in
writing of any negative determination.
D. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a special
performance guarantee or other surety with respect to any substitute.
E. Engineer's Cost Reimbursement: Engineer will record Engineer's costs in evaluating a substitute
proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not
Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall
reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed
substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for
making changes in the Contract Documents (or in the provisions of any other direct contract with
Owner) resulting from the acceptance of each proposed substitute.
F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or
"or -equal" at Contractor's expense.
6.06 Concerning Subcontractors, Suppliers, and Others
A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including
those acceptable to Owner as indicated in Paragraph 6.06.13), whether initially or as a
replacement, against whom Owner may have reasonable objection. Contractor shall not be
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required to employ any Subcontractor, Supplier, or other individual or entity to furnish or
perform any of the Work against whom Contractor has reasonable objection.
B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other
individuals or entities to be submitted to Owner in advance for acceptance by Owner by a
specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list
thereof in accordance with the Supplementary Conditions, Owner's acceptance (either in writing
or by failing to make written objection thereto by the date indicated for acceptance or objection in
the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other
individual or entity so identified may be revoked on the basis of reasonable objection after due
investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor,
Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in
the cost occasioned by such replacement, and an appropriate Change Order will be issued. No
acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether
initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject
defective Work.
C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the
Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the
Contract Documents:
1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity
any contractual relationship between Owner or Engineer and any such Subcontractor,
Supplier or other individual or entity; nor
2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of
any moneys due any such Subcontractor, Supplier, or other individual or entity except as may
otherwise be required by Laws and Regulations.
D. Contractor shall be solely responsible for scheduling and coordinating the Work of
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the
Work under a direct or indirect contract with Contractor.
E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities
performing or furnishing any of the Work to communicate with Engineer through Contractor.
F. The divisions and sections of the Specifications and the identifications of any Drawings shall not
control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the
Work to be performed by any specific trade.
G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an
appropriate agreement between Contractor and the Subcontractor or Supplier which specifically
binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract
Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a
Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in
Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will
contain provisions whereby the Subcontractor or Supplier waives all rights against Owner,
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Contractor, Engineer, and all other individuals or entities identified in the Supplementary
Conditions to be listed as insureds or loss payees (and the officers, directors, members, partners,
employees, agents, consultants, and subcontractors of each and any of them) for all losses and
damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss
covered by such policies and any other property insurance applicable to the Work. If the insurers
on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier,
Contractor will obtain the same.
6.07 Patent Fees and Royalties
A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work of any invention, design, process,
product, or device which is the subject of patent rights or copyrights held by others. If a particular
invention, design, process, product, or device is specified in the Contract Documents for use in
the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is
subject to patent rights or copyrights calling for the payment of any license fee or royalty to
others, the existence of such rights shall be disclosed by Owner in the Contract Documents.
B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold
harmless Contractor, and its officers, directors, members, partners, employees, agents,
consultants, and subcontractors from and against all claims, costs, losses, and damages (including
but not limited to all fees and charges of engineers, architects, attorneys, and other professionals,
and all court or arbitration or other dispute resolution costs) arising out of or relating to any
infringement of patent rights or copyrights incident to the use in the performance of the Work or
resulting from the incorporation in the Work of any invention, design, process, product, or device
specified in the Contract Documents, but not identified as being subject to payment of any license
fee or royalty to others required by patent rights or copyrights.
C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents,
consultants and subcontractors of each and any of them from and against all claims, costs, losses,
and damages (including but not limited to all fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or other dispute resolution costs) arising out of
or relating to any infringement of patent rights or copyrights incident to the use in the
performance of the Work or resulting from the incorporation in the Work of any invention,
design, process, product, or device not specified in the Contract Documents.
6.08 Permits
A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for
all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining
such permits and licenses. Contractor shall pay all governmental charges and inspection fees
necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or,
if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility
owners for connections for providing permanent service to the Work.
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6.09 Laws and Regulations
A. Contractor shall give all notices required by and shall comply with all Laws and Regulations
applicable to the performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for
monitoring Contractor's compliance with any Laws or Regulations.
B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or
Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs) arising out of or relating to such Work.
However, it shall not be Contractor's responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of
Contractor's obligations under Paragraph 3.03.
C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective
Date of the Agreement if there were no Bids) having an effect on the cost or time of performance
of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner
and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any
such adjustment, a Claim may be made therefor as provided in Paragraph 10.05.
6.10 Taxes
A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by
Contractor in accordance with the Laws and Regulations of the place of the Project which are
applicable during the performance of the Work.
6.11 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas:
1. Contractor shall confine construction equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas permitted by Laws and Regulations, and
shall not unreasonably encumber the Site and other areas with construction equipment or
other materials or equipment. Contractor shall assume full responsibility for any damage to
any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
2. Should any claim be made by any such owner or occupant because of the performance of the
Work, Contractor shall promptly settle with such other party by negotiation or otherwise
resolve the claim by arbitration or other dispute resolution proceeding or at law.
3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors, members, partners, employees,
agents, consultants and subcontractors of each and any of them from and against all claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to any claim or action, legal or equitable, brought
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by any such owner or occupant against Owner, Engineer, or any other party indemnified
hereunder to the extent caused by or based upon Contractor's performance of the Work.
B. Removal of Debris During Performance of the Work: During the progress of the Work
Contractor shall keep the Site and other areas free from accumulations of waste materials,
rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other
debris shall conform to applicable Laws and Regulations.
C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the
Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall
remove from the Site all tools, appliances, construction equipment and machinery, and surplus
materials and shall restore to original condition all property not designated for alteration by the
Contract Documents.
D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in
any manner that will endanger the structure, nor shall Contractor subject any part of the Work or
adjacent property to stresses or pressures that will endanger it.
6.12 Record Documents
A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings,
Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written
interpretations and clarifications in good order and annotated to show changes made during
construction. These record documents together with all approved Samples and a counterpart of
all approved Shop Drawings will be available to Engineer for reference. Upon completion of the
Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for
Owner.
6.13 Safety and Protection
A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Such responsibility does not relieve
Subcontractors of their responsibility for the safety of persons or property in the performance of
their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall
take all necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
1. all persons on the Site or who may be affected by the Work;
2. all the Work and materials and equipment to be incorporated therein, whether in storage on or
off the Site; and
3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities, and Underground Facilities not designated for
removal, relocation, or replacement in the course of construction.
B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of
persons or property, or to the protection of persons or property from damage, injury, or loss; and
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shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall
notify owners of adjacent property and of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate with them in the protection,
removal, relocation, and replacement of their property.
C. Contractor shall comply with the applicable requirements of Owner's safety programs, if any.
The Supplementary Conditions identify any Owner's safety programs that are applicable to the
Work.
D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's safety
program with which Owner's and Engineer's employees and representatives must comply while
at the Site.
E. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused,
directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other
individual or entity directly or indirectly employed by any of them to perform any of the Work, or
anyone for whose acts any of them may be liable, shall be remedied by Contractor (except
damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions
of Owner or Engineer or anyone employed by any of them, or anyone for whose acts any of them
may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or
negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or
indirectly employed by any of them).
F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue
until such time as all the Work is completed and Engineer has issued a notice to Owner and
Contractor in accordance with Paragraph 14.07.13 that the Work is acceptable (except as
otherwise expressly provided in connection with Substantial Completion).
6.14 Safety Representative
A. Contractor shall designate a qualified and experienced safety representative at the Site whose
duties and responsibilities shall be the prevention of accidents and the maintaining and
supervising of safety precautions and programs.
6.15 Hazard Communication Programs
A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or
other hazard communication information required to be made available to or exchanged between
or among employers at the Site in accordance with Laws or Regulations.
6.16 Emergencies
A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or
adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss.
Contractor shall give Engineer prompt written notice if Contractor believes that any significant
changes in the Work or variations from the Contract Documents have been caused thereby or are
required as a result thereof. If Engineer determines that a change in the Contract Documents is
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required because of the action taken by Contractor in response to such an emergency, a Work
Change Directive or Change Order will be issued.
6.17 Shop Drawings and Samples
A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in
accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each
submittal will be identified as Engineer may require.
1. Shop Drawings:
a. Submit number of copies specified in the General Requirements.
b. Data shown on the Shop Drawings will be complete with respect to quantities,
dimensions, specified performance and design criteria, materials, and similar data to show
Engineer the services, materials, and equipment Contractor proposes to provide and to
enable Engineer to review the information for the limited purposes required by Paragraph
6.17.D.
2. Samples:
a. Submit number of Samples specified in the Specifications.
b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog
numbers, the use for which intended and other data as Engineer may require to enable
Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D.
B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of
Submittals, any related Work performed prior to Engineer's review and approval of the pertinent
submittal will be at the sole expense and responsibility of Contractor.
C. Submittal Procedures:
1. Before submitting each Shop Drawing or Sample, Contractor shall have:
a. reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and
Samples and with the requirements of the Work and the Contract Documents;
b. determined and verified all field measurements, quantities, dimensions, specified
performance and design criteria, installation requirements, materials, catalog numbers,
and similar information with respect thereto;
c. determined and verified the suitability of all materials offered with respect to the
indicated application, fabrication, shipping, handling, storage, assembly, and installation
pertaining to the performance of the Work; and
d. determined and verified all information relative to Contractor's responsibilities for
means, methods, techniques, sequences, and procedures of construction, and safety
precautions and programs incident thereto.
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2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied
Contractor's obligations under the Contract Documents with respect to Contractor's review
and approval of that submittal.
3. With each submittal, Contractor shall give Engineer specific written notice of any variations
that the Shop Drawing or Sample may have from the requirements of the Contract
Documents. This notice shall be both a written communication separate from the Shop
Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop
Drawing or Sample submitted to Engineer for review and approval of each such variation.
D. Engineer's Review:
1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the
Schedule of Submittals acceptable to Engineer. Engineer's review and approval will be only
to determine if the items covered by the submittals will, after installation or incorporation in
the Work, conform to the information given in the Contract Documents and be compatible
with the design concept of the completed Project as a functioning whole as indicated by the
Contract Documents.
2. Engineer's review and approval will not extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular means, method, technique, sequence, or
procedure of construction is specifically and expressly called for by the Contract Documents)
or to safety precautions or programs incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in which the item functions.
3. Engineer's review and approval shall not relieve Contractor from responsibility for any
variation from the requirements of the Contract Documents unless Contractor has complied
with the requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each
such variation by specific written notation thereof incorporated in or accompanying the Shop
Drawing or Sample. Engineer's review and approval shall not relieve Contractor from
responsibility for complying with the requirements of Paragraph 6.17.C.1.
E. Resubmittal Procedures:
1. Contractor shall make corrections required by Engineer and shall return the required number
of corrected copies of Shop Drawings and submit, as required, new Samples for review and
approval. Contractor shall direct specific attention in writing to revisions other than the
corrections called for by Engineer on previous submittals.
6.18 Continuing the Work
A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or
disagreements with Owner. No Work shall be delayed or postponed pending resolution of any
disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor
may otherwise agree in writing.
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6.19 Contractor's General Warranty and Guarantee
A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the
Contract Documents and will not be defective. Engineer and its officers, directors, members,
partners, employees, agents, consultants, and subcontractors shall be entitled to rely on
representation of Contractor's warranty and guarantee.
B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or operation by persons other than Contractor,
Subcontractors, Suppliers, or any other individual or entity for whom Contractor is
responsible; or
2. normal wear and tear under normal usage.
C. Contractor's obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will constitute an acceptance of Work that is
not in accordance with the Contract Documents or a release of Contractor's obligation to perform
the Work in accordance with the Contract Documents:
1. observations by Engineer;
2. recommendation by Engineer or payment by Owner of any progress or final payment;
3. the issuance of a certificate of Substantial Completion by Engineer or any payment related
thereto by Owner;
4. use or occupancy of the Work or any part thereof by Owner;
5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice
of acceptability by Engineer;
6. any inspection, test, or approval by others; or
7. any correction of defective Work by Owner.
6.20 Indemnification
A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents,
consultants and subcontractors of each and any of them from and against all claims, costs, losses,
and damages (including but not limited to all fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or other dispute resolution costs) arising out of
or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is
attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible
property (other than the Work itself), including the loss of use resulting therefrom but only to the
extent caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or
any individual or entity directly or indirectly employed by any of them to perform any of the
Work or anyone for whose acts any of them may be liable .
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B. In any and all claims against Owner or Engineer or any of their officers, directors, members,
partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or
personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any
individual or entity directly or indirectly employed by any of them to perform any of the Work, or
anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph
6.20.A shall not be limited in any way by any limitation on the amount or type of damages,
compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or
other individual or entity under workers' compensation acts, disability benefit acts, or other
employee benefit acts.
C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the
liability of Engineer and Engineer's officers, directors, members, partners, employees, agents,
consultants and subcontractors arising out of:
1. the preparation or approval of, or the failure to prepare or approve maps, Drawings, opinions,
reports, surveys, Change Orders, designs, or Specifications; or
2. giving directions or instructions, or failing to give them, if that is the primary cause of the
injury or damage.
6.21 Delegation of Professional Design Services
A. Contractor will not be required to provide professional design services unless such services are
specifically required by the Contract Documents for a portion of the Work or unless such services
are required to carry out Contractor's responsibilities for construction means, methods,
techniques, sequences and procedures. Contractor shall not be required to provide professional
services in violation of applicable law.
B. If professional design services or certifications by a design professional related to systems,
materials or equipment are specifically required of Contractor by the Contract Documents, Owner
and Engineer will specify all performance and design criteria that such services must satisfy.
Contractor shall cause such services or certifications to be provided by a properly licensed
professional, whose signature and seal shall appear on all drawings, calculations, specifications,
certifications, Shop Drawings and other submittals prepared by such professional. Shop
Drawings and other submittals related to the Work designed or certified by such professional, if
prepared by others, shall bear such professional's written approval when submitted to Engineer.
C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of
the services, certifications or approvals performed by such design professionals, provided Owner
and Engineer have specified to Contractor all performance and design criteria that such services
must satisfy.
D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and
design drawings will be only for the limited purpose of checking for conformance with
performance and design criteria given and the design concept expressed in the Contract
Documents. Engineer's review and approval of Shop Drawings and other submittals (except
design calculations and design drawings) will be only for the purpose stated in Paragraph
6.17.D.1.
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E. Contractor shall not be responsible for the adequacy of the performance or design criteria
required by the Contract Documents.
ARTICLE 7 — OTHER WORK AT THE SITE
7.01 Related Work at Site
A. Owner may perform other work related to the Project at the Site with Owner's employees, or
through other direct contracts therefor, or have other work performed by utility owners. If such
other work is not noted in the Contract Documents, then:
1. written notice thereof will be given to Contractor prior to starting any such other work; and
2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if
any, of any adjustment in the Contract Price or Contract Times that should be allowed as a
result of such other work, a Claim may be made therefor as provided in Paragraph 10.05.
B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility
owner, and Owner, if Owner is performing other work with Owner's employees, proper and safe
access to the Site, provide a reasonable opportunity for the introduction and storage of materials
and equipment and the execution of such other work, and properly coordinate the Work with
theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to
properly connect or otherwise make its several parts come together and properly integrate with
such other work. Contractor shall not endanger any work of others by cutting, excavating, or
otherwise altering such work; provided, however, that Contractor may cut or alter others' work
with the written consent of Engineer and the others whose work will be affected. The duties and
responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and
other contractors to the extent that there are comparable provisions for the benefit of Contractor
in said direct contracts between Owner and such utility owners and other contractors.
C. If the proper execution or results of any part of Contractor's Work depends upon work performed
by others under this Article 7, Contractor shall inspect such other work and promptly report to
Engineer in writing any delays, defects, or deficiencies in such other work that render it
unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's
failure to so report will constitute an acceptance of such other work as fit and proper for
integration with Contractor's Work except for latent defects and deficiencies in such other work.
7.02 Coordination
A. If Owner intends to contract with others for the performance of other work on the Project at the
Site, the following will be set forth in Supplementary Conditions:
the individual or entity who will have authority and responsibility for coordination of the
activities among the various contractors will be identified;
2. the specific matters to be covered by such authority and responsibility will be itemized; and
3. the extent of such authority and responsibilities will be provided.
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B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and
responsibility for such coordination.
7.03 Legal Relationships
A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner.
B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other
contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs
incurred by Contractor as a result of the other contractor's wrongful actions or inactions.
C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for
the reasonable direct delay and disruption costs incurred by such other contractor as a result of
Contractor's wrongful action or inactions.
ARTICLE 8 — OWNER'S RESPONSIBILITIES
8.01 Communications to Contractor
A. Except as otherwise provided in these General Conditions, Owner shall issue all communications
to Contractor through Engineer.
8.02 Replacement of Engineer
A. In case of termination of the employment of Engineer, Owner shall appoint an engineer to whom
Contractor makes no reasonable objection, whose status under the Contract Documents shall be
that of the former Engineer.
8.03 Furnish Data
A. Owner shall promptly furnish the data required of Owner under the Contract Documents.
8.04 Pay When Due
A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.0
and 14.07.C.
8.05 Lands and Easements; Reports and Tests
A. Owner's duties with respect to providing lands and easements and providing engineering surveys
to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to
Owner's identifying and making available to Contractor copies of reports of explorations and
tests of subsurface conditions and drawings of physical conditions relating to existing surface or
subsurface structures at the Site.
8.06 Insurance
A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and property
insurance are set forth in Article 5.
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8.07 Change Orders
A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03.
8.08 Inspections, Tests, and Approvals
A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth in
Paragraph 13.03.B.
8.09 Limitations on Owner's Responsibilities
A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. Owner will not be responsible for
Contractor's failure to perform the Work in accordance with the Contract Documents.
8.10 Undisclosed Hazardous Environmental Condition
A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is set
forth in Paragraph 4.06.
8.11 Evidence of Financial Arrangements
A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial
arrangements have been made to satisfy Owner's obligations under the Contract Documents.
8.12 Compliance with Safety Program
A. While at the Site, Owner's employees and representatives shall comply with the specific
applicable requirements of Contractor's safety programs of which Owner has been informed
pursuant to Paragraph 6.13.D.
ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION
9.01 Owner's Representative
A. Engineer will be Owner's representative during the construction period. The duties and
responsibilities and the limitations of authority of Engineer as Owner's representative during
construction are set forth in the Contract Documents.
9.02 Visits to Site
A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction
as Engineer deems necessary in order to observe as an experienced and qualified design
professional the progress that has been made and the quality of the various aspects of
Contractor's executed Work. Based on information obtained during such visits and observations,
Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in
accordance with the Contract Documents. Engineer will not be required to make exhaustive or
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continuous inspections on the Site to check the quality or quantity of the Work. Engineer's efforts
will be directed toward providing for Owner a greater degree of confidence that the completed
Work will conform generally to the Contract Documents. On the basis of such visits and
observations, Engineer will keep Owner informed of the progress of the Work and will endeavor
to guard Owner against defective Work.
B. Engineer's visits and observations are subject to all the limitations on Engineer's authority and
responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result
of Engineer's visits or observations of Contractor's Work, Engineer will not supervise, direct,
control, or have authority over or be responsible for Contractor's means, methods, techniques,
sequences, or procedures of construction, or the safety precautions and programs incident thereto,
or for any failure of Contractor to comply with Laws and Regulations applicable to the
performance of the Work.
9.03 Project Representative
A. If Owner and Engineer agree, Engineer will furnish a Resident Project Representative to assist
Engineer in providing more extensive observation of the Work. The authority and responsibilities
of any such Resident Project Representative and assistants will be as provided in the
Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in
Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the
Site who is not Engineer's consultant, agent or employee, the responsibilities and authority and
limitations thereon of such other individual or entity will be as provided in the Supplementary
Conditions.
9.04 Authorized Variations in Work
A. Engineer may authorize minor variations in the Work from the requirements of the Contract
Documents which do not involve an adjustment in the Contract Price or the Contract Times and
are compatible with the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be accomplished by a Field Order and will be
binding on Owner and also on Contractor, who shall perform the Work involved promptly. If
Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or
Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or
extent, if any, of any such adjustment, a Claim may be made therefor as provided in
Paragraph 10.05.
9.05 Rejecting Defective Work
A. Engineer will have authority to reject Work which Engineer believes to be defective, or that
Engineer believes will not produce a completed Project that conforms to the Contract Documents
or that will prejudice the integrity of the design concept of the completed Project as a functioning
whole as indicated by the Contract Documents. Engineer will also have authority to require
special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the
Work is fabricated, installed, or completed.
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9.06 Shop Drawings, Change Orders and Payments
A. In connection with Engineer's authority, and limitations thereof, as to Shop Drawings and
Samples, see Paragraph 6.17.
B. In connection with Engineer's authority, and limitations thereof, as to design calculations and
design drawings submitted in response to a delegation of professional design services, if any, see
Paragraph 6.21.
C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12.
D. In connection with Engineer's authority as to Applications for Payment, see Article 14.
9.07 Determinations for Unit Price Work
A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by
Contractor. Engineer will review with Contractor the Engineer's preliminary determinations on
such matters before rendering a written decision thereon (by recommendation of an Application
for Payment or otherwise). Engineer's written decision thereon will be final and binding (except
as modified by Engineer to reflect changed factual conditions or more accurate data) upon Owner
and Contractor, subject to the provisions of Paragraph 10.05.
9.08 Decisions on Requirements of Contract Documents and Acceptability of Work
A. Engineer will be the initial interpreter of the requirements of the Contract Documents and judge
of the acceptability of the Work thereunder. All matters in question and other matters between
Owner and Contractor arising prior to the date final payment is due relating to the acceptability of
the Work, and the interpretation of the requirements of the Contract Documents pertaining to the
performance of the Work, will be referred initially to Engineer in writing within 30 days of the
event giving rise to the question.
B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If
Owner or Contractor believes that any such decision entitles them to an adjustment in the
Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date
of Engineer's decision shall be the date of the event giving rise to the issues referenced for the
purposes of Paragraph 10.05.13.
C. Engineer's written decision on the issue referred will be final and binding on Owner and
Contractor, subject to the provisions of Paragraph 10.05.
D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show
partiality to Owner or Contractor and will not be liable in connection with any interpretation or
decision rendered in good faith in such capacity.
9.09 Limitations on Engineer's Authority and Responsibilities
A. Neither Engineer's authority or responsibility under this Article 9 or under any other provision of
the Contract Documents nor any decision made by Engineer in good faith either to exercise or not
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exercise such authority or responsibility or the undertaking, exercise, or performance of any
authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract,
tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other
individual or entity, or to any surety for or employee or agent of any of them.
B. Engineer will not supervise, direct, control, or have authority over or be responsible for
Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. Engineer will not be responsible for
Contractor's failure to perform the Work in accordance with the Contract Documents.
C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor,
any Supplier, or of any other individual or entity performing any of the Work.
D. Engineer's review of the final Application for Payment and accompanying documentation and all
maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection,
tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will
only be to determine generally that their content complies with the requirements of, and in the
case of certificates of inspections, tests, and approvals that the results certified indicate
compliance with, the Contract Documents.
E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply
to the Resident Project Representative, if any, and assistants, if any.
9.10 Compliance with Safety Program
A. While at the Site, Engineer's employees and representatives shall comply with the specific
applicable requirements of Contractor's safety programs of which Engineer has been informed
pursuant to Paragraph 6.13.D.
ARTICLE 10 — CHANGES IN THE WORK; CLAIMS
10.01 Authorized Changes in the Work
A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or
from time to time, order additions, deletions, or revisions in the Work by a Change Order, or a
Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed
with the Work involved which will be performed under the applicable conditions of the Contract
Documents (except as otherwise specifically provided).
B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any,
of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a
result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph
10.05.
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10.02 Unauthorized Changes in the Work
A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the
Contract Times with respect to any work performed that is not required by the Contract
Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the
case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as
provided in Paragraph 13.04.D.
10.03 Execution of Change Orders
A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer
covering:
1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.0l.A, (ii)
required because of acceptance of defective Work under Paragraph 13.08.A or Owner's
correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties;
2. changes in the Contract Price or Contract Times which are agreed to by the parties, including
any undisputed sum or amount of time for Work actually performed in accordance with a
Work Change Directive; and
3. changes in the Contract Price or Contract Times which embody the substance of any written
decision rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of
executing any such Change Order, an appeal may be taken from any such decision in
accordance with the provisions of the Contract Documents and applicable Laws and
Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the
Progress Schedule as provided in Paragraph 6.18.A.
10.04 Notification to Surety
A. If the provisions of any bond require notice to be given to a surety of any change affecting the
general scope of the Work or the provisions of the Contract Documents (including, but not
limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor's
responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any
such change.
10.05 Claims
A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09,
shall be referred to the Engineer for decision. A decision by Engineer shall be required as a
condition precedent to any exercise by Owner or Contractor of any rights or remedies either may
otherwise have under the Contract Documents or by Laws and Regulations in respect of such
Claims.
B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant
to Engineer and the other party to the Contract promptly (but in no event later than 30 days) after
the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with
the party making the Claim. Notice of the amount or extent of the Claim, with supporting data
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shall be delivered to the Engineer and the other party to the Contract within 60 days after the start
of such event (unless Engineer allows additional time for claimant to submit additional or more
accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be
prepared in accordance with the provisions of Paragraph 12.01.13. A Claim for an adjustment in
Contract Times shall be prepared in accordance with the provisions of Paragraph 12.02.13. Each
Claim shall be accompanied by claimant's written statement that the adjustment claimed is the
entire adjustment to which the claimant believes it is entitled as a result of said event. The
opposing party shall submit any response to Engineer and the claimant within 30 days after
receipt of the claimant's last submittal (unless Engineer allows additional time).
C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last
submittal of the claimant or the last submittal of the opposing party, if any, take one of the
following actions in writing:
1. deny the Claim in whole or in part;
2. approve the Claim; or
3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole
discretion, it would be inappropriate for the Engineer to do so. For purposes of further
resolution of the Claim, such notice shall be deemed a denial.
D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be
deemed denied.
E. Engineer's written action under Paragraph 10.05.0 or denial pursuant to Paragraphs 10.05.C.3 or
10.05.1) will be final and binding upon Owner and Contractor, unless Owner or Contractor
invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or
denial.
F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in
accordance with this Paragraph 10.05.
ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK
11.01 Cost of the Work
A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in
Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the
Work. When the value of any Work covered by a Change Order or when a Claim for an
adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be
reimbursed to Contractor will be only those additional or incremental costs required because of
the change in the Work or because of the event giving rise to the Claim. Except as otherwise may
be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing
in the locality of the Project, shall not include any of the costs itemized in Paragraph 11.01.B, and
shall include only the following items:
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1. Payroll costs for employees in the direct employ of Contractor in the performance of the
Work under schedules of job classifications agreed upon by Owner and Contractor. Such
employees shall include, without limitation, superintendents, foremen, and other personnel
employed full time on the Work. Payroll costs for employees not employed full time on the
Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall
include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall
include social security contributions, unemployment, excise, and payroll taxes, workers'
compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay
applicable thereto. The expenses of performing Work outside of regular working hours, on
Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by
Owner.
2. Cost of all materials and equipment furnished and incorporated in the Work, including costs
of transportation and storage thereof, and Suppliers' field services required in connection
therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with
Contractor with which to make payments, in which case the cash discounts shall accrue to
Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and
equipment shall accrue to Owner, and Contractor shall make provisions so that they may be
