Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
SW1200502_19-20205-01A-Project Manual_5/14/2020
689-19-01 (10/19) Tc-1 INDEX CONTRACT 689-19-01 PARKING RECONFIGURATION AND EXPANSION SCO ID NO. 19-20205-01 THE NORTH CAROLINA ARBORETUM ASHEVILLE, NORTH CAROLINA SECTION NO. TITLE PAGE NO. DIVISION 0 GENERAL SPECIFICATIONS, BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE CONTRACT Advertisement for Bids 1 Notice to Bidders 1 Thru 2 Instructions to Bidders 1 Thru 46 Form of Proposal 1 Thru 5 Guidelines for Recruitment and Selection of Minority Businesses for Participation in University of North Carolina Construction Contracts 1 Thru 15 Form of Bid Bond 1 Sales and Use Tax Report 1 Thru 2 Construction Contract Forms 1 Thru 11 00800 Supplementary Conditions 00800-1 00820 Special Conditions 00820-1 Thru 00820-6 DIVISION 1 GENERAL REQUIREMENTS 01010 Summary of Work 01010-1 01020 Allowances 01020-1 01500 Construction Facilities and Temporary Controls 01500-1 Thru 01500-3 DIVISION 2 SITEWORK 02050 Selective Demolition 02050-1 Thru 02050-3 689-19-01 (10/19) Tc-2 SECTION NO. TITLE PAGE NO. 02110 Site Clearing and Demolition 02110-1 Thru 02110-2 02140 Dewatering 02140-1 02200 Earth and Rock Work 02200-1 Thru 02200-16 02235 Crushed Stone and Aggregate Base Course (ABC) 02235-1 Thru 02235-4 02270 Geotextiles 02270-1 Thru 02270-2 02400 Streets, Roads and Parking Areas 02400-1 Thru 02400-3 02500 Asphalt Paving 02500-1 Thru 02500-6 02700 Sewer and Drain Pipe 02700-1 Thru 02700-24 02780 Unit Pavers 02780-1 Thru 02780-10 02930 Sodding and Seeding 02930-1 Thru 02930-7 DIVISION 3 CONCRETE 03301 Cast-In-Place Concrete (Minor Structures) 03301-1 Thru 03301-4 DIVISION 4 Not Applicable DIVISION 5 METALS 05540 Castings 05540-1 DIVISIONS 6 THRU 15 Not Applicable DIVISION 16 16010 Basic Electrical Requirements 16010-1 Thru 16010-7 16110 Raceways 16110-1 Thru 16110-3 16130 Boxes 16130-1 Thru 16130-2 16390 Primary Grounding 16390-1 END 689-19-01 (10/19) ADVERTISEMENT FOR BIDS CONTRACT 689-19-01 PARKING RECONFIGURATION AND EXPANSION SCO ID NO. 19-20205-01 THE NORTH CAROLINA ARBORETUM ASHEVILLE, NORTH CAROLINA Sealed proposals will be received until 3:00 P.M., local time, on Wednesday, December 11, 2019, in the Administration office of The North Carolina Arboretum, education Center Building, 2nd Floor, for the construction of Contract 689-19-01, Parking Reconfiguration and Expansion, The North Carolina Arboretum – SCO ID NO. 19-20205-01, at which time and place bids will be opened and read. A pre-bid meeting will be held at The North Carolina Arboretum, Education Center Library, 2nd Floor, at 2:00 P.M., on Tuesday, November 19, 2019. Complete plans and specifications for this project can be obtained from Bell Engineering, 1278 Hendersonville Road, Suite D, Asheville, North Carolina 28803 during normal office hours after Monday, November 4, 2019. Hard copies are available to General Contractors with a Plan Deposit of $200.00. Contact Josh Karrick at Bell Engineering, 1278 Hendersonville Road, Suite D, Asheville, North Carolina 28803, (828) 774-5499 The state reserve the unqualified right to reject any and all proposals. Signed: The North Carolina Arboretum (Owner) 100 Frederick Law Olmsted Way Asheville, North Carolina 28806-9315 SCO-Notice To Bidders 2010 – (Updated Dec. 2010) N O T I C E T O B I D D E R S Sealed proposals will be received by the North Carolina Arboretum in Asheville NC, in the office of Drake Fowler, Chief Operations Officer, The North Carolina Arboretum, 100 Frederick Law Olmstead Way, Asheville, North Carolina 28806, up to 3:00 pm, Wednesday, December 11, 2019 and immediately thereafter publicly opened and read for the furnishing of labor, material and equipment entering into the construction of Contract 689-19-01 Parking Reconfiguration and Expansion SCO ID No. 19-20205-01 The North Carolina Arobretum Asheville, North Carolina Bids will be received for single prime contract. All proposals shall be lump sum. Pre-Bid Meeting An open pre-bid meeting will be held for all interested bidders on November 19, 2019 at 2:00 pm. at the North Carolina Arboretum, Education Center Library, 2nd Floor, 100 Fredrick Law Olmstead Way, Asheville, North Carolina 28806. The meeting will address project specific questions, issues, bidding procedures and bid forms. Complete plans, specifications and contract documents will be open for inspection in the offices of The North Carolina Arboretum and Bell Engineering, Asheville, North Carolina, and in the plan rooms of the Associated General Contractors, Carolinas Branch, Asheville, in the local North Carolina offices of McGraw-Hill Dodge Corporation, and in the Eastern Regional Office of Reed Construction Data in Norcross, GA and in Minority Plan Rooms in: Hispanic Contractors Association of the Carolinas (HCAC) in Winston-Salem, Charlotte and Raleigh Areas – 877-227-1680 Cherokee Business Development Center, PO Box 1200, Ginger Lynn Welch Complex, 810 Acquoni Road, Cherokee, NC 28719, Phone: 828-497 1666, FAX: 828-497-1665. or may be obtained by those qualified as prime bidders, upon deposit of Two Hundred dollars ($ 200.00) in cash or certified check. The full plan deposit will be returned to those bidders provided all documents are returned in good, usable condition within ten (10) days after the bid date. NOTE: The bidder shall include with the bid proposal the form Identification of Minority Business Participation identifying the minority business participation it will use on the project and shall include either Affidavit A or Affidavit B as applicable. Forms and instructions are included within the Proposal Form in the bid documents. Failure to complete these forms is grounds for rejection of the bid. (GS143-128.2c Effective 1/1/2002.) All contractors are hereby notified that they must have proper license as required under the state laws governing their respective trades. General contractors are notified that Chapter 87, Article 1, General Statutes of North Carolina, will be observed in receiving and awarding general contracts. General contractors submitting bids on this project must have license classification for Building. NOTE--SINGLE PRIME CONTRACTS: Under GS 87-1, a contractor that superintends or manages construction of any building, highway, public utility, grading, structure or improvement shal l be deemed a “general contractor” and shall be so licensed. Therefore a single prime project that involves other trades will require the single prime contractor to hold a proper General Contractors license. EXCEPT: On public buildings being bid single prime, where the total value of the general construction does not exceed 25% of the SCO-Notice To Bidders 2010 (Updated Dec. 2010) total construction value, contractors under GS87 - Arts 2 and 4 (Plumbing, Mechanical & Electrical) may bid and contract directly with the Owner as the SINGLE PRIME CONTRACTOR and may subcontract to other properly licensed trades. GS87-1.1- Rules .0210 Each proposal shall be accompanied by a cash deposit or a certified check drawn on some bank or trust company, insured by the Federal Deposit Insurance Corporation, of an amount equal to not less than five percent (5%) of the proposal, or in lieu thereof a bidder may offer a bid bond of five percent (5%) of the bid executed by a surety company licensed under the laws of North Carolina to execute the contract in accordance with the bid bond. Said deposit shall be retained by the owner as liquidated damages in event of failure of the successful bidder to execute the contract within ten days after the award or to give satisfactory surety as required by law. A performance bond and a payment bond will be required for one hundred percent (100%) of the contract price. Payment will be made based on ninety-five percent (95%) of monthly estimates and final payment made upon completion and acceptance of work. No bid may be withdrawn after the scheduled closing time for the receipt of bids for a period of 30 days. The owner reserves the right to reject any or all bids and to waive informalities. Designer: Owner: Bell Engineering The North Carolina Arboretum (Name) (Agency/Institution) 1278 Hendersonville Road, Suite D 100 Frederick Law Olmstead Way (Address) Asheville, North Carolina 28803 Asheville, North Carolina 28806 828-774-5499 (Phone) INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS OF THE CONTRACT STANDARD FORM FOR CONSTRUCTION PROJECTS UNIVERSITY OF NORTH CAROLINA GENERAL ADMINISTRATION Fifth Edition – January 2015 Page 2 INSTRUCTIONS TO BIDDERS For a proposal to be considered it must be in accordance with the following instructions: 1. PROPOSALS Proposals must be made in strict accordance with the Form of Proposal provided therefor, and all blank spaces for bids, alternates and unit prices applicable to bidders work shall be properly filled in. When requested alternates are not bid, the proposer shall so indicate by the words “No Bid”. Any blanks shall also be interpreted as “No Bid”. The bidder agrees that bid on Form of Proposal detached from specifications will be considered and will have the same force and effect as if attached thereto. Photocopied or faxed proposals will not be considered. Numbers shall be stated both in writing and in figures for the base bids and alternates. If figures and writing differ, the written number will supersede the figures. Any modifications to the Form of Proposal (including alternates and/or unit prices) will disqualify the bid and may cause the bid to be rejected. The bidder shall fill in the Form of Proposal as follows: a. If the documents are executed by a sole owner, that fact shall be evidenced by the word "Owner" appearing after the name of the person executing them. b. If the documents are executed by a partnership, that fact shall be evidenced by the word "Co-Partner" appearing after the name of the partner executing them. c. If the documents are executed on the part of a corporation, they shall be executed by either the president or the vice president and attested by the secretary or assistant secretary in either case, and the title of the office of such persons shall appear after their signatures. The seal of the corporation shall be impressed on each signature page of the documents. d. If the proposal is made by a joint venture, it shall be executed by each member of the joint venture in the above form for sole owner, partnership or corporation, whichever form is applicable. e. All signatures shall be properly witnessed. f. If the contractor's license of a bidder is held by a person other than an owner, partner or officer of a firm, then the licensee shall also sign and be a party to the proposal. The title "Licensee" shall appear under his/her signature. Proposals should be addressed as indicated in the Advertisement for Bids and be delivered enclosed in an opaque sealed envelope, marked "Proposal" and bearing the title of the work, name of the bidder, and the contractor's license number of the bidder. Bidders should clearly mark on the outside of the bid envelope which contract(s) they are bidding. Bidder shall identify with appropriate attachments to the bid, the minority businesses that will be utilized on the project with corresponding total dollar value of the bid and affidavit listing good faith efforts or an affidavit indicating work under contract will be self - performed, 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. Page 3 For projects bid in the single-prime alternative, the names and license numbers of major subcontractors shall be listed on the proposal form. It shall be the specific responsibility of the bidder to deliver his bid to the proper official at the selected place and prior to the announced time for the opening of bids. Later delivery of a bid for any reason, including delivery by any delivery service, shall disqualify the bid. Unit prices quoted in the proposal shall include overhead and profit and shall be the full compensation for the contractor's cost involved in the work. See General Conditions, Article 19c-1. 2. EXAMINATION OF CONDITIONS It is understood and mutually agreed that by submitting a bid the bidder acknowledges that he has carefully examined all documents pertaining to the work, the location, accessibility and general character of the site of the work and all existing buildings and structures within and adjacent to the site, and has satisfied himself as to the nature of the work, the condition of existing buildings and structures, the conformation of the ground, the character, quality and quantity of the material to be encountered, the character of the equipment, machinery, plant and any other facilities needed preliminary to and during prosecution of the work, the general and local conditions, the construction hazards, and all other matters, including, but not limited to, the labor situation which can in any way affect the work under the contract, and including all safety measures required by the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. It is further mutually agreed that by submitting a proposal the bidder acknowledges that he has satisfied himself as to the feasibility and meaning of the plans, drawings, specifications and other contract documents for the construction of the work and that he accepts all the terms, conditions and stipulations contained therein; and that he is prepared to work in cooperation with other contractors performing work on the site. Reference is made to contract documents for the identification of those surveys and investigation reports of subsurface or latent physical conditions at the site or otherwise affecting performance of the work which have been relied upon by the designer in preparing the documents. The owner will make copies of all such surveys and reports available to the bidder upon request. Each bidder may, at his own expense, make such additional surveys and investigations as he may deem necessary to determine his bid price for the performance of the work. Any on-site investigation shall be done at the convenience of the owner. Any reasonable request for access to the site will be honored by the owner. 3. BULLETINS AND ADDENDA Any addenda to specifications issued during the time of bidding are to be considered covered in the proposal and in closing a contract they will become a part thereof. It shall be the bidder's responsibility to ascertain prior to bid time the addenda issued and to see that his bid includes any changes thereby required. Should the bidder find discrepancies in, or omission from, the drawings or documents or should he be in doubt as to their meaning, he shall at once notify the designer who will send written instructions in the form of addenda to all bidders. Notification should be no later than seven (7) days prior to the date set for receipt of bids. Neither the owner nor the designer will be responsible for any oral instructions. Page 4 All addenda should be acknowledged by the bidder(s) on the Form of Proposal. However, even if not acknowledged, by submitting a bid, the bidder has certified that he has reviewed all issued addenda and has included all costs associated within the bid. 4. BID SECURITY Each proposal shall be accompanied by a cash deposit or a certified check drawn on some bank or trust company insured by the Federal Deposit Insurance Corporation, or a bid bond in an amount equal to not less than five percent (5%) of the proposal, said deposit to be retained by the owner as liquidated damages in event of failure of the successful bidder to execute the contract within ten (10) days after the award or to give satisfactory surety as required by law (G.S. 143-129). Bid bond shall be conditioned that the surety will, upon demand, forthwith make payment to the obligee upon said bond if the bidder fails to execute the contract. The owner may retain bid securities of any bidder(s) who may have a reasonable chance of award of contract for the full duration of time stated in the Notice to Bidders. Other bid securities may be released sooner, at the discretion of the owner. All bid securities (cash or certified checks) shall be returned to the bidders promptly after award of contracts, and no later then seven (7) days after expiration of the holding period stated in the Notice to Bidders. Standard Form of Bid Bond is included in these specifications and shall be used. 5. RECEIPT OF BIDS Bids shall be received in strict accordance with requirements of the General Statutes of North Carolina. Bid security shall be required as prescribed by statute. Prior to the closing of the bid, the bidder will be permitted to change or withdraw his bid. Guidelines for opening of public construction bids are available from the owner. 6. OPENING OF BIDS Upon opening, all bids shall be read aloud. Once bidding is closed, there shall not be any withdrawal of bids by any bidder and no bids may be returned by the designer to any bidder. After the opening of bids, no bid may be withdrawn, except under the provisions of General Statute 143-129.1, for a period of thirty days unless otherwise specified. Should the successful bidder default and fail to execute a contract, the contract may be awarded to the next lowest and responsible bidder. The owner reserves the unqualified right to reject any and all bids. Reasons for rejection may include, but shall not be limited to, the following: a. If the Form of Proposal furnished to the bidder is not used or is altered. b. If the bidder fails to insert a price for all bid items, alternate and unit prices requested. c. If the bidder adds any provisions reserving the right to accept or reject any award. d. If there are unauthorized additions or conditional bids, or irregularities of any kind which tend to make the proposal incomplete, indefinite or ambiguous as to its meaning. e. If the bidder fails to complete the proposal form where information is requested so the bid may be properly evaluated by the owner. f. If the unit prices contained in the bid schedule are unacceptable to the owner. g. If the bidder fails to comply with other instructions stated herein. Page 5 7. BID EVALUATION The award of the contract will be made to the lowest responsible bidder as soon as practical. The owner may award on the basis of the base bid and any alternates the owner chooses. Before awarding a contract, the owner may require the apparent low bidder to qualify himself to be a responsible bidder by furnishing any or all of the following data: a. The latest financial statement showing assets and liabilities of the company or other information satisfactory to the owner. b. A listing of completed projects of similar size. c. Permanent name and address of place of business. d. The number of regular employees of the organization and length of time the organization has been in business under present name. e. The name and home office address of the surety proposed and the name and address of the responsible local claim agent. f. The names of members of the firms who hold appropriate trade licenses, together with license numbers. g. If prequalified, contractor information may be reviewed and evaluated comparatively to submitted prequalification package. Failure or refusal to furnish any of the above information, if requested, shall constitute a basis for disqualification of any bidder. In determining the lowest responsible, responsive bidder, the owner shall take into consideration the bidder’s compliance with the requirements of G.S. 143-128.2(c), the past performance of the bidder on construction contracts for the State with particular concern given to completion times, quality of work, cooperation with other contractors, and cooperation with the designer and owner. Failure of the low bidder to furnish affidavit and/or documentation as required by G.S. 143-128.2(c) shall constitute a basis for disqualification of the bid. Should the owner adjudge that the apparent low bidder is not the lowest responsible, responsive bidder by virtue of the above information, said apparent low bidder will be so notified and his bid security shall be returned to him. 8. PERFORMANCE BOND The successful bidder, upon award of contract, shall furnish a performance bond in an amount equal to 100 percent of the contract price. See Article 35, General Conditions. 9. PAYMENT BOND The successful bidder, upon award of contract, shall furnish a payment bond in an amount equal to 100 percent of the contract price. See Article 35, General Conditions. Page 6 10. PAYMENTS Payments to the successful bidders (contractors) will be made on the basis of monthly estimates of completed work. See Article 31, General Conditions. 11. PRE-BID CONFERENCE Prior to the date set for receiving bids, the Designer may arrange and conduct a Pre-Bid Conference for all prospective bidders. The purpose of this conference is to review p roject requirements and to respond to questions from prospective bidders and their subcontractors or material suppliers related to the intent of bid documents. Attendance by prospective bidders shall be as required by the “Notice to Bidders”. 12. SUBSTITUTIONS In accordance with the provisions of G.S. 133-3, material, product, or equipment substitutions proposed by the bidders to those specified herein can only be considered during the bidding phase until ten (10) days prior to the receipt of bids when submitted to the Designer with sufficient data to confirm material, product, or equipment equality. Proposed substitutions submitted after this time will be considered only as potential change order. Submittals for proposed substitutions shall include the following information: a. Name, address and telephone number of manufacturer and supplier as appropriate. b. Trade name, model or catalog designation. c. Product data including performance and test data, reference standards, and technical descriptions of material, product, or equipment. Include color samples and samples of available finishes as appropriate. d. Detailed comparison with specified products including performance capabilities, warranties, and test results. e. Other pertinent data including data requested by the Designer to confirm product equality. If a proposed material, product, or equipment substitution is deemed equal by the Designer to those specified, all bidders of record will be notified by Addendum. Page 7 GENERAL CONDITIONS OF THE CONTRACT The use or reproduction of this document or any part thereof is authorized for and limited to use on projects of the University of North Carolina, and is distributed by, through and at the discretion of UNC - General Administration, Chapel Hill, North Carolina, for that distinct and sole purpose. TABLE OF CONTENTS ARTICLE TITLE PAGE 1 Definitions ...................................................................................................................... 8 2 Intent and Execution of Documents ............................................................................... 10 3 Clarifications and Detail Drawings ................................................................................ 11 4 Copies of Drawings and Specifications .......................................................................... 12 5 Shop Drawings, Submittals, Samples, Data ................................................................... 12 6 Working Drawings and Specifications at the Job Site ................................................... 13 7 Ownership of Drawings and Specifications ................................................................... 13 8 Materials, Equipment, Employees .................................................................................. 13 9 Royalties, Licenses and Patents ...................................................................................... 14 10 Permits, Inspections, Fees, Regulations .......................................................................... 14 11 Protection of Work, Property and the Public .................................................................. 15 12 Sedimentation Pollution Control Act of 1973 ................................................................ 16 13 Inspection of the Work ..................................................................................................... 16 14 Construction Supervision and Schedule .......................................................................... 17 15 Separate Contracts and Contractor Relationships ........................................................... 21 16 Subcontracts and Subcontractors ..................................................................................... 21 17 Contractor and Subcontractor Relationships ................................................................... 22 18 Designer's Status ............................................................................................................. 23 19 Changes in the Work ....................................................................................................... 24 20 Claims for Extra Cost....................................................................................................... 26 21 Minor Changes in the Work ............................................................................................ 27 22 Uncorrected Faulty Work ............................................................................................... 28 23 Time of Completion, Delays, Extension of Time ........................................................... 28 24 Partial Utilization: Beneficial Occupancy ..................................................................... 29 25 Final Inspection, Acceptance, and Project Closeout ....................................................... 29 26 Correction of Work Before Final Payment ..................................................................... 30 27 Correction of Work After Final Payment ....................................................................... 31 28 Owner's Right to Do Work ............................................................................................. 31 29 Annulment of Contract ................................................................................................... 31 30 Contractor's Right to Stop Work or Terminate the Contract ........................................... 32 31 Requests for Payments .................................................................................................... 32 32 Certificates of Payment and Final Payment .................................................................... 34 33 Payments Withheld ......................................................................................................... 35 34 Minimum Insurance Requirements ................................................................................. 35 35 Performance Bond and Payment Bond ........................................................................... 37 36 Contractor's Affidavit ..................................................................................................... 37 37 Assignments .................................................................................................................... 37 38 Use of Premises ............................................................................................................... 37 39 Cutting, Patching and Digging ........................................................................................ 37 40 Utilities, Structures, Signs ............................................................................................... 38 41 Cleaning Up .................................................................................................................... 40 42 Guarantee ........................................................................................................................ 40 43 Codes and Standards ....................................................................................................... 40 44 Indemnification ............................................................................................................... 41 45 Taxes ............................................................................................................................... 41 Page 8 46 Equal Opportunity Clause ............................................................................................... 42 47 Employment of the Handicapped .................................................................................... 42 48 Asbestos-Containing Materials (ACM) .......................................................................... 42 49 Minority Business Participation ...................................................................................... 42 50 Contractor Evaluation ..................................................................................................... 43 51 Gifts ................................................................................................................................. 43 52 Auditing Access to Persons and Records ........................................................................ 43 53 North Carolina False Claims Act ..................................................................................... 43 54 Termination for Convenience ......................................................................................... 45 ARTICLE 1 - DEFINITIONS a. The contract documents consist of the Notice to Bidders; Instructions to Bidders; General Conditions of the Contract; special conditions if applicable; Supplementary General Conditions; the drawings and specifications, including all bulletins, addenda or other modifications of the drawings and specifications incorporated into the documents prior to their execution; the proposal; the contract; the performance bond; the payment bond; insurance certificates; the approval of the university attorney; and the certificate of the Office of State Budget and Management. All of these items together form the contract. b. The owner is the State of North Carolina through the agency named in the contract. c. The designer(s) are those referred to within this contract, or their authorized representatives. The designer(s), as referred to herein, shall mean architect and/or engineer. They will be referred to hereinafter as if each were of the singular number, masculine gender. d. The contractor, as referred to hereinafter, shall be deemed to be either of the several contracting parties called the "Party of the First Part" in either of the several contracts in connection with the total project. Where, in special instances hereinafter, a particular contractor is intended, an adjective precedes the word "contractor," as "general," "heating," etc. For the purposes of a single prime contract, the term Contractor shall be deemed to be the single contracting entity identified as the “Party of the First Part” in the single Construction Contract. Any references or adjectives that name or infer multiple prime contractors shall be interpreted to mean the single prime Contractor. e. A subcontractor, as the term is used herein, shall be understood to be one who has entered into a direct contract with a contractor, and includes one who furnishes materials worked to a special design in accordance with plans and specifications covered by the contract, but does not include one who only sells or furnishes materials not requiring work so described or detailed. f. Written notice shall be defined as notice in writing delivered in person to the contractor, or to a partner of the firm in the case of a partnership, or to a member of the contracting organization, or to an officer of the organization in the case of a corporation, or sent to the last known business address of the contracting organization by registered mail. g. Work, as used herein as a noun, is intended to include materials, labor and workmanship of the appropriate contractor. h. The project is the total construction work to be performed under the contract documents by the several contractors. Page 9 i. Project expediter, as used herein, is an entity stated in the contract documents, designated to effectively facilitate scheduling and coordination of work activities. See Article 14(f) for responsibilities of a Project Expediter. For the purposes of a single prime contract, the single prime contractor shall be designated as the Project Expediter. j. Change order, as used herein, shall mean a written order to the contractor subsequent to the signing of the contract authorizing a change in the contract. The change order shall be signed by the contractor and designer and approved by the owner in that order (Article 19). k. Field Order, as used herein, shall mean a written approval for the contractor to proceed with the work requested by owner prior to issuance of a formal Change Order. The field order shall be signed by the contractor, designer, and owner . l. Time of completion, as stated in the contract documents, is to be interpreted as consecutive calendar days measured from the date established in the written Notice to Proceed, or such other date as may be established herein (Article 23). m. Liquidated damages, as stated in the contract documents, is an amount reasonably estimated in advance to cover the consequential damages associated with the Owner’s economic loss in not being able to use the Project for its intended purposes at the end of the contract’s completion date as amended by change order, if any, by reason of failure of the contractor(s) to complete the work within the time specified. Liquidated damages does not include the Owner’s extended contract administration costs (including but not limited to additional fees for architectural and engineering services, testing services, inspection services, commissioning services, etc.), such other damages directly resulting from delays caused solely by the contractor, or consequential damages that the Owner identified in the bid documents that may be impacted by any delay caused solely by the Contractor (e.g., if a multi-phased project-subsequent phases, delays in start of other projects that are dependent on the completion of this Project, extension of leases and/or maintenance agreements for other facilities). n. Surety, as used herein, shall mean the bonding company or corporate body which is bound with and for the contractor, and which engages to be responsible for the contractor and his acceptable performance of the work. o. Routine written communications between the Designer and the Contractor, are any communication other than a “request for information” provided in letter, memo, or transmittal format, sent by mail, courier, electronic mail, or facsimile. Such communications can not be identified as “request for information.” p. Clarification or Request for information (RFI), is a request from the Contractor seeking an interpretation or clarification by the Designer relative to the contract documents. The RFI, which shall be labeled (RFI), shall clearly and concisely set forth the issue or item requiring clarification or interpretation and why the response is needed. The RFI must set forth the Contractor’s interpretation or understanding of the contract documents requirements in question, along with reasons for such an understanding. q. Approval, means written or imprinted acknowledgement that materials, equipment or methods of construction are acceptable for use in the work. r. Inspection, shall mean examination or observation of work completed or in progress to determine its compliance with contract documents. Page 10 s. “Equal to” or “approved equal”, shall mean materials, products, equipment, assemblies, or installation methods considered equal by the bidder in all characteristics (physical, functional, and aesthetic) to those specified in the contract documents. Acceptance of equal is subject to the approval of the Designer and Owner. t. “Substitution” or “substitute”, shall mean materials, products, equipment, assemblies, or installation methods deviating in at least one characteristic (physical, functional, or aesthetic) from those specified, but which in the opinion of the bidder would improve competition and/or enhance the finished installation. Acceptance of substitution is subject to the approval of the Designer and Owner. u. Provide shall mean furnish and install complete in place, new, clean, operational, and ready for use. v. Indicated and shown shall mean provide as detailed, or called for, and reasonably implied in the contract documents. w. Special inspector is one who inspects materials, installation, fabrication, erection or placement of components and connections requiring special expertise to ensure compliance with the approved construction documents and referenced standards. x. Commissioning is a quality assurance process that verifies and documents that building components and systems operate in accordance with the project design documents. y. Designer Final Inspection is the inspection performed by the design team to determine the completeness of the project in accordance with approved plans and specifications. This inspection occurs prior to SCO final inspection. z. SCO Final Inspection is the inspection performed by the State Construction Office to determine the completeness of the project in accordance with North Carolina Building Codes. aa. Beneficial Occupancy is requested by the owner and is occupancy or partial occupancy of the building or project after all life safety items have been completed as determined by the State Construction Office. Life safety items include but are not limited to fire alarm, sprinkler, egress and exit lighting, fire rated walls, egress paths and security. bb. Final Acceptance is the date on which the State Construction Office approves the project as complying with the North Carolina Building Codes and the owner accepts the construction as totally complete. This includes certification by the Designer that all punch list items are completed. ARTICLE 2 - INTENT AND EXECUTION OF DOCUMENTS a. The drawings and specifications are complementary, one to the other. That which is shown on the drawings or called for in the specifications shall be as binding as if it were both called for and shown. The intent of the drawings and specifications is to establish the scope of all labor, materials, transportation, equipment, and any and all other things necessary to provide a bid for a complete job. In case of discrepancy or disagreement in Page 11 the contract documents, the order of precedence shall be: Form of Contract, specifications, large-scale detail drawings, small-scale drawings. b. The wording of the specifications shall be interpreted in accordance with common usage of the language except that words having a commonly used technical or trade meaning shall be so interpreted in preference to other meanings. c. The contractor shall execute each copy of the proposal, contract, performance bond and payment bond as follows: 1. If the documents are executed by a sole owner, that fact shall be evidenced by the word "Owner" appearing after the name of the person executing them. 2. If the documents are executed by a partnership, that fact shall be evidenced by the word "Co-Partner" appearing after the name of the partner executing them. 3. If the documents are executed on the part of a corporation, they shall be executed by either the president or the vice president and attested by the secretary or assistant secretary in either case, and the title of the office of such persons shall appear after their signatures. The seal of the corporation shall be impressed on each signature page of the documents. 4. If the documents are made by a joint venture, they shall be executed by each member of the joint venture in the above form for sole owner, partnership or corporation, whichever form is applicable to each particular member. 5. All signatures shall be properly witnessed. 6. If the contractor's license is held by a person other than an owner, partner or officer of a firm, then the licensee shall also sign and be a party to the contract. The title "Licensee" shall appear under his/her signature. 7. The bonds shall be executed by an attorney-in-fact. There shall be attached to each copy of the bond a certified copy of power of attorney properly executed and dated. 8. Each copy of the bonds shall be countersigned by an authorized individual agent of the bonding company licensed to do business in North Carolina. The title "Licensed Resident Agent" shall appear after the signature. 9. The seal of the bonding company shall be impressed on each signature page of the bonds. 