obtained.
3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If
required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable
to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with
the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that
the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the
Subcontractor's Cost of the Work and fee shall be determined in the same manner as
Contractor's Cost of the Work and fee as provided in this Paragraph 11.01.
4. Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, surveyors, attorneys, and accountants) employed for services specifically related
to the Work.
5. Supplemental costs including the following:
a. The proportion of necessary transportation, travel, and subsistence expenses of
Contractor's employees incurred in discharge of duties connected with the Work.
b. Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary facilities at the Site, and hand tools not
owned by the workers, which are consumed in the performance of the Work, and cost,
less market value, of such items used but not consumed which remain the property of
Contractor.
c. Rentals of all construction equipment and machinery, and the parts thereof whether rented
from Contractor or others in accordance with rental agreements approved by Owner with
the advice of Engineer, and the costs of transportation, loading, unloading, assembly,
dismantling, and removal thereof. All such costs shall be in accordance with the terms of
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said rental agreements. The rental of any such equipment, machinery, or parts shall cease
when the use thereof is no longer necessary for the Work.
d. Sales, consumer, use, and other similar taxes related to the Work, and for which
Contractor is liable, as imposed by Laws and Regulations.
e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or
anyone directly or indirectly employed by any of them or for whose acts any of them may
be liable, and royalty payments and fees for permits and licenses.
f. Losses and damages (and related expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained by Contractor in connection with the
performance of the Work (except losses and damages within the deductible amounts of
property insurance established in accordance with Paragraph 5.06.1)), provided such
losses and damages have resulted from causes other than the negligence of Contractor,
any Subcontractor, or anyone directly or indirectly employed by any of them or for whose
acts any of them may be liable. Such losses shall include settlements made with the
written consent and approval of Owner. No such losses, damages, and expenses shall be
included in the Cost of the Work for the purpose of determining Contractor's fee.
g. The cost of utilities, fuel, and sanitary facilities at the Site.
h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the
Site, express and courier services, and similar petty cash items in connection with the
Work.
i. The costs of premiums for all bonds and insurance Contractor is required by the Contract
Documents to purchase and maintain.
B. Costs Excluded: The term Cost of the Work shall not include any of the following items:
1. Payroll costs and other compensation of Contractor's officers, executives, principals (of
partnerships and sole proprietorships), general managers, safety managers, engineers,
architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the
Site or in Contractor's principal or branch office for general administration of the Work and
not specifically included in the agreed upon schedule of job classifications referred to in
Paragraph 11.0I.A.1 or specifically covered by Paragraph 11.0I.A.4, all of which are to be
considered administrative costs covered by the Contractor's fee.
2. Expenses of Contractor's principal and branch offices other than Contractor's office at the
Site.
I Any part of Contractor's capital expenses, including interest on Contractor's capital
employed for the Work and charges against Contractor for delinquent payments.
4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them may be liable, including but not
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limited to, the correction of defective Work, disposal of materials or equipment wrongly
supplied, and making good any damage to property.
5. Other overhead or general expense costs of any kind and the costs of any item not specifically
and expressly included in Paragraphs 11.01.A.
C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee
shall be determined as set forth in the Agreement. When the value of any Work covered by a
Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of
Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C.
D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to
Paragraphs 11.01.A and 11.01.13, Contractor will establish and maintain records thereof in
accordance with generally accepted accounting practices and submit in a form acceptable to
Engineer an itemized cost breakdown together with supporting data.
11.02 Allowances
A. It is understood that Contractor has included in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered to be performed for such sums and by
such persons or entities as may be acceptable to Owner and Engineer.
B. Cash Allowances:
1. Contractor agrees that:
a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of
materials and equipment required by the allowances to be delivered at the Site, and all
applicable taxes; and
b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead,
profit, and other expenses contemplated for the cash allowances have been included in the
Contract Price and not in the allowances, and no demand for additional payment on
account of any of the foregoing will be valid.
C. Contingency Allowance:
1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover
unanticipated costs.
D. Prior to final payment, an appropriate Change Order will be issued as recommended by Engineer
to reflect actual amounts due Contractor on account of Work covered by allowances, and the
Contract Price shall be correspondingly adjusted.
11.03 Unit Price Work
A. Where the Contract Doewnenls provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to
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the sum of the unit price for each separately identified item of Unit Price Work times the
estimated quantity of each item as indicated in the Agreement.
B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial Contract Price. Determinations of the
actual quantities and classifications of Unit Price Work performed by Contractor will be made by
Engineer subject to the provisions of Paragraph 9.07.
C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to
cover Contractor's overhead and profit for each separately identified item.
D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance
with Paragraph 10.05 if:
1. the quantity of any item of Unit Price Work performed by Contractor differs materially and
significantly from the estimated quantity of such item indicated in the Agreement; and
2. there is no corresponding adjustment with respect to any other item of Work; and
3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of
having incurred additional expense or Owner believes that Owner is entitled to a decrease in
Contract Price and the parties are unable to agree as to the amount of any such increase or
decrease.
ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES
12.01 Change of Contract Price
A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the
Contract Price shall be based on written notice submitted by the party making the Claim to the
Engineer and the other party to the Contract in accordance with the provisions of Paragraph
10.05.
B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the
Contract Price will be determined as follows:
1. where the Work involved is covered by unit prices contained in the Contract Documents, by
application of such unit prices to the quantities of the items involved (subject to the
provisions of Paragraph 11.03); or
2. where the Work involved is not covered by unit prices contained in the Contract Documents,
by a mutually agreed lump sum (which may include an allowance for overhead and profit not
necessarily in accordance with Paragraph 12.01.C.2); or
3. where the Work involved is not covered by unit prices contained in the Contract Documents
and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the
Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for
overhead and profit (determined as provided in Paragraph 12.01.C).
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C. Contractor's Fee: The Contractor's fee for overhead and profit shall be determined as follows:
1. a mutually acceptable fixed fee; or
2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various
portions of the Cost of the Work:
a. for costs incurred under Paragraphs 11.0I.A.1 and 11.0I.A.2, the Contractor's fee shall
be 15 percent;
b. for costs incurred under Paragraph 11.0l .A.3, the Contractor's fee shall be five percent;
c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee
and no fixed fee is agreed upon, the intent of Paragraphs 12.0l.C.2.a and 12.0l.C.2.b is
that the Subcontractor who actually performs the Work, at whatever tier, will be paid a
fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0I.A.1
and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a
fee of five percent of the amount paid to the next lower tier Subcontractor;
d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.4,
11.0l.A.5, and 11.01.13;
e. the amount of credit to be allowed by Contractor to Owner for any change which results
in a net decrease in cost will be the amount of the actual net decrease in cost plus a
deduction in Contractor's fee by an amount equal to five percent of such net decrease;
and
f. when both additions and credits are involved in any one change, the adjustment in
Contractor's fee shall be computed on the basis of the net change in accordance with
Paragraphs 12.0I.C.2.a through 12.0I.C.2.e, inclusive.
12.02 Change of Contract Times
A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in
the Contract Times shall be based on written notice submitted by the parry making the Claim to
the Engineer and the other party to the Contract in accordance with the provisions of Paragraph
10.05.
B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an
adjustment in the Contract Times will be determined in accordance with the provisions of this
Article 12.
12.03 Delays
A. Where Contractor is prevented from completing any part of the Work within the Contract Times
due to delay beyond the control of Contractor, the Contract Times will be extended in an amount
equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph
12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or
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neglect by Owner, acts or neglect of utility owners or other contractors performing other work as
contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God.
B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as
contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or
interferes with the performance or progress of the Work, then Contractor shall be entitled to an
equitable adjustment in the Contract Price or the Contract Times, or both. Contractor's
entitlement to an adjustment of the Contract Times is conditioned on such adjustment being
essential to Contractor's ability to complete the Work within the Contract Times.
C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic,
abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the
control of Owner, or other causes not the fault of and beyond control of Owner and Contractor,
then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment
is essential to Contractor's ability to complete the Work within the Contract Times. Such an
adjustment shall be Contractor's sole and exclusive remedy for the delays described in this
Paragraph 12.03.C.
D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants,
or subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages
(including but not limited to all fees and charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor
on or in connection with any other project or anticipated project.
E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays
within the control of Contractor. Delays attributable to and within the control of a Subcontractor
or Supplier shall be deemed to be delays within the control of Contractor.
ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be
given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this
Article 13.
13.02 Access to Work
A. Owner, Engineer, their consultants and other representatives and personnel of Owner,
independent testing laboratories, and governmental agencies with jurisdictional interests will
have access to the Site and the Work at reasonable times for their observation, inspection, and
testing. Contractor shall provide them proper and safe conditions for such access and advise them
of Contractor's safety procedures and programs so that they may comply therewith as applicable.
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13.03 Tests and Inspections
A. Contractor shall give Engineer timely notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required
inspections or tests.
B. Owner shall employ and pay for the services of an independent testing laboratory to perform all
inspections, tests, or approvals required by the Contract Documents except:
I. for inspections, tests, or approvals covered by Paragraphs 13.03.0 and 13.03.1) below;
2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph
13.04.13 shall be paid as provided in Paragraph 13.04.C; and
3. as otherwise specifically provided in the Contract Documents.
C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof)
specifically to be inspected, tested, or approved by an employee or other representative of such
public body, Contractor shall assume full responsibility for arranging and obtaining such
inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the
required certificates of inspection or approval.
D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection
with any inspections, tests, or approvals required for Owner's and Engineer's acceptance of
materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs,
or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in
the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to
Owner and Engineer.
E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by
Contractor without written concurrence of Engineer, Contractor shall, if requested by Engineer,
uncover such Work for observation.
F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense unless
Contractor has given Engineer timely notice of Contractor's intention to cover the same and
Engineer has not acted with reasonable promptness in response to such notice.
13.04 Uncovering Work
A. If any Work is covered contrary to the written request of Engineer, it must, if requested by
Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense.
B. If Engineer considers it necessary or advisable that covered Work be observed by Engineer or
inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose, or
otherwise make available for observation, inspection, or testing as Engineer may require, that
portion of the Work in question, furnishing all necessary labor, material, and equipment.
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C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses,
and damages (including but not limited to all fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or other dispute resolution costs) arising out of
or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory
replacement or reconstruction (including but not limited to all costs of repair or replacement of
work of others); and Owner shall be entitled to an appropriate decrease in the Contract Price. If
the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as
provided in Paragraph 10.05.
D. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the
Contract Price or an extension of the Contract Times, or both, directly attributable to such
uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the
parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim
therefor as provided in Paragraph 10.05.
13.05 Owner May Stop the Work
A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable
materials or equipment, or fails to perform the Work in such a way that the completed Work will
conform to the Contract Documents, Owner may order Contractor to stop the Work, or any
portion thereof, until the cause for such order has been eliminated; however, this right of Owner
to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the
benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any
surety for, or employee or agent of any of them.
13.06 Correction or Removal of Defective Work
A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or
not fabricated, installed, or completed, or, if the Work has been rejected by Engineer, remove it
from the Project and replace it with Work that is not defective. Contractor shall pay all claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such correction or removal (including but not limited
to all costs of repair or replacement of work of others).
B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07,
Contractor shall take no action that would void or otherwise impair Owner's special warranty and
guarantee, if any, on said Work.
13.07 Correction Period
A. If within one year after the date of Substantial Completion (or such longer period of time as may
be prescribed by the terms of any applicable special guarantee required by the Contract
Documents) or by any specific provision of the Contract Documents, any Work is found to be
defective, or if the repair of any damages to the land or areas made available for Contractor's use
by Owner or permitted by Laws and Regulations as contemplated in Paragraph 6.1 LA is found to
be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's
written instructions:
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I . repair such defective land or areas; or
2. correct such defective Work; or
3. if the defective Work has been rejected by Owner, remove it from the Project and replace it
with Work that is not defective, and
4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work
of others or other land or areas resulting therefrom.
B. If Contractor does not promptly comply with the terms of Owner's written instructions, or in an
emergency where delay would cause serious risk of loss or damage, Owner may have the
defective Work corrected or repaired or may have the rejected Work removed and replaced. All
claims, costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such correction or repair or such removal and
replacement (including but not limited to all costs of repair or replacement of work of others) will
be paid by Contractor.
C. In special circumstances where a particular item of equipment is placed in continuous service
before Substantial Completion of all the Work, the correction period for that item may start to run
from an earlier date if so provided in the Specifications.
D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or
removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to
such Work will be extended for an additional period of one year after such correction or removal
and replacement has been satisfactorily completed.
E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or
warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a
waiver of, the provisions of any applicable statute of limitation or repose.
13.08 Acceptance of Defective Work
A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and,
prior to Engineer's recommendation of final payment, Engineer) prefers to accept it, Owner may
do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all
fees and charges of engineers, architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) attributable to Owner's evaluation of and
determination to accept such defective Work (such costs to be approved by Engineer as to
reasonableness) and for the diminished value of the Work to the extent not otherwise paid by
Contractor pursuant to this sentence. If any such acceptance occurs prior to Engineer's
recommendation of final payment, a Change Order will be issued incorporating the necessary
revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an
appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted.
If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as
provided in Paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate
amount will be paid by Contractor to Owner.
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13.09 Owner May Correct Defective Work
A. If Contractor fails within a reasonable time after written notice from Engineer to correct defective
Work, or to remove and replace rejected Work as required by Engineer in accordance with
Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract
Documents, or if Contractor fails to comply with any other provision of the Contract Documents,
Owner may, after seven days written notice to Contractor, correct, or remedy any such deficiency.
B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed
expeditiously. In connection with such corrective or remedial action, Owner may exclude
Contractor from all or part of the Site, take possession of all or part of the Work and suspend
Contractor's services related thereto, take possession of Contractor's tools, appliances,
construction equipment and machinery at the Site, and incorporate in the Work all materials and
equipment stored at the Site or for which Owner has paid Contractor but which are stored
elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees,
Owner's other contractors, and Engineer and Engineer's consultants access to the Site to enable
Owner to exercise the rights and remedies under this Paragraph.
C. All claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or arbitration or other
dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies
under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued
incorporating the necessary revisions in the Contract Documents with respect to the Work; and
Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable
to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in
Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all
costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or
replacement of Contractor's defective Work.
D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the
performance of the Work attributable to the exercise by Owner of Owner's rights and remedies
under this Paragraph 13.09.
ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION
14.01 Schedule of Values
A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for
progress payments and will be incorporated into a form of Application for Payment acceptable to
Engineer. Progress payments on account of Unit Price Work will be based on the number of units
completed.
14.02 Progress Payments
A. Applications for Payments:
1. At least 20 days before the date established in the Agreement for each progress payment (but
not more often than once a month), Contractor shall submit to Engineer for review an
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Application for Payment filled out and signed by Contractor covering the Work completed as
of the date of the Application and accompanied by such supporting documentation as is
required by the Contract Documents. If payment is requested on the basis of materials and
equipment not incorporated in the Work but delivered and suitably stored at the Site or at
another location agreed to in writing, the Application for Payment shall also be accompanied
by a bill of sale, invoice, or other documentation warranting that Owner has received the
materials and equipment free and clear of all Liens and evidence that the materials and
equipment are covered by appropriate property insurance or other arrangements to protect
Owner's interest therein, all of which must be satisfactory to Owner.
2. Beginning with the second Application for Payment, each Application shall include an
affidavit of Contractor stating that all previous progress payments received on account of the
Work have been applied on account to discharge Contractor's legitimate obligations
associated with prior Applications for Payment.
3. The amount of retainage with respect to progress payments will be as stipulated in the
Agreement.
B. Review of Applications:
1. Engineer will, within 10 days after receipt of each Application for Payment, either indicate in
writing a recommendation of payment and present the Application to Owner or return the
Application to Contractor indicating in writing Engineer's reasons for refusing to recommend
payment. In the latter case, Contractor may make the necessary corrections and resubmit the
Application.
2. Engineer's recommendation of any payment requested in an Application for Payment will
constitute a representation by Engineer to Owner, based on Engineer's observations of the
executed Work as an experienced and qualified design professional, and on Engineer's
review of the Application for Payment and the accompanying data and schedules, that to the
best of Engineer's knowledge, information and belief:
a. the Work has progressed to the point indicated;
b. the quality of the Work is generally in accordance with the Contract Documents (subject
to an evaluation of the Work as a functioning whole prior to or upon Substantial
Completion, the results of any subsequent tests called for in the Contract Documents, a
final determination of quantities and classifications for Unit Price Work under Paragraph
9.07, and any other qualifications stated in the recommendation); and
c. the conditions precedent to Contractor's being entitled to such payment appear to have
been fulfilled in so far as it is Engineer's responsibility to observe the Work.
3. By recommending any such payment Engineer will not thereby be deemed to have
represented that:
a. inspections made to check the quality or the quantity of the Work as it has been
performed have been exhaustive, extended to every aspect of the Work in progress, or
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involved detailed inspections of the Work beyond the responsibilities specifically
assigned to Engineer in the Contract Documents; or
b. there may not be other matters or issues between the parties that might entitle Contractor
to be paid additionally by Owner or entitle Owner to withhold payment to Contractor.
4. Neither Engineer's review of Contractor's Work for the purposes of recommending payments
nor Engineer's recommendation of any payment, including final payment, will impose
responsibility on Engineer:
a. to supervise, direct, or control the Work, or
b. for the means, methods, techniques, sequences, or procedures of construction, or the
safety precautions and programs incident thereto, or
c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's
performance of the Work, or
d. to make any examination to ascertain how or for what purposes Contractor has used the
moneys paid on account of the Contract Price, or
e. to determine that title to any of the Work, materials, or equipment has passed to Owner
free and clear of any Liens.
5. Engineer may refuse to recommend the whole or any part of any payment if, in Engineer's
opinion, it would be incorrect to make the representations to Owner stated in
Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because
of subsequently discovered evidence or the results of subsequent inspections or tests, revise
or revoke any such payment recommendation previously made, to such extent as may be
necessary in Engineer's opinion to protect Owner from loss because:
a. the Work is defective, or completed Work has been damaged, requiring correction or
replacement;
b. the Contract Price has been reduced by Change Orders;
c. Owner has been required to correct defective Work or complete Work in accordance with
Paragraph 13.09; or
d. Engineer has actual knowledge of the occurrence of any of the events enumerated in
Paragraph 15.02.A.
C. Payment Becomes Due.-
1.
ue:1. Ten days after presentation of the Application for Payment to Owner with Engineer's
recommendation, the amount recommended will (subject to the provisions of Paragraph
14.02.D) become due, and when due will be paid by Owner to Contractor.
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D. Reduction in Payment.-
1.
ayment:
1. Owner may refuse to make payment of the full amount recommended by Engineer because:
a. claims have been made against Owner on account of Contractor's performance or
furnishing of the Work;
b. Liens have been filed in connection with the Work, except where Contractor has
delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of
such Liens;
c. there are other items entitling Owner to a set-off against the amount recommended; or
d. Owner has actual knowledge of the occurrence of any of the events enumerated in
Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A.
2. If Owner refuses to make payment of the full amount recommended by Engineer, Owner will
give Contractor immediate written notice (with a copy to Engineer) stating the reasons for
such action and promptly pay Contractor any amount remaining after deduction of the
amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any
adjustment thereto agreed to by Owner and Contractor, when Contractor remedies the reasons
for such action.
3. Upon a subsequent determination that Owner's refusal of payment was not justified, the
amount wrongfully withheld shall be treated as an amount due as determined by Paragraph
14.02.C.1 and subject to interest as provided in the Agreement.
14.03 Contractor's Warranty of Title
A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by
any Application for Payment, whether incorporated in the Project or not, will pass to Owner no
later than the time of payment free and clear of all Liens.
14.04 Substantial Completion
A. When Contractor considers the entire Work ready for its intended use Contractor shall notify
Owner and Engineer in writing that the entire Work is substantially complete (except for items
specifically listed by Contractor as incomplete) and request that Engineer issue a certificate of
Substantial Completion.
B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an
inspection of the Work to determine the status of completion. If Engineer does not consider the
Work substantially complete, Engineer will notify Contractor in writing giving the reasons
therefor.
C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative
certificate of Substantial Completion which shall fix the date of Substantial Completion. There
shall be attached to the certificate a tentative list of items to be completed or corrected before
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final payment. Owner shall have seven days after receipt of the tentative certificate during which
to make written objection to Engineer as to any provisions of the certificate or attached list. If,
after considering such objections, Engineer concludes that the Work is not substantially
complete, Engineer will, within 14 days after submission of the tentative certificate to Owner,
notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's
objections, Engineer considers the Work substantially complete, Engineer will, within said 14
days, execute and deliver to Owner and Contractor a definitive certificate of Substantial
Completion (with a revised tentative list of items to be completed or corrected) reflecting such
changes from the tentative certificate as Engineer believes justified after consideration of any
objections from Owner.
D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will
deliver to Owner and Contractor a written recommendation as to division of responsibilities
pending final payment between Owner and Contractor with respect to security, operation, safety,
and protection of the Work, maintenance, heat, utilities, insurance, and warranties and
guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Engineer in
writing prior to Engineer's issuing the definitive certificate of Substantial Completion, Engineer's
aforesaid recommendation will be binding on Owner and Contractor until final payment.
E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial
Completion subject to allowing Contractor reasonable access to remove its property and
complete or correct items on the tentative list.
14.05 Partial Utilization
A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially
completed part of the Work which has specifically been identified in the Contract Documents, or
which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part
of the Work that can be used by Owner for its intended purpose without significant interference
with Contractor's performance of the remainder of the Work, subject to the following conditions:
1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any
such part of the Work which Owner believes to be ready for its intended use and substantially
complete. If and when Contractor agrees that such part of the Work is substantially complete,
Contractor, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D
for that part of the Work.
2. Contractor at any time may notify Owner and Engineer in writing that Contractor considers
any such part of the Work ready for its intended use and substantially complete and request
Engineer to issue a certificate of Substantial Completion for that part of the Work.
3. Within a reasonable time after either such request, Owner, Contractor, and Engineer shall
make an inspection of that part of the Work to determine its status of completion. If Engineer
does not consider that part of the Work to be substantially complete, Engineer will notify
Owner and Contractor in writing giving the reasons therefor. If Engineer considers that part
of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with
respect to certification of Substantial Completion of that part of the Work and the division of
responsibility in respect thereof and access thereto.
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4. No use or occupancy or separate operation of part of the Work may occur prior to compliance
with the requirements of Paragraph 5.10 regarding property insurance.
14.06 Final Inspection
A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is
complete, Engineer will promptly make a final inspection with Owner and Contractor and will
notify Contractor in writing of all particulars in which this inspection reveals that the Work is
incomplete or defective. Contractor shall immediately take such measures as are necessary to
complete such Work or remedy such deficiencies.
14.07 Final Payment
A. Application for Payment:
1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections
identified during the final inspection and has delivered, in accordance with the Contract
Documents, all maintenance and operating instructions, schedules, guarantees, bonds,
certificates or other evidence of insurance, certificates of inspection, marked -up record
documents (as provided in Paragraph 6.12), and other documents, Contractor may make
application for final payment following the procedure for progress payments.
2. The final Application for Payment shall be accompanied (except as previously delivered) by:
a. all documentation called for in the Contract Documents, including but not limited to the
evidence of insurance required by Paragraph 5.04.13.6;
b. consent of the surety, if any, to final payment;
c. a list of all Claims against Owner that Contractor believes are unsettled; and
d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien
rights arising out of or Liens filed in connection with the Work.
3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved
by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor
that: (i) the releases and receipts include all labor, services, material, and equipment for
which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other
indebtedness connected with the Work for which Owner might in any way be responsible, or
which might in any way result in liens or other burdens on Owner's property, have been paid
or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or
receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to
indemnify Owner against any Lien.
B. Engineer's Review of Application and Acceptance:
1. If, on the basis of Engineer's observation of the Work during construction and final
inspection, and Engineer's review of the final Application for Payment and accompanying
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documentation as required by the Contract Documents, Engineer is satisfied that the Work
has been completed and Contractor's other obligations under the Contract Documents have
been fulfilled, Engineer will, within ten days after receipt of the final Application for
Payment, indicate in writing Engineer's recommendation of payment and present the
Application for Payment to Owner for payment. At the same time Engineer will also give
written notice to Owner and Contractor that the Work is acceptable subject to the provisions
of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to
Contractor, indicating in writing the reasons for refusing to recommend final payment, in
which case Contractor shall make the necessary corrections and resubmit the Application for
Payment.
C. Payment Becomes Due.-
1.
ue:
1. Thirty days after the presentation to Owner of the Application for Payment and
accompanying documentation, the amount recommended by Engineer, less any sum Owner is
entitled to set off against Engineer's recommendation, including but not limited to liquidated
damages, will become due and will be paid by Owner to Contractor.
14.08 Final Completion Delayed
A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if
Engineer so confirms, Owner shall, upon receipt of Contractor's final Application for Payment
(for Work fully completed and accepted) and recommendation of Engineer, and without
terminating the Contract, make payment of the balance due for that portion of the Work fully
completed and accepted. If the remaining balance to be held by Owner for Work not fully
completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have
been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of
the balance due for that portion of the Work fully completed and accepted shall be submitted by
Contractor to Engineer with the Application for such payment. Such payment shall be made
under the terms and conditions governing final payment, except that it shall not constitute a
waiver of Claims.
14.09 Waiver of Claims
A. The making and acceptance of final payment will constitute:
1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled
Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06,
from failure to comply with the Contract Documents or the terms of any special guarantees
specified therein, or from Contractor's continuing obligations under the Contract Documents;
and
2. a waiver of all Claims by Contractor against Owner other than those previously made in
accordance with the requirements herein and expressly acknowledged by Owner in writing as
still unsettled.
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ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION
15.01 Owner May Suspend Work
A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period
of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will
fix the date on which Work will be resumed. Contractor shall resume the Work on the date so
fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the
Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim
therefor as provided in Paragraph 10.05.
15.02 Owner May Terminate for Cause
A. The occurrence of any one or more of the following events will justify termination for cause:
1. Contractor's persistent failure to perform the Work in accordance with the Contract
Documents (including, but not limited to, failure to supply sufficient skilled workers or
suitable materials or equipment or failure to adhere to the Progress Schedule established
under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04);
2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction;
3. Contractor's repeated disregard of the authority of Engineer; or
4. Contractor's violation in any substantial way of any provisions of the Contract Documents.
B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving
Contractor (and surety) seven days written notice of its intent to terminate the services of
Contractor:
1. exclude Contractor from the Site, and take possession of the Work and of all Contractor's
tools, appliances, construction equipment, and machinery at the Site, and use the same to the
full extent they could be used by Contractor (without liability to Contractor for trespass or
conversion);
2. incorporate in the Work all materials and equipment stored at the Site or for which Owner
has paid Contractor but which are stored elsewhere; and
3. complete the Work as Owner may deem expedient
C. If Owner proceeds as provided in Paragraph 15.02.13, Contractor shall not be entitled to receive
any further payment until the Work is completed. If the unpaid balance of the Contract Price
exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or arbitration or other
dispute resolution costs) sustained by Owner arising out of or relating to completing the Work,
such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such
unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and
damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when
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so approved by Engineer, incorporated in a Change Order. When exercising any rights or
remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the
Work performed.
D. Notwithstanding Paragraphs 15.02.13 and 15.02.C, Contractor's services will not be terminated if
Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure
to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of
said notice.
E. Where Contractor's services have been so terminated by Owner, the termination will not affect
any rights or remedies of Owner against Contractor then existing or which may thereafter accrue.
Any retention or payment of moneys due Contractor by Owner will not release Contractor from
liability.
F. If and to the extent that Contractor has provided a performance bond under the provisions of
Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of
Paragraphs 15.02.13 and 15.02.C.
15.03 Owner May Terminate For Convenience
A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and
without prejudice to any other right or remedy of Owner, terminate the Contract. In such case,
Contractor shall be paid for (without duplication of any items):
1. completed and acceptable Work executed in accordance with the Contract Documents prior
to the effective date of termination, including fair and reasonable sums for overhead and
profit on such Work;
2. expenses sustained prior to the effective date of termination in performing services and
furnishing labor, materials, or equipment as required by the Contract Documents in
connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on
such expenses;
3. all claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or arbitration or other
dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors,
Suppliers, and others; and
4. reasonable expenses directly attributable to termination.
B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other
economic loss arising out of or resulting from such termination.
15.04 Contractor May Stop Work or Terminate
A. If, through no act or fault of Contractor, (i) the Work is suspended for more than 90 consecutive
days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on
any Application for Payment within 30 days after it is submitted, or (iii) Owner fails for 30 days
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Page 60 of 62