10. The contractor's signature on the performance bond and the payment bond shall correspond with that on the contract. The date of the performance and payment bond shall not be prior to the date of the contract. ARTICLE 3 - CLARIFICATIONS AND DETAIL DRAWINGS a. In such cases where the nature of the work requires clarification by the designer, such clarification shall be furnished by the designer with reasonable promptness by means of written instructions or detail drawings, or both. Clarifications and drawings shall be consistent with the intent of contract documents, and shall become a part thereof. Page 12 b. The contractor(s) and the designer shall prepare, if deemed necessary, a schedule fixing dates upon which foreseeable clarifications will be required. The schedule will be subject to addition or change in accordance with progress of the work. The designer shall furnish drawings or clarifications in accordance with that schedule. The contractor shall not proceed with the work without such detail drawings and/or written clarifications. ARTICLE 4 - COPIES OF DRAWINGS AND SPECIFICATIONS The designer or owner shall furnish free of charge to the contractors electronic copies of plans and specifications. If requested by the contractor, paper copies of plans and specifications shall be furnished free of charge as follows: a. General contractor - Up to twelve (12) sets of general contractor drawings and specifications, up to six (6) sets of which shall include drawings and sp ecifications of all other contracts, plus a clean set of black line prints on white paper of all appropriate drawings, upon which the contractor shall clearly and legibly record all work-in-place that is at variance with the contract documents. b. Each other contractor - Up to six (6) sets of the appropriate drawings and specifications, up to three (3) sets of which shall include drawings and specifications of all other contracts, plus a clean set of black line prints on white paper of all appropriate drawings, upon which the contractor shall clearly and legibly record all work -in-place that is at variance with the contract documents. c. Additional sets shall be furnished at cost, including mailing, to the contractor upon request by the contractor. This cost shall be stated in the bidding documents. d. For the purposes of a single-prime contract, the contractor shall receive up to 30 sets of drawings and specifications, plus a clean set of black line prints on white paper of all appropriate drawings, upon which the contractor shall clearly and legibly record all work-in-place that is at variance with the contract documents. ARTICLE 5 - SHOP DRAWINGS, SUBMITTALS, SAMPLES, DATA a. Within 15 consecutive calendar days after the notice to proceed, each prime contractor shall submit a schedule for submission of all shop drawings, product data, samples, and similar submittals through the Project Expediter to the Designer. This schedule shall indicate the items, relevant specification sections, other related submittal data, and the date when these items will be furnished to the designer. b. The Contractor(s) shall review, approve and submit to the Designer all Shop Drawings, Coordination Drawings, Product Data, Samples, Color Charts, and similar submittal data required or reasonably implied by the Contract Documents. Required Submittals shall bear the Contractor’s stamp of approval, any exceptions to the Contract Documents shall be noted on the submittals, and copies of all submittals shall be of sufficient quantity for the Designer to retain up to three (3) copies of each submittal for his own use plus additional copies as may be required by the Contractor. Submittals shall be presented to the Designer in accordance with the schedule submitted in paragraph (a) so as to cause no delay in the activities of the Owner or of separate Contractors. c. The Designer shall review required submittals promptly, noting desired corrections if any, and retaining two (2) copies (one for the Designer, one for the owner) for his use. The remaining copies of each submittal shall be returned to the Contractor not l ater than Page 13 twenty (20) days from the date of receipt by the Designer, for the Contractor’s use or for corrections and resubmittal as noted by the Designer. When resubmittals are required, the submittal procedure shall be the same as for the original submittals. d. Approval of shop drawings/submittals by the Designer shall not be construed as relieving the Contractor from responsibility for compliance with the design or terms of the contract documents nor from responsibility of errors of any sort in the shop drawings, unless such lack of compliance or errors first have been called in writing to the attention of the Designer by the Contractor. ARTICLE 6 - WORKING DRAWINGS AND SPECIFICATIONS AT THE JOB SITE a. The contractor shall maintain, in readable condition at his job office, one complete set of working drawings and specifications for his work including all shop drawings. Such drawings and specifications shall be available for use by the designer, his authorized representative, the owner or State Construction Office.. b. The contractor shall maintain at the job office, a day-to-day record of work-in-place that is at variance with the contract documents. Such variations shall be fully noted on project drawings by the contractor and submitted to the designer upon project completion and no later than 30 days after final acceptance of the project. c. The contractor shall maintain at the job office a record of all required tests that have been performed, clearly indicating the scope of work inspected and the date of approval or rejection. ARTICLE 7 - OWNERSHIP OF DRAWINGS AND SPECIFICATIONS All drawings and specifications are instruments of service and remain the property of the State of North Carolina. The use of these instruments on work other than this contract without permission of the owner is prohibited. All copies of drawings and specifications other than contract copies shall be returned to the owner upon request after completion of the work. ARTICLE 8 - MATERIALS, EQUIPMENT, EMPLOYEES a. The contractor shall, unless otherwise specified, supply and pa y for all labor, transportation, materials, tools, apparatus, lights, power, heat, sanitary facilities, water, scaffolding and incidentals necessary for the completion of his work, and shall install, maintain and remove all equipment of the construction, other utensils or things, and be responsible for the safe, proper and lawful construction, maintenance and use of same, and shall construct in the best and most workmanlike manner, a complete job and everything incidental thereto, as shown on the plans, stated in the specifications, or reasonably implied therefrom, all in accordance with the contract documents. b. All materials shall be new and of quality specified, except where reclaimed material is authorized herein and approved for use. Workmanship shall at all times be of a grade accepted as the best practice of the particular trade involved, and as stipulated in written standards of recognized organizations or institutes of the respective trades except as exceeded or qualified by the specifications. c. Upon notice, the contractor shall furnish evidence as to quality of materials. Page 14 d. Products are generally specified by ASTM or other reference standard and/or by manufacturer's name and model number or trade name. When specified only by reference standard, the Contractor may select any product meeting this standard, by any manufacturer. When several products or manufacturers are specified as being equally acceptable, the Contractor has the option of using any product and manufacturer combination listed. However, the contractor shall be aware that the cited examples are used only to denote the quality standard of product desired and that they do not restrict bidders to a specific brand, make, manufacturer or specific name; that they are used only to set forth and convey to bidders the general style, type, character and quality of product desired; and that equivalent products will be acceptable. Request for substitution of materials, items or equipment shall be submitted to the designer for approval or disapproval; such approval or disapproval shall be made by the designer prior to the opening of bids. Alternate materials may be requested after the award if it can clearly be demonstrated that it is an added benefit to the owner and the designer and owner approve. e The designer is the judge of equality for proposed substitution of products, materials or equipment. f. If at any time during the construction and completion of the work covered by these contract documents, the language, conduct, or attire of any workman of the various crafts be adjudged a nuisance by the owner or designer, or if any workman be considered detrimental to the work, the contractor shall order such parties removed immediately from grounds. ARTICLE 9 - ROYALTIES, LICENSES AND PATENTS It is the intention of the contract documents that the work covered herein will not constitute in any way infringement of any patent whatsoever unless the fact of such patent is clearly evidenced herein. The contractor shall protect and save harmless the owner against suit on account of alleged or actual infringement. The contractor shall pay all royalties and/or license fees required on account of patented articles or processes, whether the patent rights are evidenced hereinafter. ARTICLE 10 - PERMITS, INSPECTIONS, FEES, REGULATIONS a. The contractor shall give all notices and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work under this contract. If the contractor observes that the drawings and specifications are at variance therewith, he shall promptly notify the designer in writing. See Instructions to Bidders, Paragraph 3, Bulletins and Addenda. Any necessary changes required after contract award shall be made by change order in accordance with Article 19. If the contractor performs any work knowing it to be contrary to such laws, ordinances, codes, rules and regulations, and without such notice to the designer, he shall bear all cost arising therefrom. Additional requirements implemented after bidding will be subject to equitable negotiations. b. All work under this contract shall conform to the North Carolina State Building Code and other state, local and national codes as are applicable. The cost of all required inspections and permits shall be the responsibility of the contractor and included within the bid proposal. All water taps, meter barrels, vaults and impact fees shall be paid by the contractor unless otherwise noted. c. Projects constructed by the State of North Carolina or by any agency or institution of the state are not subject to inspection by any county or municipal authorities and are not Page 15 subject to county or municipal building codes. The contractor shall, however, cooperate with the county or municipal authorities by obtaining building permits. Permits shall be obtained at no cost. d. Projects involving local funding may be subject also to county and municipal building codes and inspection by local authorities. The Contractor shall pay the cost of these permits and inspections as noted in the specifications. ARTICLE 11 - PROTECTION OF WORK, PROPERTY AND THE PUBLIC a. The contractors shall be jointly responsible for the entire site and the building or construction of the same and provide all the necessary protections, as required by the owner or designer, and by laws or ordinances governing such conditions. They shall be responsible for any damage to the owner's property, or of that of others on the job, by them, their personnel, or their subcontractors, and shall make good such damages. They shall be responsible for and pay for any damages caused to the owner. All contractors shall have access to the project at all times. b. The contractor shall provide cover and protect all portions of the structure when the work is not in progress, provide and set all temporary roofs, covers for doorways, sash and windows, and all other materials necessary to protect all the work on the building, whether set by him, or any of the subcontractors. Any work damaged through the lack of proper protection or from any other cause, shall be repaired or replaced without extra cost to the owner. c. No fires of any kind will be allowed inside or around the operations during the course of construction without special permission from the designer and owner. d. The contractor shall protect all trees and shrubs designated to remain in the vicinity of the operations by building substantial boxes around same. He shall barricade all walks, roads, etc., as directed by the designer to keep the public away from the construction. All trenches, excavations or other hazards in the vicinity of the work shall be well barricaded and properly lighted at night. e. The contractor shall provide all necessary safety measures for the protection of all persons on the job, including the requirements of the A.G.C. Accident Prevention Manual in Construction, as amended, and shall fully comply with all state laws or regulations and North Carolina State Building Code requirements to prevent accident or injury to persons on or about the location of the work. He shall clearly mark or post signs warning of hazards existing, and shall barricade excavations, elevator shafts, stairwells and similar hazards. He shall protect against damage or injury resulting from falling materials and he shall maintain all protective devices and signs throughout the progress of the work. f. The contractor shall adhere to the rules, regulations and interpretations of the North Carolina Department of Labor relating to Occupational Safety and Health Standards for the Construction Industry (Title 29, Code of Federal Regulations, Part 1926, published in Volume 39, Number 122, Part II, June 24, 1974, Federal Register), and revisions thereto as adopted by General Statutes of North Carolina 95-126 through 155. g. The contractor shall designate a responsible member of his organization as safety officer/inspector, to inspect the project site for unsafe health and safety hazards, to report these hazards to the contractor for correction, and whose duties also include accident prevention on the project, and to provide other safety and health measures on the project Page 16 site as required by the terms and conditions of the contract. The name of the safety inspector shall be made known to the designer and owner at the time of the preconstruction conference and in all cases prior to any work starting on the project. h. In the event of emergency affecting the safety of life, the protection of work, or the safety of adjoining properties, the contractor is hereby authorized to act at his own discretion, without further authorization from anyone, to prevent such threatened injury or damage. Any compensation claimed by the contractor on account of such action shall be determined as provided for under Article 19(b). i. Any and all costs associated with correction of damage caused to adjacent properties of the construction site or staging area shall be borne by the contractor. These costs shall include but not be limited to correction of damage caused by flooding, mud, sand, stone, debris, and discharging of waste products. ARTICLE 12 - SEDIMENTATION POLLUTION CONTROL ACT OF 1973 a. Any land-disturbing activity performed by the contractor(s) in connection with the project shall comply with all erosion control measures set forth in the contract documents and any additional measures which may be required in order to ensure that the project is in full compliance with the Sedimentation Pollution Control Act of 1973, as implemented by Title 15, North Carolina Administrative Code, Chapter 4, Sedimentation Control, Subchapters 4A, 4B and 4C, as amended (15 N.C.A.C. 4A, 4B and 4C). b. Upon receipt of notice that a land-disturbing activity is in violation of said act, the contractor(s) shall be responsible for ensuring that all steps or actions necessary to bring the project in compliance with said act are promptly taken. c. The contractor(s) shall be responsible for defending any legal actions instituted pursuant to N.C.G.S. 113A-64 against any party or persons described in this article. d. To the fullest extent permitted by law, the contractor(s) shall indemnify and hold harmless the owner, the designer and the agents, consultants and employees of the owner and designer, from and against all claims, damages, civil penalties, losses and expenses, including, but not limited to, attorneys' fees, arising out of or resulting from the performance of work or failure of performance of work, provided that any such claim, damage, civil penalty, loss or expense is attributable to a violation of the Sedimentation Pollution Control Act. Such obligation shall not be construed to negate, abridge or otherwise reduced any other right or obligation of indemnity which would otherwise exist as to any party or persons described in this article. ARTICLE 13 - INSPECTION OF THE WORK a. It is a condition of this contract that the work shall be subject to inspection during normal working hours and during any time work is in preparation and progress by the designer, designated official representatives of the owner, State Construction Office, and those persons required by state law to test special work for official approval. The contractor shall therefore provide safe access to the work at all times for such inspections. b. All instructions to the contractor will be made only by or through the designer or his designated project representative. Observations made by official representatives of the Page 17 owner shall be conveyed to the designer for review and coordination prior to issuance to the contractor. c. All work shall be inspected by the designer, special inspector and/or State Construction Office prior to being covered by the contractor. Contractor shall give a minimum notice of two weeks unless otherwise agreed to by all parties. If inspection fails, after the first re-inspection all costs associated with additional inspections shall be borne by the contractor. d. Where special inspection or testing is required by virtue of any state laws, instructions of the designer, specifications or codes, the contractor shall give adequate notice to the designer of the time set for such inspection or test, if the inspection or test will be conducted by a party other than the designer. Such special tests or inspections will be made in the presence of the designer, or his authorized representative, and it shall be the contractor's responsibility to serve ample notice of such tests. e. All laboratory tests shall be paid by the owner unless provided otherwise in the contract documents except the general contractor shall pay for laboratory tests to establish design mix for concrete, and for additional tests to prove compliance with contract documents where materials have tested deficient except when the testing laboratory did not follow the appropriate ASTM testing procedures. f. Should any work be covered up or concealed prior to inspection and approval by the designer, special inspector, and/or State Construction Office such work shall be uncovered or exposed for inspection, if so requested by the designer in writing. Inspection of the work will be made upon notice from the contractor. All cost involved in uncovering, repairing, replacing, recovering and restoring to design condition, the work that has been covered or concealed will be paid by the contractor involved. ARTICLE 14 - CONSTRUCTION SUPERVISION AND SCHEDULE a. Throughout the progress of the work, each contractor shall keep at the job site a competent superintendent and supervisory staff satisfactory to the designer and the owner. The superintendent and supervisory staff shall not be changed without the consent of the designer and owner unless said superintendent ceases to be employed by the contractor or ceases to be competent as determined by the contractor, designer and owner. The superintendent and other staff designated by the contractor in writing shall have authority to act on behalf of the contractor, and instructions, directions or notices given to him shall be as binding as if given to the contractor. However, directions, instructions and notices shall be confirmed in writing. b. The contractor shall examine and study the drawings and specifications and fully understand the project design, and shall provide constant and efficient supervision to the work. Should he discover any discrepancies of any sort in the drawings or specifications, he shall report them to the designer without delay. He will not be held responsible for discrepancies in the drawings and/or specifications, but shall be held responsible to report them should they become known to him. c. All contractors shall be required to cooperate and consult with each other during the construction of this project. Prior to installation of work, all contractors shall jointly prepare coordination drawings, showing locations of various ductworks, piping, motors, pumps, and other mechanical or electrical equipment, in relation to the structure, walls and ceilings. These drawings shall be submitted to the designer through the Project Page 18 Expediter for information only. Each contractor shall lay out and execute his work to cause the least delay to other contractors. Each contractor shall be financially responsible for any damage to other contractor's work and for undue delay caused to other contractors on the project. d. The contractor is required to attend job site progress conferences as called by the designer. The contractor shall be represented at these job progress conferences by both home office and project personnel. These representatives shall have authority to act on behalf of the contractor. These meetings shall be open to subcontractors, material suppliers and any others who can contribute toward maintaining required job progress. It shall be the principal purpose of these meetings, or conferences, to effect coordination, cooperation and assistance in every practical way toward the end of maintaining progress of the project on schedule and to complete the project within the specified contract time. Each contractor shall be prepared to assess progress of the work as required in his particular contract and to recommend remedial measur es for correction of progress as may be appropriate. The designer or his authorized representative shall be the coordinator of the conferences and shall preside as chairman. The contractor shall turn over a copy of his daily reports to the designer and owner at the job site project conference. The owner will determine the daily report format. e. The contractor(s) shall employ an engineer or a land surveyor licensed in the State of North Carolina to lay out the work and to establish a bench mark in a location where same will not be disturbed and where direct instruments sights may be taken. f. The designer shall designate a project expediter on projects involving two or more prime contracts. The project expediter shall be designated in the Supplementary General Conditions. The Project Expediter shall have at a minimum the following responsibilities: 1. Prepare the project construction schedule and shall allow all prime contractors (multi-prime contract) and subcontractors (single-prime contract) performing general, plumbing, HVAC, and electrical work equal input into the preparation of the initial construction schedule. 2. Maintain a project progress schedule for all contractors. 3. Give adequate notice to all contractors to ensure efficient continuity of all phases of the work. 4. Notify the designer of any changes in the project schedule. 5. Recommend to the owner whether payment to a contractor shall be approved. g. It shall be the responsibility of the Project Expediter to cooperate with and obtain from several prime contractors and subcontractors on the job, their respective work activities and integrate these activities into a project construction schedule in form of a detailed bar chart or Critical Path Method (CPM) schedule. Each prime contractor shall provide work activities within fourteen (14) days of request by the Project Expediter. A “work activity”, for scheduling purposes, shall be any component or contractual requirement of the project requiring at least one (1) day, but not more than fourteen (14) days, to complete or fulfill. The project construction schedule shall graphically show all salient features of the work required to construct the project from start to finish and within the allotted time established in the contract. The time (in days) between the contractor’s early completion and contractual completion dates is part of the project total float time; Page 19 and shall be used as such, unless amended by a change order. On a multi-prime project, each prime contractor shall review the proposed construction schedule and approve same in writing. The Project Expediter shall submit the proposed construction schedule to the designer for comments. The complete Project construction schedule shall be of the type set forth in the Supplementary General Condition or subparagraph (1) or (2) below, as appropriate: 1. For a project with total contracts of $500,000 or less, a bar chart schedule will satisfy the above requirement. The schedule shall indicate the estimated starting and completion dates for each major element of the work. 2. For a project with total contracts over $500,000, a Critical Path Method (CPM) schedule shall be utilized to control the planning and scheduling of the Work. The CPM schedule shall be the responsibility of the Project Expediter and shall be paid for by the Project Expediter. Bar Chart Schedule, Where a bar chart schedule is required, it shall be time-scaled in weekly increments, shall indicate the estimated starting and completion dates for each major element of the work by trade and by area, level, or zone, and shall schedule dates for all salient features, including but not limited to the placing of orders for materials, submission of shop drawings and other Submittals for approval, approval of shop drawings by designers, the manufacture and delivery of material, the testing and the installation of materials, supplies and equipment, and all Work activities to be performed by the Contractor. The Contractor shall allow sufficient time in his schedule for all commissioning, required inspections and completion of final punch list(s). Each Work activity will be assigned a time estimate by the Contractor. One day shall be the smallest time unit used. CPM Schedule, Where a CPM schedule is required, it shall be in time-scaled precedence format using the Project Expediter’s logic and time estimates. The CPM schedule shall be drawn or plotted with activities grouped or zoned by Work area or subcontract as opposed to a random (or scattered) format. The CPM schedule shall be time-scaled on a weekly basis and shall be drawn or plotted at a level of detail and logic which will schedule all salient features of the work to be performed by the Contractor. The Contractor shall allow sufficient time in his schedule for all commissioning, required inspections and completion of final punch list(s). Each Work activity will be assigned a time estimate by the Contractor. One day shall be the smallest time unit used. The CPM schedule will identify and describe each activity, state the duration of each activity, the calendar dates for the early and late start and the early and late finish of each activity, and clearly highlight all activities on the critical path. “Total float” and “free float” shall be indicated for all activities. Float time shall not be considered for the exclusive use or benefit of either the Owner or the Contractor, but must be allocated in the best interest of completing the Work within the Contract time. Extensions to the Contract time, when granted by Change Order, will be granted only when equitable time adjustment exceeds the Total Float in the activity or path of activities affected by the change. Early Completion of Project, The Contractor may attempt to complete the project prior to the Contract Completion Date. However, such planned early completion shall be for the Contractor’s convenience only and shall not create any additional rights of the Contractor or obligations of the Owner under this Contract, nor shall it change the Time for Completion or the Contract Completion Date. The Contractor shall not be required to pay liquidated damages to the Owner because of its failure to complete by its planned Page 20 earlier date. Likewise, the Owner shall not pay the Contractor any additional compensation for early completion nor will the Owner owe the Contractor any compensation should the Owner, its officers, employees, or agents cause the Contractor not to complete earlier than the date required by the Contract Documents. h. The proposed project construction schedule shall be presented to the designer no later than fifteen (15) days after written notice to proceed. No application for payment will be processed until this schedule is accepted by the designer and owner. i. The approved project construction schedule shall be distributed to all contractors and displayed at the job site by the Project Expediter. j. The several contractors shall be responsible for their work activities and shall notify the project expediter of any necessary changes or adjustments to their work. The project Expediter shall maintain the project construction schedule, making biweekly adjustments, updates, corrections, etc., that are necessary to finish the project within the Contract time, keeping all contractors and the designer fully informed. Copy of a bar chart schedule annotated to show the current progress shall be submitted by the Contractor(s) to the designer, along with monthly request for payment. For project requiring CPM schedule, the Contractor shall submit a biweekly report of the status of all activities. The bar chart schedule or biweekly status report shall show the actual Work completed to date in comparison with the original Work scheduled for all activities. If any activities of the work of several contractors are behind schedule, the contractor must indicate in writing, what measures will be taken to bring each such activity back on schedule and to ensure that the Contract Completion Date is not exceeded. A plan of action and recovery schedule shall be developed and submitted to the designer by the Project Expediter, when (1) the contractor’s report indicates delays, that are in the opinion of the designer or the owner, of sufficient magnitude that the contractor’s ability to complete the work by the scheduled completion is brought into question: (2) the updated construction schedule is thirty (30) days behind the planned or baseline schedule and no legitimate time extensions, as determined by the designer, are in process; and (3) the contractor desires to make changes in the logic (sequencing of work) or the planned duration of future activities of the CPM schedule which, in the opinion of the designer or the owner, are of a major nature. The plan of action, when required shall be submitted to the Owner for review within two (2) business days of the Contractor receiving the Owner’s written demand. The recovery schedule, when required, shall be submitted to the Owner within five (5) calendar days of the Contractor’s receiving the Owner’s written demand. Failure to provide an updated construction schedule or a recovery schedule may be grounds for rejection of payment applications or withholding of funds as set forth in Article 33. k. The project expediter shall notify each contractor of such events or time frames that are critical to the progress of the job. Such notice shall be timely and reasonable. Should the progress be delayed due to the work of any of the several contract ors, it shall be the duty of the project expediter to immediately notify the contractor(s) responsible for such delay, the designer, the owner and other prime contractors. The designer shall determine the contractor(s) who caused the delays notify the bonding company of the responsible contractor(s) of the delays and shall make a recommendation to the owner regarding further action. l. Designation as project expediter entails an additional project control responsibility and does not alter in any way the responsibility of the contractor so designated, nor the responsibility of the other contractors involved in the project. The project expeditor’s superintendent(s) shall be in attendance at the project site at all times when work is in progress unless conditions are beyond the control of the contractor or until termination of Page 21 the contract in accordance with the contract documents. It is understood that such superintendent shall be acceptable to the owner and designer and shall be the one who will be continued in that capacity for the duration of the project unless he ceases to be on the contractor’s payroll or the owner otherwise agrees. The time commitment of the project superintendent to the project shall be such as to insure satisfactory construction progress & coordination as determined by the project designer and owner and may be as stipulated in the Supplementary General Conditions. ARTICLE 15 - SEPARATE CONTRACTS AND CONTRACTOR RELATIONSHIPS a. Public contracts may be delivered by the following construction delivery methods: single-prime, dual (single-prime and separate-prime), construction manager at risk, and alternative contracting method as approved by the State Building Commission. The owner reserves the right to prepare separate specifications, receive separate bids, and award separate contracts for such other major items of work as may be in the best interest of the State. For the purposes of a single prime contract, refer to Article 1 – Definitions. b. All contractors shall cooperate with each other in the execution of their work, and shall plan their work in such manner as to avoid conflicting schedules or delay of the work. See Article 14, Construction Supervision. c. If any part of contractor's work depends upon the work of another contractor, defects which may affect that work shall be reported to the designer in order that prompt inspection may be made and the defects corrected. Commencement of work by a contractor where such condition exists will constitute acceptance of the other contractor's work as being satisfactory in all respects to receive the work commenced, except as to defects which may later develop. The designer shall be the judge as to the quality of work and shall settle all disputes on the matter between contractors. d. Any mechanical or electrical work such as sleeves, inserts, chases, openings, penetrations, etc., which is located in the work of the general contractor shall be built in by the general contractor. The respective mechanical and electrical contractors shall set all sleeves, inserts and other devices that are to be incorporated into the structure in cooperation and under the supervision of the general contractor. The responsibility for the exact location of such items shall be that of the mechanical and/or electrical contractor. e. The designer and the owner shall have access to the work whenever it is in preparation and progress during normal working hours. The contractor shall provide facilities for such access so the designer may perform his functions under the contract documents. f. Should a contractor cause damage to the work or property of another contractor, he shall be directly responsible, and upon notice, shall promptly settle the claim or otherwise resolve the dispute. ARTICLE 16 - SUBCONTRACTS AND SUBCONTRACTORS a. Within thirty (30) days after award of the contract, the contractor shall submit to the designer and to the owner a list giving the names and addresses of subcontractors and equipment and material suppliers he proposes to use, together with the scope of their respective parts of the work. Should any subcontractor be disapproved by the designer, the designer shall submit his reasons for disapproval in writing to the owner for the owner’s consideration with a copy to the contractor. If the owner concurs with the Page 22 designer's recommendation, the contractor shall submit a substitute for approval. The designer shall act promptly in the approval of subcontractors, and when approval of the list is given, no changes of subcontractors will be permitted except for cause or reason considered justifiable by the designer. b. The designer will furnish to any subcontractor, upon request, evidence regarding amounts of money paid to the contractor on account of the subcontractor's work. c. The contractor is and remains fully responsible for his own acts or omissions as well as those of any subcontractor or of any employee of either. The contractor agrees that no contractual relationship exists between the subcontractor and the owner in regard to the contract, and that the subcontractor acts on this work as an agent or employee of the contractor. d. The owner reserves the right to limit the amount of portions of work to be subcontracted as hereinafter specified. ARTICLE 17 - CONTRACTOR AND SUBCONTRACTOR RELATIONSHIPS The contractor agrees that the terms of these contract documents shall apply equally to each subcontractor as to the contractor, and the contractor agrees to take such action as may be necessary to bind each subcontractor to these terms. The contractor further agrees to conform to the Code of Ethical Conduct as adopted by the Associated General Contractors of America, Inc., with respect to contractor-subcontractor relationships, and that payments to subcontractors shall be made in accordance with the provisions of G.S. 143-134.1 titled “Interest on final payments due to prime contractors: payments to subcontractors.” a. On all public construction contracts which are let by a board or governing body of the state government or any political subdivision thereof, except contracts let by the Department of Transportation pursuant to G.S. 136-28.1, the balance due prime contractors shall be paid in full within 45 days after respective prime contracts of the project have been accepted by the owner, certified by the architect, engineer or designer to be completed in accordance with terms of the plans and specifications, or occupied by the owner and used for the purpose for which the project was constructed, whichever occurs first. Provided, however, that whenever the architect or consulting engineer in charge of the project determines that delay in completion of the project in accordance with terms of the plans and specifications is the fault of the contractor, the project may be occupied and used for the purposes for which it was constructed without payment of any interest on amounts withheld past the 45 day limit. No payment shall be delayed because of the failure of another prime contractor on such project to complete his contract. Should final payment to any prime contractor beyond the date such contracts have been certified to be completed by the designer or architect, accepted by the owner, or occupied by the owner and used for the purposes for which the project was constructed, be delayed by more than 45 days, said prime contractor shall be paid interest, beginning on the 46th day, at the rate of one percent (1%) per month or fraction thereof unless a lower rate is agreed upon on such unpaid balance as may be due. In addition to the above final payment provisions, periodic payments due a prime contractor during construction shall be paid in accordance with the payment provisions of the contract documents or said prime contractor shall be paid interest on any such unpaid amount at the rate stipulated above for delayed final payments. Such interest shall begin on the date the payment is due and continue until the date on which payment is made. Such due date may be established by the terms of the contract. Funds for payment of such interest on state-owned projects shall be obtained from the current budget of the owning department, institution or agency. Where a conditional acceptance Page 23 of a contract exists, and where the owner is retaining a reasonable sum pending correction of such conditions, interest on such reasonable sum shall not apply. b. Within seven days of receipt by the prime contractor of each periodic or final payment, the prime contractor shall pay the subcontractor based on work completed or service provided under the subcontract. Should any periodic or final payment to the subcontractor be delayed by more than seven days after receipt of periodic or final payment by the prime contractor, the prime contractor shall pay the subcontractor interest, beginning on the eighth day, at the rate of one percent (1%) per month or fraction thereof on such unpaid balance as may be due. c. The percentage of retainage on payments made by the prime contractor to the subcontractor shall not exceed the percentage of retainage on payments made by the owner to the prime contractor. Any percentage of retainage on payments made by the prime contractor to the subcontractor that exceeds the percentage of retainage on payments made by the owner to the prime contractor shall be subject to interest to be paid by the prime contractor to the subcontractor at the rate of one percent (1%) per month or fraction thereof. d. Nothing in this section shall prevent the prime contractor at the time of application and certification to the owner from withholding application and certification to the owner for payment to the subcontractor for unsatisfactory job progress; defective construction not remedied; disputed work; third-party claims filed or reasonable evidence that claim will be filed; failure of subcontractor to make timely payments for labor, equipment and materials; damage to prime contractor or another subcontractor; reasonable evidence that subcontract cannot be completed for the unpaid balance of the subcontract sum; or a reasonable amount for retainage not to exceed the initial percentage retained by owner. ARTICLE 18 - DESIGNER'S STATUS a. The designer shall provide general administration of the performance of construction contracts, including liaison and necessary inspection of the work to ensure compliance with plans and specifications. He is the agent of the owner only for the purpose of constructing this work and to the extent stipulated in the contract documents. He has authority to direct work to be performed, to stop work, to order work removed, or to order corrections of faulty work where any such action by the designer may be necessary to assure successful completion of the work. b. The designer is the impartial interpreter of the contract documents, and, as such, he shall exercise his powers under the contract to enforce faithful performance by both the owner and the contractor, taking sides with neither. c. Should the designer cease to be employed on the work for any reason whatsoever, then the owner shall employ a competent replacement who shall assume the status of the former designer. d. The designer and his consultants will make inspections of the project. They will inspect the progress, the quality and the quantity of the work. e. The designer and the owner shall have access to the work whenever it is in preparation and progress during normal working hours. The contractor shall provide facilities for such access so the designer and owner may perform their functions under the contract documents. Page 24 f. Based on the designer's inspections and evaluations of the project, the designer shall issue interpretations, directives and decisions as may be necessary to administer the project. His decisions relating to artistic effect and technical matters shall be final, provided such decisions are within the limitations of the contract. ARTICLE 19 - CHANGES IN THE WORK a. The owner may have changes made in the work covered by the contract. These changes will not invalidate and will not relieve or release the contractor from any guarantee given by him pertinent to the contract provisions. These changes will not affect the validity of the guarantee bond and will not relieve the surety or sureties of said bond. All extra work shall be executed under conditions of the original contract. b. Except in an emergency endangering life or property, no change shall be made by the contractor except upon receipt of an approved change order or written field order from the designer, countersigned by the owner. No claim for adjustments of the contract price shall be valid unless this procedure is followed. A field order, transmitted by fax or hand-delivered, may be used where the change involved impacts the critical path of the work. A formal change order shall be issued as expeditiously as possible. In the event of emergency endangering life or property, the contractor may be directed to proceed on a time and material basis whereupon the contractor shall proceed and keep accurately on such form as specified by the designer or owner, a correct account of costs together with all proper invoices, payrolls and supporting data. Upon completion of the work the change order will be prepared as outlined below under either c.1 or c.2 or both. c. In determining the values of changes, either additive or deductive, contractors are restricted to the use of the following methods: 1. Where the extra work involved is covered by unit prices quoted in the proposal, or subsequently agreed to by the contractor, designer and owner, the value of the change shall be computed by application of unit prices based on quantities, estimated or actual as agreed on the items involved, except in such cases where a quantity exceeds the estimated quantity allowance in the contract by one hundred percent (100%) or more. In such cases, either party may elect to proceed under subparagraph c2 herein. If neither party elects to proceed under c2, then unit prices shall apply. 2. The contracting parties shall negotiate and agree upon the equitable value of the change prior to issuance of the change order, and the change order shall stipulate the corresponding lump sum adjustment to the contract price. d. Under Paragraph b and c.2. above, the allowances for overhead and profit combined shall be as follows: all contractors (the single contracting entity (prime), his subcontractors (first tier), or their subcontractors (second tier, third tier, etc.) shall be allowed a maximum of ten percent (10%) on work they each self-perform; the prime contractor shall be allowed a maximum of five percent (5%) on contracted work of his first tier subcontractor; first tier, second tier, third tier, etc. subcontractors shall be allowed a maximum of two and one-half percent (2.5%) on the contracted work of their subcontractors. Under c.1. no additional allowances shall be made for overhead and profit. In the case of deductible change orders, under c.2. and b. above, the contractor shall include no less than five percent (5%) profit, but no allowances for overhead. Page 25 e. The term "net cost" as used herein shall mean the difference between all proper cost additions and deductions. The "cost" as used herein shall be limited to the following: 1. The actual costs of materials and supplies incorporated or consumed as part of the work. 2. The actual costs of labor expended on the project site. Labor expended in coordination, change order negotiation, record document maintenance, shop drawing revision or other tasks necessary to the administration of the project are considered overhead whether they take place in an office or on the project site. 3. The actual costs of labor burden, limited to the costs of social security (FICA) and Medicare/Medicaid taxes; unemployment insurance costs; health/dental/vision insurance premiums; paid employee leave for holidays, vacation, sick leave, and/or petty leave, not to exceed a total of 30 days per year; retirement contributions; worker’s compensation insurance premiums; and the costs of general liability insurance when premiums are computed based on payroll amounts; the total of which shall not exceed thirty percent (30%) of the actual costs of labor. 4. The actual costs of rental for tools, excluding hand tools; equipment; machinery; vehicles; and temporary facilities required for the work. 5. The actual costs of premiums for bonds, insurance, permit fees, and sales or use taxes related to the work. Overtime and extra pay for holidays and weekends may be a cost item only to the extent approved by the owner. f. Should concealed conditions be encountered in the performance of the work below grade, or should concealed or unknown conditions in an existing structure be at variance with the conditions indicated by the contract documents, the contract sum and time for completion may be equitably adjusted by change order upon claim by either party made within thirty (30) days after the condition has been identified. The cost of such change shall be arrived at by one of the foregoing methods. All change orders shall be supported by a unit cost breakdown showing method of arriving at net cost as defined above. g. In all change orders, the procedure will be for the designer to request proposals for the change order work in writing. The contractor will provide such proposal and supporting data in suitable format. The designer shall verify correctness. Delay in the processing of the change order due to a lack of proper submittal by the contractor of all required supporting data shall not constitute grounds for a time extension or basis for a claim. Within fourteen (14) days after receipt of the contractor’s accepted proposal including all supporting documentation required by the designer, the designer shall prepare the change order and forward to the contractor for his signature or otherwise respond, in writing, to the contractor’s proposal. Within seven (7) days after receipt of the change order executed by the contractor, the designer shall certify the change order by his signature, and forward the change order and all supporting data to the owner for the owner’s approval. The owner shall approve and execute the change order within seven (7) days of receipt. In case of emergency or extenuating circumstances, approval of changes may be obtained verbally by telephone or field orders approved by all parties, then shall be substantiated in writing as outlined under normal procedure. Page 26 h. At the time of signing a change order, the contractor shall be required to certify as follows: "I certify that my bonding company will be notified forthwith that my contract has been changed by the amount of this change order, and that a copy of the approved change order will be mailed upon receipt by me to my surety." i. A change order, when issued, shall be full compensation, or credit, for the extra work included, omitted or substituted. It shall show on its face the adjustment in time for completion of the project as a result of the change in the work. j. If, during the progress of the work, the owner requests a change order and the contractor's terms are unacceptable, the owner may require the contractor to perform such work on a time and material basis whereupon the contractor shall proceed and keep accurately on such form as specified by the designer or owner a correct account of the cost together with all proper invoices, payrolls and supporting data. Upon completion of the work a change order will be prepared with allowances for overhead and profit per paragraph d. above and “net cost” and “cost” per paragraph c. above. Without prejudice, nothing in this paragraph shall preclude the owner from performing or having performed that portion of the work requested in the change order. ARTICLE 20 - CLAIMS FOR EXTRA COST a. Should the contractor consider that as a result of instructions given by the designer, he is entitled to extra cost above that stated in the contract, he shall give written notice thereof to the designer within seven (7) days. The written notice shall clearly state that a claim for extra cost is being made and shall provide a detailed justification for the extra cost. The contractor shall not proceed with the work affected until further advised, except in emergency involving the safety of life or property, which condition is covered in Article 19(b) and Article 11(h). No claims for extra compensation shall be considered unless the claim is so made. The designer shall render a written decision within seven (7) days of receipt of claim. b. The contractor shall not act on instructions received by him from persons other than the designer, and any claims for extra compensation or extension of time on account of such instruction will not be honored. The designer shall not be responsible for misunderstandings claimed by the contractor of verbal instructions which have not been confirmed in writing, and in no case shall instructions be interpreted as permitting a departure from the contract documents unless such instruction is confirmed in writing and supported by a properly authorized change order. c. Should a claim for extra compensation by the contractor that complies with the requirements of (a) above be denied by the designer or owner, and cannot be resolved by a representative of The University of North Carolina General Administration, the contractor may request a mediation in connection with G.S. 143-128(f1) in the dispute resolution rules adopted by the State Building Commission (1 N.C.A.C. 30H .0101 through .1001). If the contractor is unable to resolve its claims as a result of mediation, the contractor may pursue his claim in accordance with the provisions of G.S. 143-135.3 and the following: 1. A contractor who has not completed a contract with an institution of The University of North Carolina and who has not received the amount he claims is due under the contract may submit a verified written claim to the Associate Vice President for Page 27 Finance & University Property Officer of The University of North Carolina General Administration for the amount the contractor claims is due. If the claim remains unresolved after review by the Associate Vice President for Finance, the contractor may submit the verified written claim to the Director of the State Construction Office of the Department of Administration for the amount the contractor claims is due. The Director may deny, allow or compromise the claim, in whole or in part. A claim under this subsection is not a contested case under Chapter 150B of the General Statutes. 2. (a) A contractor who has completed a contract with an institution of University of North Carolina for construction or repair work and who has not received the amount he claims is due under the contract may submit a verified written claim to the Associate Vice President for Finance & University Property Officer of The University of North Carolina General Administration for the amount the contractor claims is due. If the claim remains unresolved after review by the Associate Vice President for Finance, the contractor may submit the verified written claim to the Director of the State Construction Office of the Department of Administration for the amount the contractor claims is due. The claim shall be submitted within sixty (60) days after the contractor receives a final statement of the Associate Vice President’s disposition of his claim and shall state the factual basis for the claim. (b) The Director shall investigate a submitted claim within ninety (90) days of receiving the claim, or within any longer time period upon which the Director and the contractor agree. The contractor may appear before the Director, either in person or through counsel, to present facts and arguments in support of his claim. The Director may allow, deny or compromise the claim, in whole or in part. The Director shall give the contractor a written statement of the Director’s decision on the contractor's claim. (c) A contractor who is dissatisfied with the Director's decision on a claim submitted under this subsection may commence a contested case on the claim under Chapter 150B of the General Statutes. The contested case shall be commenced within sixty (60) days of receiving the director's written statement of the decision. (d) As to any portion of a claim that is denied by the director, the contractor may, in lieu of the procedures set forth in the preceding subsection of this section, within six (6) months of receipt of the director's final decision, institute a civil action for the sum he claims to be entitled to under the contract by filing a verified complaint and the issuance of a summons in the Superior Court of Wake County or in the superior court of any county where the work under the contract was performed. The procedure shall be the same as in all civil actions except that all issues shall be tried by the judge, without a jury. ARTICLE 21 - MINOR CHANGES IN THE WORK The designer will have the authority to order minor changes in the work not involving an adjustment in the contract sum or time for completion, and not inconsistent with the intent of the contract documents. Such changes shall be effected by written order, copied to the owner, and shall be binding on the owner and the contractor. Page 28 ARTICLE 22 - UNCORRECTED FAULTY WORK Should the correction of faulty or damaged work be considered inadvisable or inexpedient by the owner and the designer, the owner shall be reimbursed by the contractor. A change order will be issued to reflect a reduction in the contract sum. ARTICLE 23 - TIME OF COMPLETION, DELAYS, EXTENSION OF TIME a. The time of completion is stated in the Supplementary General Conditions and in the Form of Construction Contract. The Project Expediter, upon notice of award of contract, shall prepare a construction schedule to complete the project within the time of completion as required by Article 14. b. The contractors shall commence work to be performed under this agreement on a date to be specified in a written Notice to Proceed from the designer and shall fully complete all work hereunder within the time of completion stated. Time is of the essence and the contractor acknowledges the owner will likely suffer financial damage for failure to complete the work within the time of completion. For each day in excess of the above number of days, the contractor(s) shall pay the owner the sum stated as liquidated damages reasonably estimated in advance to cover the losses to be incurred by the owner by reason of failure of said contractor(s) to complete the work within the time specified, such time being in the essence of this contract and a material consideration thereof. c. In the event of multiple prime contractors, the designer shall be the judge as to the division of responsibility between the contractor(s), based on the construction schedule, weekly reports and job records, and shall apportion the amount of liquidated damages to be paid by each of them, according to delay caused by any or all of them. d. If the contractor is delayed at any time in the progress of his work solely by any act or negligence of the owner, the designer, or by any employee of either; by any separate contractor employed by the owner; by changes ordered in the work; by labor disputes at the project site; by abnormal weather conditions not reasonably anticipated for the locality where the work is performed; by unavoidable casualties; by any causes beyond the contractor's control; or by any other causes which the designer and owner determine may justify the delay, then the contract time may be extended by change order only for the time which the designer and owner may determine is reasonable. Time extensions will not be granted for rain, wind, snow or other natural phenomena of normal intensity for the locality where work is performed. For purpose of determining extent of delay attributable to unusual weather phenomena, a determination shall be made by comparing the weather for the contract period involved with the average of the preceding five (5) year climatic range during the same time interval based on the National Oceanic and Atmospheric Administration National Weather Service statistics for the locality where work is performed and on daily weather logs kept on the job site by the contractor reflecting the effect of the weather on progress of the work and initialed by the designer's representative. No weather delays shall be considered after the building is dried in unless work claimed to be delayed is on the critical path of the baseline schedule or approved updated schedule. Time extensions for weather delays, acts of God, labor disputes, fires, delays in transportation, unavoidable casualties or other delays which are beyond the control of the owner do not entitle the contractor to compensable damages for delay. Any contractor claim for compensable damages for delays is limited to delays caused solely by the owner or its agents. Contractor caused delays shall be accounted for before owner or designer caused delays in the case of concurrent delays. Page 29 e. Request for extension of time shall be made in writing to the designer with copies to the owner within twenty (20) days following cause of delay. In case of continuing cause for delay, the contractor shall notify the designer in writing with copies to the owner of the delay within twenty (20) days of the beginning of the delay and only one claim is necessary. f. The contractor shall notify his surety in writing of extension of time granted. g. No claim for time extension shall be allowed on account of failure of the designer to furnish drawings or instructions until twenty (20) days after demand for such drawings and/or instructions. See Article 5c. Demand must be in written form clearly stating the potential for delay unless the drawings or instructions are provided. Any delay granted will begin after the twenty (20) day demand period is concluded. ARTICLE 24 - PARTIAL UTILIZATION BENEFICIAL OCCUPANCY a. The owner may desire to occupy or utilize all or a portion of the project prior to completion of the project. b. Should the owner request a utilization of the building or portion thereof, the designer shall perform a designer final inspection of the area after being notified by the contractor that the area is ready for such. After the contractor has completed designer final inspection punch list and the designer has verified, the designer shall schedule a beneficial occupancy inspection at a time and date acceptable to the owner, contractor(s) and State Construction Office. If beneficial occupancy is granted by the owner and State Construction Office, in such areas the following will be established: 1. The beginning of guarantees and warranties period for the equipment necessary to provide support in the area. 2. The owner assumes all responsibilities for utility costs for the entire building 3. Contractor will obtain consent of surety. 4. Contractor will obtain endorsement from insurance company permitting beneficial occupancy. c. The owner shall have the right to exclude the contractor from any part of the project which the designer has so certified to be substantially complete, but the owner will allow the contractor reasonable access to complete or correct work to bring it into compliance with the contract. d. Occupancy by the owner under this article will in no way r elieve the contractor from his contractual requirement to complete the project within the specified time. The contractor will not be relieved of liquidated damages because of beneficial occupancy. The designer may prorate liquidated damages based on the percentage of project occupied. ARTICLE 25 - FINAL INSPECTION, ACCEPTANCE AND PROJECT CLOSEOUT a. Upon notification from the contractor(s) that the project is complete and ready for inspection, the designer shall make a designer final inspection to verify that the project is Page 30 complete and ready for owner and SCO final inspection. Prior to owner & SCO final inspection, the contractor(s) shall complete all items requiring corrective measures noted at the designer final inspection. The designer shall schedule a SCO final inspection at a time and date acceptable to the owner, contractor(s) and State Construction Office. b. At the SCO final inspection, the designer and his consultants shall, if job conditions warrant, record a list of items that are found to be incomplete or not in accordance with the contract documents. At the conclusion of the SCO final inspection, the designer, the owner and State Construction Office representatives shall make one of the following determinations: 1. That the project is completed and accepted. 2. That the project will be accepted subject to correction of the list of discrepancies (punch list). All punch list items must be completed within thirty (30) days of SCO final inspection or the owner may invoke Article 28, Owner's Right to Do Work. 3. That the project is not complete and another date for a SCO final inspection will be established. c. Within fourteen (14) days of final acceptance per Paragraph b1 or within fourteen (14) days after completion of punch list per Paragraph b2 above, the designer shall certify the work and issue applicable certificate(s) of compliance. d. Any discrepancies listed or discovered after the date of SCO final inspection and acceptance under Paragraphs b1 or b2 above, shall be handled in accordance with Article 42, Guarantee. e The final acceptance date will establish the following: 1. The beginning of guarantees and warranties period. 2. The date on which the contractor's insurance coverage for public liability, property damage and builder's risk may be terminated. 3. That no liquidated damages (if applicable) shall be assessed after this date. 4. The termination date of utility cost to the contractor. f. Prior to issuance of final acceptance date, the contractor shall have his authorized representatives visit the project and give full instructions to the owner’s designated personnel regarding operating, maintenance, care, and adjustment of all equipment and special construction elements. In addition, the contractor shall provide the owner a complete instructional video (media format acceptable to the owner) on the operation, maintenance, care, and adjustment of all equipment and special construction elements. ARTICLE 26 - CORRECTION OF WORK BEFORE FINAL PAYMENT a. Any work, materials, fabricated items or other parts of the work which have been condemned or declared not in accordance with the contract by the designer shall be promptly removed from the work site by the contractor, and shall be immediately replaced by new work in accordance with the contract at no additional cost to the owner. Work or property of other contractors or the owner, damaged or destroyed by virtue of Page 31 such faulty work, shall be made good at the expense of the contractor whose work is faulty. b. Correction of condemned work described above shall commence within twenty-four (24) hours after receipt of notice from the designer, and shall make satisfactory progress, as determined by the designer, until completed. c. Should the contractor fail to proceed with the required corrections, then the owner may complete the work in accordance with the provisions of Article 28. ARTICLE 27 - CORRECTION OF WORK AFTER FINAL PAYMENT See Article 35, Performance Bond and Payment Bond, and Article 42, Guarantee. Neither the final certificate, final payment, occupancy of the premises by the owner, nor any provision of the contract, nor any other act or instrument of the owner, nor the designer, shall relieve the contractor from responsibility for negligence, or faulty material or workmanship, or failure to comply with the drawings and specifications. The contractor shall correct or make good any defects due thereto and repair any damage resulting therefrom which may appear during the guarantee period following final acceptance of the work except as stated otherwise under Article 42, Guarantee. The owner will report any defects as they may appear to the contractor and establish a time limit for completion of corrections by the contractor. The owner will be the judge as to the responsibility for correction of defects. ARTICLE 28 - OWNER'S RIGHT TO DO WORK If, during the progress of the work or during the period of guarantee, the contractor fails to prosecute the work properly or to perform any provision of the contract, the owner, after seven (7) days' written notice sent by certified mail, return receipt requested, to the contractor from the designer, may perform or have performed that portion of the work. The cost of the work may be deducted from any amounts due or to become due to the contractor, such action and cost of same having been first approved by the designer. Should the cost of such action of the owner exceed the amount due or to become due the contractor, then the contractor or his surety, or both, shall be liable for and shall pay to the owner the amount of said excess. ARTICLE 29 - ANNULMENT OF CONTRACT If the contractor fails to begin the work under the contract within the time specified, or the progress of the work is not maintained on schedule, or the work is not completed with in the time above specified, or fails to perform the work with sufficient workmen and equipment or with sufficient materials to ensure the prompt completion of said work, or shall perform the work unsuitably or shall discontinue the prosecution of the work, or if the contractor shall become insolvent or be declared bankrupt or commit any act of bankruptcy or insolvency, or allow any final judgment to stand against him unsatisfied for a period of forty-eight (48) hours, or shall make an assignment for the benefit of creditors, or for any other cause whatsoever shall not carry on the work in an acceptable manner, the owner may give notice in writing, sent by certified mail, return receipt requested, to the contractor and his surety of such delay, neglect or default, specifying the same, and if the contractor within a period of seven (7) days after such notice shall not proceed in accordance therewith, then the owner shall, declare this contract in default, and, thereupon, the surety shall promptly take over the work and complete the performance of this contract in the manner and within the time frame specified. In the event the surety shall fail to take over the work to be done under this contract within seven (7) days after being so notified and notify the owner in writing, sent by certified mail, return receipt requested, that he is taking the same over and stating that he will diligently pursue and complete the same, the owner shall have full power and authority, Page 32 without violating the contract, to take the prosecution of the work out of the hands of said contractor, to appropriate or use any or all contract materials and equipment on the grounds as may be suitable and acceptable and may enter into an agreement, either by public letting or negotiation, for the completion of said contract according to the terms and provisions thereof or use such other methods as in his opinion shall be required for the completion of said contract in an acceptable manner. All costs and charges incurred by the owner, together with the costs of completing the work under contract, shall be deducted from any monies due or which may become due said contractor and surety. In case the expense so incurred by the owner shall be less than the sum which would have been payable under the contract, if it had been completed by said contractor, then the said contractor and surety shall be entitled to receive the difference, but in case such expense shall exceed the sum which would have been payable under the contract, then the contractor and the surety shall be liable and shall pay to the owner the amount of said excess. ARTICLE 30 - CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE THE CONTRACT a. Should the work be stopped by order of a court having jurisdiction, or by order of any other public authority for a period of three months, due to cause beyond the fault or control of the contractor, or if the owner should fail or refuse to make payment on account of a certificate issued by the designer within forty-five (45) days after receipt of same, then the contractor, after fifteen (15) days' written notice sent by certified mail, return receipt requested, to the owner and the designer, may suspend operations on the work or terminate the contract. b. The owner shall be liable to the contractor for the cost of all materials delivered and work performed on this contract plus ten (10) percent overhead and profit and shall make such payment. The designer shall be the judge as to the correctness of such payment. ARTICLE 31 - REQUEST FOR PAYMENT a. Not later than the fifth day of the month, the contractor shall submit to the designer a request for payment for work done during the previous month. The request shall be in the form agreed upon between the contractor and the designer, but shall show substantially the value of work done and materials delivered to the site during the period since the last payment, and shall sum up the financial status of the contract with the following information: 1. Total of contract including change orders. 2. Value of work completed to date. 3. Less five percent (5%) retainage, provided however, that after fifty percent (50%) of the contractor’s work has been satisfactorily completed on schedule, with approval of the owner and written consent of the surety, further requirements for retainage will be waived only so long as work continues to be completed satisfactorily and on schedule. 4. Less previous payments. 5. Current amount due. Page 33 b. The contractor, upon request of the designer, shall substantiate the request with invoices of vouchers or payrolls or other evidence. c. Prior to submitting the first request, the contractor shall prepare for the designer a schedule showing a breakdown of the contract price into values of the various parts of the work, so arranged as to facilitate payments to subcontractors in accordance with Article 17, Contractor and Subcontractor Relationships. The contractor(s) shall list the value of each subcontractor and supplier, identifying each minority business subcontractor and supplier as listed in Affidavit C, if applicable. d. When payment is made on account of stored materials and equipment, such materials must be stored on the owner's property, and the requests for payments shall be accompanied by invoices or bills of sale or other evidence to establish the owner's title to such materials and equipment. Such payments will be made only for materials that have been customized or fabricated specifically for this project. Raw materials or commodity products including but not limited to piping, conduit, CMU, metal studs and gypsum board may not be submitted. Responsibility for such stored materials and equipment shall remain with the contractor regardless of ownership title. Such stored materials and equipment shall not be removed from the owner's property. Should the space for storage on-site be limited, the contractor, at his option, shall be permitted to store such materials and/or equipment in a suitable space off-site. Should the contractor desire to include any such materials or equipment in his application for payment, they must be stored in the name of the owner in an independent, licensed, bonded warehouse approved by the designer and the owner and located as close to the site as possible. The warehouse selected must be approved by the contractor's bonding and insurance companies; the material to be paid for shall be assigned to the owner and shall be inspected by the designer. Upon approval by the designer and owner of the storage facilities and materials and equipment, payment therefore will be certified. Responsibility for such stored materials and equipment shall remain with the contractor. Such stored materials and equipment shall not be moved except for transportation to the project site. Under certain conditions, the designer may approve storage of materials at the point of manufacture, which conditions shall be approved by the designer and the owner prior to approval for the storage and shall include an agreement by the storing party which unconditionally gives the State absolute right to possession of the materials at anytime. Bond, security and insurance protection shall continue to be the responsibility of the contractor(s). e. On projects requiring a Critical Path Method (CPM) construction schedule, the project expediter will submit with each monthly pay application to the designer a current CPM schedule in a computerized precedence network format on a compact disc. The schedule will include all construction activities to be accomplished during the project to be properly sequenced and coordinated with elements of the work. The schedule shall be assembled from input presented and mutually coordinated by all the contractors (and/or subcontractors) and integrated into a single, overall schedule. The project expediter will show all the scheduled work activities, including their subcontractors, and the sequence and interdependence (predecessors and successors) of the activities. The schedule shall show the total project duration including milestone dates. The critical path shall be clearly indicated. The schedule shall be in such a format that it can be read (imported) in Microsoft Project or Primavera P6. Failure to submit the construction schedule on compact disc media in an acceptable format will result in the pay application being denied. f. In the event of beneficial occupancy, retainage of funds due the contractor(s) may be reduced with the approval of the owner to an equitable amount to cover the list of items Page 34 to be completed or corrected. Retainage may not be reduced to less than two and one-half (2 1/2) times the estimated value of the work to be completed or corrected. Reduction of retainage must be with the consent and approval of the contractor's bonding company. ARTICLE 32 - CERTIFICATES OF PAYMENT AND FINAL PAYMENT a. Within five (5) days from receipt of request for payment from the contractor, the designer shall issue and forward to the owner a certificate for payment. This certificate shall indicate the amount requested or as approved by the designer. If the certificate is not approved by the designer, he shall state in writing to the contractor and the owner his reasons for withholding payment. b. No certificate issued or payment made shall constitute an acceptance of t he work or any part thereof. The making and acceptance of final payment shall constitute a waiver of all claims by the owner except: 1. Claims arising from unsettled liens or claims against the contractor. 2. Faulty work or materials appearing after final payment. 3. Failure of the contractor to perform the work in accordance with drawings and specifications, such failure appearing after payment. 4. As conditioned in the performance bond and payment bond. c. The making and acceptance of final payment shall constitute a waiver of all claims by the contractor except those claims previously made and remaining unsettled (Article 20(c)). d. Prior to submitting request for final payment to the designer for approval, the contractor shall fully comply with all requirements specified in the “project closeout” section of the specifications. These requirements include but are not limited to the following: 1. Submittal of Product and Operating Manuals, Warranties and Bonds, Guarantees, Maintenance Agreements, As-Built Drawings, Certificates of Inspection or Approval from agencies having jurisdiction. (The designer must approve the Manuals prior to delivery to the owner). 2. Transfer of Required attic stock material and all keys in an organized manner. 3. Record of Owner’s training. 4. Resolution of any final inspection discrepancies. 5. Granting access to contractor’s records, if owner’s internal auditors have made a request for such access pursuant to Article 52. e. The contractor shall forward to the designer, the final application for payment along with the following documents: 1. List of minority business subcontractors and material suppliers showing breakdown of contract amounts and total actual payments to subcontractors and material suppliers. Page 35 2. Affidavit of Release of Liens. 3. Affidavit of contractors of payment to material suppliers and subcontractors. (See Article 36). 4. Consent of Surety to Final Payment. 5. Certificates of state agencies required by state law. f. The designer will not authorize final payment until the work under contract has been certified by designer, certificates of compliance issued, and the contractor has complied with the closeout requirements. The designer shall forward the contractor’s final application for payment to the owner along with respective certificate(s) of compliance required by law. ARTICLE 33 - PAYMENTS WITHHELD a. The designer with the approval of the owner may withhold payment for the following reasons: 1. Faulty work not corrected. 2. The unpaid balance on the contract is insufficient to complete the work in the judgment of the designer. 3. To provide for sufficient contract balance to cover liquidated damages that will be assessed. b. The owner may authorize the withholding of payment for the following reasons: 1. Claims filed against the contractor or evidence that a claim will be filed. 