to pay Contractor any sum finally determined to be due, then Contractor may, upon seven days
written notice to Owner and Engineer, and provided Owner or Engineer do not remedy such
suspension or failure within that time, terminate the Contract and recover from Owner payment
on the same terms as provided in Paragraph 15.03.
B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer
has failed to act on an Application for Payment within 30 days after it is submitted, or Owner has
failed for 30 days to pay Contractor any sum finally determined to be due, Contractor may, seven
days after written notice to Owner and Engineer, stop the Work until payment is made of all such
amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are
not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an
adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly
attributable to Contractor's stopping the Work as permitted by this Paragraph.
ARTICLE 16 — DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a
decision under Paragraph 10.05 before such decision becomes final and binding. The mediation
will be governed by the Construction Industry Mediation Rules of the American Arbitration
Association in effect as of the Effective Date of the Agreement. The request for mediation shall
be submitted in writing to the American Arbitration Association and the other party to the
Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E.
B. Owner and Contractor shall participate in the mediation process in good faith. The process shall
be concluded within 60 days of filing of the request. The date of termination of the mediation
shall be determined by application of the mediation rules referenced above.
C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.0 or a denial
pursuant to Paragraphs 10.05.C.3 or 10.05.13 shall become final and binding 30 days after
termination of the mediation unless, within that time period, Owner or Contractor:
1. elects in writing to invoke any dispute resolution process provided for in the Supplementary
Conditions; or
2. agrees with the other party to submit the Claim to another dispute resolution process; or
3. gives written notice to the other party of the intent to submit the Claim to a court of
competent jurisdiction.
ARTICLE 17 — MISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given i£
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I . delivered in person to the individual or to a member of the firm or to an officer of the
corporation for whom it is intended; or
2. delivered at or sent by registered or certified mail, postage prepaid, to the last business
address known to the giver of the notice.
17.02 Computation of Times
A. When any period of time is referred to in the Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such period falls on
a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction,
such day will be omitted from the computation.
17.03 Cumulative Remedies
A. The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto are in addition to, and are not to be construed in any way
as a limitation of, any rights and remedies available to any or all of them which are otherwise
imposed or available by Laws or Regulations, by special warranty or guarantee, or by other
provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if
repeated specifically in the Contract Documents in connection with each particular duty,
obligation, right, and remedy to which they apply.
17.04 Survival of Obligations
A. All representations, indemnifications, warranties, and guarantees made in, required by, or given
in accordance with the Contract Documents, as well as all continuing obligations indicated in the
Contract Documents, will survive final payment, completion, and acceptance of the Work or
termination or completion of the Contract or termination of the services of Contractor.
17.05 Controlling Law
A. This Contract is to be governed by the law of the state in which the Project is located.
17.06 Headings
A. Article and paragraph headings are inserted for convenience only and do not constitute parts of
these General Conditions.
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SUPPLEMENTARY CONDITIONS
These Supplementary Conditions amend or supplement the Standard General Conditions of the
Construction Contract (C-700, 2007 Edition) and other provisions of the Contract Documents as
indicated below. All provisions, which are not so amended or supplemented, remain in full force
and effect.
The terms used in these Supplementary Conditions will have the meanings indicated in the
General Conditions. Additional terms used in these Supplementary Conditions have the
meanings indicated below, which are applicable to both the singular and plural thereof.
TABLE OF CONTENTS
ARTICLE SC -1, DEFINITIONS AND TERMINOLOGY
The Specifications are written in imperative mood and streamlined form. This imperative
language is directed to the Contractor, unless specifically noted otherwise. The words "shall be"
are included by inference where a colon () is used within sentences or phrases.
SC -1.01.A.3. Add the following language to the end of Paragraph 1.01.A.3:
The Application for Payment form to be used on this Project is EJCDC No. C-620. Contractor
may use their standard computerized forms for providing detail payment breakdown as an
attachment to summary sheet. Agency must approve all Applications for Payment before
payment is made.
SC -1.01.A.9. Add the following language to the end of Paragraph 1.01.A.9:
The Change Order form to be used on this Project is EJCDC No. C-941. Agency approval is
required before Change Orders are effective.
SC -1.01.A.19. Add the following language to the end of Paragraph 1.01.A.19:
The Engineer's Consultants on this project are:
Add the following definitions to the General Conditions:
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Page
Article SC -1
Definition and Terminology
1
Article SC -2
Preliminary Matters
2
Article SC -3
Contract Documents: Intent, Amending, Reuse
3
Article SC -4
Availability of Lands, Subsurface and Physical
Conditions, Reference Points
3
Article SC -5
Bonds and Insurance
4
Article SC -6
Contractor's Responsibilities
5
Article SC -9
Engineer's Status During Construction
7
Article SC -11
Cost of the Work; Cash Allowances; Unit Price Work
7
Article SC -12
Change of Contract Price; Change of Contract Times
8
Article SC -14
Payments to Contractor and Completion
8
Article SC -16
Dispute Resolution
9
ARTICLE SC -1, DEFINITIONS AND TERMINOLOGY
The Specifications are written in imperative mood and streamlined form. This imperative
language is directed to the Contractor, unless specifically noted otherwise. The words "shall be"
are included by inference where a colon () is used within sentences or phrases.
SC -1.01.A.3. Add the following language to the end of Paragraph 1.01.A.3:
The Application for Payment form to be used on this Project is EJCDC No. C-620. Contractor
may use their standard computerized forms for providing detail payment breakdown as an
attachment to summary sheet. Agency must approve all Applications for Payment before
payment is made.
SC -1.01.A.9. Add the following language to the end of Paragraph 1.01.A.9:
The Change Order form to be used on this Project is EJCDC No. C-941. Agency approval is
required before Change Orders are effective.
SC -1.01.A.19. Add the following language to the end of Paragraph 1.01.A.19:
The Engineer's Consultants on this project are:
Add the following definitions to the General Conditions:
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A.52 The term "minority business" means a business:
a. In which at least fifty-one percent (51 %) is owned by one or more minority persons
or socially and economically disadvantaged individuals, or in the case of a
corporation, in which at least fifty-one percent (51%) of the stock is owned by one
or more minority persons or socially and economically disadvantaged individuals;
and
b. Of which the management and daily business operations are controlled by one or
more of the minority persons or socially and economically disadvantaged individuals
who own it.
A.53 The term "minority person" means a person who is a citizen or lawful permanent
resident of the United States and who is:
a. Black, that is, a person having origins in any of the black racial groups in Africa;
b. Hispanic, that is, a person of Spanish or Portuguese culture with origins in Mexico,
South or Central America, or the Caribbean Islands, regardless of race;
c. Asian American, that is, a person having origins in any of the original peoples of the
Far East, Southeast Asia and Asia, the Indian subcontinent, or the Pacific Islands;
d. American Indian, that is, a person having origins in any of the original Indian
peoples of North America; or
e. Female.
A.54 The term "socially and economically disadvantaged individual' means the same as
defined in 15 U.S.C. 637; "Socially disadvantaged individuals are those who have been
subjected to racial or ethnic prejudice or cultural bias because of their identity as a
member of a group without regard to their individual qualities". "Economically
disadvantaged individuals are those socially disadvantaged individuals whose ability to
compete in the free enterprise system has been impaired due to diminished capital and
credit opportunities as compared to others in the same business area who are not
socially disadvantaged."
A.55 Notice of Violation: A written notification from a governmental agency that the Owner
has violated a law or regulation that the agency has jurisdiction over. Notice will take the
form used by the agency and may outline action to be taken by the Owner to correct the
violation and may include a monetary fine.
A.56 Regular Working Hours: Regular working hours for the project are defined as 8:00 am
to 5:00 pm, Eastern Standard Time.
ARTICLE SC -2, PRELIMINARY MATTERS
SC -2.02 Delete the word "ten" and insert "five" in its place in paragraph 2.02.
SC -2.03.A Delete paragraph 2.03.A in its entirety and insert the following in its place:
2.03.A The Contract Times will commence to run on the day indicated in the Notice to
Proceed. A Notice to Proceed will be issued at any time within 30 days after the
Effective Date of the Agreement or a date agreed to by the Owner and Contractor.
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ARTICLE SC-3, CONTRACT DOCUMENTS: INTENT AMENDING REUSE
SC-3.01.13 Add the following paragraph 3.01.B.1 to the General Conditions:
3.01.B.1 Division 1, General Requirements, govern the execution of the work of all sections
of the specifications.
ARTICLE SC-4 AVAILABILITY OF LANDS SUBSURFACE AND PHYSICAL CONDITIONS,
REFERENCE POINTS
SC 4.01 Add the following paragraph 4.01.D to the General Conditions:
SC 4.02 Delete paragraph 4.02 in its entirety and insert the following in its place:
4.02 No reports or explorations or tests of subsurface conditions at or contiguous to the Site
are known to the Owner or Engineer. Contractor shall have full responsibility with
respect to subsurface conditions at the site with allowances as provided in the Contract
Documents.
SC-4.04.A.2 The following shall be added to paragraph 4.04.A.2:
e. Contractor shall follow the North Carolina General Statutes, Chapter 87, Article 8
Underground Damage Prevention.
f. Notifying owners of underground facilities prior to start of Work.
g. Investigating ahead of the Work to verify the existence of Underground Facilities.
h. Assuming risks and repairing damage caused by the Work to existing Underground
Facilities whether indicated or not in the Contract Documents. Repairs to Underground
Facilities shall be done to the satisfaction of the Underground Facility owner and may
require material and methods, which are better than the existing Facility. Underground
Facility owner reserves the right to repair damage by the Contractor to their underground
Facilities. If the Owner exercises this right, the owner's cost of this Work shall be
deducted from the money due the Contractor.
i. Uncovering Underground Facilities, with that owners approval, that are located within the
Work as necessary for Engineer to determine the requirements for the change in the
work.
SC 4.06 Delete paragraph 4.06.A and 4.06.B in their entirety and insert the following:
A. No reports or drawings of Hazardous Environmental Conditions at or contiguous to the
Site are known to the Owner or Engineer.
B. Not used.
SC -4.07 Add the following new paragraph after SC -4.06:
SC -4.07 Miscellaneous Site Conditions
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A. The Contractor shall perform video inspections and take photographs of the proposed
construction areas before disturbing the site in order to establish an accurate record of the
pre -construction conditions for comparison to the final work. The Contractor shall provide
the Owner with copies of all video and photographic records at the appropriate times (i.e.,
pre -construction and post -construction). The cost of video and photographic work shall
be incidental to the contract and no separate payment will be made by the Owner.
ARTICLE SC -5. BONDS AND INSURANCE
SC -5.01 Add the following paragraphs immediately following paragraph 5.01.0
D. The Contractor shall provide the following Bonds in addition to the Performance and
Payment Bonds required in the General Conditions:
A Performance and Indemnity Bond shall be expected and posted with the N.C.
Division of Highways in the amount as required in the Project Encroachment
Contract as attached to the end of this Section.
SC -5.04 Add the following new paragraphs immediately after paragraph 5.04.6:
C. Limits of liability for the insurance required by paragraph 5.04 of the General Conditions
shall provide coverage for not less than the following amounts or greater where required
by Laws and Regulations:
Worker's Compensation, and related coverage under paragraphs 5.04.A.1 and
5.04.A.2 of the General Conditions:
a. State: Statutory - Per the Workers' Compensation Laws
of the State of North Carolina.
b. Applicable Federal
(e.g., Longshoremen's) Statutory
c. Employers Liability: $500,000
2. Contractor's General Liability under paragraphs 5.04.A.3 through 5.04.A.6 of the
General Conditions, which shall include completed operations and product liability
coverages and eliminate the exclusion with respect to property under the care,
custody and control of the Contractor:
a. General Aggregate
$2,000,000.00
b. Products & Completed Operations Aggregate
$2,000,000.00
c. Personal & Advertising Injury
$1,000,000.00
d. Each Occurrence (Bodily Injury & Property Damage)
$1,000,000.00
e. Property Damage liability insurance will provide
Explosion, Collapse, and Under -ground coverages
where applicable.
f. Excess or Umbrella Liability
1) General Aggregate
$5,000,000.00
2) Each Occurrence
$5,000,000.00
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3.
4.
Automobile Liability under Paragraph 5.04.A.6 of the General Conditions:
a. Bodily Injury:
Each person
Each Accident
b. Property Damage:
Each Accident
$1,000,000.00
$1,000,000.00
$1,000,000.00
OR (i.e., either a. and b. or c.)
C. Combined Single Limit of $1,000,000.00
The Contractual Liability coverage required by Paragraph 5.04.B.4 of the General
Conditions shall provide coverage for not less than the following amounts:
a. Bodily Injury:
Each person
$2,000,000.00
Each Accident
$2,000,000.00
b. Property Damage:
Each Accident
$2,000,000.00
Annual Aggregate
$2,000,000.00
Pollution Liability $2,000,000.00
SC -5.06.A Delete paragraph 5.06.A in its entirety and insert the following in its place.
A. General Contractor shall purchase and maintain property insurance upon the Work at
the Site in the amount as shown below. This insurance shall comply with Paragraphs
5.06.A.1 through 5.06.A.7 of the General Conditions which shall remain in effect.
Property Insurance Full Replacement Cost of Work
ARTICLE SC -6, CONTRACTOR'S RESPONSIBILITIES
SC -6.02 Add the following paragraphs after 6.02.B:
C. Overtime Work: If Contractor's Work requires inspection as determined by the Engineer
more than 10 hours in a work day or 40 hours in a work week, Monday through Friday
excluding holidays, or on the weekends he shall submit a written request to the Engineer
five (5) working days prior to the scheduled Work. Contractor shall pay for the Resident
Project Representative's time beyond the above hours at the rate of $75.00 / hour.
D. The above will not prevent the Contractor from working outside the above time that will
not require the inspector to be present. Such work may include; start up, clean up,
seeding, painting (after the base surface has been approved by the inspector), and
similar items. Contractor shall obtain approval of Work to be performed outside of the
above work hours.
E. Contractor shall not be charged for inspector's time for Work specifically identified by
the Contract Documents to be performed outside the above Work time or on weekends.
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SC -6.06.13 Add the following sentence(s) at the end of paragraph 6.06.B:
Bidder shall indicate Minority Business Participation on the attachment to the Bid Forms.
Low Bidder shall be required to submit the following Affidavits as attached to the end of
this section:
a. Affidavit C, Portion of the Work to be Performed by Minority Firms.
b. Affidavit D, Good Faith Efforts
2. Contractor whose Bid is accepted shall not substitute any person as subcontractor in the
place of the subcontractor listed in the Bid, except:
a. If the listed subcontractor's bid is later determined by the Contractor to be non -
responsible or non-responsive, or the listed subcontractor refuses to enter into a
contract for the complete performance of the bid work; or
b. With the approval of the awarding authority for good cause shown by the
Contractor.
SC -6.06.C.3 Add the following paragraph immediately after paragraph 6.06.C2:
3. Owner or Engineer may furnish to any such Subcontractor or Supplier to the extent
practical, information about amounts paid to Contractor on account of Work performed
for Contractor by a particular Subcontractor or Supplier.
SC -6.06 Add a new paragraph immediately after Paragraph 6.06.G:
H. The Contractor shall not award work valued at more than fifty (50%) percent of the
Contract Price to Subcontractor(s), without prior written approval of the Owner.
SC -6.09 Add the following paragraph(s) after 6.09.C:
D. Contractor shall be responsible for conforming to the requirements of the rules and
regulations of the Erosion Control Laws of the State of North Carolina, specifically the
Sedimentation Pollution Control Act of 1973 (G.S. 113A) as amended, and the local
jurisdiction where the project is locate=d as it relates to land disturbing activities
undertaken by Contractor. Contractor shall be responsible to Owner for any fines
imposed on Owner as a result of Contractor's failure to comply with the above as it is
further described in the Erosion Control Section of the Specifications.
E. Contractor shall be responsible for conforming to the requirements (including associated
construction costs) of the N.C. Department of Transportation Encroachment Agreement,
Railroad Encroachment Agreement (s), and all other local, state, and federal permits
associated with the project.
F. Should the Contractor cause the Owner to receive a Notice of Violation from a
governmental agency, Contractor shall pay costs associated with Notice of Violation
within ten (10) days of receipt of written notification. Costs shall include, but not be
limited to:
1. Fines imposed on the Owner by the agency.
2. Required legal newspaper publications concerning violation.
3. Required mailings to customers concerning notification of violation.
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4. Administrative, engineering, and construction costs associated with resolving the
Notice of Violation.
G. Notice of Violation may include, but not be limited to, the following problems:
1. Inadequate erosion control measures.
2. Equipment failure during the warranty period.
SC -6.12 Add a new paragraph after paragraph 6.12.A:
B. Record Documents shall be updated daily. Should the Engineer determine that the
Record Documents are not being properly maintained, approval of future payment
requests shall be withheld.
SC -6.17 Add the following new paragraphs immediately after Paragraph 6.17.E:
F. Contractor shall furnish required submittals with sufficient information and accuracy in
order to obtain required approval of an item with no more than three submittals.
Engineer will record Engineer's time for reviewing subsequent submittals of Shop
Drawings, samples or other items requiring approval and Contractor shall reimburse
Owner for Engineer's charges for such time.
G. In the event that Contractor requests a substitution for a previously approved item,
Contractor shall reimburse Owner for Engineer's charges for such time unless the need
for such substitution is beyond the control of Contractor.
ARTICLE SC -9, ENGINEER'S STATUS DURING CONSTRUCTION
SC -9.03.A Add the following language at the end of paragraph 9.03.A:
The Engineer will provide Resident Project Representative services for this project. The Duties,
Responsibilities, and Limitations of Authority of the Resident Project Representative will be as
stated in Exhibit D of the Agreement Between Owner and Engineer, E-500, 2008 Edition, as
amended and executed for this specific Project.
ARTICLE SC -11 COST OF THE WORK CASH ALLOWANCES: UNIT PRICE WORK
SC-11.01.A.5.c, Delete Paragraph 11.01.A.5.c in its entirety and insert the following in its place:
C. Construction Equipment and Machinery:
1. Rentals of all construction equipment and machinery, and the parts thereof in
accordance with rental agreements approved by Owner with the advice of Engineer, and
the costs of transportation, loading, unloading, assembly, dismantling, and removal
thereof. All such costs shall be in accordance with the terms of said rental agreements.
The rental of any such equipment, machinery, or parts shall cease when the use thereof
is no longer necessary for the Work.
2. Costs for equipment and machinery owned by Contractor will be paid at a rate
shown for such equipment in the Rental Rate Blue Book (latest edition). An hourly rate
will be computed by dividing the monthly rates by 176. These computed rates will
include all operating costs. Costs will include the time the equipment or machinery is in
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use on the changed Work and the costs of transportation, loading, unloading, assembly,
dismantling, and removal when directly attributable to the changed Work. The cost of
any such equipment or machinery, or parts thereof, shall cease to accrue when the use
thereof is no longer necessary for the changed Work. Equipment or machinery with a
value of less than $1,000 will be considered small tools.
SC -11.03.D.1 Delete Paragraph 11.03.D.1 in its entirety and insert the following in its place:
if the Bid price of a particular item of Unit Price Work amounts to 5 percent or more of
the Contract Price and the variation in the quantity of that particular item of Unit Price
Work performed by Contractor differs by more than 25 percent from the estimated
quantity of such item indicated in the Agreement; and
ARTICLE SC -12 CHANGE OF CONTRACT PRICE, CHANGE OF CONTRACT TIMES
SC -12.02 Add the following paragraph after 12.02.B:
C. Time Extension: Contract time extensions for weather delays do not entitle Contractor to
"extended overhead" recovery.
SC -12.03 Add the following paragraphs after 12.03.E:
F. Time extension for weather delays due to rain shall only be considered for above
average precipitation. NOAA Report No. 20 shall be used to determine the average
number of days with precipitation greater than or equal to 0.10 inch for each month. A
link to this report is as follows: http'//cdo.ncdc.noaa.gov/climatenormais/clim2O/state-
pdf/nc.pd .
G. Claims for additional Contract Time for delays beyond the Contractor's control shall be
submitted in accordance with Article 10 of the General Conditions with the Contractor's
monthly pay request. Submittal shall include the number of days requested and the
reason for the delay. Engineer shall notify the Owner and Contractor of his decision in
accordance with Article 10 of the General Conditions. Approval of time shall be included
in a Change Order.
ARTICLE SC -14, PAYMENTS TO CONTRACTOR AND COMPLETION
SC -14.02.A Add the following to the end of paragraph 14.02.A.3:
No payments will be made that would deplete the retainage, place in escrow any funds that are
required for retainage, or invest the retainage for the benefit of the Contractor.
SC -14.02.0 Delete paragraph 14.02.C.1 in its entirety and insert the following in its place:
The Application for Payment with Engineer's recommendations will be presented to the
Owner and Agency for consideration. If both the Owner and Agency find the Application
for Payment acceptable, the recommended amount less any reduction under the
provisions of Paragraph 14.02.D will become due 20 days after the Application for
Payment is presented to the Owner, and the Owner will make payment to the
Contractor.
2204 -DY: Contract 3 1/30/2018 00800-8 Supplementary Conditions
Document prepared in accordance with EJCDC No. C-800 (2007) & RUS Bulletin 1780-26, Attachment H, 10/2009