2. Evidence that subcontractors have not been paid. c. The owner may withhold all or a portion of the contractor’s general conditions costs set forth in the approved schedule of values if the contractor has failed to comply with: (1) a request to access its records by the owner’s internal auditors pursuant to Article 52; (2) a request for a plan of action and/or recovery schedule under Article 14j; (3) a request to provide electronic copies of contractor’s baseline schedule and/or updates with all logic used to create schedules in the original format of the scheduling software; and (4) contractor’s failure to have its superintendent on the project as provided in Article14.l and/or as stipulated in the Supplementary General Conditions. d. When grounds for withholding payments have been removed, payment will be released. Delay of payment due the contractor without cause will make owner liable for payment of interest to the contractor in accordance with G.S. 143-134.1. As provided in G.S. 143-134.1(e) the owner shall not be liable for interest on payments withheld by the owner for unsatisfactory job progress, defective construction not remedied, disputed work, or third party-claims filed against the owner or reasonable evidence that a third- party claim will be filed. Page 36 ARTICLE 34 - MINIMUM INSURANCE REQUIREMENTS The work under this contract shall not commence until the contractor has obtained all required insurance and verifying certificates of insurance have been approved in writing by the owner. These certificates shall document that coverage afforded under the policies will not be cancelled, reduced in amount or coverages eliminated until at least thirty (30) days after mailing written notice, by certified mail, return receipt requested, to the insured and the owner of such alteration or cancellation. If endorsements are needed to comply with the notification or other requirements of this article copies of the endorsements shall be submitted with the certificates. a. Worker's Compensation and Employer's Liability The contractor shall provide and maintain, until final acceptance, workmen's compensation insurance, as required by law, as well as employer's liability coverage with minimum limits of $100,000. b. Public Liability and Property Damage The contractor shall provide and maintain, until final acceptance, comprehensive general liability insurance, including coverage for premises operations, independent contractors, completed operations, products and contractual exposures, as shall protect such contractors from claims arising out of any bodily injury, including accidental death, as well as from claims for property damages which may arise from operations under this contract, whether such operations be by the contractor or by any subcontractor, or by anyone directly or indirectly employed by either of them and the minimum limits of such insurance shall be as follows: Bodily Injury: $500,000 per occurrence Property Damage: $100,000 per occurrence / $300,000 aggregate In lieu of limits listed above, a $500,000 combined single limit shall sat isfy both conditions. Such coverage for completed operations must be maintained for at least two (2) years following final acceptance of the work performed under the contract. c. Property Insurance (Builder’s Risk/ Installation Floater) The contractor shall purchase and maintain property insurance until final acceptance, upon the entire work at the site to the full insurable value thereof. This insurance shall include the interests of the owner, the contractor, the subcontractors and subcontractors in the work and shall insure against the perils of fire, wind, rain, flood, extended coverage, and vandalism and malicious mischief. If the owner is damaged by failure of the contractor to purchase or maintain such insurance, then the contractor shall bear all reasonable costs properly attributable thereto; the contractor shall effect and maintain similar property insurance on portions of the work stored off the site when request for payment per articles so includes such portions. d. Deductible Any deductible, if applicable to loss covered by insurance provided, is to be borne by the contractor Page 37 e. Other Insurance The contractor shall obtain such additional insurance as may be required by the owner or by the General Statutes of North Carolina including motor vehicle insurance, in amounts not less than the statutory limits. f. Proof of Carriage The contractor shall furnish the owner with satisfactory proof of carriage of the insurance required before written approval is granted by the owner. ARTICLE 35 - PERFORMANCE BOND AND PAYMENT BOND a. Each contractor shall furnish a performance bond and payment bond executed by a surety company authorized to do business in North Carolina. The bonds shall be in the full contract amount. Bonds shall be executed in the form bound with these specifications. b. All bonds shall be countersigned by an authorized agent of the bonding company who is licensed to do business in North Carolina. ARTICLE 36 - CONTRACTOR'S AFFIDAVIT The final payment of retained amount due the contractor on account of the contract shall not become due until the contractor has furnished to the owner through the designer an affidavit signed, sworn and notarized to the effect that all payments for materials, services or subcontracted work in connection with his contract have been satisfied, and that no claims or liens exist against the contractor in connection with this contract. In the event that the contractor cannot obtain similar affidavits from subcontractors to protect the contractor and the owner from possible liens or claims against the subcontractor, the contractor shall state in his affidavit that no claims or liens exist against any subcontractor to the best of his (the contractor's) knowledge, and if any appear afterward, the contractor shall save the owner harmless. ARTICLE 37 - ASSIGNMENTS The contractor shall not assign any portion of this contract nor subcontract in its entirety. Except as may be required under terms of the performance bond or payment bond, no funds or sums of money due or become due the contractor under the contract may be assigned. ARTICLE 38 - USE OF PREMISES a. The contractor(s) shall confine his apparatus, the storage of materials and the operations of his workmen to limits indicated by law, ordinances, permits or directions of the designer and owner and shall not exceed those established limits in his operations. b. The contractor(s) shall not load or permit any part of the structure to be loaded with a weight that will endanger its safety. c. The contractor(s) shall enforce the designer's and owner’s instructions regarding signs, advertisements, fires and smoking. Page 38 d. No firearms, any type of alcoholic beverages, or drugs (other than those prescribed by a physician) will be permitted at the job site. ARTICLE 39 - CUTTING, PATCHING AND DIGGING a. The contractor shall do all cutting, fitting or patching of his work that may be required to make its several parts come together properly and fit it to receive or be received by work of other contractors shown upon or reasonably implied by the drawings and specifications for the completed structure, as the designer may direct. b. Any cost brought about by defective or ill-timed work shall be borne by the party responsible therefor. c. No contractor shall endanger any work of another contractor by cutting, digging or other means. No contractor shall cut or alter the work of any other contractor without the consent of the designer and the affected contractor(s). ARTICLE 40 - UTILITIES, STRUCTURES, SIGNS a. The contractor shall provide necessary and adequate facilities for water, electricity, gas, oil, sewer and other utility services which may be necessary and required for completion of the project including all utilities required for testing, cleaning, balancing and sterilization of designated plumbing, mechanical and electrical systems. Any permanent meters installed shall be listed in the contractor’s name until work has a final acceptance. The contractor will be solely responsible for all utility costs prior to final acceptance unless stipulated otherwise in the project specifications. The contractor shall contact all affected utility companies prior to bid to determine their requirements to provide temporary and permanent service and include all costs associated with providing those services in their bid unless otherwise stipulated. Coordination of the work of the utility companies during construction is the sole responsibility of the contractor. b. Meters shall be relisted in the owner's name on the day following final acceptance of the work, and the owner shall pay for services used after that date. c. The owner shall be reimbursed for all metered utility charges after the meter is relisted in the owner's name and prior to completion and acceptance of the work of all contractors. Reimbursement shall be made by the contractor whose work has not been completed and accepted. If the work of two or more contractors has not been completed and accepted, reimbursement to the owner shall be paid by the contractors involved on the basis of assessments by the designer. d. Prior to the operation of permanent systems, the General Contractor will provide temporary power, lighting, water, and heat to maintain space temperature above freezing, as required for construction operations. e. All contractors shall have the permanent building systems in sufficient readiness for furnishing temporary climatic control at the time a building is enclosed and secured. The HVAC systems shall maintain climatic control throughout the enclosed portion of the building sufficient to allow completion of the interior finishes of the building. A building shall be considered enclosed and secured when windows, doorways (exterior, mechanical, and electrical equipment rooms), and hardware are installed; and other openings have protection which will provide reasonable climatic control. The Page 39 appropriate time to start the mechanical systems and climatic condition shall be jointly determined by the contractor(s), the designer and the owner. Use of the equipment in this manner shall be subject to the approval of the designer and owner and shall in no way affect the warranty requirements of the contractor(s). f. The electrical contractor shall have the building's permanent power wiring distribution system in sufficient readiness to provide power as required by the HVAC contractor for temporary climatic control. g. The electrical contractor shall have the building's permanent lighting system ready at the time the general contractor begins interior painting and shall provide adequate lighting in those areas where interior painting and finishing is being performed. h. Each prime contractor shall be responsible for his permanently fixed service facilities and systems in use during progress of the work. The following procedures shall be strictly adhered to: 1. Prior to acceptance of work by the State Construction Office and owner, each contractor shall remove and replace any parts of the permanent building systems damaged through use during construction. 2. Temporary filters as recommended by the equipment manufacturer in order to keep the equipment and ductwork clean and free of dust and debris shall be installed in each of the heating and air conditioning units and at each return grille during construction. New filters shall be installed in each unit prior to the owner's acceptance of the work. 3. Extra effort shall be maintained to keep the building and the site adjacent to the building clean and under no circumstances shall air systems be operated if finishing operations are creating dust in excess of what would be considered normal if the building were occupied. 4. It shall be understood that any warranty on equipment presented to the owner shall extend from the day of final acceptance by the owner. The cost of warranting the equipment during operation in the finishing stages of construction shall be borne by the contractor whose system is utilized. 5. The electrical contractor shall have all lamps in proper working condition at the time of final project acceptance. i. The General Contractor shall provide, if required and where directed, a shed for toilet facilities and shall furnish and install in this shed all water closets required for a complete and adequate sanitary arrangement. These facilities will be available to other contractors on the job and shall be kept in a neat and sanitary condition at all times. Chemical toilets are acceptable. j. The General Contractor shall, if required by the Supplementary General Conditions and where directed, erect a temporary field office, complete with lights, telephone, heat and air conditioning. A portion of this office shall be partitioned off, of sufficient size, for the use of a resident inspector, should the designer so direct. k. On multi-story construction projects, the General Contractor shall provide temporary elevators, lifts, or other special equipment for the general use of all contractors. The cost Page 40 for such elevators, lifts or other special equipment and the operation thereof shall be included in the General Contractor’s bid. l. The General Contractor will erect one sign on the project if required. The sign shall be of sound construction, and shall be neatly lettered with black letters on white background. The sign shall bear the name of the project, and the names of prime contractors on the project, and the name of the designer and consultants. Directional signs may be erected on the owner's property subject to approval of the owner with respect to size, style and location of such directional signs. Such signs may bear the name of the contractor an d a directional symbol. No other signs will be permitted except by permission of the owner. ARTICLE 41 - CLEANING UP a. The contractors shall keep the building and surrounding area reasonably free from rubbish at all times, and shall remove debris from the site on a timely basis or when directed to do so by the designer or General Contractor. The General Contractor shall provide an on site refuse container(s) for the use of all contractors. Each contractor shall remove their rubbish and debris from the building on a daily basis. The General Contractor shall broom clean the building as required to minimize dust and dirt accumulation. b. The General Contractor shall provide and maintain suitable all-weather access to the building. c. Before final inspection and acceptance of the building, each contractor shall clean his portion of the work, including glass, hardware, fixtures, masonry, tile and marble (using no acid), clean and wax all floors as specified, and completely prepare the building for use by the owner, with no cleaning required by the owner. ARTICLE 42 - GUARANTEE a. The contractor shall unconditionally guarantee materials and workmanship against patent defects arising from faulty materials, faulty workmanship or negligence for a period of twelve (12) months following the date of final acceptance of the work or beneficial occupancy; and shall replace such defective materials or workmanship without cost to the owner. b. Where items of equipment or material carry a manufacturer's warranty for any period in excess of twelve (12) months, then the manufacturer's warranty shall apply for that particular piece of equipment or material. The contractor shall replace such defective equipment or materials, without cost to the owner, within the manufacturer's warranty period. c. Additionally, the owner may bring an action for latent defects caused by the negligence of the contractor which is hidden or not readily apparent to the owner at the time of beneficial occupancy or final acceptance, whichever occurred first, in accordance with applicable law. d. Guarantees for roof, equipment, materials, and supplies shall be stipulated in the specifications sections governing such roof, equipment, materials, or supplies. Page 41 ARTICLE 43 - CODES AND STANDARDS Wherever reference is given to codes, standard specifications or other data published by regulating agencies including, but not limited to, national electrical codes, North Carolina state building codes, federal specifications, ASTM specifications, various institute specifications, etc., it shall be understood that such reference is to the latest edition including addenda published prior to the date of the contract documents. ARTICLE 44 - INDEMNIFICATION To the fullest extent permitted by law, the contractor shall indemnify and hold harmless the owner, the designer and the agents, consultants and employees of the owner and designer, from and against all claims, damages, losses and expenses, including, but not limited to, attorneys' fees, arising out of or resulting from the performance or failure of performance of the work, provided that any such claim, damage, loss or expense (1) 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, and (2) is caused in whole or in part by any negligent act or omission of the contractor, the contractor's subcontractor, or the agents of either the contractor or the contractor's subcontractor. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this article. ARTICLE 45 - TAXES a. Federal excise taxes do not apply to materials entering into state work (Internal Revenue Code, Section 3442(3)). b. Federal transportation taxes do not apply to materials entering into state work (Internal Revenue Code, Section 3475(b) as amended). c. North Carolina sales tax and use tax, as required by law, do apply to materials entering into state work, and such costs shall be included in the bid proposal and contract sum. d. Local option sales and use taxes, as required by law, do apply to materials entering into state work as applicable, and such costs shall be included in the bid proposal and contract sum. e. Accounting Procedures for Refund of County Sales & Use Tax Amount of county sales and use tax paid per contractor's statements: Contractors performing contracts for state agencies shall give the state agency for whose project the property was purchased a signed statement containing the information listed in G.S. 105-164.14(e). The Department of Revenue has agreed that in lieu of obtaining copies of sales receipts from contractors, an agency may obtain a certified statement from the contractor setting forth the date, the type of property and the cost of the property purchased from each vendor, the county in which the vendor made the sale and the amount of local sales and use taxes paid thereon. If the property was purchased out-of-state, the county in which the property was delivered should be listed. The contractor should also be notified that the certified statement may be subject to audit. Page 42 In the event the contractors make several purchases from the same vendor, such certified statement must indicate the invoice numbers, the inclusive dates of the invoices, the total amount of the invoices, the counties, and the county sales and use taxes paid thereon. Name of taxing county: The position of a sale is the retailer's place of business located within a taxing county where the vendor becomes contractually obligated to make the sale. Therefore, it is important that the county tax be reported for the county of sale rather than the county of use. When property is purchased from out-of-state vendors and the county tax is charged, the county should be identified where delivery is made when reporting the county tax. Such statement must also include the cost of any tangible personal property withdrawn from the contractor's warehouse stock and the amount of county sales or use tax paid thereon by the contractor. Similar certified statements by his subcontractors must be obtained by the general contractor and furnished to the claimant. Contractors are not to include any tax paid on supplies, tools and equipment which they use to perform their contracts and should include only those building materials, supplies, fixtures and equipment which actually become a part of or annexed to the building or structure. ARTICLE 46 - EQUAL OPPORTUNITY CLAUSE The non-discrimination clause contained in Section 202 (Federal) Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin, and the implementing rules and regulations prescribed by the secretary of Labor, are incorporated herein. ARTICLE 47 - EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES The contractors agree not to discriminate against any employee or applicant for employment because of physical or mental disabilities in regard to any position for which the employee or applicant is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals with such disabilities without discrimination based upon their physical or mental disability in all employment practices. ARTICLE 48 - ASBESTOS-CONTAINING MATERIALS (ACM) The State of North Carolina has attempted to address all asbestos -containing materials that are to be disturbed in the project. However, there may be other asbestos-containing materials in the work areas that are not to be disturbed and do not create an exposure hazard. Contractors are reminded of the requirements of instructions under Instructions to Bidders and General Conditions of the Contract, titled Examination of Conditions. Statute 130A, Article 19, amended August 3, 1989, established the Asbestos Hazard Management Program that controls asbestos abatement in North Carolina. The latest edition of Guideline Criteria for Asbestos Abatement from the State Construction Office is to be incorporated in all asbestos abatement projects for the Capital Improvement Program. Page 43 ARTICLE 49 - MINORITY BUSINESS PARTICIPATION GS 143-128.2 establishes a ten percent (10%) goal for participation by minority business in total value of work for each State building project. The document Guidelines for Recruitment and Selection of Minority Businesses for Participation in State Construction Contracts including Affidavits and Appendix E are hereby incorporated and made a part of this contract. ARTICLE 50 – CONTRACTOR EVALUATION The Contractor’s overall work performance on the project shall be fairly evaluated in accordance with the State Building Commission policy and procedures, for determining qualifications to bid on future State capital improvement projects. In addition to final evaluation, interim evaluation may be prepared during the progress of project. The document, Contractor Evaluation Procedures, is hereby incorporated and made a part of this contract. The owner may request the contractor’s comments to evaluate the designer. ARTICLE 51- GIFTS Pursuant to General Statute 133-32, it is unlawful for any vendor or contractor (i.e. architect, bidder, contractor, construction manager, design professional, engineer, subcontractor, supplier, etc.) to make gifts or give favors to any State employee. This prohibition covers those vendors and contractors who: (1) have a contract with a government agency; or (2) have performed under such a contract during the past year; or (3) anticipate bidding on such a contract in the future. For additional information regarding the specific requirements and exemptions, vendors and contractors are encouraged to review General Statute 133-32. The contractor is prohibited from making gifts to any of the owner’s employees, owner’s project representatives (architect, engineers, construction manager and their employees), employees of the State Construction Office and/or any other state employees that may have any involvement, influence, responsibilities, oversight, management and/or duties that pertain to and/or relate to the construction administration, financial administration and/or disposition of claims arising from and/or relating to the contract and/or the project. ARTICLE 52 – AUDITING – ACCESS TO PERSONS AND RECORDS In accordance with General Statute.147-64.7, the State Auditor shall have access to the contractor’s officers, employees, agents and/or other persons in control of and/or responsible for the contractor’s records that relate to this contract for purposes of conducting audits under the referenced statute. The owner’s internal auditors shall also have the right to access and copy the contractor’s records relating to the contract and project during the term of the contract and within two years following the completion of the project/close out of the contract to verify accounts, accuracy, information, calculations and/or data affecting and/ or relating to contractor’s requests for payment, requests for change orders, change orders, claims for extra work, requests for time extensions and related claims for delay/extended general conditions costs, claims for lost productivity, claims for lost efficiency, claims for idle equipment or labor, claims for price/cost escalation, pass-through claims of Page 44 subcontractors and/or suppliers, and/or any other type of claim for payment or damages from the owner and/or the owner’s project representatives. ARTICLE 53 – NORTH CAROLINA FALSE CLAIMS ACT The North Carolina False Claims Act (NCFCA), General Statute 1-605 through 1-618, applies to this contract. The contractor should familiarize itself with the entire NCFCA and its applicability to any requests, demands and/or claims for payment submitted to the State through the contracting university or affiliate. The purpose of the NCFCA “is to deter persons from knowingly causing or assisting in causing the state to pay claims that are false or fraudulent and to provide remedies in the form of treble damages and civil penalties when money is obtained from the state by reason of a false or fraudulent claim” (Section 1-605[b]). A contractor’s liability under NCFCA may arise from, but not be limited to: requests for payment, invoices, billing, claims for extra work, requests for change orders, requests for time extensions, claims for delay damages/extended general conditions costs, claims for lost productivity, claims for lost efficiency, claims for idle equipment or labor, claims for price/cost escalation, pass through claims of subcontractors and/or suppliers, documentation used to support any of the foregoing requests for claims, and/or any other request for payment from the state through the contracting state agency, institution or university. The parts of the NCFCA that are most likely to be enforced with respect to this type of contract are as follows: A “claim” is “[a]ny request or demand, whether under a contract or otherwise, for money or property and whether or not the State has title to the money or property that (i) is presented to an officer, employee, or agent of the State or (ii) is made by a contractor…if the money or property is to be spent or used on the State’s behalf or to advance a State program or interest and if the State government: (a) provides or has provided any portion of the money or property that is requested or demanded; or (b) will reimburse such contractor… for any portion of the money or property which is requested or demanded.” (Section 1-606(2).) “Knowing” and “knowingly” – whenever a person, with respect to information, does any of the following: (a) Has actual knowledge of the information; (b) Acts in deliberate ignorance of the truth or falsity of the information; and/or (c) Acts in reckless disregard of the truth or falsity of the information. (Section 1-606 (4).) Proof of specific intent to defraud is not required. (Section 1-606 (4).) “Material” means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property. (Section 1-606(4).) Liability – “Any person who commits any of the following acts shall be liable to the State for three times the amount of damages that the State sustains because of the act of that person[:] …(1) Knowingly presents or causes to be presented a false or fraudulent claim for payment or approval. (2) Knowingly makes, uses, or causes to be made or used, a Page 45 false record or statement material to a false or fraudulent claim. (3) Conspires to commit a violation of subdivision (1), (2) …” (Section 1-607(a)(1), (2).) The NCFCA shall be interpreted and construed so as to be consistent with the federal False Claims Act, 31 U.S.C. 3729, et seq., and any subsequent amendments to that act. (Section 1-616©.) Finally, the contracting university or affiliate may refer any suspected violation of the NCFCA by the contractor to the Attorney General’s Office for investigation. Under Section 1-608(a), the Attorney General is responsible for investigating any violation of NCFCA, and may bring a civil action against the contractor under the NCFCA. The Attorney General’s investigation and any civil action relating thereto are independent and not subject to any dispute resolution provision set forth in this contract. (See Section 1-608(a).) ARTICLE 54 – TERMINATION FOR CONVENIENCE a. The owner may, at any time and for any reason terminate the contractor’s services and work at the owner’s convenience. Upon receipt of such notice, the contractor shall, unless the notice directs otherwise, immediately discontinue the work and placing orders for materials, facilities and supplies in connection with the performance of this agreement. b. Upon such termination, the contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this agreement; plus, (2) such other costs actually incurred by the contractor as are permitted by the prime contract and approved by the owner; (3) plus ten percent (10%) of the cost of the work referred to in subparagraph (1) above for overhead and profit. There shall be deducted from such sums as provided in this subparagraph the amount of any payments made to the contractor prior to the date of the termination of this agreement. The contractor shall not be entitled to any claim or claim of lien against the owner for any additional compensation or damages in the event of such termination and payment. SCO-Proposal Form 2013 1 of 4 F O R M O F P R O P O S A L Parking Reconfiguration and Expansion Contract: The North Carolina Arboretum Bidder: SCO-ID # 19-20205-01 Date: The undersigned, as bidder, hereby declares that the only person or persons interested in this pro posal as principal or principals is or are named herein and that no other person than herein mentioned has any interest in this proposal or in the contract to be entered into; that this proposal is made without connection with any other person, company or parties making a bid or proposal; and that it is in all respects fair and in good faith without collusion or fraud. The bidder further declar es that he has examined the site of the work and the contract documents relative thereto, and has read all special provisions furnished prior to the opening of bids; that he has satisfied himself relative to the work to be performed. The bidder further declares that he and his subcontractors have fully complied with NCGS 64, Article 2 in regards to E-Verification as required by Section 2.(c) of Session Law 2013-418, codified as N.C. Gen. Stat. § 143-129(j). . The Bidder proposes and agrees if this proposal is accepted to contract with the State of North Carolina through the North Carolina Arboretum. in the form of contract specified below, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete the construction of Contract 689-19-01, Parking Reconfiguratino and Expansion, SCO ID No. 19-20205-01, The North Carolina Arboretum. in full in complete accordance with the plans, specifications and contract documents, to the full and entire satisfaction of the State of North Carolina, the North Carolina Arboretum, and Bell Engineering. with a definite understanding that no money will be allowed for extra work except as set forth in the General Conditions and the contract documents, for the sum of: SINGLE PRIME CONTRACT: Base Bid: Dollars($) General Subcontractor: Plumbing Subcontractor: Lic Mechanical Subcontractor: Electrical Subcontractor: Lic Lic GS143-128(d) requires all single prime bidders to identify their subcontractors for the above subdivisions of work. A contractor whose bid is accepted shall not substitute any person as subcontractor in the place of the subcontractor listed in the original bid, excep t (i) 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 (ii) with the approval of the awarding authority for good ca use shown by the contractor. SCO-Proposal Form 2013 2 of 4 ALTERNATES: Should any of the alternates as described in the contract documents be accepted, the amount written below shall be the amount to be "added to" or "deducted from" the base bid. (Strike out "Add" or "Deduct" as appropriate.) GENERAL CONTRACT: Alternate No. G-1 Asphalt for expansion parking lot (Add) Dollars($) Alternate No. G-2 Landscape planting and bed prep (Add) Dollars($) Alternate No. G-3 Concrete sidewalks adjacent to existing parking lot (Add) Dollars($) SCO-Proposal Form 2013 3 of 4 UNIT PRICES Unit prices quoted and accepted shall apply throughout the life of the contract, except as otherwise specifically noted. Uni t prices shall be applied, as appropriate, to compute the total value of changes in the base bid quantity of the work a ll in accordance with the contract documents. GENERAL CONTRACT: No. 1 Asphalt TN Unit Price ($) No. 2 4” Concrete Sidewalks SY Unit Price ($) No. 3 ABC Stone TN Unit Price ($) No. 4 Permeable Pavers SF Unit Price ($) ELECTRICAL CONTRACT: No. 1 2” Sch. 40 PVC Conduit LF Unit Price ($) The bidder further proposes and agrees hereby to commence work under this contract on a date to be specified in a written order of the designer and shall fully complete all work thereunder within the time specified in the Supplementary General Conditions Article 23. Applicable liquidated damages amount is also stated in the Supplementary General Conditions Article 23. MINORITY BUSINESS PARTICIPATION REQUIREMENTS Provide with the bid - Under GS 143-128.2(c) the undersigned bidder shall identify on its bid (Identification of Minority Business Participation Form) the minority businesses that it will use on the project with the total dollar value of the bids that will be performed by the minority businesses. Also list the good faith efforts (Affidavit A) made to solicit minority participation in the bid effort. NOTE: A contractor that performs all of the work with its own workforce may submit an Affidavit (B) to that effect in lieu of Affidavit (A) required above. The MB Participation Form must still be submitted even if there is zero participation. 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: 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 10% goal established. This affidavit shall give rise to the presumption that the bidder has made the required good faith effort and Affidavit D is not necessary; * OR * If less than the 10% goal, Affidavit (D) of its good faith effort to meet the goal shall be provided. 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. Note: Bidders must always submit with their bid the Identification of Minority Business Participation Form listing all MB contractors, vendors and suppliers that will be used. If there is no MB participation, then enter none or zero on the form. Affidavit A or Affidavit B, as applicable, also must be submitted with the bid. Failure to file a required affidavit or documentation with the bid or after being notified apparent low bidder is grounds for rejection of the bid. SCO-Proposal Form 2013 4 of 4 Proposal Signature Page The undersigned further agrees that in the case of failure on his part to execute the said contract and the bonds within ten (10) consecutive calendar days after being given written notice of the award of contract, the certified check, cash or bid bond accompanying this bid shall be paid into the funds of the owner's account set aside for the project, as liquidated damages for such failure; otherwise the certified check, cash or bid bond accompanying this proposal shall be returned to the undersigned. Respectfully submitted this day of (Name of firm or corporation making bid) WITNESS: By: Signature Name: (Proprietorship or Partnership) Print or type Title______________ (Owner/Partner/Pres./V.Pres) Address ATTEST: By: License No. Title: Federal I.D. No. (Corp. Sec. or Asst. Sec. only) Email Address: (CORPORATE SEAL) Addendum received and used in computing bid: Addendum No. 1 Addendum No. 3 Addendum No. 5 Addendum No. 6 Addendum No. 2 Addendum No. 4 Addendum No. 6 Addendum No. 7 MBGuidelines 2002-Rev 7-10 i GUIDELINES FOR RECRUITMENT AND SELECTION OF MINORITY BUSINESSES FOR PARTICIPATION IN UNIVERSITY OF NORTH CAROLINA CONSTRUCTION CONTRACTS In accordance with G.S. 143-128.2 (effective January 1, 2002) these guidelines establish goals for minority participation in single-prime bidding, separate-prime bidding, construction manager at risk, and alternative contracting methods, on University of North Carolina construction projects in the amount of $300,000 to $2,000,000. The legislation provides that the State (University of North Carolina) shall have a verifiable ten percent (10%) goal for participation by minority businesses in the total value of work for each project for which a contract or contracts are awarded. These requirements are published to accomplish that end. SECTION A: INTENT It is the intent of these guidelines that the State through The University of North Carolina, as awarding authority for construction projects, and the contractors and subcontractors performing the construction contracts awarded shall cooperate and in good faith do all things legal, proper and reasonable to achieve the statutory goal of ten percent (10%) for participation by minority businesses in each construction project as mandated by GS 143-128.2. Nothing in these guidelines shall be construed to require contractors or awarding authorities to award contracts or subcontracts to or to make purchases of materials or equipment from minority-business contractors or minority-business subcontractors who do not submit the lowest responsible, responsive bid or bids. SECTION B: DEFINITIONS 1. Minority - 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, the Pacific Islands; d. American Indian, that is, a person having origins in any of the original peoples of North America; or e. Female 2. Minority Business - means a business: a. In which at least fifty-one percent (51%) is owned by one or more minority persons, 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. 3. 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”. 4. Public Entity - means State and all public subdivisions and local governmental units. 5. Owner - The State of North Carolina, through the constituent institution named in the contract. 6. Designer – Any person, firm, partnership, or corporation, which has contracted with the State of North Carolina to perform architectural or engineering, work. MBGuidelines 2002-Rev 7-10 ii 7. Bidder - Any person, firm, partnership, corporation, association, or joint venture seeking to be awarded a public contract or subcontract. 8. Contract - A mutually binding legal relationship or any modification thereof obligating the seller to furnish equipment, materials or services, including construction, and obligating the buyer to pay for them. 9. Contractor - Any person, firm, partnership, corporation, association, or joint venture which has contracted with the State of North Carolina to perform construction work or repair. 10. Subcontractor - A firm under contract with the prime contractor or construction manager at risk for supplying materials or labor and materials and/or installation. The subcontractor may or may not provide materials in his subcontract. SECTION C: RESPONSIBILITIES 1. Office for Historically Underutilized Businesses, Department of Administration (hereinafter referred to as HUB Office). The HUB Office has established a program, which allows interested persons or businesses qualifying as a minority business under G.S. 143-128.2, to obtain certification in the State of North Carolina procurement system. The information provided by the minority businesses will be used by the HUB Office to: a. Identify those areas of work for which there are minority businesses, as requested. b. Make available to interested parties a list of prospective minority business contractors and subcontractors. c. Assist in the determination of technical assistance needed by minority business contractors. In addition to being responsible for the certification/verification of minority businesses that want to participate in the State construction program, the HUB Office will: (1) Maintain a current list of minority businesses. The list shall include the areas of work in which each minority business is interested. (2) Inform minority businesses on how to identify and obtain contracting and subcontracting opportunities through the University of North Carolina and other public entities. (3) Inform minority businesses of the contracting and subcontracting process for public construction building projects. (4) Work with the North Carolina trade and professional organizations to improve the ability of minority businesses to compete in the State construction projects. (5) The HUB Office also oversees the minority business program by: a. Monitoring compliance with the program requirements. b. Assisting in the implementation of training and technical assistance programs. c. Identifying and implementing outreach efforts to increase the utilization of minority businesses. d. Reporting the results of minority business utilization to the Secretary of the Department of Administration, the Governor, and the General Assembly. 2. The University of North Carolina The University of North Carolina will be responsible for the following: a. Reviewing the apparent low bidders' statutory compliance with the requirements listed in the proposal prior to award of contracts. The State (University of North Carolina) reserves the right to reject any or all bids and to waive informalities. b. Monitoring of contractors’ compliance with minority business requirements in the contract documents during construction. c. Providing statistical data and required reports to the HUB Office. MBGuidelines 2002-Rev 7-10 iii d. Resolving any protest and disputes arising after implementation of the plan. 3. Constituent Institutions of The University of North Carolina Before awarding a contract, constituent institution shall do the following: a. Implement the University of North Carolina HUB plan. b. Attend the scheduled prebid conference. c. At least 10 days prior to the scheduled day of bid opening, notify minority businesses that have requested notices from the public entity for public construction or repair work and minority businesses that otherwise indicated to the Office for Historically Underutilized Businesses an interest in the type of work being bid or the potential contracting opportunities listed in the proposal. The notification shall include the following: 1. A description of the work for which the bid is being solicited. 2. The date, time, and location where bids are to be submitted. 3. The name of the individual within the owner’s organization who will be available to answer questions about the project. 4. Where bid documents may be reviewed. 5. Any special requirements that may exist. d. Utilize other media, as appropriate, likely to inform potential minority businesses of the bid being sought. e. Maintain documentation of any contacts, correspondence, or conversation with minority business firms made in an attempt to meet the goals. f. Review, jointly with the designer, all requirements of G.S. 143-128.2(c) and G.S. 143-128.2(f) – (i.e. bidders’ proposals for identification of the minority businesses that will be utilized with corresponding total dollar value of the bid and affidavit listing good faith efforts, or affidavit of self-performance of work, if the contractor will perform work under contract by its own workforce) - prior to recommendation of award to the University of North Carolina. g. Evaluate documentation to determine good faith effort has been achieved for minority business utilization prior to recommendation of award to University of North Carolina. h. Review prime contractors’ pay applications for compliance with minority business utilization commitments prior to payment. i. Document evidence of implementation of Owner’s responsibilities. 4. Designer Under the single-prime bidding, separate prime bidding, construction manager at risk, or alternative contracting method, the designer will: a. Attend the scheduled prebid conference to explain minority business requirements to the prospective bidders. b. Assist the owner to identify and notify prospective minority business prime and subcontractors of potential contracting opportunities. c. Maintain documentation of any contacts, correspondence, or conversation with minority business firms made in an attempt to meet the goals. d. Review jointly with the owner, all requirements of G.S. 143-128.2(c) and G.S.143-128.2(f) – (i.e. bidders’ proposals for identification of the minority businesses that will be utilized with corresponding total dollar value of the bid and affidavit listing Good Faith Efforts, or affidavit of self-performance of work, if the contractor will perform work under contract by its own workforce) - prior to recommendation of award. e. During construction phase of the project, review “MBE Documentation for Contract Payment” – (Appendix E) for compliance with minority business utilization commitments. Submit Appendix E form with monthly pay applications to the owner and forward copies to the University of North Carolina. f. Make documentation showing evidence of implementation of Designer’s responsibilities available for review by University of North Carolina and HUB Office, upon request. MBGuidelines 2002-Rev 7-10 iv 5. Prime Contractor(s), CM at Risk, and Its First-Tier Subcontractors Under the single-prime bidding, the separate-prime bidding, construction manager at risk and alternative contracting methods, contractor(s) will: a. Attend the scheduled prebid conference. b. Identify or determine those work areas of a subcontract where minority businesses may have an interest in performing subcontract work. c. At least ten (10) days prior to the scheduled day of bid opening, notify minority businesses of potential subcontracting opportunities listed in the proposal. The notification will include the following: (1) A description of the work for which the subbid is being solicited. (2) The date, time and location where subbids are to be submitted. (3) The name of the individual within the company who will be available to answer questions about the project. (4) Where bid documents may be reviewed. (5) Any special requirements that may exist, such as insurance, licenses, bonds and financial arrangements. If there are more than three (3) minority businesses in the general locality of the project who offer similar contracting or subcontracting services in the specific trade, the contractor(s) shall notify three (3), but may contact more, if the contractor(s) so desires. d. During the bidding process, comply with the contractor(s) requirements listed in the proposal for minority participation. e. Identify on the bid, the minority businesses that will be utilized on the project with corresponding total dollar value of the bid and affidavit listing good faith efforts as required by G.S. 143-128.2(c) and G.S. 143-128.2(f). f. Make documentation showing evidence of implementation of PM, CM-at-Risk and First-Tier Subcontractor responsibilities available for review by University of North Carolina and HUB Office, upon request. g. Upon being named the apparent low bidder, the Bidder shall provide one of the following: (1) an affidavit (Affidavit C) that includes a description of the portion of work to be executed by minority businesses, expressed as a percentage of the total contract price, which is equal to or more than the applicable goal; (2) if the percentage is not equal to the applicable goal, then documentation of all good faith efforts taken to meet the goal. Failure to comply with these requirements is grounds for rejection of the bid and award to the next lowest responsible and responsive bidder. h. The contractor(s) shall identify the name(s) of minority business subcontractor(s) and corresponding dollar amount of work on the schedule of values. The schedule of values shall be provided as required in Article 31 of the General Conditions of the Contract to facilitate payments to the subcontractors. i. The contractor(s) shall submit with each monthly pay request(s) and final payment(s), “MBE Documentation for Contract Payment” – (Appendix E), for designer’s review. j. During the construction of a project, at any time, if it becomes necessary to replace a minority business subcontractor, immediately advise the owner, University of North Carolina, and the Director of the HUB Office in writing, of the circumstances involved. The prime contractor shall make a good faith effort to replace a minority business subcontractor with another minority business subcontractor. k. If during the construction of a project additional subcontracting opportunities become available, make a good faith effort to solicit subbids from minority businesses. l. It is the intent of these requirements apply to all contractors performing as prime contractor and first tier subcontractor under construction manager at risk on state projects. 6. Minority Business Responsibilities While minority businesses are not required to become certified in order to participate in the State construction projects, it is recommended that they become certified and should take advantage of the appropriate technical assistance that is made available. In addition, minority businesses who are contacted by owners or bidders must respond promptly whether or not they wish to submit a bid. MBGuidelines 2002-Rev 7-10 v SECTION D: DISPUTE PROCEDURES It is the policy of this state that disputes that involves a person's rights, duties or privileges, should be settled through informal procedures. To that end, minority business disputes arising under these guidelines should be resolved as governed under G.S. 143-128(g). SECTION E: These guidelines shall apply upon promulgation on University construction projects. Copies of these guidelines may be obtained from The University of North Carolina, (physical address) 910 Raleigh Road, Chapel Hill North Carolina, 27515, (mail address) PO Box 2688, Chapel Hill, North Carolina, 27515-2688, phone (919) 962-1000, Website: http://www.northcarolina.edu/info/vendors/UNC_HUB_Guidelines2002_Rev 7-10 SECTION F: In addition to these guidelines, there will be issued with each construction bid package provisions for contractual compliance providing MBE participation in State building projects. An explanation of the process follows, titled “MINORITY BUSINESS CONTRACT PROVISIONS (CONSTRUCTION)” along with relevant forms for its implementation (“Identification of Minority Business Participation” form, Affidavits A, B, C, D and Appendix E). MBGuidelines 2002-Rev 7-10 vi MINORITY BUSINESS CONTRACT PROVISIONS (CONSTRUCTION) APPLICATION: The Guidelines for Recruitment and Selection of Minority Businesses for Participation in University of North Carolina Construction Contracts are hereby made a part of these contract documents. These guidelines shall apply to all contractors regardless of ownership. Copies of these guidelines may be obtained from The University of North Carolina, (physical address) 910 Raleigh Road, Chapel Hill North Carolina, 27515, (mail address) PO Box 2688, Chapel Hill, North Carolina, 27515-2688, phone (919) 962-1000, Website: http://www.northcarolina.edu/info/vendors/UNC_HUB_Guidelines2002_Rev 7-10 MINORITY BUSINESS SUBCONTRACT GOALS: The goals for participation by minority firms as subcontractors on this project have been set at 10%. The bidder must identify on its bid (by using the “Identification of Minority Business Participation” form provided in the bid document), the minority businesses that will be utilized on the project with corresponding total dollar value of the bid. In addition, the bidder must submit with his/her bid an affidavit (Affidavit A) listing good faith efforts or affidavit (Affidavit B) of self-performance of work, if the bidder will perform work under contract by its own workforce, as required by G.S. 143-128.2(c) and G.S. 143-128.2(f). The lowest responsible, responsive bidder must provide Affidavit C, if the portion of work to be performed by minority firms is equal to or greater than 10% of the bidder’s total contract price. Affidavit C includes a description of the portion of work to be executed by minority businesses, expressed as a percentage of the total contract price, and lists the participating minority firms with the dollar value of their contracts. OR Provide Affidavit D, if the portion of work to be performed by minority firms is less than 10% of the bidder’s total contract price. Affidavit D includes a description of the portion of work to be executed by minority businesses, expressed as a percentage of the total contract price, lists the participating minority firms with the dollar value of their contracts and includes documentation of Good Faith Effort. OR Have provided Affidavit B with his/her bid as noted above, which includes sufficient information for the State to determine that the bidder does not customarily subcontract work on this type project. The above information must be provided as required. Failure to submit these documents is grounds for rejection of the bid. MBGuidelines 2002-Rev 7-10 vii Summary of required submissions: (use check boxes to assist in ensuring that all appropriate forms are submitted) ALL BIDDERS SUBMIT WITH THEIR BID: “Identification of Minority Business Participation” form AND EITHER Affidavit A – “Listing of Good Faith Efforts” OR Affidavit B – “Intent to Perform Contract with Own Workforce” ========================================================================== IN ADDITION, THE APPARENT LOWEST RESPONSIVE, RESPONSIBLE BIDDER SUBMITS (IF HE HAS NOT SUBMITTED AFFIDAVIT B): Affidavit C – “Portion of the Work to be Performed by Minority Firms” if the percentage of work to be performed by minority firms is 10% or more. This form is to be submitted within 72 hours of notification of being low bidder. OR Affidavit D “Good Faith Efforts” if the percentage of work to be performed by minority firms is less than 10%. MBGuidelines 2002-Rev 7-10 viii MINIMUM COMPLIANCE REQUIREMENTS: All written statements, affidavits or intentions made by the Bidder shall become a part of the agreement between the Contractor and the State (University of North Carolina) for performance of this contract. Failure to comply with any of these statements, affidavits or intentions, or with the minority business Guidelines shall constitute a breach of the contract. A finding by the State (The University of North Carolina) that any information submitted either prior to award of the contract or during the performance of the contract is inaccurate, false or incomplete, shall also constitute a breach of the contract. Any such breach may result in termination of the contract in accordance with the termination provisions contained in the contract. It shall be solely at the option of the State (The University of North Carolina) whether to terminate the contract for breach. In determining whether a contractor has made Good Faith Efforts, the University of North Carolina will evaluate all efforts made by the Contractor and will determine compliance in regard to quantity, intensity, and results of these efforts. Good Faith Efforts include: (1) Contacting minority businesses that reasonably could have been expected to submit a quote and that were known to the contractor or available on State or local government maintained lists at least 10 days before the bid or proposal date and notifying them of the nature and scope of the work to be performed. (2) Making the construction plans, specifications and requirements available for review by prospective minority businesses, or providing these documents to them at least 10 days before the bid or proposals are due. (3) Breaking down or combining elements of work into economically feasible units to facilitate minority participation. (4) Working with minority trade, community, or contractor organizations identified by the Office for Historically Underutilized Businesses and included in the bid documents that provide assistance in recruitment of minority businesses. (5) Attending any prebid meetings scheduled by the public owner. (6) Providing assistance in getting required bonding or insurance or providing alternatives to bonding or insurance for subcontractors. (7) Negotiating in good faith with interested minority businesses and not rejecting 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) Providing assistance to an otherwise qualified minority business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that is ordinarily required. Assisting minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help minority businesses in establishing credit. (9) Negotiating 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) Providing quick pay agreements and policies to enable minority contractors and suppliers to meet cash-flow demands. Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach t o Bid MBForms 2002-Revised July 2010 Identification of HUB Certified/ Minority Business Participation I, , (Name of Bidder) do hereby certify that on this project, we will use the follo wing HUB Certified/ minority business as construction subcontractors, vendors, suppliers or providers of professional services. Firm Name, Address and Phone # Work Type *Minority **HUB Category Certified (Y/N) *Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (I), Female (F) Socially and Economically Disadvantaged (D) ** HUB Certification with the state HUB Office required to be counted toward state participation goals. The total value of minority business contracting will be ($) . Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach t o Bid MBForms 2002-Revised July 2010 The University of North Carolina - AFFIDAVIT A – Listing of Good Faith Efforts County of Affidavit of (Name of Bidder) 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 I.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, a t 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. 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, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that is ordinarily required. Assisted minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help minority businesses in establishing credit. 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 projec t 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: Signature: Title: State of______________, County of Subscribed and sworn to before me this day of 20 Notary Public My commission expires SEAL Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach t o Bid MBForms 2002-Revised July 2010 The University 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 Bidder agrees to make a Good Faith Effort to utilize minority suppliers where possible. 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: State of , County of_____________________________ Subscribed and sworn to before me this day of 20__ Notary Public My commission expires SEAL Do not submit with bid Do not submit with bid Do not submit with bid Do n ot submit with bid MBForms 2002-Revised July 2010 The University of North Carolina - AFFIDAVIT C - Portion of the Work to be Performed by HUB Certified/Minority Businesses County of (Note this form is to be submitted only by the apparent lowest responsible, responsive bidder.) If the portion of the work to be executed by HUB certified/minority businesses as defined in GS143-128.2(g) and 128.4(a),(b),(e) 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 I do hereby certify that on the (Name of Bidder) ________________________________________________________________________________ (Project Name) Project ID# Amount of Bid $ I will expend a minimum of % of the total dollar amount of the contract with minority business enterprises. Minority businesses will be employed as construction subcontractors, vendors, supp liers 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 Category **HUB Certified Y/N Work Description Dollar Value *Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (I), Female (F) Socially and Economically Disadvantaged (D) ** HUB Certification with the state HUB Office required to be counted toward state participation goals. Pursuant to GS143-128.2(d), the undersigned will enter into a formal agreement with Minority Firms for work listed in this schedule conditional upon execution of a contract with the Owner. Failure to fulfill this commitment may constitute a breach of the contract. The undersigned hereby certifies that he or she has read the terms of this commitment and is authorized to bind the bidder to the commitment herein set forth. Date: Name of Authorized Officer: Signature: Title: State of , County of Subscribed and sworn to before me this day of 20 Notary Public My commission expires SEAL Do not submit with bid Do not submit with bid Do not submit with bid Do n ot submit with bid MB Forms 2002-Rev 7-10 1 University 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 HUB Certified/ minority business is not achieved, the Bidder shall provide the following documentation to the Owner of his good faith efforts: Affidavit of I do hereby certify that on the (Name of Bidder) _______________________________________________________________________________ (Project Name) Project ID# Amount of Bid $ I will expend a minimum of % of the total dollar amount of the contract with HUB certified/ minority business enterprises. Minority businesses will be employed as construction subcontractors, vendors, suppliers or providers o f professional services. Such work will be subcontracted to the following firms listed below. (Attach additional sheets if required) Name and Phone Number *Minority Category **HUB Certified Y/N Work Description Dollar Value *Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (I), Female (F) Socially and Economically Disadvantaged (D) ** HUB Certification with the state HUB Office required to be counted toward state participation goals. Examples of documentation that may be required to demonstrate the Bidder's good faith efforts to meet the goals set forth in these provisions include, but are not necessarily limited to, the following: 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 wh en 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, o r joint pay agreements to secure loans, supplies, or letter of credit, including waiving credit that is ordinarily required. Failure to provide the documentation as listed in these provisions may result in rejection of the bid and award to the next l owest responsible and responsive bidder. 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. Do not submit with bid Do not submit with bid Do not submit with bid Do n ot submit with bid MB Forms 2002-Rev 7-10 2 The undersigned hereby certifies that he or she has read the terms of this commitment and is authorized to bind the bidder to the commitment herein set forth. Date: Name of Authorized Officer: Signature: Title: State of , County of Subscribed and sworn to before me this day of 20 Notary Public My commission expires SEAL MB Forms 2002-Rev 7-10 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. MBE FIRM NAME * INDICATE TYPE OF MBE AMOUNT PAID THIS MONTH TOTAL PAYMENTS TO DATE TOTAL AMOUNT COMMITTED *Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (I), Female (F) Socially and Economically Disadvantaged (D) Date: ________________ Approved/Certified By: _______________________________ Name ________________________________ Title ________________________________ Signature Signature certifies that any minority firms not previously verified in the bid/award process have been appropriately verified, services have been rendered, and payment is due as processed. **THIS DOCUMENT MUST BE SUBMITTED WITH EACH PAY REQUEST & FINAL PAYMENT** FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS THAT ________________ __________________________________________________________________ as principal, and _______________________________________________, as surety, who is duly licensed to act as surety in North Carolina, are held and firmly bound unto the State of North Carolina through The North Carolina Arboretum as obligee, in the penal sum of ___________________________ DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this day of 20 WHEREAS, the said principal is herewith submitting proposal for and the principal desires to file this bid bond in lieu of making the cash deposit as required by G.S. 143-129. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION is such, that if the principal shall be awarded th e contract for which the bid is submitted and shall execute the contract and give bond for the faithful performance thereof within ten days after the award of same to the principal, then this obligation shall be null and void; but if the principal fails to so execute such contract and give performance bond as required by G.S. 143-129, the surety shall, upon demand, forthwith pay to the obligee the amount set forth in the first paragraph hereof. Provided further, that the bid may be withdrawn as provided by G.S. 143-129.1 (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) STATE OF NORTH CAROLINA COUNTY SALES AND USE TAX REPORT SUMMARY TOTALS AND CERTIFICATION CONTRACTOR: Page __1____ of ______ PROJECT: Parking Reconfiguration and Expansion FOR PERIOD: The North Carolina Arboretum TOTAL FOR COUNTY OF: TOTAL FOR COUNTY OF: TOTAL FOR COUNTY OF: TOTAL FOR COUNTY OF: TOTAL FOR COUNTY OF: TOTAL FOR COUNTY OF: TOTAL ALL COUNTIES CONTRACTOR SUBCONTRACTOR(S)* COUNTY TOTAL * Attach subcontractor(s) report(s) ** Must balance with Detail Sheet(s) I certify that the above figures do not include any tax paid on supplies, tools and equipment which were used to perform this contract and only includes those building materials, supplies, fixtures and equipment which actually became a part of or annexed to the building or structure. I certify that, to the best of my knowledge, the information provided here is true, correct, and complete. Sworn to and subscribed before me, This the _______ day of _____________, 20____ Signed Notary Public My Commission Expires: Print or Type Name of Above Seal NOTE: This certified statement may be subject to audit. STATE OF NORTH CAROLINA SALES AND USE TAX REPORT DETAIL CONTRACTOR: Page ___2___ of ______ SUBCONTRACTOR FOR PERIOD: PROJECT: Parking Reconfiguration and Expansion The North Carolina Arboretum PURCHASE DATE VENDOR NAME INVOICE NUMBER TYPE OF PROPERTY INVOICE TOTAL COUNTY TAX PAID COUNTY OF SALE * $ $ TOTAL: $ * If this is an out-of-state vendor, the County of Sale should be the county to which the merchandise was shipped. FORM OF CONSTRUCTION CONTRACT (ALL PRIME CONTRACTS) THIS AGREEMENT, made the ____________ day of _____________ in the year of 20__ by and between _______________________________________________________ hereinafter called the Party of the First Part and the State of North Carolina, through the North Carolina Arboretum ______________________________________________________ hereinafter called the Party of the Second Part. WITNESSETH: That the Party of the First Part and the Party of the Second Pa rt for the consideration herein named agree as follows: 1. Scope of Work: The Party of the First Part shall furnish and deliver all of the materials, and perform all of the work in the manner and form as provided by the following enumerated plans, specifications and documents, which are attached hereto and made a part thereof as if fully contained herein: advertisement; Instructions to Bidders; General Conditions; Supplementary General Conditions; specifications; accepted proposal; contract; performance bond; payment bond; power of attorney; workmen's compensation; public liability; property damage and builder's risk insurance certificates; approval of attorney general; certificate by the Office of State Budget and Management, and drawings, titled: Contract 689-19-01, Parking Reconfiguration and Expansion, The North Carolina Arboretum Consisting of the following sheets: Dated: and the following addenda: Addendum No Dated: Addendum No. Dated: Addendum No Dated: Addendum No. Dated: Addendum No Dated: Addendum No. Dated: Addendum No Dated: Addendum No. Dated: 2. That the Party of the First Part shall commence work to be performed under this agreement on a date to be specified in a written order of the Party of the Se cond Part and shall fully complete all work hereunder within _____________ consecutive calendar days from said date. For each day in excess thereof, liquidated damages shall be as stated in Supplementary General Conditions. The Party of the First Part, as one of the considerations for the awarding of this contract, shall furnish to the Party of the Second Part a construction schedule setting forth planned progress of the project broken down by the various divisions or part of the work and by calendar days as outlined in Article 14 of the General Conditions of the Contract. 3. The Party of the Second Part hereby agrees to pay to the Party of the First Part for the faithful performance of this agreement, subject to additions and deductions as provided in the specifications or proposal, in lawful money of the United States as follows: ($ ). Summary of Contract Award: 4. In accordance with Article 31 and Article 32 of the General Condit ions of the Contract, the Party of the Second Part shall review, and if approved, process the Party of the First Party's pay request within 30 days upon receipt from the Designer. The Party of the Second Part, after reviewing and approving said pay request, shall make payments to the Party of the First Part on the basis of a duly certified and approved estimate of work performed during the preceding calendar month by the First Party, less five percent (5%) of the amount of such estimate which is to be retained by the Second Party until all work has been performed strictly in accordance with this agreement and until such work has been accepted by the Second Party. The Second Party may elect to waive retainage requirements after 50 percent of the work has been satisfactorily completed on schedule as referred to in Article 31 of the General Conditions. 5. Upon submission by the First Party of evidence satisfactory to the Second Party that all payrolls, material bills and other costs incurred by the First Party in connection with the construction of the work have been paid in full, final payment on account of this agreement shall be made within thirty (30) days after the completion by the First Party of all work covered by this agreement and the acceptance of su ch work by the Second Party. 6. It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bonds hereto attached for its faithful performance, the Second Party shall deem the su rety or sureties upon such bonds to be unsatisfactory, or if, for any reason, such bonds cease to be adequate to cover the performance of the work, the First Party shall, at its expense, within five (5) days after the receipt of notice from the Second Party so to do, furnish an additional bond or bonds in such form and amount, and with such surety or sureties as shall be satisfactory to the Second Party. In such event no further payment to the First Party shall be deemed to be due under this agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Second Party. 7. The Party of the First Part attest that it and all of its subcontractors have fully complied with all requirements of NCGS 64 Article 2 in regards to E-Verification as required by Section 2.(c) of Session Law 2013-418, codified as N.C. Gen. Stat. § 143-129(j). IN WITNESS WHEREOF, the Parties hereto have executed this agreement on the day and date first above written in ____________ counterparts, each of which shall without proof or accounting for other counterparts, be deemed an original contract. Witness: Contractor: (Trade or Corporate Name) ____________________________ By: __________________________________ (Proprietorship or Partnership) Title: (Owner, Partner, or Corp. Pres. or Vice Pres. only) Attest: (Corporation) By: Title: (Corp. Sec. or Asst. Sec. only) The State of North Carolina through* (CORPORATE SEAL) The North Carolina Arboretum (Agency, Department or Institution) Witness: _______________ By: ___________________ Title: ___________________ FORM OF PERFORMANCE BOND Date of Contract: Date of Execution: Name of Principal (Contractor) Name of Surety: Name of Contracting Body: Amount of Bond: Project KNOW ALL MEN BY THESE PRESENTS, that we, the principal and surety above named, are held and firmly bound unto the above named contracting body, hereinafter called the contracting body, in the penal sum of the amount stated above for the payment of which sum well and truly to be made, we bind, ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered into a certain contract with the contracting body, identified as shown above and hereto attached: NOW, THEREFORE, if the principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said contract during the original term of said contract and any extensions thereof that may be granted by the contracting body, with or without notice to the surety, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly au thorized modifications of said contract that may hereafter be made, notice of which modifications to the surety being hereby waived, then, this obligation to be void; otherwise to remain in full force and virtue. IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Executed in counterparts. Witness: ____________________________________ Contractor: (Trade or Corporate Name) _______________________________ By: ________________________________ (Proprietorship or Partnership) Attest: (Corporation) Title: _______________________________ (Owner, Partner, or Corp. Pres. or Vice Pres. only) By: _______________________________ Title: ______________________________ (Corp. Sec. or Asst. Sec. only) (Corporate Seal) ___________________________________ (Surety Company) Witness: By: ________________________________ ________________________________ Title: _______________________________ (Attorney in Fact) Countersigned: ________________________________ (Surety Corporate Seal) ________________________________ (N.C. Licensed Resident Agent) ________________________________ ________________________________ Name and Address-Surety Agency ________________________________ ________________________________ Surety Company Name and N.C. Regional or Branch Office Address FORM OF PAYMENT BOND Date of Contract: Date of Execution: Name of Principal (Contractor) Name of Surety: Name of Contracting Body: Amount of Bond: Project KNOW ALL MEN BY THESE PRESENTS, that we, the principal and surety above named, are held and firmly bound unto the above named contracting body, hereinafter called the contracting body, in the penal sum of the amount stated above for th e payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered into a certain contract with the contracting body identified as shown above and hereto attached: NOW, THEREFORE, if the principal shall promptly make payment to all persons supplying labor/material in the prosecution of the work provided for in said contrac t, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the surety being hereby waived, then this obligation to be void; otherwise to remain in full force and virtue. IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Executed in counterparts. Witness: ____________________________________ Contractor: (Trade or Corporate Name) ______________________________________ By: ________________________________ (Proprietorship or Partnership) Attest: (Corporation) Title________________________________ (Owner, Partner, or Corp. Pres. or Vice Pres. only) By: ____________________________________ Title: ___________________________________ (Corp. Sec. or Asst. Sec.. only) (Corporate Seal) ____________________________________ (Surety Company) Witness: By: ________________________________ ________________________________ Title: _______________________________ (Attorney in Fact) Countersigned: ________________________________ (Surety Corporate Seal) ________________________________ (N.C. Licensed Resident Agent) ________________________________ ________________________________ Name and Address-Surety Agency ________________________________ ________________________________ Surety Company Name and N.C. Regional or Branch Office Address Sheet for Attaching Power of Attorney Sheet for Attaching Insurance Certificates APPROVAL OF THE ATTORNEY GENERAL CERTIFICATION BY THE OFFICE OF STATE BUDGET AND MANAGEMENT Provision for the payment of money to fall due and payable by the under this agreement has been provided for by allocation made and is available for the purpose of carrying out this agreement. This _____________day of _________ __________ 20___. Signed Budget Officer State of North Carolina Standard Form of Informal Contract and General Conditions 1 SUPPLEMENTARY GENERAL CONDITIONS TIME OF COMPLETION The Contractor shall commence work to be performed under this Contract on a date to be specified in written order from the Designer/Owner and shall substantially complete all work hereunder by May, 5th 2020, For each day in excess of the above date, the Contractor shall pay the Owner the amount of five hundred Dollars ($500.00) as liquidated damages reasonably estimated in advance to cover the losses to be incurred by the Owner should the Contractor fail to complete the Work within the time specified. If the Contractor is delayed at anytime in the progress of his work by any act or negligence of the Owner, his employees or his separate contractor, by changes ordered in the work; by abnormal weather c onditions; by any causes beyond the Contractor's control or by other causes deemed justifiable by Owner, then the contract time may be reasonably extended in a written order from the Owner upon written request from the contractor within ten days following the cause for delay. Time extensions for weather delays, acts of God, labor disputes, fire, delays in transportation, unavoidable casualties or other delays which are beyond the control of the Owner do not entitle the Contractor to compensable damages for delays. Any contractor claim for compensable damages for delays is limited to delays caused solely by the owner or its agents. PAYMENTS Invoices are to be sent to Drake Fowler and Issued to THE NORTH CAROLINA ARBORETUM. All invoices sent via email will also be copied to ldavidson@ncarboretum.org. UTILITIES Owner will make water and power available to contractor at nearest available location. Contractor must supply his or her own toilet facilities. USE OF SITE Work hours are 7:00AM to 7:00PM Monday through Friday, weekend hours are available with 48 hour prior coordination with Arboretum staff. Parking Requirements – During the construction a minimum of 25% must be available for parking. The following are the Critical dates when parking must be 50% functional All Weekends Feb 3-7 (M-F) National Forest Service Training 70 ppl April 24 – (Fri.) 100 ppl wedding Critical dates when parking must be 100% functional April 3-5 – (F-Sun.) Orchid Show April 25th – (Sat.) Mountain Science Expo NO SMOKING POLICY There is to be no smoking within 50 feet of any building entrance. SITE DECORUM The Arboretum is a host to 500,000 guest annually, the site must be free of all trash nightly, workers will refrain from using crass language and will wear clothing that is well kept. TECHNICAL SPECIFICATIONS Will FOLLOW THE SUPPLEMENTARY GENERAL CONDITIONS. 00800 689-19-01 (10/19) 00820-1 SECTION 00820 SPECIAL CONDITIONS 1. DESCRIPTION OF THE WORK; DESIGNATION OF OWNER AND ENGINEER 1.1 These Specifications and the accompanying Drawings describe the work to be done and the materials to be furnished for the construction of Contract 689-19-01, Parking Reconfiguration and Expansion, SCO ID No. 19-20205-01, The North Carolina Arboretum, Asheville, North Carolina. 1.2 All references to the OWNER in these Specifications, Contract Documents and Drawings shall mean the North Carolina Arboretum. 1.3 All references to the ENGINEER in these Specifications, Contract Documents and Drawings shall mean Bell Engineering. 2. AVAILABLE FUNDS 2.1 The attention of all Bidders is directed to the fact that funds will be made available for the award of this Contract from the following sources: Buncombe County Tourism Development Local Funds 3. TIME OF COMPLETION 3.1 The time allowed for completion of this Contract and/or portions thereof is as follows: 120 Calendar Days 3.2 The time allowed for completion shall begin at midnight, local time, 10 calendar days from the date on which the OWNER, or his authorized representative, the ENGINEER, shall instruct the CONTRACTOR in writing to start work. In case of awarding more than one Contract to a CONTRACTOR, periods of construction are not additive, but will run concurrently. The same applies to divisions within a Contract. 4. LIQUIDATED DAMAGES 4.1 It is understood that time is of the essence of this Contract, and that the OWNER will sustain damages, monetary and otherwise, in the event of delay in completion of the work hereby contracted. 4.2 Therefore, if the said CONTRACTOR shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the OWNER, then the CONTRACTOR does hereby agree, as a part consideration for the awarding of this Contract, to pay to the OWNER the amount specified in the Contract, not as a penalty but as liquidated damages for such breach of Contract as hereinafter set forth, for each and every calendar day that the 689-19-01 (10/19) 00820-2 CONTRACTOR shall be in default after the time stipulated in the Contract for completing the work. 4.3 The said amount is fixed and agreed upon by and between the CONTRACTOR and the OWNER because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the OWNER would in such event sustain, and said amount is agreed to be the amount of damages which the OWNER would sustain and said amount shall be retained from time to time by the OWNER from current periodical estimates. 4.4 Liquidated damages are fixed at the following amounts per calendar day of overrun beyond the date set for completion or authorized extension thereof for each of the Contracts, divisions, sections, or combinations thereof: Contract 689-19-01 - $500.00 per calendar day 5. METHOD OF BIDDING 5.1 The Form of Proposal and the Project are in 1 Contract and shall be bid by unit price, the sum of extension of unit prices determining the amount of the bid. The sum of the unit price extensions shall cover the complete construction of the work as estimated, planned and specified. 5.2 The CONTRACTOR must bid all divisions and all listed unit price items and/or lump sums to complete a Contract. The OWNER will not award the work on divisions or sections within a Contract separately. Each Contract shall be bid separately and in full on the Form of Proposal provided. 5.3 In the case of major equipment item bidding, the CONTRACTOR mus t bid the base bid item. 5.4 The OWNER reserves the right to delete divisions or any combination thereof, in making award of Contract, without invalidating the CONTRACTOR’s bid on other divisions. 5.5 The OWNER reserves the right, should financing consi derations require or allow, to delete or add physical units to the unit price items bid. However, the monetary value of such deletions or additions shall not exceed 25 percent of the total amount bid for the Contract without specific approval of the CONTRACTOR. 5.6 If deletions or additions are made, comparison of bids will be made on the basis of portions of the Contract to be awarded and not on the total of the base bid made by the CONTRACTOR. 689-19-01 (10/19) 00820-3 6. VIDEO TAPING 6.1 Continuous video recording of preconstruction surface conditions is required for this Contract. All recording and reproduction must be completed before any construction activity will be allowed. Recording must be performed by persons experienced with this type equipment and must be acceptable to the ENGINEER. Recording equipment used shall utilize standard DVD format discs. 6.2 The video recording shall be supplemented with continuous audio description of the area traversed. Verbal description of problem areas and items of special interest shall be elaborated upon. 6.3 All locations, streets and/or easements on or in which construction activity will occur shall be recorded for the complete length or boundary of the construction area. 6.4 An index shall be furnished for each DVD coordinating the location of the recorded area with the location of the proposed facilities as shown on the Drawings. 6.5 The CONTRACTOR shall be responsible for providing access to all areas to be recorded. All DVD’s shall be viewed by the ENGINEER before any construction is started. The CONTRACTOR shall provide DVD viewing equipment for the duration of the Project. 6.6 The cost of preconstruction audio/video recording shall be at no additional cost to the OWNER, the cost being incorporated into the CONTRACTOR's unit price or lump sum bid for the items of work as listed on the Form of Proposal. 6.7 The CONTRACTOR is also urged to document on video any structure within a reasonable distance of his blasting or other work operations for reference and file. 6.8 Digital color print still photographs shall be used to supplement the continuous video recording of preconstruction conditions and/or pertinent construction items. 6.8.1 All photographs shall be compiled and saved onto a standard CD-R or DVD-R format disc. 6.9 Any photographs or audio/video recordings required by governing agencies will be the responsibility of the OWNER. 6.10 The CONTRACTOR shall submit to the ENGINEER a number of copies of these documentation media in accordance with the Contract Documents. 6.10.1 Video recordings on DVD-R format discs shall be submitted in a quantity greater than or equal to 3 copies. 6.10.2 Digital still photographs on DVD-R or CD-R format discs shall be submitted in a quantity greater than or equal to 3 copies. 689-19-01 (10/19) 00820-4 7. MINIMUM WAGE RATES 7.1 The prevailing minimum wage rates have not at this time been deter - mined by the governing agencies. However, before bids are received, applicable rates will be determined and issued in the form of an addendum to these Specifications. 8. SALES AND USE TAX 8.1 See General Conditions, Article 45, for instructions. 9. EXCAVATION 9.1 It is to be specifically noted that no separate payment for solid rock excavation will be made under this Contract. All excavation shall be considered unclassified, and payment for same included in the appropriate trench and backfill and/or furnishing and laying or other items containing excavation. 10. PERMISSION TO USE PROPERTY OTHER THAN THAT PROVIDED BY OWNER 10.1 Should the CONTRACTOR desire or elect to use, pass over and/or encroach on private property other than that provided by the OWNER, either by fee simple title or right -of-way for a specific purpose, he shall obtain such rights and permission from the individual property owner at his own expense and risk. 11. TIE-IN TO EXISTING WATER MAINS Not Used 12. EXTRA FILL MATERIAL 12.1 Extra fill material required to complete the finished grading to the line and grade shown on the Drawings shall be obtained by the CONTRACTOR at no extra cost to the OWNER above that included in his lump sum bid. 13. SURFACE RESTORATION RETAINAGE Not Used 14. ACCESS TO THE WORK 14.1 The representatives of the OWNER; the ENGINEER; and any local, state, or federal authority; shall have access to the work wherever it is in preparation or progress, and the CONTRACTOR shall provide proper facilities for such access and inspection. 15. GEOTECHNICAL INFORMATION 15.1 Available Report 689-19-01 (10/19) 00820-5 15.1.1 A geotechnical investigation was done during the design phase of this project. This investigation was done by ECS Southeast, LLP. A copy of the report is available for review at the offices of Bell Engineering, 1278 Hendersonville Road, Suite D, Asheville, North Carolina 28803 15.1.2 The geotechnical report is for bidder and CONTRACTOR information. It is subject to the conditions stated elsewhere in the Specifications, including Instruction to Bidders. 15.1.3 The geotechnical investigation report is not a part of the Contract Documents. 