ARTICLE SC -16, DISPUTE RESOLUTION
SC -16.01.A, Delete the second and third sentence in Paragraph 16.01 A.
SC -16.01.13, Delete Paragraph 16.01.13 in its entirety and replace it with the following:
B. Disputes shall be resolved in accordance with the dispute resolution process adopted on
February 26, 2002 by the N. C. State Building Commission. The "Rules Implementing
Mediated Settlement Conferences in North Carolina Construction Projects" are attached
to this section.
SC -16.01.C, Delete Paragraph 16.01.0 in its entirety and replace it with the following:
C. All parties agree that only the North Carolina courts shall have jurisdiction over the
Contract and any controversies arising out of this Contract and this agreement shall be
governed by and construed in accordance with the laws of the State of North Carolina.
END OF DOCUMENT
2204 -DY: Contract 3 1/30/2018 00800-9 Supplementary Conditions
Document prepared in accordance with EJCDC No. C-800 (2007) & RUS Bulletin 1780-26, Attachment H, 10/2009

Do not submit with bid Do not submit with bid Do not submit with bid Do not submit with bid
State of North Carolina - AFFIDAVIT C - Portion of the Work to be
County of
Performed by Minority Firms
(Note this form is to be submitted only by the apparent lowest responsible, responsive bidder.)
If the portion of the work to be executed by minority businesses as defined in GS143-128.2(g) is equal
to or greater than 10% of the bidders total contract price, then the bidder must complete this affidavit.
This affidavit shall be provided by the apparent lowest responsible, responsive bidder within 72 hours
after notification of being low bidder.
Affidavit of
Project ID#
(Name of Bidder)
(Project Name)
Amount of Bid $
I do hereby certify that on the
I will expend a minimum of % of the total dollar amount of the contract with minority business
enterprises. Minority businesses will be employed as construction subcontractors, vendors, suppliers
or providers of professional services. Such work will be subcontracted to the following firms listed
below. Attach additional sheets if required
Name and Phone Number
*Minority
Work descriptionDollar
Value
ategory
�..�ILy NCILWLJVIIOJ. OIaI.R, Mrican American (ts), hispanic (M), Asian American (A) American Indian (1),
Female (F) Socially and Economically Disadvantaged (D)
Pursuant to GS143-128.2(d), the undersigned will enter into a formal agreement with Minority Firms for
work listed in this schedule conditional upon execution of a contract with the Owner. Failure to fulfill
this commitment may constitute a breach of the contract.
The undersigned hereby certifies that he or she has read the terms of this commitment and is
authorized to bind the bidder to the commitment herein set forth.
Date: Name of Authorized Officer:
SEAL
MBForms 2002-R
Signature:
Title:
State of North Carolina, County of
Subscribed and sworn to before me this day of 20
Notary Public
My commission expires

Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid
State of North Carolina AFFIDAVIT D — Good Faith Efforts
County of
(Note this form is to be submitted only by the apparent lowest responsible, responsive bidder.)
If the goal of 10% participation by minority business is not achieved, the Bidder shall provide the
following documentation to the Owner of his good faith efforts:
(Name of Bidder)
Affidavit of:
I do certify the attached documentation as true and accurate representation of my good faith efforts.
(Attach additional sheets if required)
Name and Phone Number
*Minority
Category
Work description
Dollar Value
inority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (1),
Female (F) Socially and Economically Disadvantaged (D)
Documentation of the Bidder's good faith efforts to meet the goals set forth in these provisions.
Examples of documentation include, but are not limited to, the following evidence:
A. Copies of solicitations for quotes to at least three (3) minority business firms from the source list provided
by the State for each subcontract to be let under this contract (if 3 or more firms are shown on the source
list). Each solicitation shall contain a specific description of the work to be subcontracted, location where
bid documents can be reviewed, representative of the Prime Bidder to contact, and location, date and time
when quotes must be received.
B. Copies of quotes or responses received from each firm responding to the solicitation.
C. A telephone log of follow-up calls to each firm sent a solicitation.
D. For subcontracts where a minority business firm is not considered the lowest responsible sub -bidder,
copies of quotes received from all firms submitting quotes for that particular subcontract.
E. Documentation of any contacts or correspondence to minority business, community, or contractor
organizations in an attempt to meet the goal.
F. Copy of pre-bid roster.
G. Letter documenting efforts to provide assistance in obtaining required bonding or insurance for minority
business.
H. Letter detailing reasons for rejection of minority business due to lack of qualification.
I. Letter documenting proposed assistance offered to minority business in need of equipment, loan capital,
lines of credit, orjoint pay agreements to secure loans, supplies, or letter of credit, including waiving credit
that is ordinarily required.
Failure to provide the documentation as listed in these provisions may result in rejection of the bid and
award to the next lowest responsible and responsive bidder.
Date: Name of Authorized Officer:
S
MBForms 2002-R
Signature:
Title:
State of North Carolina, County of
Subscribed and sworn to before me this _day of
Notary Public
My commission expires

TECHNICAL SPECIFICATIONS

SECTION 01100
SUMMARY OF WORK
PART GENERAL
1.01 WORK COVERED BY CONTRACT DOCUMENTS
A. Work described in this Project Manual includes the provision of labor, materials,
equipment, and services required to complete the Tar River - WWTP Streambank
Stabilization for the Town of Tarboro, North Carolina.
1.02 CONTRACTS
A. Project construction will be let under one Contract with construction including, but
not limited to, the following major work items:
Tar River - WWTP Streambank Stabilization
1.03 WORK SEQUENCE
A. Construction Progress Schedule, as required in Section, Submittal Procedures, shall
indicate the anticipated items and times that the Work will interfere with normal
facility operation.
B. Contractor is responsible for all bypass pumping required to construct the project as
shown. Construction activities that interfere with normal operation of existing
facilities shall be specifically noted on construction schedule. For each of these
activities provide a detailed construction sequence showing the bypass pumping
arrangement.
1.04 OWNER OCCUPANCY
A. Owner will occupy site during entire period of construction.
B. Contractors shall cooperate with Owner to minimize conflict, and to facilitate
Owner's operations.
1.05 CONTRACTOR USE OF SITE
A. Requirements of the owners of the rights-of-way must be complied with and
specifically as required in the permits attached to Section, Supplementary General
Conditions.
B. Contractor shall provide his own staging area as necessary for his Work.
PART2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
2204 -DY: Contract 3 1/30/2018 01100-1 Summary of Work

SECTION 01312
PROJECT COORDINATION
PART GENERAL
1.01 SECTION INCLUDES
A. This Section specifies administrative and supervisory requirements necessary for
Project coordination including, but not necessarily limited to:
1. Coordination.
2. Administrative and supervisory personnel.
3. General installation provisions.
4. Cleaning and protection.
1.02 GENERAL COORDINATION REQUIREMENTS
A. Responsibilities of Contractor:
1. Coordinate construction activities for the Project to assure efficient and proper
installation of each part of the Work.
2. Where availability of space is limited, coordinate installation of components to
assure maximum accessibility for maintenance. Make adequate provisions to
accommodate components scheduled for later installation.
3. Where necessary, prepare memoranda for distribution to each party involved
outlining special procedures required for coordination. Include such items as
required notices, reports, and attendance at meetings. A copy of all memoranda
shall be submitted to the Engineer.
B. Administrative Procedures: Coordinate scheduling and timing of required
administrative procedures with other construction activities to avoid conflicts and
ensure orderly progress of the Work. Such administrative activities include, but are
not limited to, the following:
1. Preparation of schedules.
2. Installation and removal of temporary facilities.
3. Delivery and processing of submittals.
4. Progress meetings.
5. Installation meetings.
6. Project Close-out activities.
C. Conservation: Coordinate construction activities to ensure that operations are
carried out with consideration given to conservation of energy, water, and materials.
1. Salvage materials and equipment involved in performance of, but not actually
incorporated in, the Work. Refer to other sections for disposition of salvaged
materials that are designated as Owner's property.
PART 2 PRODUCTS
NOT USED
2204 -DY: Contract 3 1/30/2018 01312-1 Project Coordination

PART 3 EXECUTION
3.01 SPECIAL REQUIREMENTS
END OF SECTION
2204 -DY: Contract 3 1/30/2018 01312-2 Project Coordination

PART GENERAL
1.01 SECTION INCLUDES
1.02
SECTION 01330
SUBMITTAL PROCEDURES
A. This Section includes, but is not limited to, requirements for the following -
1 .
ollowing:1. Submittal procedures.
2. Construction progress schedule.
3. Schedule of values.
4. Proposed product list.
5. Project record documents.
6. Certificates of compliance.
7. Catalog data.
8. Shop drawings.
9. Manufacturer's installation procedures.
10. Samples.
11. Test reports.
12. Operation and maintenance instructions.
13. Warranties.
SUBMITTAL PROCEDURES
A. Transmit each submittal with cover letter to Engineer at The Wooten Company, 301
W. 14th Street, Greenville, NC 27834.
B. Sequentially number transmittal forms. Re -submittals to have original number with
an alphabetic suffix.
C. Cover letter for each submittal package shall list the following:
1. Contractors name:
2. Owners name: Town of Tarboro
3. Project name: Tar River - WWTP Emergency Watershed Protection
Streambank Stabilization
4. Wooten Job No.: 2204 -DY
D. Individual submittals shall each be listed by the following information:
1. Submittal reference no.
2. Specification section number.
3. Drawing and detail number when appropriate.
4. Equipment.
5. Type submittal.
6. Supplier.
7. Manufacturer.
E. Apply Contractor's stamp to each submittal, signed or initialed and dated, certifying
that Contractor has reviewed submittal for conformance with requirements of
Contract Documents, and has coordinated submittal with related work.
F. Schedule submittals to expedite Project, and deliver to coordinate submission of
related items. Allow a minimum of fifteen (15) working days for Engineer's review.
2204 -DY: Contract 3 1/30/2018 01330-1 Submittal Procedures

1.03
G. Identify variations from Contract Documents and Product limitations as they relate to
the satisfactory performance of the Project.
H. Provide space for Contractor and Engineer review stamps.
I. Revise and resubmit submittals as required; identify changes made since previous
submittal.
J. Distribute copies of reviewed submittals to concerned parties. Instruct parties to
promptly report inability to comply with provisions.
K. Work requiring submittal review by Engineer shall not be started until review has
been obtained.
L. Engineer's review of submittals shall not relieve Contractor of responsibility for
complete compliance with Contract Documents.
ADMINISTRATIVE SUBMITTALS
A. Construction Progress Schedule
1. Submit five (5) copies of the initial progress schedule 15 days after date of
Owner -Contractor Agreement. One copy shall be returned to the Contractor.
2. Progress schedule shall be, as a minimum, a horizontal bar chart with a
separate line for each major section of Work. Identify the first work day of each
week.
3. Show complete sequence of construction by activity, identifying Work of
separate stages and other logically grouped activities. Indicate the early and
late start, early and late finish, float dates, and duration.
4. Indicate the expected monthly pay requests.
5. Submit revised schedule with each Application for Payment as required for
updating, identifying changes since previous version. Indicate estimated
percentage of completion for each item of Work at each submission.
6. Indicate submittal dates required for critical shop drawings, product data,
samples, and product delivery dates .
7. Indicate specific work sequences and requirements as indicated in Section,
Summary of Work.
B. Schedule of Values
1. Submit three (3) copies of the schedule of values at least three (3) weeks prior
to the first partial payment request. Schedule shall divide the lump sum contract
items into major work tasks. Use the table of contents as a guide for itemizing
the schedule. Schedule will be used only as a basis for review of the
Contractor's request for payment.
2. Engineer may request additional delineation of work tasks and supporting data
of the values, as he deems appropriate. Revise schedule and resubmit.
3. Revise schedule to list approved Change Orders, with each request for
payment.
C. Project Record Documents
1. Maintain on site, one set of the following record documents; record actual
revisions to the Work:
a. Contract Drawings.
b. Project Manual.
c. Addenda.
d. Change Orders and other Modifications to the Contract.
e. Reviewed submittals.
2204 -DY: Contract 3 1/30/2018 01330-2 Submittal Procedures