16. BLASTING AND PREBLAST SURVEYS 16.1 Blasting operations are not permitted for this Project. 18. FUNDING AGENCY CONDITIONS Not Used END OF SECTION 689-19-01 (10/19) 00820-6 *** 689-19-01 (10/19) 01010-1 SECTION 01010 SUMMARY OF WORK PART 1 GENERAL 1.01 SCOPE OF WORK COVERED BY THE CONTRACT A. These Specifications and the accompanying Drawings describe the work to be done and materials to be furnished for the construction of Contract 689-19-01, Parking Reconfiguration and Expansion, The North Carolina Arboretum, Asheville, North Carolina. B. The Work is located at The North Carolina Arboretum, 100 Frederick Law Olmstead Way, Asheville, North Carolina 28806. C. Major work items in this Contract include: 1. Earthwork. 2. Milling and resurfacing existing asphalt pavement, and pavement striping. 3. Construction of proposed asphalt parking lot. 4. Construction of pedestrian path, stairs, and handrails. 5. Utility work as shown on plans. 6. Landscaping. 1.02 WORK SEQUENCE A. No priorities are assigned to this work. 1.03 OWNER FURNISHED EQUIPMENT AND MATERIALS Not used PART 2 MATERIALS Not used. PART 3 EXECUTION Not used. END OF SECTION *** 689-19-01 (10/19) 01020-1 SECTION 01020 ALLOWANCES PART 1 GENERAL 1.01 QUANTITY ALLOWANCES A. Allowances are based on unit prices and the quantities listed below. Allowances shall include all materials, labor, equipment, time, etc., required to perform the work. If the allowances are exceeded, additional compensation will be due based on the quantities used and unit prices. If the quantities included in the allowance are not used, the contract amount will be reduced based on quantities not used and unit prices. B. The CONTRACTOR shall include in the base bid removal of 1,000 cubic yards of unsuitable soil material, including disposal offsite and backfill with compacted, crushed stone. The actual quantities used will be verified and any addition to or deduction from the contract amount will be based on quantities actually used and unit prices. C. The CONTRACTOR shall include in the base bid 1,500 square yards of full depth asphalt pavement. Allowance includes providing materials and installation. The actual quantities used will be verified and the addition to or deduction from the contract amount will be based on quantities actually used and unit prices. END OF SECTION *** 689-19-01 (10/19) 01500-1 SECTION 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PART 1 GENERAL 1.01 SANITARY FACILITIES A. The CONTRACTOR shall construct an d maintain, in a sanitary condition, sanitary facilities for the CONTRACTOR'S employees and also employees of the Subcontractors. The CONTRACTOR shall, at completion of the Contract Work, properly dispose of these sanitary facilities. 1.02 UTILITIES A. The obtaining of all utilities for construction, including power and wat er, shall be the responsibility of the CONTRACTOR, and he shall bear the cost of all utilities used for construction. Cost of all connections and facilities for use of utilities shall be borne by the CONTRACTOR. 1.03 MAINTENANCE OF SERVICE IN EXISTING UTILITIES A. Where the existing utilities must be disturbed during construction under this Contract, their operation and function shall be maintained by the CONTRACTOR to such a degree that service to customers will be interrupted for minimum time periods only. Such disturbances and any maintenance use of these lines shall constitute no cost to the OWNER. The OWNER shall be notified of interruptions in sufficient time to prepare for them and shall agree to the hour, date, and duration of them before they are undertaken. B. Should shutdowns in service be in excess of the time of duration agreed upon, and such excessive shut down time be due to the CONTRACTOR's negligence, faulty Work and/or inability to perform, then and in that event, the CONTRACTOR shall be held liable to the OWNER for any and all damages that may accrue to the OWNER, by reason of such excessive shutdown periods. C. Digging through services with trenching machines will not be permitted. Upon damage to utility services, such services shall be repaired immediate ly and tested to the satisfaction of the ENGINEER. The CONTRACTOR shall notify all utility users of impending interruption of service and shall be responsible for all damage resulting from same. Payment for necessary disconnection and reconnection of utility services shall be included as a part of the CONTRACTOR's bid and no extra compensation will be made for same. D. The CONTRACTOR shall at all times maintain on hand an adequate supply of repair materials and tools with which to make repair to damaged water, gas and sewer lines. Should the CONTRACTOR inadvertently damage existing utilities, he shall make immediate repair thereto and in no event shall he leave the site before such repair has been made and proven to be successful. E. As far as possible, the locations and sizes of existing mains are indicated on the Drawings; however, exact locations, pipe materials and sizes cannot be 689-19-01 (10/19) 01500-2 guaranteed. It shall be the responsibility of the CONTRACTOR to locate and uncover existing lines, to which new lines are to be connected, and provide all connecting fittings of the correct size and type for each connection. Payment for the above shall be included in the unit price bid for each item used for the connection as indicated on the Drawings or as specified. F. Where existing structures and equipment at the North Carolina Arboretum are disturbed during construction under this Contract, their operation and function shall be maintained by the CONTRACTOR to such degree that the treatment process will not be impaired. Such maintenance shall constitute no extra cost to the OWNER. 1.04 PROPERTY PROTECTION A. Care is to be exercised by the CONTRACTOR in all phases of construction, to prevent damage and/or injury to the OWNER's and/or other property. Payments for the repair and restoration are limited as set forth in "Conflict With or Damage to Underground Facilities" of the Supplementary General Conditions. B. The CONTRACTOR shall avoid unnecessary injury to trees and shall remove only those authorized to be removed by written consent of the OWNER. Fences, gates, and terrain damaged or disarranged by the CONTRACTOR's forces shall be immediately restored in their original condition or better. 1.05 CONSTRUCTION WARNING SIGNS A. The CONTRACTOR shall provide construction warning signs for each location where he is working in the project site. He will further provide flagmen as required and shall abide by all North Carolina Department of Transportation safety rules, including size, type and placement of construction signs. All signs shall be of professional quality. 1.06 RESIDENT PROJECT REPRESENTATIVE OFFICE A. Not required this Contract. 1.07 ACCESS ROADWAYS A. The CONTRACTOR shall construct all access roadways needed during construction, and the planned access roadways for the completed project . The CONTRACTOR shall maintain access roadways continuously during the construction period. B. The CONTRACTOR shall maintain all existing roadways within the project site which are used for any purpose by his construction operations. The degree and frequency of maintenance shall be adequate to keep existing roadways in a condition at least equal to their condition prior to construction. Road maintenance shall include dust control and grading as necessary. 689-19-01 (10/19) 01500-3 1.08 RESPONSIBILITY FOR TRENCH SETTLEMENT A. The CONTRACTOR shall be responsible for any settlement caused by the construction that occurs within 1 year after the final acceptance of this Contract by the OWNER. Repair of any damage caused by settlement shall meet the approval of the OWNER. 1.09 DAMAGE TO CROPS, LIVESTOCK AND VEGETATION A. The CONTRACTOR shall protect crops, livestock and vegetation against damage or injury from construction operations at all times. Crops damaged or equipment access obtained outside of the easements provided shall be the responsibility of the CONTRACTOR. Temporary fences shall be provided at no extra cost to the OWNER wherever necessary to keep livestock away from the construction area. Ornamental shrubbery and tree branches shall be temporarily tied back, where appropriate, to minimize damage. Damaged limbs shall be trimmed and damaged tree trunks shall be treated with wound dressing. 1.10 WASTE DISPOSAL A. The CONTRACTOR shall dispose of waste, including any hazardous waste, off-site in accordance with all applicable laws and regulations. 1.11 CONTRACTOR'S TRAILERS AND MATERIAL STORAGE A. The location of the CONTRACTOR'S and Subcontractors' office and work trailers and parking areas on the project site shall be subject to the OWNER's approval. B. The location of the CONTRACTOR's and Subcontractors' material storage yards on the project site shall be subject to the OWNER's approval. 1.12 CONSTRUCTION IDENTIFICATION SIGNS A. The CONTRACTOR shall furnish and erect project identification signs if such are required by the funding agency. B. The CONTRACTOR shall obtain the OWNER'S permission before erecting any construction signs not specifically required by the Contract. PART 2 PRODUCTS Not used. PART 3 EXECUTION Not used. END OF SECTION *** 689-19-01 (10/19) 02050-1 SECTION 02050 SELECTIVE DEMOLITION PART 1 GENERAL 1.01 SCOPE OF WORK A. Furnish all labor, materials, equipment, and incidentals required to perform all demolition and removal work as shown on the Drawings and as specified herein. All work shall be carried out in accordance with the Department of Labor regulations and per the following: 1. Occupational and Health Hazards (29 CFR - Part 1910). 2. Safety and Health Regulations for Construction (29 CFR - Part 1518). 3. Any applicable local ordinances or codes. B. All materials, piping, fittings, valves and equipment resulting from the demolition shall become the property of the OWNER, unless otherwise noted on the Drawings. These materials shall be removed from the site promptly by the CONTRACTOR for the OWNER. C. All removal work shall be carried to the limits necessary for construction of the new work, and as specified herein. 1.02 RELATED WORK A. Removal and disposal of electrical work is included in Division 16. 1.03 SUBMITTALS A. Demolition and Removal Plan 1. The CONTRACTOR shall submit to the ENGINEER for his review and acceptance a plan for demolition and removal work. After the contract is awarded and prior to the commencement of the work, the CONTRACTOR shall meet with the ENGINEER and OWNER and discuss the demolition and removal plan. The plan shall include a schedule for disconnection of utility services and procedures for the careful removal and disposal of materials, coordination with other work in progress, and coordination with Arboretum routine. Included in the plan must be a detailed description of the methods and equipment to be used for each operation and the sequence of operations. a. Do not proceed with demolition until the ENGINEER has given written acceptance of the demolition plan. b. Obtain all demolition permits required, including any necessary transportation permits, and submit copies of these to the ENGINEER. 689-19-01 (10/19) 02050-2 B. The demolition and removal plan submitted for approval shall specifically describe in detail the proposed methods and sequences of implementation of demolition work to be performed in connection with facilities, processes, and systems or parts thereof, the operation of which cannot be interrupted. The CONTRACTOR shall provide and operate at his own expense any temporary equipment, connections, bypasses, or other means necessary to assure contin- uous operation of facilities, equipment, machinery, or systems, which in the opinion of the OWNER cannot be interrupted. Following the completion of work, any such temporary provisions shall be removed from the site to the satisfaction of the OWNER, unless otherwise directed. 1.04 PROTECTION A. Erect barriers, fences, guardrails, enclosures, chutes, and shoring to protect personnel, structures, and utilities remaining intact. B. Protection of Existing Work 1. Existing work to remain shall be protected from damage. Work damaged by the CONTRACTOR shall be repaired to match existing work at no additional cost to the OWNER, as directed by the ENGINEER. Provide temporary support and shoring as required for existing materials until new work is installed. C. Protection of Utility Lines 1. Existing utility lines that are indicated or the locations of which are made known to the CONTRACTOR prior to demolition work shall be protected from damage. Damaged utility lines shall be repaired as directed by the ENGINEER at no additional cost to the OWNER. D. Protection of Personnel 1. Where the safety of personnel is endangered in the area of removal work, barricades for traffic shall be used and advance notice shall be given to the ENGINEER prior to beginning any such work. E. Wherever piping is removed for disposition, adjacent pipe and headers that are to remain in service shall be blanked off or plugged and then anchored in an approved manner. F. Use of Saw Cuts and Pneumatic Hammers 1. Saw cuts shall be used wherever applicable. Pneumatic hammers shall only be used with the approval of the ENGINEER. G. Use of Explosives 1. Use of explosives will not be allowed for purposes of demolition. H. Carry out all demolition work in accordance with the accepted demolition plan and applicable permit requirements. 689-19-01 (10/19) 02050-3 PART 2 PRODUCTS None this Section. PART 3 EXECUTION 3.01 INSPECTION A. Do not commence work until conditions are acceptable to the ENGINEER. 3.02 PREPARATION A. Perform demolition in accordance with the accepted demolition plan, and applicable permit requirements. 3.03 DISPOSAL A. Remove demolition debris immediately from site, according to Section 00810, Supplementary General Conditions. B. Clean up the site in accordance with Section 00800, Supplementary General Conditions. 1. Debris and Rubbish Control: Debris and rubbish shall be removed and transported in a manner that will prevent spillage on streets or adjacent areas. 2. Regulations: Comply with federal, state, and local regulations regarding hauling and disposal. END OF SECTION *** 689-19-01 (10/19) 02110-1 SECTION 02110 SITE CLEARING AND GRUBBING PART 1 GENERAL 1.01 WORK INCLUDED A. Furnish all labor and equipment required and perform all clearing, grubbing and stripping of topsoil complete as shown on the Drawings and as specified herein. 1.02 RELATED WORK A. Earth and rock work are included in Section 02200. 1.03 SUBMITTALS A. None required for this Section. PART 2 PRODUCTS None in this Section. PART 3 EXECUTION 3.01 GENERAL A. The proposed building sites, paved areas, areas designated for ditches and channel changes, borrow pits, etc., (except any portions thereof that may be reserved) shall be cleared of all trees, timber, brush, stumps, rubbish and other debris. All this material, unless otherwise specified, shall be removed and disposed of away from the site. B. Open burning must be in compliance with Buncombe County Regulations and Forest Service. OWNER permission is required prior to open burning. CONTRACTOR is responsible for obtaining any and all permits. C. Where clearing is to be done, stumps shall be grubbed where embankments are less than 5 feet in height, where the profile indicates excavation, in all areas designated for the construction of other facilities and in borrow areas. In all other areas the stumps may be cut off even with the ground. In areas to be grubbed, all stumps and roots must be removed. D. No debris will be allowed to be left under or in the embankments. E. In felling trees near tracks, structures and wire lines, necessary precaution must be exercised in order to prevent damage to wire lines, structures, the facilities of others, or obstruct tracks. F. No extra payment for clearing and grubbing shall be included in the lump sum bid. 689-19-01 (10/19) 02110-2 3.02 TREES A. Trees (3-inch caliper and larger) shall not be disturbed by construction without written permission from the OWNER, except in those areas to be cleared. Trees disturbed by construction shall be replaced by the CONTRACTOR with same size and type at no additional cost to the OWNER. END OF SECTION *** 689-19-01 (10/19) 02140-1 SECTION 02140 DEWATERING PART 1 GENERAL 1.01 WORK INCLUDED A. Furnish all labor and equipment required to dewater all excavations. Dewatering of all excavations shall be the responsibility of the CONTRACTOR, and no additional compensation will be allowed for same unless specifically included as a bid item. B. Leaking pipes and structures are to be anticipated on this project. For this reason, no additional payment will be made for dewatering associated with leakage from any existing facility. 1.02 RELATED WORK A. Earthwork is included in Section 02200. B. Crushed stone and ABC are included in Section 02235. C. Erosion and sedimentation control is included in Section _____________. 1.03 SUBMITTALS A. None. PART 2 PRODUCTS None in this Section. PART 3 EXECUTION 3.01 GENERAL A. Dewatering equipment shall be of adequate size and quantity to assure maintaining proper conditions for installing pipe, concrete, backfill or other material or structure in the excavation. Dewatering shall include proper removal of any and all liquid, regardless of source, from the excavation and the use of all practical means available to prevent surface runoff from entering any excava - tion. END OF SECTION *** 689-19-01 (10/19) 02200-1 SECTION 02200 EARTH AND ROCK WORK PART 1 GENERAL 1.01 SCOPE OF WORK A. Extent of earthwork is indicated on the Drawings. 1. Preparation of subgrade for basins, building slabs, walks and pavements is included as part of this work. 2. Engineered fill course for support of building or basin slabs is included as part of this work. 3. Backfilling of basins, basements, and trenches within building lines is included as part of this work. B. Excavation for Mechanical/Electrical Work 1. Excavation and backfill required in conjunction with underground mechanical and electrical utilities, and buried mechanical and electrical appurtenances is included as work of this Section. 1.02 RELATED WORK A. Dewatering is included in Section 02140. B. Crushed Stone and ABC is included in Section 02235. C. Sewer and Drain Pipe is included in Section 02700. D. Sodding and Seeding is included in Section 02930. 1.03 QUALITY ASSURANCE A. Perform excavation work in compliance with applicable requirements of governing authorities having jurisdiction. B. Employ, at CONTRACTOR'S expense, testing laboratory acceptable to the OWNER to perform soil testing and inspection service for quality control testing during earthwork operations. 1.04 SUBMITTALS A. Submit following reports directly to the ENGINEER from the testing services, with copy to CONTRACTOR: 1. Test reports on borrow material. 2. Verification of each footing subgrade. 689-19-01 (10/19) 02200-2 3. Field density test reports. 4. One optimum moisture-maximum density curve for each type of soil encountered. 5. Report of actual unconfined compressive strength and/or results of bearing tests on each strata tested. 1.05 JOB CONDITIONS A. Site Information 1. Data on indicated subsurface conditions are not intended as representations or warranties of accuracy or continuity between soil borings. It is expressly understood that OWNER will not be responsible for interpretation or conclusions drawn therefrom by CONTRACTOR. Data are made available for convenience of CONTRACTOR. 2. Additional test borings and other exploratory operations may be made by CONTRACTOR at no cost to OWNER. B. Existing Utilities 1. Prior to commencement of work, the CONTRACTOR shall locate existing underground utilities in areas of the work. If utilities are to remain in place, provide adequate means of protection during earthwork operations. C. Use of Explosives 1. The CONTRACTOR (or any of his subcontractors) shall not bring explosives onto site or use in work without prior written permission from the OWNER. All activities involving explosives shall be in compliance with the rules and regulations of the State of North Carolina and the Forest Service. CONTRACTOR is solely responsible for handling, storage, and use of explosive materials when their use is permitted. 2. In all blasting operations, the maximum peak particle velocity of the ground motion in any direction shall not exceed 2 inches per second at the immediate location of any dwelling house, public building, school, church, commercial or institutional building and the particle velocity at such location immediately after a period of 1 second following the peak particle velocity produced by an y charge shall not exceed ½ inch per second. D. Protection of Persons and Property 1. Barricade open excavations occurring as part of this work and post with warning lights. 2. Operate warning lights as recommended by authorities having jurisdiction. 689-19-01 (10/19) 02200-3 3. Protect struct ures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earthwork operations. 1.06 GEOTECHNICAL ENGINEERING STUDY (SOILS REPORT) A. The OWNER employed a geotechnical engineer to investigate subsurface soil conditions and make recommendations regarding site work construction procedures. If conflicts exist between the geotechnical engineering study and the construction drawings and specifications, the more stringent requirements shall reply. PART 2 PRODUCTS 2.01 SOIL MATERIALS A. Definitions 1. Satisfactory soil materials are defined as those complying with ASTM D2487-85 soil classification groups GW, GP, GM, SM, SW, SP, GC, SC, ML, and CL. 2. Unsatisfactory soil materials are defined as those complying with ASTM D2487-85 soil classification groups MH, CH, OL, OH and PT. 3. Subbase material: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, crushed slag, natural or crushed sand. 4. Drainage fill: Washed, evenly graded mixture of crushed stone, or crushed or uncrushed gravel, with 100 percent passing a 1-1/2 inch sieve and not more than 5 percent passing a No. 4 sieve. 5. Backfill and fill materials: Satisfactory soil materials free of debris, waste, frozen materials, vegetable, and other deleterious matter. 6. Engineered fill: (Refer to this Section, paragraph 3.07.) PART 3 EXECUTION 3.01 STRIPPING AND TOPSOILING A. Before excavation and grading is commenced for buildings, structures or other work described hereinafter (except pipelines and manholes) or before material is removed from borrow pits, the material meeting the topsoil specification in Section 02930 of these Specifications shall be removed from the areas affected and stockpiled. B. When final grading is accomplished, particularly around buildings and other structures, the topsoil shall be spread evenly over the excavated area. Rough grading above excavated areas shall have been carried approximately 6 inches below finished grade (except solid rock, where it shall be carried 12 inches 689-19-01 (10/19) 02200-4 below finished grade) and brought back up to grade with topsoil as set out herein. 3.02 EXCAVATION A. Excavation includes excavation to subgrade elevations indicated including excavation of earth, rock, bricks, wood, cinders, and other debris. All excavation of materials in the lump sum portion of the work will be unclassified and no additional payment will be made regardless of type material encountered. B. Excavation Classifications 1. The following classifications of excavation will be made when unanticipated material is encountered in work: a. Earth excavation includes excavation of pavements and other obstructions visible on ground surface; underground structures, utilities, and other items indicated to be demolished and removed; together with earth and other materials encountered that are not classified as rock or unauthorized excavation. b. Rock excavation in trenches and pits includes removal and disposal of materials and obstructions encountered which cannot be excavated with a 1.0 cubic yard (heaped) capacity, 42 inch wide bucket on track-mounted power excavator equivalent to Caterpillar Model 215, rated at not less than 90 Hp flywheel power and 30,000 pound drawbar pull. Trenches in excess of 10 feet in width and pits in excess of 30 feet in either length or width are classified as open excavation. c. Rock excavation in open excavation includes removal and disposal of materials and obstructions encountered which cannot be dislodged and excavated with modern track -mounted, heavy-duty excavating equipment without drilling, blasting, or ripping. Rock excavation equipment is defined as Caterpillar Model 973 or No. 977K, or equivalent track-mounted loader, rated at not less than 170 Hp flywheel power and developing 40,000 pound break-out force (measured in accordance with SAE J732C). (1) Typical of materials classified as rock are boulders ½ cubic yard or more in volume, solid rock, rock in ledges and hard cementitious aggregate deposits. Rock material encoun- tered will be classified as rock excavation. (2) Intermittent drilling, blasting, or ripping performed to increase production and not necessary to permit excavation of material encountered will be classified as earth excava- tion. C. Unauthorized excavation consists of removal of materials beyond subgrade elevations or dimensions without specific direction of ENGINEER. Unauthorized 689-19-01 (10/19) 02200-5 excavation, as well as remedial work direct ed by ENGINEER, shall be at CONTRACTOR's expense. 1. Under footings, foundation bases, or retaining walls, fill unauthorized excavation by extending indicated bottom elevation of footing or base to excavation bottom, without altering required top elevation. Lean concrete fill may be used to bring elevations to proper position, when acceptable to the ENGINEER. 2. Elsewhere, backfill and compact unauthorized excavations as specified for authorized excavations of same classification. D. Additional Excavation 1. When excavation has reached required subgrade elevations, notify the ENGINEER who will make an inspection of conditions. a. If unsuitable bearing materials are encountered at required subgrade elevations, carry excavations deeper and replace exca - vated material as directed in writing by the ENGINEER. b. Removal of unsuitable material and its replacement as directed will be paid on basis of Contract conditions relative to changes in work. E. Stability of Excavations 1. Slope sides of excavations to comply with codes and ordinances having jurisdiction. Shore and brace where sloping is not possible because of space restrictions or stability of material excavated. 2. Maintain sides and slopes of excavations in safe condition until completion of backfilling. F. Shoring and Bracing 1. Provide materials for shoring and bracing, such as sheet piling, uprights, stringers, and cross-braces, in good serviceable condition. 2. Establish requirements for trench shoring and bracing to comply with codes and authorities having jurisdiction. 3. Maintain shoring and bracing in excavations regardless of time period excavations will be open. Carry down shoring and bracing as excavation progresses. 4. Provide permanent steel sheet piling or pressure creosoted timber sheet piling wherever subsequent removal of sheet piling might permit lateral movement of soil under adjacent structures. Cut off tops as required and leave permanently in place. In the event the OWNER directs the CONTRACTOR to leave shoring materials in place, t he OWNER will 689-19-01 (10/19) 02200-6 reimburse the CONTRACTOR for the reasonable cost of leaving such materials in place. G. Dewatering 1. Refer to Section 02140 for dewatering requirements. H. Material Storage 1. Stockpile satisfactory excavated materials where directed, until required for backfill or fill. Place, grade, and shape stockpiles for proper drainage. 2. Dispose of excess soil material and waste materials as herein specified. I. Excavation for Structures 1. Conform to elevations and dimensions shown within a tolerance of plus or minus 0.10 feet and extending a sufficient distance from footings and foundations to permit placing and removal of concrete formwork, installation of services, other construction, and for inspection. 2. In excavating for footings and foundations, take care not to disturb bottom of excavation. All loose material shall be removed from the excavation just before concrete reinforcement is placed. Trim bottoms to required lines and grades to leave solid base to receive other work. J. Excavation for Pavements 1. Cut surface under pavements to comply with cross-sections, elevations, and grades as shown. K. Trench Excavation 1. The CONTRACTOR shall include in his lump sum bid all trenching and backfill necessary for installation of all pipelines as planned and specified unless specific unit prices are set up for specific pipeline. Trenching shall include clearing and grubbing of all trash, weeds, briars, trees and stumps encountered in the trenching. The CONTRACTOR shall dispose of such material at no extra cost to the OWNER . Shrubs shall be removed, maintained and replanted in the same or adjacent location. Trenching also includes such items as railroad, street, road, sidewalk, pipe, and small creek crossings; cutting, moving or repairing damage to fences, posts, gates, and other surface structures regardless of whether shown on the Drawings. 2. All existing facilities shall be protected from danger or damage while pipelines are being constructed and backfilled, and from damage due to settlement of the backfill. 3. In the event any existing structure is damaged, repair and restoration shall be made at once and backfill shall not be replaced until this is done . Restoration and repair shall be such that the damaged structure is e qual 689-19-01 (10/19) 02200-7 to or better than its original condition and can serve its purpose as completely as before. All such restoration and repair shall be done without extra cost to the OWNER. 4. Trenches must be dug to lines and grades shown on the Drawings. Hand trenching may be required in areas where machine trenching would result in undue damage to exist ing structures and facilities. 5. Excavation shall be open trenches, except where otherwise shown on the Drawings, for tunneling, boring, or jacking under structures, railroad, sidewalks and roads. 6. Sheeting and shoring of trenches shall be provided at the expense of the CONTRACTOR where necessary to protect life, property and the new or existing structures from damage or to maintain maximum permissible trench widths at top of pipe. All necessary materials, including, but not limited to, sheeting, sheet piling, trench jacks, braces, shores and stringers, shall be used to hold trench walls. Sheeting and shoring may be withdrawn as the trenches are being backfilled, after backfill has been tamped over top of the pipe at least 18 inches. If removal before backfill is completed to surface endangers adjacent structures, such as buildings, pipelines, street paving, and sidewalks, then the sheeting and shoring shall be left in place unt il such danger has passed, and then pulled if practical. Voids caused by sheeting withdrawal shall be backfilled and tamped. If not withdrawn, sheeting shall be cut off at least 18 inches below final surface grade, so there is no obstruction at the ground level. In the event the OWNER directs the CONTRACTOR to leave shoring materials in place, the OWNER will reimburse the CONTRACTOR for the reasonable cost of leaving such materials in place. 7. Where subgrade of trench has insufficient stability to support the pipeline and hold it to its original grade, the ENGINEER may order stabilization by various means. Exclusive of dewatering normally required for construction, and instability caused by neglect of the CONTR ACTOR, the necessary stabilization shall be paid for at unit prices established in the Contract. In the event no particular bid price is applicable, then the payment for stabilization will be negotiated. 8. The location of the pipelines and their appurtenances as shown are those intended for the final construction. However, conditions may present themselves before construction on any line is started that would indicate desirable changes in location. The OWNER reserves the right to make reasonable changes in line and structure locations without extra cost, except as may be determined by extra units of materials and construction actually involved. The OWNER is under no obligation to locate pipelines, so they may be excavated by machine. 9. Tunneling may be used at the CONTRACTOR'S option as an alternate to open-cut trenching, at no extra cost to the OWNER . The annular space between plates and excavation shall be either permanently placed pea gravel or sand, pumped grout (3 parts sand and 1 part Portland cement 689-19-01 (10/19) 02200-8 by volume) or other suitably installed material approved by the ENGINEER. Backfilling shall be kept close to the heading and completed after each day's work. Where grout is used for backfill, injection holes with threaded plugs shall be provided in liner plates at various levels and in sufficient number to effectively grout the void around the tunnel. A minimum of 3 grout holes shall be provided in each 8 feet of tunnel length . Grout shall be injected in the lower holes first, proceeding upward as the void is filled. Plugs shall be installed after each hole is filled and grout stops shall be provided behind plates as necessary to ensure complete filling of the void. In tunneling under buildings, the CONTRACTOR will be responsible for all damage resulting from his operations and methods of excavation and backfilling. Boring may also be used at the CONTRACTOR'S option as an alternate to tunneling or open-cut trenching, at no extra cost to the OWNER. 10. Dig trenches to the uniform width required for the particular item to be installed, sufficiently wide to provide ample working room. Provide 6-inch to 9-inch clearance on both sides of pipe or conduit. a. Excavate trenches to depth indicated or required. Carry depth of trenches for piping to establish indicated flow lines and invert elevations. Keep bottoms of trenches sufficiently below finish grade to avoid freeze-ups. b. Where rock is encountered, carry excavation 6 inches below required elevation and backfill with a 6-inch layer of crushed stone or gravel prior to installation of pipe. c. For pipes or conduit 4 inches or smaller in nominal size, excavate to subbase depth indicated or, if not otherwise indicated, to 4 inches below bottom of work to be supported. d. For pipes or conduit 6 inches or larger in nominal size, tanks, and other mechanical/electrical work indicated to receive subbase, excavate to subbase depth indicated or, if not otherwise indicated, to 6 inches below bottom of work to be supported. e. Except as otherwise indicated, excavation for exterior water-bearing piping (water, steam, condensate, drainage) so top of piping is no less than 2 feet 6 inches below finish grade. f. Grade bottoms of trenches as indicated, notching under pipe bells to provide solid bearing for entire body of pipe. g. Backfill trenches with concrete where trench excavations pass within 18 inches of column or wall footings and which are carried below bottom of such footings, or which pass under wall footings. Place concrete to level of bottom of adjacent footing. 689-19-01 (10/19) 02200-9 h. Do not backfill trenches until tests and inspections have been made and backfilling authorized by the ENGINEER. Use care in backfilling to avoid damage or displacement of pipe systems. i. For piping or conduit less than 2 feet 6 inches below surface of roadways, furnish and install steel casing pipe, minimum wall thickness of 1/4-inch, of sufficient diameter to carry the pipe or conduit to at least 2 feet beyond outside edge of pavement. L. Cold Weather Protection 1. Protect excavation bottoms against freezing when atmospheric temperature is less than 35 degrees Fahrenheit (1 degree Celsius). 3.03 COMPACTION A. General 1. Control soil compaction during construction providing minimum per- centage of density specified for each area classification indicated below: a. Percentage of maximum density requirements: Compact soil to not less than the following percentages of maximum density for soils which exhibit a well-defined moisture density relationship (cohesive soils) determined in accordance with ASTM D698; and not less than the following percentages of relative density, deter- mined in accordance with ASTM D4253 and D4254, for soils which will not exhibit a well-defined moisture-density relationship (cohesionless soils). b. Structures, building slabs and steps, pavements: Compact top 12 inches of subgrade and each layer of backfill or fill material at 95 percent standard proctor density at +2 percent to -2 percent optimum moisture content. c. Lawn or unpaved areas: Compact top 6 inches of subgrade and each layer of backfill or fill material at 90 percent standard proctor density. d. Walkways: Compact top 6 inches of subgrade and each layer of backfill or fill material at 95 percent standard proctor density at +2 percent to -2 percent optimum moisture content. B. Moisture Control 1. Where subgrade or layer of soil material must be moisture conditioned before compaction, uniformly apply water to surface or subgrade, or layer of soil material, to prevent free water appearing on surface during or subsequent to compaction operations. 2. Remove and replace, or scarify and air dry, soil material that is too wet to permit compaction to specified density. 689-19-01 (10/19) 02200-10 3. Soil material that has been removed because it is too wet to permit compaction may be stockpiled or spread and allowed to dry. Assist drying by discing, harrowing, or pulverizing until moisture content is reduced to a satisfactory value. 3.04 BACKFILL AND FILL A. General 1. Place acceptable soil material in layers to required subgrade elevations, for each area classification listed below. Backfill material shall be no larger than the specified depth of the layer to be placed and/or compacted. a. In excavations, use satisfactory excavated or borrow material. b. Under grassed areas, use satisfactory excavated or borrow material. c. Under walks and pavements, use subbase material, or satisfactory excavated or borrow material, or combination of both. d. Under steps, use subbase material. e. Under building slabs, use subbase material for a minimum depth of 6 inches. B. Backfill excavations as promptly as work permits, but not until completion of the following: 1. Acceptance of construction below finish grade including, where applicable, dampproofing, waterproofing, and perimeter insulation. 2. Inspection, testing, approval, and recording locations of underground utilities. 3. Removal of concrete formwork. 4. Removal of shoring and bracing, and backfilling of voids with satisfactory materials. Cut off temporary sheet piling driven below bottom of structures and remove in manner to prevent settlement of the structure or utilities, or leave in place if required. 5. Removal of trash and debris. 6. Permanent or temporary horizontal bracing is in place on horizontally supported walls. C. Ground Surface Preparation 1. Remove vegetation, debris, unsatisfactory soil materials, obstructions, and deleterious materials from ground surface prior to placement of fills. 689-19-01 (10/19) 02200-11 Plow, strip, or break up sloped surfaces steeper than 1 vertical to 4 horizontal so that fill material will bond with existing surface. 2. When existing ground surface has a density less than that specified under "Compaction" for particular area classification, break up ground surface, pulverize, moisture condition to optimum moisture content, and compact to required depth and percentage of maximum density. D. Placement and Compaction 1. Place backfill and fill materials in layers not more than 8 inches in loose depth for material compacted by heavy compaction equipment, and not more than 4 inches in loose depth for material compacted by hand-operated tampers. Crushed stone shall be installed in accordance with Section 02235. 2. Before compaction, add moisture or aerate each layer as necessary to provide optimum moisture content. Compact each layer to required percentage of maximum dry density or relative dry density for each area classification. Do not place backfill or fill material on surfaces that are muddy, frozen, or contain frost or ice. 3. Place backfill and fill materials evenly adjacent to structures, piping, or conduit to required elevations. Take care to prevent wedging action of backfill against structures or displacement of piping or conduit by carry- ing material uniformly around structure, piping, or conduit to approxi- mately same elevation in each lift. E. Backfilling Trenches 1. Refer to Section 02610 or Section 02700 as appropriate for trench backfill requirements. 3.05 GRADING A. General 1. Uniformly grade areas within limits of grading under this Section, including adjacent transition areas. Smooth finished surface within specified tolerances, compact with uniform levels or slopes between points where elevations are indicated, or between such points and existing grades. B. Grading Outside Building Lines 1. All materials used for backfill around structures shall be of a quality acceptable to the ENGINEER and shall be free from large or frozen lumps, wood and other extraneous material. All spaces excavated and not occupied by footings, foundations, walls or other permanent work shall be refilled with earth up to the surface of the surrounding ground, unless otherwise specified, with sufficient allowance for settlement. 689-19-01 (10/19) 02200-12 2. In making the fills and terraces around the structures, the fill shall be placed in layers not exceeding 12 inches in depth and shall be kept smooth as the work progresses. Each layer of the fill shall be rolled with an approved type roller and/or be compacted. When it is not practicable to compact sections of the fill immediately adjacent to buildings or structures by rolling, then such sections shall be thoroughly compacted by means of mechanical tamping or hand tamping as may be required by the conditions encountered. 