1.04
Z Store Record Documents separate from documents used for construction.
3. Record information concurrent with construction progress.
4. Specifications: Legibly mark and record at each Product section description of
actual Products installed, including the following:
a. Manufacturer's name and product model and number.
b. Product substitutions or alternates utilized.
c. Changes made by Addenda and Modifications.
5. Record Documents and Shop Drawings: Legibly mark each item to record
actual construction including:
a. Measure elevations of structures in relation to bench mark. datum.
b. Measure and reference horizontal and vertical locations of underground
utilities and appurtenances to existing permanent surface improvements
that are indicated on the Drawings.
c. Field changes from construction Drawings.
d. Details not on original Contract Drawings.
6. Submit documents to Engineer with final Application for Payment.
TECHNICAL SUBMITTALS
A. General
1. Submit the following as required by the individual sections of the technical
specifications.
2. Unless noted otherwise, submit the number of copies that Contractor requires,
plus three (3) copies that will be retained by Engineer.
B. Certificates of Compliance
1. Certificates shall certify that the Products delivered to the project are in
conformance with the specifications.
2. Certificates may be recent or previous test results on Product, but must be
acceptable to Engineer.
3. Certification shall not relieve the Contractor of responsibility for complying with
requirements of the specifications.
C. Catalog Data
1. When shop drawings are not required, the catalog data shall include the
following as a minimum:
a. Parts schedule that identifies the materials to be used in each of the
various parts.
b. Sufficient detail to serve as a guide for assembly and disassembly of the
product and to serve as guide for ordering parts.
2. Mark each copy to identify applicable products, models, options, and other
data. Supplement manufacturers' standard data to provide information unique
to this Work in the Shop Drawing submittal.
D. Shop Drawing
1. Shop drawings shall consist of drawings, diagrams, illustrations, schedules,
performance charts, brochures and other data, prepared specifically for a
portion of the Work.
2. Shop drawings shall indicate the type, size, quantity, arrangement, location,
mode of operation, component materials, utility connections, wiring and control
diagrams, anchorage's, supports, factory applied coatings, and other
information necessary to ensure satisfactory fabrication, installation and
operation of the completed Work.
2204 -DY: Contract 3 1/30/2018 01330-3 Submittal Procedures

3. Shop drawings shall establish the actual detail of manufactured or fabricated
items, indicate proper relation to adjoining work, amplify design details of
mechanical and electrical equipment in proper relation to physical spaces in the
structure, and incorporate minor changes to design and construction to suit
actual requirements.
E. Manufacturer's Installation Procedures
1. Installation procedures should indicate manufacturer's recommendations for
proper installation of Product.
F. Samples
1. Submit samples as required by the individual specification sections. Samples
shall be physical examples to illustrate the materials and workmanship. Submit
in sufficient size and quantity to clearly illustrate the functional characteristics of
the Product, with integrally related parts and attachment devices, and the full
range of color to be provided.
G. Test and Start -Up Reports
1. Submit three (3) copies of report to the Engineer within seven (7) days of
performing the test.
2. Report shall include the following as a minimum:
a. Owners name:
b. Project name:
c. Wooten job number:
d. Firm performing work.
e. Individual performing work.
f. Specification section no.:
g. Product tested or started.
h. Date and time of work.
i. Type of test or start-up.
j. Specific location in the Project: (i.e. Structure name and location within the
structure by a rough sketch.)
k. Results.
I. Opinion of firm doing the work as to the test or start-up being in compliance
with the Contract Documents.
3. When requested by Engineer, the testing or start-up firm shall provide
additional interpretation of results.
H. Operation and Maintenance Instructions
1. Submit three (3) copies of operation and maintenance instructions within 45
days after approval of the shop drawings.
2. Submit instructions in a navy blue vinyl, loose leaf binder containing the name
of the equipment covered on the front and the spine of the binder. Provide tab
dividers appropriately labeled.
3. As a minimum, the submittal shall contain complete operation and maintenance
instructions, drawings, and complete parts list.
4. In addition, for equipment requiring periodic lubrication, provide two (2)
lubrication charts; one shall be included in the binder, and the other shall be
provided in weatherproof 10 mil, laminated plastic and shall be permanently
affixed to the equipment. Charts shall contain pertinent information concerning
the lubricating requirements including manufacturer's name, name of
equipment, recommended service interval, and recommended lubricant,
location of each of the points of lubrication.
2204 -DY: Contract 3 1/30/2018 01330-4 Submittal Procedures

Warranties
1. Provide duplicate notarized copies.
2. Assemble documents from Subcontractors, suppliers, and manufacturers.
3. Provide Table of Contents and assemble in three D side ring binder with
durable plastic cover.
4. Submit prior to final Application for Payment.
5. For items of Work delayed beyond date of Substantial Completion, provide
updated submittal within 10 days after acceptance, listing date of acceptance
as start of warranty period.
PART2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
2204 -DY: Contract 3 1/30/2018 01330-5 Submittal Procedures

SECTION 01450
QUALITY CONTROL
PART GENERAL
1.01 SECTION INCLUDES
A. Quality assurance and control of installation.
B. Inspection and testing laboratory services.
C. References.
1.02 QUALITY ASSURANCE/CONTROL OF INSTALLATION
A. Manufacturer shall have the minimum number of years of proven successful
experience required in each section in the design, manufacture, and servicing of
Products specified.
B. In lieu of the required experience, manufacturer may provide a cash deposit or bond
equal to the cost of the Product, but pro -rated to the number of years of actual
experience.
C. Products from a manufacturer who does not meet the experience requirements
must meet technical requirements.
D. Monitor quality control over suppliers, manufacturers, Products, services, site
conditions, and workmanship, to produce Work of specified quality.
E. Comply fully with manufacturers' instructions, including each step in sequence.
F. Should manufacturers' instructions conflict with Contract Documents, request
clarification from Engineer before proceeding.
G. Comply with specified standards as a minimum quality for the Work except when
more stringent tolerances, codes, or specified requirements indicate higher
standards or more precise workmanship.
H. Perform work by persons qualified to produce workmanship of specified quality.
I. Secure Products in place with positive anchorage devices designed and sized to
withstand stresses, vibration, physical distortion, or disfigurement.
1.03 REFERENCES
A. Conform to reference standard by date of issue current to date of Bid opening.
B. Should specified reference standards conflict with Contract Documents, request
clarification from Engineer before proceeding.
C. Contractual relationship of parties to the Contract shall not be altered from the
Contract Documents by mention or inference otherwise in any reference document.
1.04 MANUFACTURERS' FIELD SERVICES AND REPORTS
A. Require suppliers and manufacturers to provide a qualified technician for required
services as outlined by the individual equipment and material specification sections.
B. Submit qualifications of technician to Engineer 30 days in advance of required work.
Technician subject to approval of Engineer.
2204 -DY: Contract 3 1/30/2018 01450-1 Quality Control

C. Technicians shall report observations, site decisions, and instructions given to
Contractor, installers, and Owner's staff that are supplemental or contrary to
manufacturers' written instructions directly to the Engineer.
D. Submit test and start-up report as specified in Section, Submittal Procedures.
PART2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
2204 -DY: Contract 3 1/30/2018 01450-2 Quality Control

SECTION 01600
PRODUCT REQUIREMENTS
PART GENERAL
1.01 SECTION INCLUDES
A. Products.
B. Transportation and handling.
C. Storage and protection.
D. Product options.
E. Substitutions.
1.02 PRODUCTS
A. Products: Means new material, machinery, components, equipment, fixtures, and
systems forming the Work. Does not include machinery and equipment used for
preparation, fabrication, conveying, and erection of the Work. Products may also
include existing materials or components specified in the Contract Documents for
reuse.
1.03 TRANSPORTATION AND HANDLING
A. Transport and handle Products in accordance with manufacturer's instructions.
B. Ship fabricated assemblies in largest sections permitted by carrier regulations and
properly marked for ease of field erection.
C. Promptly inspect shipments to assure that Products comply with specified
requirements, quantities are correct, and Products are undamaged.
D. Provide equipment and personnel to handle Products by methods to prevent soiling,
disfigurement, or damage.
1.04 STORAGE AND PROTECTION
A. Keep on site storage of material to a minimum.
B. Store and protect Products in accordance with manufacturer's instructions in
unopened original packages, with seals and labels intact and legible. Store sensitive
Products in weather -tight, climate -controlled enclosures.
C. For exterior storage of fabricated Products, place on sloped supports, above
ground.
D. Provide off site storage and protection when site does not permit on site storage.
E. Cover Products subject to deterioration with impervious sheet covering. Provide
ventilation to avoid condensation.
F. Store loose granular Products on solid flat surfaces in a well -drained area. Prevent
mixing with foreign matter.
G. Arrange storage of Products to permit access for inspection. Periodically inspect to
assure Products are maintained under specified conditions.
2204 -DY: Contract 3 1/30/2018 01600-1 Product Requirements

1.05 DAMAGED PRODUCTS
A. Remove damaged Products from Project site.
1.06 PRODUCT OPTIONS
A. Products Specified by Reference Standards: Product meeting standard and specific
requirements of these specifications.
B. Products Specified by Naming One or More Manufacturers: Products of
manufacturers named and meeting specifications, no options or substitutions
allowed.
C. Products Specified by Naming Three Manufacturers with an "or equal' Provision for
Substitutions: Submit a request for substitution for manufacturer not named during
the shop drawing submittal.
1.07 SUBSTITUTIONS
A. Engineer will consider requests for Substitutions for items not listed in Section,
Equipment Materials List or included in the Bid Form Attachment, during the regular
shop drawing submittal process. Submit "or approved substitute" Products listed on
the Equipment Materials within thirty (30) days from the date of Owner -Contractor
Agreement.
B. Substitutes shall not be allowed from the list submitted with the Bid Form, except for
the following reasons:
1. Item of equipment is no longer available.
2. "Or approved substitute" product is not approved by Engineer.
C. Submit the following information for review and approval by Engineer of "or
approved substitute" pieces of equipment as listed in the Equipment Materials List:
1. Name of product.
2. Name of manufacturer.
3. List a minimum of five (5) similar installations.
4. Length of experience in the manufacturer of the specified equipment.
5. Basic product data.
6. Identify variations in methods and materials of construction, mode of operation,
and performance characteristics of the "or approved substitute" Product from
the named manufacturers equipment.
7. Additional information as required by Engineer to verify the "or approved
substitute" ability of the proposed equipment.
D. Substitution submittal procedure for products not on Equipment Material List or Bid
Form Attachment during shop drawing review:
1. Submit written request for substitution with shop drawing submittal.
2. Submit data outlined in paragraph "C" above.
3. Submit number of copies as required by the shop drawing submittal.
4. Submit shop drawings, product data, and certified test results attesting to the
proposed product equivalence as required by the specifications.
E. Requests for substitutions constitutes a representation that Contractor:
1. Has investigated proposed product and determined that it meets or exceeds the
quality level of specified product.
2. Shall provide the same warranty for Substitution as for specified product.
3. Shall coordinate installation and make changes to other Work which may be
required for Work to be complete with no additional cost to Owner.
2204 -DY: Contract 3 1/30/2018 01600-2 Product Requirements

4. Waives claims for additional costs or time extension that may subsequently
become apparent.
5. Shall reimburse Owner for review associated with reapproval by authorities.
F. Additional requirements are indicated in Section, Quality Control, Article 1.02.
G. Engineer is sole judge of equality for proposed "or approved substitute" equipment.
Should an "or approved substitute" item be rejected by Engineer, Contractor is
responsible for providing the specified equipment without an increase in Contract
Price or Time.
H. Substitutions will not be considered without separate written request, or when
acceptance will require revision to the Contract Documents.
1.08 SUBSTITUTIONS
A. Engineer will consider requests for Substitutions only within 30 days after date of
Owner -Contractor Agreement.
B. Substitutions may be considered when a product becomes unavailable through no
fault of the Contractor.
C. Document each request with complete data substantiating compliance of proposed
Substitution with Contract Documents.
D. Request constitutes a representation that Contractor:
1. Has investigated proposed product and determined that it meets or exceeds the
quality level of the specified product.
2. Shall provide same warranty for Substitution as for specified product.
3. Shall coordinate installation and make changes to other Work which may be
required for the Work to be complete with no additional cost to Owner.
4. Waives claims for additional costs or time extension that may subsequently
become apparent.
5. Shall reimburse Owner for review or redesign services associated with
reapproval by authorities.
E. Substitutions will not be considered when they are indicated or implied on shop
drawing or product data submittals, without separate written request, or when
acceptance will require revision to the Contract Documents.
F. Substitution Submittal Procedure:
1. Submit three copies of request for Substitution for consideration. Limit each
request to one proposed Substitution.
2. Submit shop drawings, product data, and certified test results attesting to
proposed product equivalence.
3. Engineer will notify Contractor, in writing, of decision to accept or reject request.
PART2 PRODUCTS
Not Used
2204 -DY: Contract 3 1/30/2018 01600-3 Product Requirements

PART 3 EXECUTION
Not used
END OF SECTION
2204 -DY: Contract 3 1/30/2018 01600-4 Product Requirements

SECTION 01700
EXECUTION REQUIREMENTS
PART GENERAL
1.01 SECTION INCLUDES
A. Examination.
B. General installation provisions.
C. Cleaning and protection.
D. Final inspection and tests.
E. Adjusting.
F. Close-out procedures.
1.02 EXAMINATION
A. Verify that existing site conditions and substrate surfaces are acceptable for
subsequent Work. Beginning new Work means acceptance of existing conditions.
B. Verify that existing substrate is capable of structural support or attachment of new
Work being applied or attached.
C. Examine and verify specific conditions described in individual specifications
sections.
D. Verify that utility services are available, of the correct characteristics, and in the
correct locations.
1.03 GENERAL INSTALLATION PROVISIONS
A. Require Installer of each major component to inspect conditions under which Work
is to be performed. Clean substrate surfaces prior to applying next material or
substance. Do not proceed until unsatisfactory conditions have been corrected.
B. Comply with manufacturer's recommendations to the extent that they are more
explicit or stringent than requirements contained in Contract Documents.
C. Check dimensions before starting each installation.
D. Install each component during weather conditions and Project status that will ensure
the best possible results. Isolate each part of the completed construction from
incompatible material as necessary to prevent deterioration.
1.04 FINAL INSPECTION AND TESTS
A. Complete punch list items within 30 days of receipt from Engineer. Owner may have
work not completed within 30 days performed by others with the cost deducted from
Contractor's final payment. Additional engineering and inspection services required
as a result of Contractor not completing punch list within 30 days shall be at
Contractor's expense.
1.05 CLOSE-OUT PROCEDURES
A. Submit written certification that Contract Documents have been reviewed, Work has
been inspected, and is complete in accordance with Contract Documents and ready
for Engineer's inspection.
2204 -DY: Contract 3 1/30/2018 01700-1 Execution Requirements

B. Provide submittals to Engineer that are required by governing or other authorities.
C. Submit set of Record Documents indicating changes during construction as required
in Section, Submittal Procedures.
D. Submit final Application for Payment identifying total adjusted Contract Sum,
previous payments, and final amount due.
E. Submit the following with final Application for Payment:
1. Affidavit of Release of Liens
2. Consent of Surety for Final Payment
3. Affidavit of Payment of Debts and Claims
4. Final Certified Payroll Information
PART2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
2204 -DY: Contract 3 1/30/2018 01700-2 Execution Requirements

SECTION 02230
CLEARING AND GRUBBING
PART GENERAL
1.01 SECTION INCLUDES
A. Work shall include, but not be limited, to the following:
1. Access roads.
2. Clearing and grubbing.
3. Removal of surface debris.
4. Temporary and permanent ground cover.
1.02 RELATED SECTIONS
A. The following Sections have work that is directly related to this Section. This does
not relieve the Contractor of his responsibility of proper coordination of all the work:
1. Section 02370 Erosion Control
2. Section 02920 Lawns and Grasses.
1.03 WARRANTY AND FINES
A. Contractor is liable for damages to public and private property and fines as may be
placed on the Project by the governing agencies due to failure to provide adequate
erosion control devices.
PART2 PRODUCTS
Not Used
PART 3 EXECUTION
3.01 PROTECTION
A. Take reasonable care during construction to avoid damage to vegetation outside of
the construction limits. Temporarily tie back ornamental shrubbery and tree
branches, where appropriate, to minimize damage. Trees that receive damage to
branches shall be trimmed of those branches to improve the appearance of the tree.
Treat tree trunks damaged by equipment with a tree dressing.
B. Locate and protect property corners and survey control stakes prior to start of
clearing operations.
C. Provide temporary gates and fences as necessary to prevent unauthorized vehicular
access to the site.
D. Mark clearing limits.
E. Refer to paragraph 4.04 of the General Conditions and 4.04.A.2 of the
Supplementary Conditions concerning the protection of Underground Facilities.
3.02 ACCESS ROADS AND STAGING AREA
A. Clear for access roads.
2204 -DY: Contract 3 1/30/2018 02230-1 Clearing and Grubbing

B. Limit clearing and grubbing for access roads to a maximum width for two-way traffic
of 30 feet for 20 -foot drive and 5 foot shoulders.
C. Access roads shall have the following:
1. Provide "Temporary Construction Entrance" per the standard detail on the
Drawings at connection to State Roads.
2. 6 inches of ABC stone.
3. Provide temporary seeding of shoulders as access drives are installed.
4. Provide storm pipes under drives at points of concentrated water flow.
D. Clear for a staging area as indicated on the Drawings. Total area to be cleared shall
be approved by the Engineer. Area for parking and storage of material shall have 6
inches of ABC stone.
E. Allow reasonable use of access drive by other Contractors, Owner, Engineer, and
others authorized to be on the site by the Owner.
F. When no longer required remove stone and restore access drives and staging area
to original contours. Scarify and seed access drives and staging areas.
3.03 INSTALL EROSION CONTROL DEVICES
A. Clear areas required to install erosion control devices, which shall be in place and
operational prior to other land disturbing activity. Install erosion control devices in
accordance with Section, Erosion Control.
3.04 BORROW AND DISPOSAL AREAS
A. Obtain and pay for erosion control permit for borrow and disposal areas as required
by Contractor.
B. Install and maintain erosion control devices in accordance with Contractor's
approved plan.
3.05 CLEARING AND GRUBBING
A. Clear total width of permanent easement. Clear within temporary construction
easement only as necessary for construction.
B. Grub within the permanent easement only as necessary for the installation of the
work. Do not grub within the temporary construction easement.
C. Clear and grub area within the construction limit and easements unless noted
otherwise.
D. Clearing shall consist of cutting and removal of vegetation to the existing ground
surface and removal of debris. Debris shall include, but not be limited to, fences,
steps, walls, chimneys, footings, foundation slabs, basements, signs, junked
vehicles, and other rubble.
E. Grubbing shall consist of the removal of roots over 3 inches in diameter, matted
roots, stumps, and other vegetable matter to 12 inches below existing grade.
F. Do not precede grading operation by grubbing operation by more than seven days.
G. When the depth of embankment exceeds 6 feet, cut sound stumps off at the existing
ground level and do not grub. Remove decayed stumps to a depth of approximately
2 feet below the existing grade.
H. Fill holes and depressions and bring cleared and grubbed area to a uniform contour
to match existing grade. Provide positive drainage.
2204 -DY: Contract 3 1/30/2018 02230-2 Clearing and Grubbing

Remove and properly dispose of cleared and grubbed material from the site. Make
reasonable effort to channel timber resulting from clearing operations into a
beneficial use.
Burning shall not be permitted at the site.
END OF SECTION
2204 -DY: Contract 3 1/30/2018 02230-3 Clearing and Grubbing

SECTION 02300
EARTHWORK
PART GENERAL
1.01 SECTION INCLUDES
A. Provide labor, equipment, and material to perform site preparation and earthwork as
specified herein and indicated on the Drawings. Work shall include, but is not limited
to, the following:
1. Survey staking as required for construction.
2. Topsoil stripping and stockpiling.
3. Dewatering.
4. Protection of existing facilities.
5. Site grading.
6. Borrow material including, but not limited to, material, excavating, hauling,
placing, and compacting.
7. Maintenance and stability of site.
8. Disposal of waste and surplus material.
B. Examine the site to determine the extent of excavating, grading, and related items
necessary to complete the work.
1.02 RELATED SECTIONS
A. The following Sections have work that is directly related to this Section. This does
not relieve the Contractor of his responsibility of proper coordination of all the work:
1. Section 02230 Clearing and Grubbing
2. Section 02370 Erosion Control
1.03 MEASUREMENT AND PAYMENT PROCEDURES
A. The following work shall be paid by the unit price as indicated in the Bid Form:
1. Undercut of unsuitable material: Cu Yd
2. Repair of soils in place: Sq Yd
B. Unit price work shall be approved by the Engineer prior to proceeding with the work.
Take measurements for determination of unit price quantities in the presence of the
Engineer. Maintain daily log sheets of measured quantities. Log sheets must be
signed by Engineer and submitted with payment request. Payment shall not be
made for unit price quantities that have not been verified by the Engineer.
C. Payment for the unit price items shall be for all labor, materials, equipment, and
services required or reasonably implied by the Contract Documents and shall
include, but not be limited to, the following:
1. Undercut of unsuitable material: Complete removal and disposal of undercut
material including, but not limited to, excavating, loading, hauling, and properly
disposing of excavated material. Providing satisfactory material for backfilling
shall include, but not be limited to, material, loading, hauling, placing and
compacting in accordance with these specifications.
2. Repair of soils in place: Price shall include disking of soil to the depth indicated
and to the specified compaction.
2204 -DY: Contract 3 1/30/2018 02300-1 Earthwork

1.04 REFERENCES
A. The latest revision, at the time of bidding, of the publications listed below form a part
of this specification to the extent referenced. The publications are referred to in the
text by basic designation only.
1. American Society of Testing Materials (ASTM)
a. C33 Concrete Aggregates.
b. D698 Moisture -Density Relations of Soils and Soil -Aggregate Mixtures
Using 5.5 -Ib (2.49 Kg) Rammer and 12 -inch Drop (Standard
Proctor).
c. D1556 Density of Soil in Place by the Sand -Cone Method.
d. D1586 Penetration Test and Spilt -Barrel Sampling of Soils.
e. D2167 Density and Unit Weight of Soil in Place by the Rubber Balloon
Method.
f. D2216 Laboratory Determination of Water (Moisture) Content of Soil,
Rock, and Soil -Aggregate Mixtures.
g. D2487 Classification of Soils for Engineering Purposes.
h. D2922 Density of Soil and Soil -Aggregate in Place by Nuclear Methods
(Shallow Depth).
1.05 DEFINITIONS
A. Backfill: A specified material used in refilling a cut, trench, or other excavation,
placed at a specified degree of compaction.
B. Capillary Water Barrier: A layer of clean, poorly graded crushed rock, stone, or
natural sand or gravel having a high porosity, which is placed beneath a building
slab with or without a vapor barrier to cut off the capillary flow of water to the area
immediately below the slab.
C. Compaction: Process of mechanically stabilizing a material by increasing its density
at a controlled moisture condition. "Degree of compaction" shall be expressed as a
percentage of the maximum dry density obtained by the test procedure presented in
ASTM D698 (Standard Proctor).
D. Excavation: The removal of soil or rock to obtain a specified depth or elevation.
E. Fill: Specified material placed at a specified degree of compaction to obtain an
indicated grade or elevation.
F. Hard Material: Solid, homogeneous material which are not included in the definition
of "rock" but which usually require the use of heavy excavation equipment with
ripper teeth. Material having a standard penetration resistance as determined by
ASTM D1586 60 and 150 blows per foot is defined as "hard material."
G. Lift: Layer of soil placed on top of a previously prepared or placed soil.
H. Rock: Solid, homogeneous material which cannot be removed without the
systematic drilling and blasting exceeding one (1) cubic yard in volume. Material
having a standard penetration resistance as determined by ASTM D1586 greater
than 150 blows per foot is defined as "rock." Removal of "hard material" will not be
considered rock excavation because of intermittent drilling and blasting that is
performed merely to increase production.
I. Soil classification shall be in accordance with ASTM D2487.
1. Satisfactory materials: Soils classified as GW, GP, GC, GM, SP, SC, SM, SW,
ML, and CL.
2204 -DY: Contract 3 1/30/2018 02300-2 Earthwork

2. Unsuitable materials: Soils considered as unsatisfactory shall be materials that
do not comply with the requirements of satisfactory above and include, but shall
not be limited to, the following:
a. Soil containing organic matter, debris, stones larger than 6 inches, or
frozen material. Stones greater than 4 inches will not be permitted in the
top 12 inches.
b. Soils classified as Pt, CH, MH, OH, and OL.
3. Cohesionless: Classified as GW, GP, SW, and SP. Soils classified as GM and
SM shall be classified as cohesionless only when the fines have a plasticity
index of less than 10.
4. Cohesive: Classified as GC, SC, ML, CL, MH, and CH. Soils classified as GM
and SM shall be classified as cohesive only when the fines have a plasticity
index greater than 10.
Subgrade: Lowest elevation upon which fill or other work will be placed in the
absence of unsuitable material.
K. Topsoil: Natural, friable soil, representative of productive soils in the vicinity of the
site. Topsoil shall be free from roots, stones larger than 1 inch, objectionable weed
seeds, toxic substances, and materials that hinder grading, planting, and
maintenance operations.
1.06 SUBMITTALS
A. Submit the following in accordance with Section, Submittal Procedures:
1. Catalog Data: Submit manufacturer's standard drawings or catalog cuts for the
following.
a. Structural fabric.
2. Manufacturer's Installation Procedures.
a. Structural fabric
3. Test Reports: Submit for the following:
a. Moisture -density relations of soils.
b. Field moisture content.
c. Soil classification.
d. In-place field density.
e. Geotechnical engineer's daily field reports.
4. Permits
a. Erosion control permits for borrow and disposal site(s).
PART2 PRODUCTS
2.01 MATERIAL
A. Capillary water barrier: A clean crushed stone, crushed gravel, or uncrushed gravel
conforming to ASTM C33 coarse aggregate grading size 57, 67, or 7.
B. Stone Base: A clean crushed stone, crushed gravel, or uncrushed gravel
conforming to ASTM C33 coarse aggregate grading size ABC
C. Structural Fabric: Provide structural fabric specifically designed and manufactured to
stabilize soft soils under an aggregate base for roads and parking areas. Fabric
shall provide a permeable layer, planar flow, and tensile reinforcement for retaining
the soil matrix. Fabric shall be inert to commonly encountered chemicals,
hydrocarbons, resistant to mildew, rot, and ultraviolet light exposure, and meet or
exceed the following test standards:
2204 -DY: Contract 3 1/30/2018 02300-3 Earthwork

1.
Test
ASTM
2.
Fabric weight (oz / sq yd)
D-1910
6
3.
Grab tensile strength (lbs.)
D-1682
200
4.
Mullen burst strength (psi)
D-3786
320
5.
Puncture strength (lbs.)
D-751
80
PART 3 EXECUTION
3.01 GENERAL
A. Provide erosion control measures as specified in Section, Erosion Control and
clearing and grubbing as specified in Section, Clearing and Grubbing.
B. Protect existing structures and features to remain.
C. Dispose of excavated material in such a manner that it will not obstruct the water
flow, endanger existing improvements or Work in progress, impair the use or
appearance of the existing facilities, or be detrimental to the completed Work.
D. Weather Limitations: Proceed with fill and backfill operations based on the following
weather conditions:
1. Temperature must be above freezing.
2. In windy, hot, or arid conditions with a high rate of evaporation add moisture to
the material to maintain the optimum moisture content.
3. Do not proceed in rain or on saturated subgrade.
E. Repair or undercut and backfill soils that become damaged by construction activity
or unsuitable due to being left exposed to the weather at no additional cost.
F. Do not place material on surfaces that are muddy, frozen, or contain frost.
G. Excavation carried below the elevation indicated on the Drawings shall be backfilled
and compacted in accordance with these specifications.
H. Remove and properly dispose of unsatisfactory and excess material from the site.
3.02 CONSTRUCTION STAKING
A. Provide construction staking. Owner will provide key reference points and
benchmarks for construction, which in the Engineer's judgment are necessary to
enable Contractor to proceed with the Work. Contractor shall be responsible for
laying out the Work as necessary for construction. Contractor shall protect and
preserve the established reference points and property monuments.
B. Contractor shall report to Engineer whenever a reference point or property
monument is lost or destroyed or requires relocation because of necessary changes
in grades or locations. Contractor shall be responsible for the accurate replacement
or relocation of such reference points or property monuments by a registered
professional surveyor in the State of North Carolina.
3.03 PROTECTION OF UNDERGROUND FACILITIES
A. Refer to paragraph 4.04 of the General Conditions and 4.04.A.2 of the
Supplementary Conditions concerning the protection of Underground Facilities.
B. Investigate underground facility locations prior to the start of construction.
C. Repair damage to existing facilities at no additional cost to the Owner.
2204 -DY: Contract 3 1/30/2018 02300-4 Earthwork

D. A change in conditions may be considered due to the location of the existing
facilities as allowed in the General Conditions. This does not include the cost for
repair of damaged facilities not properly located in advance of construction.
3.04 WATER CONTROL
A. Inspect the site prior to mobilizing to determine the appropriate equipment for site
grading and foundation work.
B. Perform work to prevent surface water from accumulating in excavations, and
unfinished fill areas. Perform grading and excavation so the work area and affected
operations shall be continually and effectively drained.
C. Water from dewatering operations must be disposed of in accordance with the North
Carolina Sedimentation Pollution Control Act.
3.05 USE OF EXPLOSIVES
A. Explosives may not be used on the Project.
3.06 TOPSOIL
A. Strip topsoil from areas to be disturbed to a depth of 8 inches and stockpile separate
from other excavated material. Locate topsoil so that the material can be used
readily for the finished grading. Protect and maintain topsoil until needed. Place
topsoil after completion of work in accordance with Section, Lawns and Grasses.
B. Perform stripping with wide track dozer or other appropriate equipment to minimize
disturbance to subgrade soils. Do not use rubber -tired equipment.
3.07 SITE GRADING
A. Perform undercutting of unsuitable soils with a backhoe top loading dump truck or
similar equipment approved for the use by the Engineer. Backfill undercut areas
immediately.
B. In undercut areas where the exposed soils may be wet and compaction of the initial
fill may be difficult, a bridge lift of about 18 to 24 inches may be allowed at the
direction of the Engineer.
C. In -Place repair shall consist of discing and recompaction of existing soils to a depth
of approximately 12 inches.
D. At the direction of the Engineer provide a structural fabric for stabilization of
unsuitable soil areas. Install fabric in accordance with the manufacturer's
recommendation and the following minimum requirements.
1. Provide a fabric overlap of 24 inches.
2. Back dump and spread aggregate over fabric at the aggregate specified
thickness.
3. Compact aggregate with vibratory roller prior to allowing additional construction
traffic.
E. Site grading shall be unclassified except as specifically indicated otherwise. Perform
grading within the limits of the Project. Finished surface shall conform to the grades
and cross sections indicated on the Drawings and be uniformly sloped for a positive
drainage away from structures.
F. Excavate rock encountered in cut sections to a depth of 6 inches below finished
subgrade and backfill with satisfactory material.
2204 -DY: Contract 3 1/30/2018 02300-5 Earthwork

G. Scarify the existing subgrade surface to a minimum depth of 6 inches and
recompact if subgrade density is less than the degree of compaction for the
proposed fill material. Plow or bench existing ground surfaces steeper than one
vertical to four horizontal in such a manner that the fill material will bond with or be
keyed to the existing surface. Use compaction equipment suitable for the soil being
compacted. Moisten or aerate material as necessary to obtain the optimum moisture
content within plus or minus one percent to obtain specified compaction.
H. Soils used for fill and backfill shall be satisfactory soils classified SP, SM, or SW in
accordance with ASTM D2487. Dry or wet soil as necessary to maintain optimum
moisture.
Place backfill and fill material in accordance with the following:
1. Maximum uniform loose lifts: 8 inches
2. Optimum moisture content: 11 - 14 percent
3. Percent compaction at optimum moisture content:
a. From ex. grade to within one (1) foot of struc. subgrade: 95
b. Final foot to subgrade under floor slabs and pavements: 98
c. Under sidewalks and grass areas: 90
J. Approved compacted subgrade that is disturbed by construction or adverse weather
shall be scarified and re -compacted as specified previously. Re -compaction over
utilities shall be by hand tamping.
3.08 FILL AND BACKFILL
A. Place and compact fill and backfill material adjacent to structures in a manner that
prevents wedging and eccentric loading on or against structures. Do not use
equipment adjacent to structures that may overload structure. Backfill against
structure only after concrete has attained the specified 28 -day compressive
strength.
3.09 BORROW MATERIAL
A. Provide borrow material required for fill and backfill to bring the site to the elevations
indicated on the Drawings. Borrow material shall be subject to the approval of the
Engineer. Notify Engineer as to the site selected for inspection and approval prior to
transporting borrow material to the site.
B. Obtain erosion control permit as necessary for borrow pit grading operations.
C. Provide soil analysis for each type of material from proposed borrow pit(s) for
Engineer's approval prior to placing borrow material. Contractor shall do necessary
work to bring the borrow material to within plus or minus 1-1/2 percent of the
optimum moisture content. A minimum of one sample per structure shall be
obtained for analysis.
3.10 MAINTENANCE AND STABILITY
A. Maintain fills and embankments to the grade and cross section indicated on the
Drawings until the final completion and acceptance of the Project. Repair areas that
are damaged.
3.11 DISPOSAL OF SURPLUS MATERIAL
A. Dispose of surplus material not required or unsuitable for filling, backfilling, or
grading in an approved spoil area in accordance with local ordinances.
B. Obtain erosion control permit as necessary for disposal site(s).
2204 -DY: Contract 3 1/30/2018 02300-6 Earthwork

END OF SECTION
2204 -DY: Contract 3 1/30/2018 02300-7 Earthwork

SECTION 02370
EROSION CONTROL
PART GENERAL
1.01 SECTION INCLUDES
A. Work shall include, but not be limited to, the following:
1. Erosion control at project site.
2. Erosion control at borrows and disposal areas as required by Contractor. Cost
shall include erosion control permits as necessary for borrow and disposal
areas.
3. Removal of surface debris.
4. Temporary and permanent ground cover.
5. Maintain and remove erosion control devices.
6. Self -Inspection and Monitoring
1.02 RELATED SECTIONS
A. The following Sections have work that is directly related to this Section. This does
not relieve the Contractor of his responsibility of proper coordination of all the work:
1. Section 02920 Lawns and Grasses
1.03 REFERENCED STANDARDS
A. "Erosion and Sediment Control Planning and Design Manual," issued by the N. C.
Sedimentation Control Commission.
1.04 QUALITY ASSURANCE
A. Conform to rules and regulations of the Erosion Control Laws of the State of North
Carolina, specifically the Sedimentation Pollution Control Act of 1973 (G.S. 113A) as
amended, and the local jurisdiction where the project is located.
B. Provide permanent ground cover as soon as possible, and no later than 15 working
days after completion of work in a specific area.
1.05 WARRANTY
A. Contractor is liable for damages to public and private property and fines as may be
placed on the Project by the governing agencies due to failure to provide adequate
erosion control devices.
PART2 PRODUCTS
2.01 MATERIALS
A. Matting / Erosion Control Fabric (ECF): Matting and ECF shall be a 70% straw and
30% coconut blanket encased in a medium weight plastic netting (both sides).
Matting shall be fully degradable but suitable until vegetation has been established.
Installation of ECF shall be done with staples per temporary liner detail in the
construction drawings. Commercially available ECFs may be used upon approval of
the engineer. Approval of fabrics will require manufacturer's design data regarding
velocity, shear strength, ditch slopes, method of installation, decay cycle, repair
techniques, and grass growth enhancement characteristics.
2204 -DY: Contract 3 1/30/2018 02370-1 Erosion Control