3. All fills shall be placed so as to load structures symmetrically. 4. As set out hereinbefore, rough grading shall be held below finished grade and then the topsoil which has been stockpiled shall be evenly spread over the surface. The grading shall be brought to the levels shown on the Drawings or to the elevations established by the ENGINEER. Final dressing shall be accomplished by hand work or machine work, or a combination of these methods as may be necessary to produce a uniform and smooth finish to all parts of the regrade. The surface shall be free from clods greater than 2 inches in diameter. Excavated rock may be placed in the fills, but it shall be thoroughly covered. Rock placed in fills shall not be closer than 12 inches from finished grade. 5. Grade areas adjacent to building lines to drain away from structures and to prevent ponding. a. Finish surfaces to be free from irregular surface changes, and as follows: (1) Lawn or unpaved areas: Finish areas to receive topsoil to within not more than 0.10 feet above or below required subgrade elevations. (2) Walks: Shape surface of areas under walks to line, grade, and cross-section, with finish surface not more than 0.0 inch above or 1.0 inch below required subgrade elevation. (3) Pavements: Shape surface of areas under pavement to line, grade, and cross-section, with finish surface not more than 0.0 inch above or 1 inch below required subgrade elevation. C. Grading Surface of Fill Under Building Slabs 1. Grade smooth and even, free of voids, compacted as specified, and to required elevation. Provide final grades within a tolerance of 0.0 inch above or 1 inch below required subgrade elevation when tested with a 10-foot straightedge. D. Compaction 689-19-01 (10/19) 02200-13 1. After grading, compact subgrade surfaces to the depth and indicated percentage of maximum or standard proctor density for each area classification. 3.06 PAVEMENT SUBBASE COURSE A. General 1. Subbase course consists of placing subbase material, in layers of specified thickness, over subgrade surface to support a pavement base course. B. Grade Control 1. During construction, maintain lines and grades including crown and cross-slope of subbase course. C. Shoulders 1. Place shoulders along edges of subbase course to prevent lateral movement. Construct shoulders of acceptable soil materials, placed in such quantity to compact to thickness of each subbase course layer. Compact and roll at least a 12-inch width of shoulder simultaneously with compacting and rolling of each layer of subbase course. D. Placing 1. Place subbase course material on prepared subgrade in layers of uniform thickness, conforming to indicated cross-section and thickness. Maintain optimum moisture content for compacting subbase material during placement operations. 2. When a compacted subbase course is shown to be 6 inches thick or less, place material in a single layer. When shown to be more than 6 inches thick, place material in equal layers, except no single layer more than 6 inches or less than 3 inches in thickness when compacted. 3.07 BUILDING SLAB ENGINEERED FILL COURSE A. General 1. Engineered fill course consists of placement of crushed stone of size and type shown on Drawings, in layers of indicated thickness, over subgrade surface to support concrete building slabs. B. Placing 1. Place fill material on prepared subgrade in layers of uniform thickness, conforming to indicated cross-section and thickness. Maintain optimum moisture content for compacting material during placement operations. 689-19-01 (10/19) 02200-14 2. When a compacted course is shown to be 6 inches or less, place material in a single layer. When shown to be more than 6 inches thick, place material in equal layers, except no single layer shall be more than 6 inches or less than 3 inches in thickness when compacted. 3.08 FIELD QUALITY CONTROL A. Quality Control Testing During Construction 1. Allow testing service to inspect and report to the ENGINEER on findings and approve subgrades and fill layers before further construct ion work is performed. A minimum of 3 tests per layer shall be performed on compacted soil fill. The placement of rock for the purpose of structure fill shall be observed and approved by testing service. 2. Perform field density tests in accordance with ASTM D1556 (sand cone method), ASTM D2167-84 (rubber balloon method), or ASTM D2992-87 (nuclear density method), as applicable. 3. Paved areas and building slab subgrade: Make at least one field density test of subgrade for every 2,000 square feet of paved area or building slab, but in no case less than 3 tests. In each compacted fill layer, make one field density test for every 2,000 square feet of overlaying building slab or paved area, but in no case less than three tests. B. If in opinion of the ENGINEER, based on testing service reports and inspection, subgrade or fills which have been placed are below specified density, provide additional compaction and testing at no additional cost to the OWNER. 3.09 MAINTENANCE A. Protection of Graded Areas 1. Protect newly graded areas from traffic and erosion. Keep free of trash and debris. Repair and re-establish grades in settled, eroded, and rutted areas to specified tolerances. B. Reconditioning Compacted Areas 1. Where completed compacted areas are disturbed by subsequent construction operations or adverse weather, scarify surface, reshape, and compact to required density prior to further construction. C. Settling 1. Where settling is measurable or observable at excavated areas during general project warranty period, remove surface (pavement, lawn or other finish), add backfill material, compact, and replace surface treat ment. Restore appearance, quality, and condition of surface or finish to match adjacent work, and eliminate evidence of restoration to greatest extent possible. 689-19-01 (10/19) 02200-15 3.10 DISPOSAL OF EXCESS NON-ORGANIC SOIL AND ROCK A. General 1. The OWNER'S property as designated on the Drawings and/or specified herein shall be used for disposal of all acceptable excess excavated material, including acceptable demolition materials. The CONTRACTOR shall place and compact all acceptable excess excavated and/or demoli- tion material at this location, with the cost of hauling, placing, compacting and covering, included in the CONTRACTOR'S lump sum bid. B. Material Classification and Description 1. Acceptable fill material shall consist of all excess non-organic soil and rock available at the site. The non-organic soil and rock may be com- posed of earth, shale, limestone, weathered rock, waste crushed aggre- gate or other approved materials. Excess non-organic soil and rock shall contain no particle whose largest dimension exceeds 12 inches. C. Foundation Preparation 1. The CONTRACTOR shall proof roll the fill area a minimum of 2 passes. Any soft spots found shall be removed prior to fill placement. D. Placement 1. The distribution and gradation of material throughout the fill shall be such that the fill will be free from lenses, pockets, streaks or layers of material differing substantially in texture or gradation from the surround- ing material. The combined excavation and placing operations shall be such that the materials when compacted in fill will be blended sufficiently to secure the best practicable degree of compaction and stability. Successive loads of material shall be placed on the fill so as to produce the best practicable distribution of the material. 2. The material shall not be dumped into final position but shall be distrib - uted by blading or dozing in a manner that will ensure proper placement in the embankment so that voids, pockets and bridging will not occur. 3. No fills shall be placed upon a frozen surface, nor shall snow, ice or frozen materials be incorporated in the fill. E. Spreading and Compacting 1. The material shall be spread in uncompacted lifts 12 to 16 inches in thickness, depending on the amount of earth, over the entire length and width of the specified area. The material shall then be compacted by a minimum of 6 passes of a smooth drum vibratory roller. The roller shall have a total static weight of not less than 20,000 pounds. The diameter of the drum shall be between 5.0 and 5.5 feet and the width between 6.0 and 6.5 feet. The frequency of vibration during operation shall be between 1,200 and 1,500 vibrations per minute and the dynamic force at 689-19-01 (10/19) 02200-16 1,400 vibrations per minute shall not be less than 16,000 pounds . Rollers shall be operated at speeds not to exceed 1.5 miles per hour. F. Earth Cover 1. The surface of the waste area shall be covered with a minimum of 12 inches of material suitable for growing grass, trees, shrubs, etc., and shall be relatively free of rocks and other debris, satisfactory to the OWNER. The material shall be placed and spread in accordance with this Specification. END OF SECTION *** 689-19-01 (10/19) 02235-1 SECTION 02235 CRUSHED STONE AND AGGREGATE BASE COURSE (ABC) PART 1 GENERAL 1.01 SCOPE OF WORK A. Furnish and install crushed stone aggregates and ABC as indicated on the Drawings and/or required in the Specifications for such uses as surfaces and/or bases of roads, parking areas and walkways; temporary and permanent traffic bound surfacing over trenches; permanent traffic bound roadway surface maintenance; replacement of unsuitable material; and other miscellaneous applications required in the work. B. Various sizes, types and quality of crushed stone aggregates are specified in this Section depending on applicability which may be specified in detail in other sections of these Specifications. C. The ENGINEER may require the use of crushed stone aggregates for purposes other than those specified in this or other Specification sections if such use is advisable in his opinion. Payment for crushed stone aggregate shall be by negotiation unless agreed pricing has been previously established. 1.02 RELATED WORK A. Dewatering is included in Section 02140. B. Earthwork is included in Section 02200. 1.03 SUBMITTALS A. Testing Service shall submit required test reports directly to the ENGINEER with copy to CONTRACTOR. PART 2 PRODUCTS 2.01 MATERIALS A. Crushed stone aggregate shall meet the applicable requirements for the intended use in accordance with Division 10 materials of the North Carolina Department of Transportation. B. Unless otherwise referred to on the Drawings or in these Specifications, crushed stone aggregate shall be graded size No. 57 according to the table below. C. When referred to on the Drawings or in these Specifications, aggregate base course (ABC) shall have a sand equivalent value of not less than 25 and shall be graded according to the table below. 689-19-01 (10/19) 02235-2 D. Coarse aggregate gradations referred to by number size on the Drawings or in these Specifications shall conform to the following table (as copied from the above North Carolina Department of Transportation Specifications, Table 1005-1, 2012 Edition: E. Testing 1. Unless otherwise required in this Section, the ENGINEER shall determine the tests required for crushed stone aggregates according to Table 1005. The CONTRACTOR shall be responsible, initially and periodically at no cost to the OWNER, to deliver materials proposed for use or being used in the work to a testing laboratory selected by the OWNER. This provision shall apply to any other aggregate tests required in this Section. 2. The OWNER shall be responsible to pay the laboratory testing costs. However, once a material has been tested and accepted for use, the CONTRACTOR shall be responsible throughout the job to use materials which are equal in all respects and from the same source as that accepted material delivered to the testing laboratory. 689-19-01 (10/19) 02235-3 3. The CONTRACTOR shall pay for additional tests ordered by the ENGINEER after acceptance of tested materials when such tests show the quality of materials has become deficient or when the CONTRACTOR requests a change of material supplier and/or source. 4. The ENGINEER shall request tests on Form HKB DE-16 "Requisition for Material and Design Mix Tests." PART 3 EXECUTION 3.01 INSTALLATION A. Compacted Crushed Stone Aggregate 1. Crushed stone shall be placed in uniform layers not greater than 6 inches deep and shaped by power equipment to required lines, grades, cross connections, and depths. No minimum compacted density, method of compaction, or compaction equipment is required since a nominal amount of compaction effort with vibration can establish the desired intergranular locking of the aggregate under controlled placement depth. Acceptable compaction can be achieved with pneumatic-tired and tracked equipment and rollers. 2. All compaction operations shall be performed to the satisfaction of the ENGINEER. 3. Crushed stone shall be placed in those areas as shown on the Drawings and as may be directed by the ENGINEER. B. Compacted Aggregate base course (ABC) 1. Aggregate base course shall be plant mixed with water, transported in such a manner as to deliver the mix to the project without loss o r segregation, spread, and compacted to produce a density throughout not less than 84 percent of solid volume. Minimum dry density for compacted limestone ABC shall be 139 pounds per cubic foot when S.G. of limestone is 2.65. 2. Density tests shall be required in such number as determined by the ENGINEER. Density tests shall be made by the sand cone method or by nuclear gauges. The CONTRACTOR shall furnish all necessary labor, equipment and materials for making the density tests under observations of the ENGINEER. 3. In the event compacted material does not meet the required density of an area, the CONTRACTOR shall either continue compaction efforts or rework the entire area until the required density is obtained. If material has to be removed and reworked, the ENGINEER shall determine if removed material can be remixed and used again for fill. 689-19-01 (10/19) 02235-4 4. All compacted ABC fill shall be included in the CONTRACTOR'S lump sum bid unless otherwise indicated on the Drawings. END OF SECTION *** 689-19-01 (10/19) 02270-1 SECTION 02270 GEOTEXTILES PART 1 GENERAL 1.01 SCOPE OF WORK A. Provide all labor, materials, equipment and services required to install geotextiles as shown on the Contract Drawings and as specified herein. 1.02 RELATED WORK A. Crushed Stone, ABC, Asphalt Paving are specified in other sections of Division 2. 1.03 SUBMITTALS A. The CONTRACTOR shall submit to the ENGINEER in accordance with the General Conditions of the Contract, detailed material, performance and installation information on the geotextile fabric proposed for use. The ENGINEER shall review the submittal for acceptability prior to shipment of the fabric to the job site. PART 2 PRODUCTS 2.01 MATERIAL A. The geotextile fabric shall consist of long chain polymeric filaments of either polyester or polypropylene formed into a stable network. Fabric shall be tear and puncture resistant and maintain the following minimum physical properties, when wet or dry, and be inert to commonly encountered chemicals in the soil. B. The geotextile fabric shall meet the following minimum requirements: Property Requirement Specification Weight 4.0± 0.5 oz./sq.yd. --- Grab Tensile 110 lbs. ASTM D 1682-64 (1975) Modulus 900 lbs. ASTM D 1682-64 (1975) Trapezoidal Tear 40 lbs. ASTM D 2263-68 Mildew, Rot Resistance 100% --- Coeff. of Permeability (K) 1 x 10-3 cm/sec. EURM-100 C. The fabric shall be TYPAR Style 3401 as manufactured by DuPont, Wilmington, Delaware; Bidim as manufactured by Monsanto Textiles Co., St. Louis, Missouri, or equal, unless otherwise specified or shown on the Drawings. 689-19-01 (10/19) 02270-2 PART 3 EXECUTION 3.01 INSTALLATION A. The fabric shall be installed as recommended by the manufacturer for the application specified and/or shown on the Drawings. Manufacturer's printed instructions shall be strictly followed including storage of fabric rolls; subgrade preparation to prevent punct ure; unrolling and positioning fabric; installing loosely to allow for settlement without rupture under crushed rock and riprap fills; and fabric lap distances which shall be a minimum of 1 foot unless otherwise required. END OF SECTION *** 689-19-01 (10/19) 02400-1 SECTION 02400 STREETS, ROADS AND PARKING AREAS PART 1 GENERAL 1.01 SCOPE OF WORK A. Provide all labor, materials, equipment, and services required to construct street, access road, and parking areas as shown on the Contract Drawings and as specified herein. 1.02 RELATED WORK A. Crushed stone, ABC, paving and concrete are specified in other sections of Divisions 2 and 3. 1.03 SUBMITTALS A. Shop drawings, manufacturer's data and other items needed to establish compliance with the Drawings and these Specifications shall be submitted to the ENGINEER in accordance with the General Conditions of the Contract . 1.04 WARRANTY A. Refer to the General Conditions of the Contract for general warranty requirements. PART 2 PRODUCTS 2.01 CONSTRUCTION MATERIALS A. Concrete materials and methods of installation are specified in Section 03300. B. Drainage pipe and methods of installation are specified in Section 02700. C. Crushed stone and aggregate base course materials are specified in Section 02235. D. Guardrail, drainage grates and other related equipment is specified in Division 5-Metals. E. Geotextiles are specified in Section 02270. F. Bituminous paving materials and methods of placement are specified in Section 02500. G. Concrete paving materials and methods of placement are specified in Section 02510. H. Sodding and seeding materials and methods of construction are specified in Section 02930. 689-19-01 (10/19) 02400-2 PART 3 EXECUTION 3.01 DELIVERY, STORAGE AND HANDLING A. Spec. writer describe specified requirements or scheduling requirements beyond that specified in Section 01600 or other product sections: B. Clearing and Grubbing 1. Clearing and grubbing requirements shall be as stated in Section 202 of NCDOTSSRS except that the method of payment as stated therein shall not apply. C. Demolition OF Buildings and Appurtenances 1. Requirements shall be as stated in Section 210 – NCDOTSSRS. D. Removal of Existing Buildings 1. Removal of existing buildings requirements shall be as stated in Section 215 of NCDOTSSRS. E. Roadway Excavation 1. The requirements for roadway excavation shall be as stated in Section 225 of NCDOTSSRS. F. Borrow Excavation 1. The requirements for borrow excavation shall be as stated in Section 230 of NCDOTSSRS. G. Embankments 1. The requirements for embankments shall be as stated in NCDOTSSRS Section 235. H. Fine Grading Subgrade, Shoulders, and Ditches 1. The requirements for fine grading subgrade, shoulders, and ditches shall be as stated in NCDOTSSRS Section 500. I. Shoulder Construction 1. The requirements for shoulder construction shall be as stated in NCDOTSSRS Section 560. J. Erosion Control 689-19-01 (10/19) 02400-3 1. Requirements for erosion control shall be as delineated in Section 02930 - Sodding and Seeding of these Specifications. When work is located within Department of Highways rights-of-way, the requirements for erosion control shall be as delineated in NCDOTSSRS – Division 16. K. Drainage Structures and Conduits 1. The requirements for drainage structures and conduits shall be as specified in Section 03300 - Cast-in-Place Concrete and in Section 02700 - Sewer and Drain Pipe. L. Aggregate Surfaces and Base Courses for Paved Surface 1. The requirements for crushed stone aggregate and base courses for paved surfaces are specified in Section 02235. M. Paved Surfaces 1. Bituminous Pavements a. The requirements for bituminous paving are as shown in Section 02500 of these Specifications. 2. Concrete Pavements a. The requirements for concrete pavements are as shown in Section 02510 of these Specifications. END OF SECTION *** 689-19-01 (10/19) 02500-1 SECTION 02500 ASPHALT PAVING PART 1 GENERAL 1.01 SCOPE OF WORK A. The CONTRACTOR shall be required to supply all materials and equipment and perform all work for the placement of the asphalt base, binder, and surface course(s) for the new street and parking area to the depths as shown on the detailed Drawings and as specified herein. 1.02 REFERENCES A. Unless noted, all Specifications designations denoted NCDOTSSRS refer to the North Carolina Department of Transportation Standard Specifications for Roads and Structures. Appropriate technical portions of the referenced sections of the Specifications shall apply, but all work and method of payment shall be as described herein unless otherwise specified or shown on the Drawings. 1.03 RELATED WORK A. Special sequence or schedule requirements (if any) are specified in Section 01010 - Summary of Work. B. Special requirements for materials and equipment are given in the General Conditions of the Contract. C. Crushed stone surfacing requirements, temporary and permanent replacement, are specified in Section 02235 of these Specifications. D. New streets, roads and parking area material and construction are specified in Section 02400. 1.04 WORK DESCRIPTION A. Asphalt shall be used for surfacing new roads and parking areas, for replacement of city streets, drives, parking areas and state highways of asphalt construction and for resurfacing existing roads and state highways at locations shown on the Drawings or specified. 1.05 QUALIFICATIONS A. The pavement design mixture shall be used as determined by local plant mix availability. The design mixture shall have been approved recently by the North Carolina Department of Transportation and used recently on a state paving project. B. The design mix shall be submitted to the ENGINEER for review and acceptance. The submittal shall include the following: 1. The last date the mixture was approved by the North Carolina Department of Transportation for use on a state road project. 689-19-01 (10/19) 02500-2 2. The location where the mixture was recently used, and the name and address of the paving contractor. 1.06 SUBMITTALS A. Prebid submittals, when required, are specified in Section 00820 - Special Conditions of these specifications. B. Shop Drawings, manufacturer’s data and other items needed to establish compliance with the Drawings and Specifications shall be submitted to the ENGINEER in accordance with the General Conditions. 1.07 WARRANTY A. Refer to the General Conditions for warranty requirements. PART 2 PRODUCTS 2.01 ASPHALT PAVING A. Mixture 1. The asphaltic paving provided for use on this Contract shall conform to the applicable requirements of NCDOTSSRS Division 6. 2.02 FACILITIES ADJUSTMENT MATERIALS A. Manhole adjusting rings shall be cast iron, Neenah R-1979, J.R. Hoe, or equal. Maximum adjustment shall be 3 inches. B. Valve box adjusting rings shall be cast iron, Tyler Type MWW riser with 3 inches maximum adjustment. 2.03 PAVEMENT STRIPING MATERIALS A. Pavement striping for all areas to receive asphalt paving, whether full width pavement overlay, trench width pavement replacement, or newly constructed access roads or parking areas, shall meet the requirements of Section 1205 of the NCDOTSSRS for placement and Section 1087 for striping material. 2.04 TRAFFIC CONTROL SIGNAL LOOPS A. Where possible, traffic control signal loops shall be avoided in the location of new or replacement pipelines. Should the traffic control loops be damaged or destroyed by pipeline construction, they shall be replaced to the specification of the requirements of the entity who is the owner and operator of the traffic control facilities. PART 3 EXECUTION 3.01 GENERAL A. Construction requirements shall conform to applicable requirements of Division 6 of NCDOTSSRS. 689-19-01 (10/19) 02500-3 B. A tack coat shall be required to bond new paving to the surface of concrete or brick pavements and bases or existing asphalt surfaces. It shall be applied at the rate of 0.8 pound (0.1 gallon) per square yard at the following range of application temperatures: SS-1, SS-1h, CSS-1, CSS-1h, AE-60 70-160F RS-1 70-140F CRS-1 120-185F C. When SS1, SS1h, CSS1, CSS1h, or AE60 is furnished for tack material, it shall be diluted with an equal quantity of water conforming to Section 803, shall be thoroughly mixed prior to application, and shall be applied a sufficient time in advance of the paver to ensure that all water has evaporated before the asphalt mixture is placed. The application rate shall be 0.8 pound (0.1 gallon) per square yard of the diluted SS1, SS1h, CSS1, CSS1h, or AE60. D. Where asphalt paving is placed against vertical surfaces such as curbs, gutters, manhole frames, valve boxes, etc., the vertical face shall be tack coated in order to seal the surface. Where these surfaces are inaccessible to pressure distributor, the tack coat may be brushed or broomed into place. The tack coat shall not be allowed to spill over onto any horizontal surface outside the area to be paved. E. Unless otherwise indicated on the Drawings or in these Specifications, the compacted thickness of the asphalt paving shall be a minimum of 1 inch and the minimum ambient temperature for mixing and laying temperatures shall be as follows: Open Graded Friction Course 60°F Asphalt Mixture (1-Inch Thick) 45°F Asphalt Mixture (thicker than 1-inch) 40°F Asphalt Mixture (Base and Binder) 35°F Leveling and Wedging 45°F F. Trucks for hauling asphaltic mixtures shall have tight, clean, and smooth metal beds that have been sprayed with a minimum amount of soap emulsion, paraffin oil, or other approved material which is not detrimental to the mixture to prevent the mixture from adhering to the beds. All trucks shall be equipped with covers of sufficient size to completely cover the loaded material, and all covers shall be securely fastened in place before the truck leaves the plant. Truck beds shall be insulated, when necessary, to maintain the specified temperature to the point of delivery. Any truck causing excessive segregation of material by its spring suspension or other contributing factors, shall be discharged from the work, until such conditions are corrected. G. The CONTRACTOR shall have an accurate thermometer on the job at all times for verifying all temperature requirements and for taking temperature measurements whenever requested by the ENGINEER or OWNER. The CONTRACTOR shall closely control temperature and compaction requirements in order to achieve quality asphalt paving and related work. 689-19-01 (10/19) 02500-4 H. Asphalt paving which fails as the result of not meeting the requirements of these Specifications shall be removed and replaced as directed by the ENGINEER at the CONTRACTOR'S expense. I. Where manhole frames, valve boxes, drainage grates, etc., are located within the area to receive asphalt paving replacement, those facilities shall be adjusted to final pavement grade prior to the placement of the asphalt surface. Where the facilities to be adjusted are the property of the OWNER, the CONTRACTOR shall adjust the facilities with the cost included in the CONTRACTOR’S bid for asphalt replacement. Where the facilities to be adjusted are the property of other utility companies, i.e., gas, water, electric, telephone, the CONTRACTOR shall notify each utility company of the schedule for repaving of the particular area to allow those companies sufficient time to adjust their facilities prior to beginning the repaving process. J. Where pavement striping is destroyed or damaged, it shall be replaced per the requirements stated herein. The cost of all striping, unless stated otherwise in these specifications, shall be included in the price bid for pavement replacement. K. Damaged or destroyed traffic control loops shall be replaced per the requirements of the traffic control operator with the cost incorporated into the CONTRACTOR’S bid for pavement replacement. 3.02 PAVING OF NEW STREETS, ROADS AND PARKING AREAS A. The placement of asphalt paving for new streets, roads and parking areas shall meet the requirements of NCDOTSSRS – Division 6. 3.03 FULL WIDTH PAVING OF EXISTING STREETS, ROADS AND PARKING AREAS A. Where the entire width of the existing asphalt paved street damaged by construction is to be resurfaced, the existing pavement shall be cleaned and tack coated, and asphalt paving shall be hot applied as previously described in Article 3.02 herein. B. The preparation of the base shall include removal of unstable material from the disturbed areas, removal of excess crushed rock from the trench to same level as the existing asphalt pavement and addition of compacted crushed rock (ABC) to the trench or where needed. No cutting of edges of existing paving will be required. C. The ENGINEER will determine if and where leveling courses are required before application of surface courses. The leveling course shall be hot applied and rolled similarly to the surface course. D. The surface course shall be 2 inches thick applied to the entire width of the street, unless otherwise directed by the ENGINEER. The surface course shall be feathered out to a thickness of 1 inch at the front of existing gutters. The point where feathering shall begin and the amount of feathering shall be controlled by the ENGINEER. Where there are no gutters, feathering of edges will not be done unless otherwise directed by the ENGINEER in order to conform to existing features, such as driveways. 689-19-01 (10/19) 02500-5 E. Payment for the surface course shall be by the linear feet of full width pavement replaced. F. No extra payment will be allowed for tack coat, removal of unstable material, compacted aggregate base course (ABC) used to replace unstable material, removal of excess crushed rock from the trench to the grade of existing pavement, and cleaning of the surface. 3.04 TRENCH WIDTH REPAVING-CITY AND COUNTY STREETS, ROADS AND PARKING AREAS A. The cut edges of the existing paving surface shall be trimmed a depth of at least 2 inches to straight lines for uniform appearance and clean surface at joints. The area between the cut edges of the paving shall be removed to a depth of 2 inches (minimum) or to the bottom of the existing paving. All unstable material in the trench shall be removed and replaced with compacted aggregate base course and aggregate base course added as needed to bring the base surface to the bottom of existing paving or 2 inches below the existing surface, whichever is the lower. Aggregate base course required for stabilizing the subgrade will be paid for as an extra, but no extra payment will be allowed for removal of unstable back fill. B. The paving subgrade shall be compacted under the wheel of a roller, until there is no observed settlement of the subgrade. C. The sides of existing pavement shall be covered with a tack coat and asphalt paving shall be hot applied as previously described. Final surface shall be finished to 1/4-inch above existing paving surface at edges and crowned to 1/2-inch above existing surface at the center. D. Payment for asphalt repaving shall be per linear foot of pipeline covered to any width the CONTRACTOR shall find necessary to remove plus width of cut back to secure clean straight edges, and shall include excavation to subgrade, preparation of subgrade, cleaning edges of existing paving, tack coat, and all operations and materials planned and specified for this type of repaving. The CONTRACTOR shall maintain such repaving up to grade of existing street surface until final completion and acceptance of work under his Contract. During the guarantee period of one year, the CONTRACTOR will be responsible for defective materials or workmanship, and natural settlement. E. In case additional asphalt paving is to be added due to settlement, the surface which has experienced settlement shall be cut out, additional aggregate base course added if necessary, tack coat applied to the existing sides of existing pavement, and the paving in the settled area(s) replaced. Additional payment will not be allowed for the repair work required. 3.05 TRENCH WIDTH REPAVING-STATE MAINTAINED STREETS AND HIGHWAYS A. Streets, roads and highways maintained by the North Carolina Department of Transportation shall be repaved in accordance with details shown on the attached Department of Highways Drawing No., latest revision. B. Concrete base slab shall be cleaned and tack coated, and asphalt paving shall be hot applied as previously described. 689-19-01 (10/19) 02500-6 C. Payment for replacement of asphalt paving on state maintained streets and roads, where concrete base slab and asphalt surface are required, shall be per foot of pipeline covered, and shall include excavation, crushed rock or flowable fill backfill, base courses, concrete base slab, tack coat, and asphalt surfacing. Widths, depths, and other details and methods of application shall be as shown on attached drawing and as required by the North Carolina Department of Transportation. D. The CONTRACTOR shall maintain the surface of all state highways and state maintained streets to grade during the entire guarantee period of the Contract. 3.06 CROSSWALK MARKINGS A. Crosswalk marking shall meet the requirements Section 3B.18 of the Manual of Uniform Traffic Control Devices (MUTCD). END OF SECTION Attachment: North Carolina Department of Transportation drawing No. 654.01. *** (PIPE IS PLACED UNDER EXISTING PAVEMENT)PAVEMENT REPAIRS ON ROADS TO BE RESURFACED(PIPE IS TO BE PLACED UNDER EXISTING PAVEMENT)PAVEMENT REPAIRS ON ROADS NOT TO BE RESURFACEDPAVEMENT REPAIRSPAVEMENT REPAIRSDXW1-121-12654.01654.011’-0"2’-0"X2’-0"1’-0"DEXISTINGEXISTING1’-0"2’-0"X2’-0"1’-0"DEXISTINGEXISTINGRALEIGH, N.C.DIVISION OF HIGHWAYSDEPT. OF TRANSPORTATIONNORTH CAROLINASTATE OF RALEIGH, N.C. DIVISION OF HIGHWAYS DEPT. OF TRANSPORTATION NORTH CAROLINA STATE OFSHEET OFSHEET OFENGLISH STANDARD DRAWING FORENGLISH STANDARD DRAWING FORFOR SUPERPAVE MIX TYPESFOR SUPERPAVE MIX TYPES 12"15"18"24"30"36"42"48"1’-7"1’-4"1’-10"2’-6"3’-1"3’-8"4’-5"7’-4"5’-0"7’-7"7’-10"8’-6"9’-1"9’-8"10’-5"11’-0"1 11 1WW SURFACE COURSE2"-3" S9.5B OR S9.5C BASE COURSE 11" B25.0B OR B25.C SURFACE COURSE2" S9.5B OR S9.5C BASE COURSE11" B25.0B OR B25.0C 689-19-01 (10/19) 02700-1 SECTION 02700 SEWER AND DRAIN PIPE PART 1 GENERAL 1.01 SUMMARY A. All pipe and accessories supplied for use on this project shall be as specified herein. B. All pipe supplied for this Project shall be of the pipe material called for on the Drawings. 1.02 REFERENCES A. Where referenced specifications (ASTM, AWWA, etc.), are mentioned, these standards are deemed to be the minimum standard of quality of materials or methods to apply to this project. 1.03 SUBMITTALS A. Copies of the manufacturer's directions for handling and installing the particular pipe supplied and accepted by the ENGINEER shall be furnished to the ENGINEER at the first delivery of pipe to the project in numbers that will permit the ENGINEER to retain three copies. B. The manufacturer's instructions shall be strictl y followed unless a conflict exists between the manufacturer's instructions and those contained herein. In such cases, the ENGINEER shall determine which methods are to be followed and no pipe shall be installed until the CONTRACTOR has received written instruction from the ENGINEER as to which procedure to follow. 1.04 QUALITY ASSURANCE A. Where pipe enters manholes, the pipe manufacturer shall certify that their pipe is compatible with the watertight, flexible seal to be used at manhole openings and that their combined use will produce a flexible watertight installation. PART 2 PRODUCTS 2.01 MANUFACTURERS A. All pipe, fittings and jointing materials shall be of one manufacturer unless different types are shown on the Drawings or otherwise accepted by the ENGINEER. 2.02 MATERIALS-SEWER AND DRAIN PIPE A. Sewer Transition Joints 1. Where sewer pipes of different materials are to be joined, i.e., VC pipe to DI pipe, VC pipe to PVC pipe, or some other combination, an adapter 689-19-01 (10/19) 02700-2 made for this purpose shall be used. The adapter shall be made of polyurethane or polyvinyl chloride with stainless steel clamps and shall be equal to Can-Tex C-T Adapter, Can-Tex Industries, Cannelton, Indiana; or Fernco Adapter by Fernco Joint Sealer Company, Ferndale, Michigan. B. PVC (Polyvinyl-Chloride) Sewer Pipe Not used. C. Polyethylene (PE) Sewer Pipe 1. Pipe a. Polyethylene pipe shall be manufactured from virgin polyethylene resins conforming to Type III, Class C, Category 5, Grade P34 polyethylene as defined in ASTM D 1248. Minimum cell classifications of the polyethylene material shall be 335433C as referenced in ASTM D 3350. b. For determination of minimum wall thickness, the maximum allowable deflection is 5 percent, with the pipe installed in accordance with these Specifications. Calculations shall be based on backfill material of 130 pound per cubic foot, H-20 live load plus 50 percent impact and no internal pressure. The live load and impact may be disregarded for trenches with 8 feet or more cover. Hydrostatic loading shall be considered when the pipe is to be installed below permanent water table. The pipe manufacturer shall furnish calculations to verify the pipe wall thickness for these various conditions for the ENGINEER'S review before the materials are sent to the job site. c. No cracks, holes, foreign materials, blisters or other deleterious faults are permitted in the polyethylene pipe. It shall be homogeneous throughout including the heat fused joint. Polyethylene pipe will not be installed containing gouges or cuts that penetrate more than 10 percent of the wall thickness. d. Each length of polyethylene pipe shall be marked containing the manufacturer's name, pipe size and other data, as required by ASTM D 3350 to enable an accurate tracing of the raw material source. 2. Fittings a. Polyethylene fittings for use on this project sh all be fabricated from the same materials as specified herein for the pipe. Fittings shall meet the same quality standards as stated herein for the pipe and shall be from the same manufacturer as the pipe unless other - wise accepted by the ENGINEER. b. Branch fittings for lateral pipes shall be made using wye or tee branches. Sidewall fused connections using pipe manufacturer's 689-19-01 (10/19) 02700-3 recommended procedures are also acceptable. Saddle type branches for use on new polyethylene sewer lines will not be allowed. 3. Joints a. Polyethylene pipe shall be joined by the heat fusion process. The pipe and joint (butt or sidewall fusion) shall be leakproof and all fusion must be performed by personnel trained by the pipe sup- plier or otherwise equally qualified person, as determined by the ENGINEER. b. The fusion equipment shall have hydraulic controls and gauges for monitoring the fusion pressures and temperatures. The equipment shall have a motor powered facing unit to trim the irregularities of the pipe ends and an electrically or gas-fired heated and thermostatically controlled heater plate capable of producing fusion temperatures as recommended by the pipe manufacturer for the particular polyethylene extrusion used on the project. c. Threaded or solvent weld joints and connections are not permitted. The manufacturer's standard adapters shall be used to connect polyethylene pipe to other types of non -pressure pipe. d. Where joints must be made in the ditch, and conditions are such that use of the fusion machine is impossible, a stainless steel coupling may be used, if accepted by the ENGINEER. e. Where pipe enters manholes, the pipe manufacturer shall certify that their pipe is compatible with the watertight, flexible seal to be used at manhole openings and that their combined use will produce a flexible watertight installation. D. Ductile Iron Sewer Pipe E. Reinforced Concrete Drain Pipe 1. Pipe a. Reinforced concrete drain pipe shall comply with ASTM Designation C 76. Pipe shall conform to standard strength classification, Classes II, III, IV and V for wall “B” design per ASTM C 76. The coarse aggregate shall be crushed limestone only. The pipe shall be bell and spigot configuration. b. The basis for acceptance of the reinforced concrete pipe for use on this Project shall be as stated in ASTM C 76, paragraph 5.1.2. c. Pipe dimensions, wall thickness, variations of dimensions, finish, repairs, rejection and marking shall be per paragraphs 11 through 13 and tables 1 through 5 of ASTM C 76. 689-19-01 (10/19) 02700-4 2. Fittings a. Tee branches shall be furnished with the connection or connections of the size or sizes specified, securely and completely fastened in the process of the manufacture to the barrel of the pipes. Tee branches shall have their axis perpendicular to the longitudinal axis of the pipe. All branches shall terminate in sockets and the barrel of the branch shall be of sufficient length to permit making a proper joint where connecting pie is inserted in the branch socket. 3. Joints a. The material used for sealing the joints of reinforced concrete pipe shall be asphalt mastic compound meeting the requirements of Section 807.02.04 of the North Carolina Department of Transportation Specifications for Road and Bridge Construction. The sealing material shall be a smooth, uniform mixture of asphalt cement, solvent and mineral filler. The mineral filler shall consist essentially of cellulose fiber. The compound shall be applied by trowel or caulking gun without pulling or drawing and shall not sag or flow when applied to the surface. b. The compound shall be capable of withstanding freezing and shall not exhibit a tendency to separate or deteriorate while in storage. When cured, the compound shall set to a tough, plastic coating without shrinking, cracking or loosening from the surface. c. In addition, the material shall comply with the test conditions and requirements of the following table: TABLE 1.01 Min. Max. Grease Cone Penetration (ASTM D 217, Unworked, 150 gm, 77F, 5 Sec.) 0.10mm 175 250 Weight per Gallons, Lbs. 9.75 - Non-Volatile (10 gm, 221F - 230F, 24 hrs.), percent 75 - Ash (by ignition), percent 25 45 d. The CONTRACTOR shall submit sufficient copies of literature of the sealing material proposed for use for the ENGINEER'S review and acceptance to permit the ENGINEER to retain 3 copies. 