B. Wire Staples: 16 gauge steel wire, with minimum of 3" top and 4" long legs.
C. Gravel for Stone Filters: #57 crushed stone.
D. Filter Fabric: 7-1/2 oz. burlap fabric or other silt filtering fabric.
E. Riprap:
1. Class A: Stone shall conform to NCDOT standards and shall range in size from
2 to 6 -inches with the stone gradation being equally distributed within the
required size range.
2. Class B: Stone shall conform to NCDOT standards and shall range in size from
5 to 12 -inches with the stone gradation being equally distributed within the
required size range.
3. Type 1: Stone shall conform to NCDOT standards and shall range in size from
5 to 17 -inches with the stone gradation being equally distributed within the
required size range.
PART 3 EXECUTION
3.01 INSTALL EROSION CONTROL DEVICES
A. Install erosion control devices, which shall be in place and operational prior to other
land disturbing activity.
B. After installing erosion control devices as indicated on the Drawings, verify that
reasonable measures have been taken to prevent the sedimentation of nearby
watercourses, existing and new facilities, and adjacent property.
C. Should Contractor believe that additional measures are necessary to adequately
prevent erosion, immediately notify Engineer. If rain is predicted before the Engineer
can be notified, take measures as necessary to prevent siltation of nearby water
courses and work will be paid for as provided in the General Conditions.
D. After installing erosion control devices, request an inspection by the local agency
having jurisdiction and the Engineer.
E. Incorporate permanent erosion control work into the project at the earliest
practicable time. Coordinate temporary erosion control measures with permanent
erosion control measures and other work on the project to assure effective and
continuous erosion control throughout the construction and post construction period.
F. Maintain erosion control devices during construction until the disturbed areas are
stabilized and the agency having jurisdiction and the Engineer have approved the
removal of the erosion control devices.
3.02 BORROW AND DISPOSAL AREAS:
A. Obtain and pay for erosion control permit for borrow and disposal areas as required
by Contractor.
B. Install and maintain erosion control devices in accordance with Contractor's
approved plan.
3.03 MAINTENANCE
A. Inspect erosion control devices after each rainfall. Make required repairs
immediately. Remove sediment deposits when deposits reach approximately one-
half of the capacity of the erosion control device.
2204 -DY: Contract 3 1/30/2018 02370-2 Erosion Control

B. Respread accumulated sediments on the project site in a manner that will not
adversely affect erosion control facilities and permanent ground cover.
C. Silt Fence: Should the filter fabric decompose or become ineffective before approval
of its removal by the Engineer, replace fabric immediately at no additional cost to
the Owner.
D. Temporary Construction Entrance: Maintain entrance in a condition that will prevent
tracking or flow of mud onto public rights-of-way. This may require periodic top
dressing with 2 inches of stone, as conditions require, at no additional cost to the
Owner.
3.04 SEEDING
A. Disturbed areas not covered by new construction shall be seeded.
B. Provide temporary and permanent seeding in accordance with Section, Lawns and
Grasses.
3.05 STABILIZATION AND CLEAN-UP
A. Remove erosion control devices upon the approval of the permanent stabilization of
this site by the agency having jurisdiction of the area and the Engineer. Dress
sediment deposits remaining in place after the erosion control devices are removed
to conform to the existing grade, prepared and seeded. Include cost of removal and
cleanup in the cost of the installation of the device.
3.06 SELF INSPECTION AND MONITORING
A. Provide self -inspection and reporting as required by the Sedimentation Pollution
Control Act for the duration of the project. These inspections will performed to
ensure that the approved sedimentation and erosion control measures on the
Drawings are installed, maintained, and working adequately.
1. The inspections need to be conducted after each phase of the project, and
continue until permanent ground cover is established.
2. The self -inspection forms and information regarding this program are available
at the following website: htt ://de .nc. ov/about/divisions/ener -mineral-land-
resources/erosion-sediment-control/forms
3. Documentation of inspections shall be recorded on a single copy of the
drawings. These Drawings and inspection reports shall be made available at
the project site.
END OF SECTION
2204 -DY: Contract 3 1/30/2018 02370-3 Erosion Control

SECTION 02833
STEEL SHEET PILE RETAINING WALL
PART GENERAL
1.01 SCOPE
A. The work shall consist of furnishing and placing the specified kinds and types of
piles at the locations to lines and grades shown on the drawings.
1.02 REFERENCE
A. Publications are referred to in the text by basic designation only.
1. American Society for Testing and Materials (ASTM)
a. A36 Standard Specification for Carbon Steel.
b. A53 Standard Specification for Pipe, Steel, Black and Hot -Dipped,
Zinc -Coated, Welded and Seamless.
c. A328 Standard Specification for Steel Sheet Piling.
d. A572 Standard Specification for High -Strength Low -Alloy Columbium -
Vanadium Structural Steel.
2. A690 Standard Specification for High -Strength Low -Alloy Nickel, Copper,
Phosphorus Steel H -Piles and Sheet Piling with Atmospheric Corrosion
Resistance for Use in Marine Environments.
3. A1011/A1011M Specification for Steel, Sheet and Strip, Hot -Rolled, Carbon,
Structural, High -Strength Low -Alloy and High -Strength Low -Alloy with Improved
Formability.
4. American Welding Society (AWS): D1.1, Structural Welding Code -Steel.
1.03 DELIVERY, STORAGE, AND HANDLING
A. Check the materials upon delivery to assure proper material has been received.
B. Protect the materials from damage. Damaged material shall not be incorporated into
the project.
C. Do not subject piles to damage by impact bending stresses in transporting to and
storing piles onsite.
D. Store and handle piles such that corrosion protection coating will not be damaged.
1.04 SUBMITTALS
A. Submit the following in accordance with Section, Submittal Procedures:
a. Provide qualifications of proposed sheet pile installer.
b. Contractor shall provide information from the manufacturer that indicates
the sheet piling meets or exceeds the Specifications listed in this section.
c. Contractor shall submit verification form the manufacturer that the hammer
can deliver the required energy.
d. Splice locations, if necessary, shall be reviewed and accepted by the
Engineer prior to installation.
2204 -DY: Contract 3 2/1/2018 02832-1 Retaining Wall

PART 2 MATERIALS
2.01 STEEL SHEET PILE
A. Steel sheet pile shall conform to the requirements of ASTM Designation A328. The
minimum section modulus, weight, shape, and size of piles shall be as shown on the
drawings.
B. Steel corners, tees, wyes, and crosses shall meet the requirements of ASTM A328
or ASTM A690.
C. Steel sheet piles required for the project shall be the type and weight shown on the
drawings. Sheet piling shall be constructed with a weathering finish.
1. Additional length beyond those indicated on the drawings may be required to
provide for trimming of tops of sheet piling.
D. The interlocks between steel sheet pile sections shall be configured such that the
average width of the annular space between all contact points of the interlocks shall
be a maximum of one -eight (1/8) inch, as determined by Engineer.
E. Steel sheet piles and interlocks shall not have excessive kinks, camber or twist that
would prevent the pile from reasonably free sliding to grade.
F. All fabricated connections shall be made with the use of angles or bent plates, as
necessary and shall be adequately welded or connected with high strength bolts as
accepted by Engineer.
G. Handling Holes:
1. If handling holes are provided, they shall be two (2) standard and nine -sixteenth
(2-9/16) inch diameter handling holes located six (6) inches from one end.
2. The holes shall be plugged by welding a piece of steel over the hole prior to
installing any riprap, backfill or drop structure cap.
3. The plated hole shall be watertight.
PART 3 WALL CONSTRUCTION
3.01 INSTALLATION
A. General:
1. All welding or gas cutting shall be in accordance with the current standards of
the American Welding Society.
2. Virtual refusal:
a. Steel sheet piling shall be driven to the depths shown on the drawings or to
virtual refusal.
b. Virtual refusal is defined as ten (10) blows per inch with an approved pile
hammer.
c. A pile hammer shall be used to determine virtual refusal.
d. The hammer shall be operating at the manufacturer's recommended stroke
and speed when virtual refusal is measured.
B. Sheet Pile Driving:
1. Steel sheet piling shall be assembled before driving and then driven as a
continuous wall, progressively in stages to keep the piles aligned correctly and
minimize the danger of breaking the interlock between the sheets.
2. Steel sheet piling shall be driven to form a tight bulkhead.
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3. A driving head shall be used and any piling which is damaged in driving or
which has broken interlocks between sections shall be pulled and replaced as
Contractor's expense.
4. The piling shall be driven within the following tolerances:
a. Alignment:
1) Tops of sheet pile sections shall be within a tolerance of one (1) inch
from plan elevations.
2) Contractor shall not be paid for excess sheet pile trimmed off the end
of the pile to meet final grade.
C. Contractor shall brace and/or provide soil grading as necessary during construction
operations in order to provide lateral stability for the sheet pile wall. The sheet pile
wall has been designed for the soil grades of the final configuration denoted on the
Drawings only. Other temporary configurations during the construction period shall
not be allowed.
D. Care shall be taken during driving to keep from causing deformations of the top of
the piles, splitting of section, or breaking of the interlock between sections. Care
shall also be taken during driving to prevent and correct any tendency of steel sheet
piles to twist or get out of plumb.
E. Steel Z piling shall be driven with the ball -end leading. Proper care and planning
shall be used to allow for this construction procedure in both immediate and
possible future walls.
F. Alternate Z piles shall be reversed end for end for proper interlocking in the "normal"
position. Piles shall be aligned properly to maintain a "normal" driving width.
G. For sheet piles driven into the native soils, pre -drilled soils, or excavated soils a
vibratory driver may be used as long as the required depth is obtained.
H. For sheet piles driven into bedrock, an approved hammer utilizing a minimum
hammer energy of 19,000 foot-pounds per square inch of steel section shall be used
to obtain the required depth or virtual refusal. The hammer shall be clearly marked
so that it can be identified at the job site.
I. Steel sheet pile that is full length as shown on the drawings and is required to be
driven below the specified cutoff elevation shall be spliced with additional steel
sheet piling with a full penetration butt weld.
END OF SECTION
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SECTION 02920
LAWNS AND GRASSES
PART GENERAL
1.01 SECTION INCLUDES
A. Work shall include, but not be limited to, the following:
1. Surface preparation of subsoil.
2. Placing topsoil.
3. Addition of lime and fertilizer.
4. Seeding.
5. Maintenance to produce a permanent stand of grass.
1.02 PAYMENT PROCEDURES
A. Base bid for the work on the specified quantities of lime, fertilizer, and seed. After
the specified soil tests have been made, Engineer may vary specified quantities.
Should the actual quantities applied in the field vary appreciably from those
specified, an adjustment in the contract price may be made.
1.03 REFERENCES
A. N.C. Department of Agriculture - NCDA
B. U.S. Department of Agriculture - USDA
1.04 PERFORMANCE REQUIREMENT
A. Grassed area shall be considered established when it presents a green appearance
from eye level 50 feet away and the grass is vigorous and growing well in each
square foot of seeded area. It is not required that the seeded area be thick and
heavy as an old established lawn.
B. Should the permanent seed not germinate and produce a strand of grass, reseed
affected areas until a permanent stand is established.
1.05 SUBMITTALS
A. Not less than 6 weeks prior to seeding, obtain representative soil samples from
areas to be seeded and deliver the properly packaged samples with an information
sheet for each sample properly filled out to the Soils Division of the NC Department
of Agriculture or a private laboratory. Based on the test results, submit to the
Engineer a recommendation as to the quantity and type of lime, fertilizer and seed
for the area covered by the test.
1.06 QUALITY ASSURANCE
A. Quality of fertilizer, lime, and seed, and operations in connection with the furnishing
of this material, shall comply with the requirements of the N.C. Fertilizer, Lime and
Seed Law; and with the requirements of the rules and, regulations adopted by the
NC Department of Agriculture in accordance with the provisions of the said law.
B. Seed containers shall bear an official "Certified Seed" label as inspected by the N.C.
Crop Improvement Association.
C. Packages for soil conditioners and fertilizer shall bear manufacturer's guaranteed
analysis.
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D. Do not apply lime, fertilizer or seed in strong wind, when the soil is extremely wet, or
otherwise unworkable. No rolling shall be done if precipitation after seeding would
make the operation detrimental to the seed bed.
1.07 DELIVERY, STORAGE, AND PROTECTION
A. Deliver grass seed mixture in sealed containers showing percentage of seed mix,
year of production, net production, net weight, date of packaging, and location of
packaging.
B. Deliver fertilizer in waterproof bags showing weight, chemical analysis, and name of
manufacturer.
1.08 MAINTENANCE SERVICE
A. Maintain seeded areas until grass is well established and exhibits a vigorous
growing condition for a minimum of two cuttings. Mow grass at regular intervals to a
maximum height of 3 inches. Hand clip where necessary.
B. Control growth of weeds. Apply herbicides in accordance with manufacturer's
instructions.
C. Water areas seeded between May 1 and July 15 at such intervals as to maintain the
seeded area in a moist condition until the grass is established and accepted by the
Engineer. Provide equipment to transport and distribute the water to the seeded
areas. Areas seeded between September 1 and November 1 need not be irrigated
beyond the initial watering specified above except that the Contractor may apply
water at his own discretion.
PART2 PRODUCTS
2.01 MATERIALS
A. Topsoil: Fertile, agricultural soil, typical for locality, capable of sustaining vigorous
plant growth, taken from drained site; free of subsoil, clay or impurities, plants,
weeds, and roots; pH value of minimum 5.4 and maximum of 7.0.
B. Lime: Ground Dolomitic agricultural limestone, not less than 85 percent total
carbonates, ground so that 50 percent passes 100 mesh sieve and 90 percent
passes 30 mesh sieve. Coarser material will be acceptable, provided the specified
rates of application are increased proportionately on the basis of quantities passing
No. 100 mesh sieve.
C. Fertilizer: Mixed, commercial, fertilizer containing 10-10-10 percentages of available
nitrogen, phosphoric acid, and potash respectively, plus superphosphate with 20
percent P2O5 content. Fertilizer shall be dry, in granular (pellet) form, shall be
delivered to the site in the manufacturer's original bag or container which shall be
plainly marked as to formula.
D. Seed: Fresh seed guaranteed 95 percent pure with a minimum germination rate of
85 percent within one year of tests. Provide the following seed mixtures with lime
and fertilizer in disturbed areas including NCDOT Rights -of -Way:
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1. Temporary Seeding
Planting Dates
Grass Type
Pounds/Acre
Dec. 1 -Apr. 15
Rye (Grain)
120
Kobe Lespedeza
50
Apr. 15 - Aug. 15
German Millet
40
Aug. 15 - Dec. 1
Rye (Grain)
120
Lime
3,000
Fertilizer
10-10-10
800
Mulch
Straw
4,000
2. Permanent Seeding
Planting Dates
Grass Type
Pounds/Acre
Sept. 1 - Oct. 31
Tall Fescue
200
Rye (grain)
25
Lime
4,000
Fertilizer
10-10-10
1,000
Mulch
Straw
4,000
E. Matting / Erosion Control Fabric (ECF): Matting and ECF shall be heavy jute mesh
over mulch held in place by staples. Commercially available ECFs may be used
upon approval of the engineer. Approval of fabrics will require manufacturer's design
data regarding velocity, ditch slopes, method of installation, decay cycle, repair
techniques, and grass growth enhancement characteristics.
F. Wire Staples: 16 gauge steel wire, with minimum of 3" top and 4" long legs.
G. Mulch: Threshed straw of oats, wheat, or rye; free from seed of obnoxious weeds; or
clean salt hay. Straw which is fresh and excessively brittle or straw which is in such
an advanced stage of decomposition as to smother or retard growth of grass will not
be acceptable.
H. Water: Water shall be free from substances harmful to growth of grass
PART 3 EXECUTION
3.01 PREPARATION OF SUBSOIL
A. Complete operations in the area to be seeded and prepare subsoil to eliminate
uneven areas and low spots. Bring surface to the approximate design contours.
B. Scarify subsoil to a depth of 3 inches. Remove weeds, roots, stones and foreign
materials 1-1/2 inches in diameter and larger.
3.02 PLACING TOPSOIL
A. Place topsoil during dry weather and on dry unfrozen subsoil.
B. Spread topsoil to a minimum depth of 4 inches. Remove vegetable matter and
foreign non-organic material from topsoil while spreading. Grade surface to provide
positive drainage and prevent water ponding. Lightly compact topsoil with at least
one pass of a cultipacker or similar equipment
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C. Maintain the finished surfaces by protecting, and replacing topsoil and subsoil as
necessary until the area is accepted under the contract.
3.03 APPLICATION OF LIME
A. Liming shall be done immediately after grading has reached the fine grading stage,
even though actual seeding may not be done until several months later.
B. Spread lime evenly by means of a mechanical distributor.
C. When lime is distributed by commercial liming dealers, sales slips showing the
tonnage delivered shall be filed with the Engineer and shall show the full tonnage
required for the acres treated.
D. Incorporate lime in the top 2 to 3 inches of soil by harrowing, disking, or other
approved means.
3.04 APPLICATION OF FERTILIZER
A. Spread fertilizer not more than 2 weeks in advance of seeding.
B. To verify application rate, determine acreage to be fertilized and provide Engineer
with total weight of fertilizer applied to the area.
C. Provide mechanical spreader for even distribution and spread half of the rate in one
direction, and the other half at right angles to the first. Mix thoroughly into upper 2 to
3 inches of soil by disking, harrowing or other approved methods.
3.05 SEEDING
A. Accomplish seeding by means of an approved power -drawn seed drill, combination
corrugated roller -seeder, approved hand operated mechanical seeder, or other
approved methods to provide even distribution of seed.
B. Do not seed when ground is excessively wet or excessively dry. After seeding, roll
area with a roller, not less than 18 inches in diameter and weighing not more than
210 pounds per foot of width. Upon completion of rolling, water area with a fine
spray.
C. Immediately following seeding apply mulch or matting. Do not seed areas in excess
of that which can be mulched on same day.
D. Apply water with a fine spray immediately after each area has been mulched.
Saturate to 4 inches of soil depth
3.06 MULCHING AND MATTING
A. Apply mulch or matting as required to retain soil and grass, but no less then the
following:
1. Slopes from 0 to 20 percent by spreading a light cover of mulch over seeded
area at the rate of not less than 85 lbs. per 1000 sq. ft.
2. Slopes greater than 20 percent mulch with matting. Pin matting to the ground
with wire staples at 5 foot intervals, immediately after seeding.
3. Use tack to prevent disruption of mulch.
B. For tack use an asphalt tie -down of emulsified asphalt grade AE -3 or cut-back
asphalt grade RC -2 or other approved equal. The application rate shall be 0.10
gal/sy (11 gal / 1000 sq ft). An approved jute mesh or net may be used in lieu of
tacking straw mulch.
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C. Other types of mulch and anchoring methods may be used upon approval by the
Engineer.
3.07 PROTECTION
A. Protect seeded areas from damage by barricades, signs, and other appropriate
means. Maintain and protect slopes from weather damage.
END OF SECTION
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