689-19-01 (10/19) 02700-5 F. Corrugated Steel Drain Pipe Not used G. Underdrain Pipe 1. Pipe a. Underdrain pipe and fittings shall be of the sizes, with and without perforations, as indicated on the Drawings. b. Pipe shall be polyvinyl chloride (PVC) pipe, Type S, as follows: (1) Smooth—Conform to ASTM D 1785 for Schedule 40, or ASTM D 2241 for SDR-17. (2) Ribbed—Conform to ASTM F 794 for Series 46. (3) Corrugated—Conform to ASTM F949. c. Manufacturer shall certify to ASTM requirements. 2. Fittings and Couplings a. Couplings for perforated pipe shall be the flexible plastic type and couplings for unperforated pipe shall be watertight, standard couplings with solid rubber rings. All fittings and couplings shall be as recommended by pipe manufacturer. 2.03 SOURCE QUALITY CONTROL A. PVC Polyvinyl-Chloride Sewer Pipe 1. Pipe shall be tested and inspected at the factory and inspected at the job site. Testing shall be accomplished in conformance with the following ASTM specifications utilizing the test methods specified therein: Dimensions ASTM D 3034 or ASTM F 679 and D 2122 Extrusion Quality ASTM D 2152 Pipe Stiffness (5%) ASTM D 2412 Impact Resistance ASTM D 2444 2. In addition, a typical joint assembly, both gasket type joint and solvent weld joint, shall be tested by a qualified independent laboratory per test requirements of ASTM D 3212. The manufacturer shall submit through the CONTRACTOR sufficient copies of certification and test results for each lot of material represented by shipment to the job site that will permit the ENGINEER to retain 3 copies. 689-19-01 (10/19) 02700-6 B. Polyethylene (PE) Sewer Pipe 1. All polyethylene pipe and materials shall be tested by the manufacturer of the pipe using the following referenced ASTM methods and procedures: Density ASTM D 1505 Flow Rate ASTM D 1238 Flexural Modules ASTM D 790 Tensile Strength ASTM D 638 Stress Crack Resistance ASTM D 1693 Hydrostatic Design Basis ASTM D 2837 Thermal Stability ASTM D 3350 Carbon Black Content ASTM D 1603 2. Results of tests on the raw materials and the polyethylene pipe shall be furnished along with catalogs and other descriptive literature, in sufficient copies for the ENGINEER'S review before the materials are sent to the job site that will permit the ENGINEER to retain 3 copies. 3. Polyethylene pipe and fittings may be rejected for failure to meet any of the requirements of this specification. C. Ductile Iron Pipe (Mechanical Joint and Rubber Slip Joint Type) Not used. PART 3 EXECUTION 3.01 TRENCH EXCAVATION - SEWER AND DRAIN PIPE A. General 1. All excavation shall be open trenches, except where the Drawings call for tunneling, boring or jacking under structures, railroads, sidewalks, roads or highways. B. Trees and Shrubs 1. Trenching shall include all clearing and grubbing, including all weeds, briars, trees and stumps encountered in the trenching, regardless of size. The CONTRACTOR shall dispose of any such material by burning, burial or hauling away or as noted on the Drawings, at no extra cost to the OWNER. Ornamental shrubs, hedges and small trees (3 inches in diameter or less) shall be removed, protected and replanted, at no extra cost to the OWNER. 2. Where pipelines run through wooded terrain, cutting of trees within limits of maximum permissible trench widths, as set forth in this article, will be permitted. However, cutting of additional trees on sides of trench to accommodate operating of trenching machine will not be permitted. The CONTRACTOR shall obtain specific permission of the OWNER before cutting any tree larger than 4 inches in diameter. 689-19-01 (10/19) 02700-7 C. Highways, Streets and Railroads 1. Trenching also includes such items as railroad, street, road, sidewalk, pipe, small creek crossings, cutting, moving or repairing damage to fences, poles or gates and other surface structures, regardless of whether shown on the Drawings. 2. The CONTRACTOR shall so coordinate his work as to produce a minimum of interference with normal t raffic on highways and streets. He may, with the approval of the governing agency, close a street to traffic for such length of time considered necessary, provided persons occupying property abutting the street have an alternate route of access to the property which is suitable for their needs during the time of closure. It shall be the responsibility of the CONTRACTOR to give 24 hours advance notice to fire and police departments and to occupants of a street which will be closed, in a manner approved by the governing body. 3. Where located within city streets and/or roads, t he opening of more than 200 feet of trench ahead of pipe laying and more than 100 feet of open ditch left behind pipe laying, before backfilling, will not be permitted, except upon written consent of the OWNER. Where located outside roadway or parking areas, longer distances for opening and closure may be allowed provided the longer distance does not affect the safety of the general public. No trench shall be left open or work stopped on same for a considerable length of time. In case of objectionable delay trench shall be refilled according to backfill specifications. 4. Construction equipment will not be approved for use where treads are injurious to paving encountered. Curbs, sidewalks, and other structures shall be protected by the CONTRACTOR from damage by his construction equipment. 5. In case of damage to any existing structures, repair and restoration shall be made at once and backfill shall not be replaced until this is done. In all cases, restoration and repair shall be such that the damaged structure will be in as good condition and serve its purpose as completely as before, and such restoration and repair shall be done without extra charge, except as set forth under the applicable provisions of the General Conditions. 6. Where trenching is cut through paving which does not crumble on the edges, trench edge shall be cut to at least 2 inches deep to straight and neat edges, before excavation is started, and care taken to preserve the edge to facilitate neat repaving. 7. The CONTRACTOR shall maintain road crossings in a passable condition for traffic until the final acceptance of the work, being paid only by unit price for crushed rock used, within limitations as hereinafter specified. 8. Railroad company and Department of Highways requirements in regard to trenching, tunneling, boring and jacking shall take precedence over the 689-19-01 (10/19) 02700-8 foregoing general specifications and the following tunneling and boring or jacking specifications, where they are involved. Where work is within railroad right-of-way, Railroad Protective Insurance shall be carried by the CONTRACTOR in the amounts required by the Railroad Company. 9. The insurance policy shall name the railroad as the insured and the original policy shall be delivered to the railroad after submitting same to the OWNER for review. The cost of flagmen required by the railroad and/or highway departments shall be paid by the CONTRACTOR. D. Existing Utilities 1. The CONTRACTOR shall determine, as far as possible in advance, the location of all existing sewer, culvert, drain, water, electric, telephone conduits, gas pipes, and other subsurface structures and avoid disturbing same in opening his trenches. In case of sewer, water and gas services and other facilities easily damaged by machine trenching, same shall be uncovered without damage ahead of trenching machine and left intact or removed without permanent damage ahead of trenching and restored immediately after machine has passed, without extra cost to the OWNER. The CONTRACTOR shall protect such existing facilities, including power and telephone poles and guy wires, against danger or damage while pipeline is being constructed and backfilled, or from damage due to settlement of his backfill. It shall be the responsibility of the CONTRACTOR to inform the customers of utilities of disruption of any utility service as soon as it is known that it has been or will be cut off. 2. Where there is the possibility of damage to existing utility lines by trenching machine, the CONTRACTOR shall make hand search excavation ahead of machine trenching, to uncover same, at no extra cost to the OWNER. Hand trenching is required, at no extra payment, where undue damage would be caused to existing structures and utilities by machine trenching. 3. The work of uncovering and backfilling required for locating existing sewers, water lines and other existing facilities for connection of improvements or avoidance in location of proposed pipeline, where such uncovering and backfilling is not within trench for improvements, shall be paid for at a price per cubic yard for such excavation actually removed and backfilled under item for "Search or Extra Depth Trench Excavation." Such payment does not include uncovering existing utility lines for their protection during or after trenching operations for the proposed pipeline. E. Location of Proposed Pipelines 1. The location of pipelines and their appurtenances, as shown on the Drawings, are those intended for the final construction. However, conditions may present themselves before construction on any line is started that would indicate desirable changes in location. Also, develop- ment of property traversed may require location changes. In such cases, the OWNER reserves the right to make reasonable changes in line and 689-19-01 (10/19) 02700-9 structure locations without extra cost, except as may be determined by the application of the unit prices bid to the quantities actually involved. The OWNER is under no obligation to locate pipelines so they can be excavated by machine. F. Construction Stake-out 1. The ENGINEER will provide geometric base data for the CONTRACTOR’S use in locating sewers and facilities in the design location. The locations for vertical control (benchmarks) are shown on the Drawings with elevation and description duly noted. Each manhole, pumping station wetwell, or other notable sewage system component shall have the coordinates shown at the individual location or listed with the General Notes of the Drawings. It shall be the CONTRACTOR’S responsibility to locate the new facilities in their intended position using survey grade GPS survey equipment. It should also be the CONTRACTOR’S responsibility to provide offset hubs at each manhole or such reference points as may be required to maintain the location of each new installation. 2. Where the CONTRACTOR elects to use grades (batter) boards for sewer construction, offset line and grade stakes shall be set and cut sheets prepared before trenching work is started. All stake -out work and cut sheet preparation shall be accomplished by the CONTRACTOR, the ENGINEER being responsible for review and checking the finished cut sheets. The CONTRACTOR shall provide all material, equipment, and labor for all stake-out work. Cut sheets, where required, shall be prepared on forms supplied by the ENGINEER (HKB Form RPR-4). G. Trench Requirements 1. All trenches must be dug neatly to lines and grades as shown on the Drawings, as established in the field and/or as established on the cut sheets. Trenches shall be of sufficient width to properly assemble or bolt joints. 2. Trenching shall be completed between one grade control point and the next in advance of the laying of pipe, where pipes, culverts, or other structures may be encountered whose grade cannot reasonably be determined ahead of trenching. Should the CONTRACTOR lay pipe closer to the opening of trench ahead, he shall bear cost of any removal and relaying which may be required to avoid location conflict. 3. The extra cost of trenching in difficult locations, such as stream, railroad or highway crossing, if not covered by other Contract unit prices, shall be included in the unit price for furnishing, laying, trenching and backfilling. 4. Where grade (batter) boards are used to establish finish grade, they shall be set by the CONTRACTOR, with at least 3 boards set at all times where installation is in progress. These will be set each 25 feet or less and will be set perpendicular to and spanning the centerline of the trench, such that the grade string is in the vertical plane of the pipe flow line. Grade 689-19-01 (10/19) 02700-10 boards shall be supported by stakes driven firmly on each side of the trench, unless otherwise acceptable to the ENGINEER. Where laser beam equipment is used, the setup shall be per the laser manufacturer's instructions and/or the permission of the ENGINEER. 5. Grades shown on the Drawings and/or profiles, cut sheets and offset stakes are the elevations of the invert of the pipe in all cases and excavation in open trench or tunnel must be made of sufficient depth to take care of required bedding of pipe and bells below these lines. [OPTION 2 - CONTRACTS WITH UNCLASSIFIED EXCAVATION] 1. No additional compensation will be allowed for the extra depth trenching so required below invert. 2. Where bottoms of trench for 6-inch through 16-inch size pipe are in or on solid rock or where concrete cradle or arch is to be used, trenches or tunnels shall be dug to a depth of at least 6 inches below bottom of barrel of pipe. Where in earth, they shall be dug to at least 4 inches below bottoms of pipe barrels and bells. 3. In pipe sizes 18-inch through 72-inch, the trench shall be dug to a depth of 1/4 of the outside diameter of the pipe below the bottom of the pipe barrel in earth or solid rock subgrade, with a maximum of 9 inches, and a minimum of 6 inches. This requirement shall also apply where concrete arch or cradle is used to protect the pipe. 4. When trench or tunnel is dug below required grade, the pipe must be brought to grade by filling with crushed rock for pipe bedding as specified in this Section 02700 of these Specifications, at the CONTRACTOR'S expense. Fill for pipe support shall not be made with material excavated from trench. I. Excavation Unclassified 1. Excavation for pipelines shall be unclassified and the cost of all excavation of whatever nature and state, including solid rock, shall be included in the CONTRACTOR'S unit price bid for furnishing, trenching, laying and backfilling the pipe. 2. Excavation for structures such as manholes, pump stations, and vaults is likewise unclassified and the cost of all excavation of whatever nature and state, including solid rock, shall be included in the CONTRACTOR'S lump sum or unit price bid, as the case may be. 3. Solid rock is defined as materials of one-third cubic yard or more in one location (in a native state or concrete) that rings under the hammer which cannot be removed economically without the use of explosives. Paving removal is excluded; also shale rock. 4. In the event the ENGINEER finds it necessary to specifically order mechanical removal of solid rock, it will be measured by the cubic yard 689-19-01 (10/19) 02700-11 for such materials actually removed limited in depth to required depths of bedding below outside of pipe barrel and in width to the following dimensions: TABLE 3.01 For 6" Pipe 2'-6" For 15" Pipe 2'-10" For 27" Pipe 4'-0" For 8" Pipe 2'-9" For 16" Pipe 2'-11" For 30" Pipe 4'-4" For 10" Pipe 2'-9" For 18" Pipe 3'-2" For 33" Pipe 4'-7" For 12" Pipe 2'-9" For 20" Pipe 3'-5" For 36" Pipe 5'-6" For 14" Pipe 2'-9" For 21" Pipe 3'-6" For 42" Pipe 6'-0" For 24" Pipe 3'-8" For 48" Pipe 6'-6" For 54" Pipe 7'-0" 5. Mechanical removal of solid rock is defined as solid rock in its native state which is ordered to be fractured and broken up for removal by hand tools and/or hand held power or pneumatic tools to provide protection of utilities, structures, etc. which might otherwise be subject to damage by conventional drilling and shooting or heavy excavating equipment. 6. Payment for mechanical removal will not be authorized for solid rock excavation which is accomplished by drilling and shooting or by crawler or wheel mounted excavators, trenching machine, and similar equipment. H. Dewatering of Trenches 1. Dewatering of trenches shall be considered a part of trenching, at no extra cost to the OWNER. Dewatering of trenches shall include ground- water and storm or sanitary sewage. Suitable pumping and other dewatering equipment is to be provided by the CONTRACTOR, to insure the installation of the pipeline structure in a dewatered trench and under the proper conditions. Dewatering shall include all practical means available for prevention of surface runoff into trenches and scouring against newly laid pipe. 2. Piles of excavated materials shall be trenched or temporarily piped to prevent, as far as practical, blockage of drainage ditches and gutters, and water carriage of excavated materials over street and highway surfaces. 3. Where subgrade of trench has insufficient stability to support the pipeline and hold it to its original grade, the ENGINEER may order stabilization by various means. Exclusive of dewatering normally required for construction and instability caused by neglect of the CONTRACTOR, it 689-19-01 (10/19) 02700-12 shall be paid for at unit prices set up in the Contract, such as extra excavation, crushed rock for pipe bedding, concrete cradle or piling. 3.02 LAYING SEWER PIPE A. General 1. Checking of Pipe a. The selection of pipe strength class shall be based on earth weight of 130 pounds per cubic foot and a safety factory of 1.50. b. All pipe and fittings must be tested for uniform diameter, straightness and defects by the CONTRACTOR before being lowered into trench, and rejected pipe marked in a way not to impair its value. Rejected pipe must be separated from accepted pipe and removed from the project. The ENGINEER will make periodic observations of pipe in storage and/or incorporated into the work. Pipe found defective, not meeting Specifications, or improperly installed shall be rejected and replaced. 2. Alignment and Grade a. All pipe, after being inspected and accepted, shall be laid to correspond with lines and grades staked out by the CONTRACTOR. All sewer lines shall be laid to constant grades between invert elevations shown on the Drawings. Grades shown on the Drawings are invert of pipe and NOT trench subgrade. The pipe lengths shall be fitted together and matched, so that they will form a sewer with a smooth and uniform invert, visible as a full circle from manhole to manhole, except in special cases where curved sewer lines are planned. 3. Unstable Subgrade a. In wet, yielding, and mucky locations where pipe is in danger of sinking below grade or floating out of grade or line, or where backfill materials are of such a fluid nature that such movements of pipe might take place during the placing of the backfill, the pipe must be weighted or secured permanently in place by such means as will prove effective. If crushed rock fill is necessary, it will be paid for per ton of such material used, except in cases where instability is caused by neglect of the CONTRACTOR. 4. Control of Quantities Laid a. Laying of pipe may be held up by the ENGINEER until trench has progressed far enough ahead to remove the possibility of having to change grade or alignment on account of other structures, pipelines or conduits. 689-19-01 (10/19) 02700-13 b. Unless permitted or directed, not less than 100 feet of pipe shall be laid at one operation except for the following reasons: (1) Street and railroad crossings. (2) Wet caving trenches. (3) Business houses or institutions damaged by prolonged disconnection from street. (4) Less than 100 feet distance between manholes or pipe control sections. 5. Bedding of Pipe a. Six-inch through 16-inch pipe shall be laid with bottom quadrant of barrel and bells of pipe bedded in at least 4-inch depth of crushed stone when on earth subgrade and in at least 6-inch depth of crushed stone, below the bottom of the barrel of pipe when on solid rock subgrade. Stone for bedding of 6 inch through 16-inch pipe shall be North Carolina Department of Transportation Size 9 crushed rock as specified in Section 02235 of these Specifications, spaded into place. It shall be included in price for furnishing and laying pipe. Payment for the extra stone required for bedding pipe in solid rock for 6-inch through 16-inch pipe shall be included in the price bid for solid rock excavation in the case of classified excavation and in the price bid for trenching and backfilling in the case of unclassified excavation. b. In case of pipe sizes 18-inch through 72-inch in both earth and solid rock trench, the subgrade shall be shaped to provide for a crushed stone pad, North Carolina Department of Transportation Size 9, for a depth under the pipe barrel at least 1/4 the outside diameter of the pipe, with a minimum of 6-inch depth and a maximum of 9-inch depth. The bedding material shall be thoroughly spaded into place, in order to give a uniform bearing for at least the bottom quadrant of the pipe. Payment for such bedding shall be included in the price paid for trenching and backfilling or laying, even when in or on solid rock. c. For PVC or polyethylene pipe, alternate bedding materials will be allowed with permission of the ENGINEER. In order to qualify for use with sewer pipes of these compositions, the bedding material must be of the type of material delineated as Class IA embedment materials per Table 1 of ASTM D 2321, namely, coral, slag, cinders, crushed stone or crushed shells. The alternate bedding materials must also be of the same gradation of the crushed stone previously specified, namely, North Carolina Department of Transportation Size 9. The crushed stone previously specified shall be used for all other piping materials. 689-19-01 (10/19) 02700-14 d. No filling of trench with earth to bring pipe to grade will be permitted. If trenches are dug too deep, they must be brought to grade and supported by crushed rock for pipe bedding (No. 9) as specified in Section 02235 of these Specifications at the CONTRACTOR'S expense. No pipe shall be laid in the trench until the subgrade is inspected and found correct. 6. Laying of Pipe (Mains) a. Laying crew foreman shall direct subgrade preparation and plumbing and leveling invert of pipe to grade and line, t he pipe layer following his directions in placing the pipe. The pipe layer will be responsible for pipe bedding, cleaning joint, proper placement of joint annular ring or gasket, tight jointing and homing pipe, securing pipe against settlement or other movement, and inspecting and swabbing out any jointing material from inside of pipe. b. No joints will be accepted that show leakage and, after backfilling and inspection, any joints are found that are allowing groundwater to enter the sewer must be excavated and repaired. c. Plugs in branch fittings to future building sewers shall be protected from excavators by the method as shown on the Drawings for protecting the ends of laterals and shall be so constructed and joined in bell of pipe that the y will be watertight, yet removable without breaking the bell or coupling when re- moved. 7. Laying of Branch Pipes and Laterals a. Branch pipes shall be laid to serve the abutting property at points to be designated by the ENGINEER. Such pipes shall be connected to sewer main through tees or Y-branches of size of running sewer barrel and 6-inch side opening, with 6-inch 30 degree or 45 degree bends. Branch fittings in sewer and the connected bend, shall be supported from bottom of trench per standard details shown on Drawings. b. At locations where the sewer is within street or road rights-of-way, house lateral pipes shall be laid to the property line or right -of-way line. c. At locations where the sewer is within easement obtained by the OWNER, house lateral pipes shall be laid to the permanent easement line. d. Branch tees or wyes for house laterals will be located during construction, regardless of where shown on the Drawings. House lateral location shall be at the convenience of the property owner or as directed by the OWNER and/or ENGINEER. 689-19-01 (10/19) 02700-15 e. The end openings of house laterals shall be plugged with appropriate watertight plugs of permanent materials in the bell of the sewer lateral, removable without breakage of the pipe bell. Dead ends of sewers shall be plugged similarly. f. Under normal conditions, where elevations are not critical, branch service sewers to customers shall be laid on not less than .01 foot per foot of length grade. Where elevations are critical, minimum grade shall be .005 foot per foot laid with batter boards or laser, same as specified for street sewers. g. In the case of deep sewers, branch pipes may be brought up to a depth of approximately 5 feet below ground level with suitable bends and sewer pipe. These pipes shall be laid on a slant out side sewer trench, so they will be supported on original earth and not dragged down and cracked by backfill settlement. h. In case of deep sewers in rock or narrow places, branch pipes shall be of cast iron soil pipe installed vertically per standard details of Drawings, with branch fittings in sewer main encased in Class 2,500 concrete. Payment for such concrete and forms above wye or tee branch shall be at the price bid per encasement. i. All lateral sewers and branch pipes installed on this Contract shall have a detectable mylar tape placed in the backfill over and running with the lateral sewer. The tape shall be readily detectable employing the same type metal locators as used for t he location of metal pipelines. The tape shall be bright orange in color and have the words, "Caution, Se wer Line Below" printed on it. The tape shall be installed as shown on the standard details of the Drawings. j. The tape shall be Type II, Detectable Mylar Marking Tape as manufactured by Line Guard, Inc. or equal. The cost of purchase and placement of the marking tape shall be included in the CONTRACTOR'S unit price bid for the lateral pipe and fittings. 8. Protection of Pipe in Trench a. No walking upon the completed pipelines will be permitted until trench has been backfilled to a depth of at least 6 inches over the top of the pipe. The interior of the pipe shall, as the work progresses, be cleaned of all dirt, jointing materials, and superfluous materials of every description. When laying of pipe is stopped for any reason, the exposed end of such pipe shall be closed with a suitable plug fitted into the pipe bell, so as to exclude earth and other material, precautions being taken to prevent flotation of pipe by runoff into trench. 9. Observation of Pipeline 689-19-01 (10/19) 02700-16 a. No backfilling (except for securing pipe in place) over pipe will be allowed until the ENGINEER has had an opportunity to observe the joints, alignment and grade, in the section laid, but such observation shall not relieve the CONTRACTOR of further liability in case of defects occurring during or after placement of backfill. 3.03 LAYING DRAIN PIPE A. General 1. All general requirements hereinbefore stated pertaining to the installation of sewer pipe Article 3.02 of this Section 02700 shall also apply to the installation of drain pipe and storm sewers. Exceptions to these general requirements are as follows: a. Article 3.02.A.7, pertaining to branch pipes and laterals. b. Article 3.02.A.8, pertaining to connection of pipe to manholes or structures - the fabricated boot for connection of sewer pipe to manholes will not be required for connection of drain pipe to manholes or other drainage structures. B. Reinforced Concrete Drain Pipe 1. Installation of reinforced concrete drain pipe shall be per the previously stated instructions for installation of large diameter ductile iron or PVC sewer pipe, except that joints shall be sealed with mastic joint compound. Where reinforced concrete drain pipe is to be installed in an embankment area with "negative projection" trench condition, class of pipe, bedding and reinforcement shall be as shown on the Drawings. 2. Prior to applying the mastic joint compound, the complete surfaces of the bell and spigot shall be cleaned and primed with a primer recommended by the manufacturer of the mastic joint compound or with an approved emulsified asphalt. The mastic material shall then be applied to the bottom half of the bell and top half of the spigot ends of the pipes to be joined in such volume that when the joints are pulled tight, the joint compound will be extruded from the joint on both the inside and outside of the pipe. The excess material shall then be wiped or scraped away to provide a smooth, flush joint. C. Corrugated Metal Drain Pipe Not used. 3.04 TRENCH BACKFILL - SEWER AND DRAIN PIPE A. General 1. Excavated materials from trenches and tunnels, in excess of quantity required for trench backfill, shall be disposed of by the CONTRACTOR. It shall be the responsibility of the CONTRACTOR to obtain location or 689-19-01 (10/19) 02700-17 permits for its disposal. Unit prices for furnishing and laying pipe, which includes trench excavation, tunneling, and backfill, shall include the cost of disposition of excess excavated materials, as set forth herein, with no additional compensation being allowed for hauling. 2. No extra charge shall be made for backfilling of any kind, except as herein specified. Backfilling shall be included as a part of the price for furnishing, laying, trenching, and backfilling. No extra charge shall be made for supplying outside materials for backfill except where fills above existing ground are necessary and payment is designated on the Drawings or in the Specifications. If backfilling of the trench or surface restoration is not properly completed, a proportionate part of the unit price for furnishing, laying, trenching, and backfilling shall be retained from payment estimates. 3. Railroad company and Department of Highways requirements in regard to backfilling will take precedence over the above general Specifications where they are involved. 4. Mechanical tamping, where required by the ENGINEER in locations other than those specifically designated herein, shall be paid for per unit price bid for mechanical tamping. 5. Before completion of the Contract, all backfills shall be reshaped, holes filled, surplus materials hauled away, all permanent walks, street, driveways, highway paving replaced, and all sodding, seeding, and planting work performed. B. Haunching 1. Upon completion of bedding and laying the sewer or drain pipe, the CONTRACTOR shall place crushed rock, North Carolina Department of Transportation Size 9 dependent on size of pipe, or the same material used for pipe bedding on both sides simultaneously to the top of the pipe. This material shall be hand placed using shovel or other satisfactory tool to work the haunching material completely under the bottom quadrant and around the sides of the pipe to assure the maintenance of alignment of the pipe. No compaction of this material is required other than that obtained by the workmen walking on the material during placement. 2. The haunching material is required for all sewer or drain pipe installed in open trenches except where concrete pipe arch is required, in which case the haunching material is required to the bottom of the arch. Where concrete cradle is required, the haunching material shall be placed from top of cradle to top of pipe. 3. The cost of furnishing and placement of the haunching material shall be included in the CONTRACTOR'S bid for furnishing and laying the pipe. C. Initial Backfill 689-19-01 (10/19) 02700-18 1. Upon completion of the haunching material to the top of the pipe, initial backfill shall be placed as hereby specified. This material shall serve as protection for the top of pipe reducing the possibility of damage to the pipe during the placement of backfill for the remainder of the trench depth. 2. When sewer or drain pipe is located outside traffic areas, the initial backfill material shall be crushed rock (North Carolina Department of Transportation No. 9) placed above the pipe to the level hereinafter stated. 3. When the sewer or drain pipe is located within traffic areas, the initial backfill shall be crushed rock, or the material used for bedding and haunching the pipe, of the same gradation of the pipe bedding material. Other alternate materials may be used only with the specific written permission of the ENGINEER when the work is located inside traffic areas. 4. The initial backfill material is required over sewer and drain pipe in all open trenches. The cost of the initial backfill material and placement of same shall be included in the CONTRACTOR'S bid for furnishing, laying, trenching and backfilling. D. Final Backfill 1. Outside Traffic Areas a. After the above specified initial backfill is hand placed, rock may be used in machine placed backfill in pieces no larger than 8 inches in any dimension and to an extent not greater than one-half the volume of the backfill materials required to backfill trench. Larger rock fill will be allowed in wide trenches where side slopes are low enough to prevent rock from dropping over pipe- line. If additional earth is required, it must be obtained and placed by the CONTRACTOR. Filling with rock and earth shall proceed simultaneously, in order that all voids or pockets, created by rock backfill, may be filled with earth. Machine backfilling may be employed with tamping, except as hereinafter restricted, provided caution is used in quantity per dump and in uniformity of level of backfilling. Backfill material must be uniformly ridged over trench, and excess hauled away, with no excavated rock over 1/2-inch diameter or pockets of crushed rock or gravel in top 12 inches of backfill, the top 12 inches reserved for topsoil or material more suited to sustain surface growt h. Ridged backfill shall be confined to the width of the trench and not allowed to overlap onto firm original earth, and its height shall not be in excess of that required to provide for settlement of backfill. 2. Inside Traffic Areas a. Where sewer and drain pipe is located in street, highway, railroad, sidewalk and driveway crossings or within any roadway paving, or 689-19-01 (10/19) 02700-19 about manholes, valve and meter boxes located in such paving, fill trench to within 6 inches of the surface with North Carolina Department of Transportation No. 9 crushed stone, or other gradation acceptable to the ENGINEER. In order to accommodate compacted temporary surfacing it may be necessary to bulkhead or otherwise confine the stone fill at the open end of the trench. E. Cleanup and Temporary Surfacing 1. General a. Immediately following the placement of final ba ckfill, all rock and debris, including crushed rock or gravel from construction operations, shall be removed from yards and fields. Streets, drives and walks shall be broomed to remove all earth and loose rock. The cleaning of streets, drives, and walks shall be of such extent to hold dust to a minimum. Loose earth and rock shall in no case be swept or washed into storm sewers or drains as a method of removal, all such material being loaded and hauled away from the site. b. If acceptable cleanup operations are not completed within an acceptable period of time after the completion of final backfilling, a proportionate part of the price bid for trenching and backfilling shall be retained from partial payment estimates until acceptable cleanup is completed. 2. Temporary Surface Cover - Unpaved Areas a. Upon completion of acceptable cleanup work, the ground surface shall be prepared for temporary seed, permanent seed or sod per the requirements of Section 02930 of these Specifications. 3. Temporary Surface Replacement - Paved Areas a. Temporary surfacing of street, highway, railroad, sidewalk and driveway crossings, or within any roadway paving, or about manholes, valve and meter boxes located in such paving, shall consist of 6 inches compacted aggregate base course as specified under Section 02235 for temporary walkway or road surfacing, placed and compacted in the trench. Compaction shall be accomplished by methods which shall be sufficient to confine stone to the trench under normal traffic. Backfills shall be maintained easily passable to traffic at original paving level until acceptance of project or replacement of paving or sidewalks. The amount of crushed stone placed shall be paid for at the unit price per ton as shown in Section 02700 herein, titled "BASIS OF PAYMENT." No payment will be made for crushed rock surfacing required as a result of unnecessarily wide trenches, omission of sheeting and shoring, or damage by the CONTRACTOR'S equipment, or for maintenance of surface level. 689-19-01 (10/19) 02700-20 b. After the initial placement of the 6-inch depth of temporary surfacing, the CONTRACTOR shall be required to maintain the temporary surfacing to street or road surface level at no additional cost to the OWNER. This requirement shall continue until the replacement of permanent surfacing. F. Drains and Storm Sewers 1. It is not the intent herein that drains and storm sewers shall be constructed watertight. If, however, groundwater flows are observed in the pipeline in fairly large quantities, the ENGINEER may require infiltration tests, as herein specified, to be completed in order to determine the amount of groundwater entering the completed pipeline. Should leakage result in a volume flow exceeding 500 gallons per inch diameter per mile of pipe per 24 hours, the CONTRACTOR shall be required to locate and repair leaks occurring in the system. 2. Culverts and cross drains shall be inspected visually for groundwater leakage. 3.05 BASIS OF PAYMENT A. Excavation and Backfilling 1. Trenching and Backfilling a. Unit Price Contracts (1) On unit price Contracts, payment for trenching and backfilling shall be included in the price bid for furnishing, laying, trenching and backfilling sewer and/or drain pipe. (2) Where sewer lines and/or drain pipes are installed in bores or tunnels, no payment will be made for separate trench and backfill unit price items for the length of pipe installed in the tunnel or bore. (3) Where pipe is installed on piers no payment will be made for separate trench and backfill unit price items for the length of pipe exposed and supported by piers. b. Lump Sum Contracts (1) The CONTRACTOR'S lump sum bid shall include all costs for trenching and backfilling. 2. Solid Rock Excavation a. Classified Excavation (1) Rock excavation shall be paid for at an extra unit price per cubic yard for extra cost of its excavation over that for 689-19-01 (10/19) 02700-21 excavating earth. Therefore, its quantity will not be subtracted from earth excavation quantities. b. Unclassified Excavation (1) Excavation shall be unclassified and the cost of all excavation of whatever nature and state, including solid rock, shall be included in the CONTRACTOR'S unit price bid for each item of construction requiring excavation. 3. Search and Extra Depth Trench Excavation a. "Search" trench excavation shall be the actual measured excavation within limits as acceptable to the ENGINEER. b. "Extra Depth" trench excavation shall be the calculated yardage below the lowest point of excavation which would normally have been required for construction. c. Trench width limitations for either condition shall be as listed in the following table: For 6" Pipe 2'-6" For 15" Pipe 2'-10" For 27" Pipe 4'-0" For 8" Pipe 2'-9" For 16" Pipe 2'-11" For 30" Pipe 4'-4" For 10" Pipe 2'-9" For 18" Pipe 3'-2" For 33" Pipe 4'-9" For 12" Pipe 2'-9" For 20" Pipe 3'-5" For 36" Pipe 5'-6" For 14" Pipe 2'-9" For 21" Pipe 3'-6" For 42" Pipe 6'-0" For 24" Pipe 3'-8" For 48" Pipe 6'-6" For 54" Pipe 7'-0" d. Payment shall be by the cubic yard removed, including backfilling. 4. Mechanical Tamping a. Mechanical tamping is defined as backfill placed and compacted by power driven mechanical equipment to a greater density than can be achieved by natural settlement or hand tamping methods. Mechanical tamping will be required when ordered by the ENGINEER with payment by the cubic yard so compacted. Measurement, but not actual extent of the mechanical tamping, shall be limited by the numerical maximum allowable trench width (for each size pipe) as shown in the table listed under "Search and Extra Depth Trench." Payment for mechanical tamping shall not include the specified haunching or initial backfill required above and below the top of pipe. 689-19-01 (10/19) 02700-22 5. Crushed Rock Trench Backfill a. When crushed rock trench backfill is listed as a pay item on the Form of Proposal, payment for the crushed stone or accepted granular material will be made by the ton so placed li mited to the following calculation: (1) Maximum trench widths (W) as shown in the following table: For 6" Pipe 2'-6" For 15" Pipe 2'-10" For 27" Pipe 4'-0" For 8" Pipe 2'-9" For 16" Pipe 2'-11" For 30" Pipe 4'-4" For 10" Pipe 2'-9" For 18" Pipe 3'-2" For 33" Pipe 4'-9" For 12" Pipe 2'-9" For 20" Pipe 3'-5" For 36" Pipe 5'-6" For 14" Pipe 2'-9" For 21" Pipe 3'-6" For 42" Pipe 6'-0" For 24" Pipe 3'-8" For 48" Pipe 6'-6" For 54" Pipe 7'-0" b. Quantity for payment shall be calculated by determining the cubic yard(s) removed, including backfilling, with the following restrictions: (1) Depth (D) of cover less the previously specified initial backfill and less the top 6 inches of trench. (2) Weight (Lb/cu ft) of crushed stone or approved granular material not to exceed 100 lbs/cu ft. (3) Length (L) limited to 1 foot beyond edge of traffic area, or as directed by the ENGINEER. (4) Q(Tons) = (W x D x L x lb/cu ft)/(2000 lb/Ton) Ex: (2.5’ x 3.0’ x 12.0’ x 100 lb/cu ft)/(2000 lb/Ton) = 4.5 Tons c. When crushed rock trench backfill is NOT listed as a pay item on the Form of Proposal, the cost of same shall be incorporated in the CONTRACTOR'S bid for trenching and backfilling. B. Trench and Pipe Stabilization 1. Extra Excavation a. Extra excavation required for trench or pipe stabilization shall be paid by the cubic yard so excavated under the item "Search and/or 689-19-01 (10/19) 02700-23 Extra Depth Trench Excavation" based on the limitations for that item. 2. Crushed Stone for Trench Stabilization a. Crushed stone ordered by the ENGINEER for trench stabilization shall be paid by the ton so placed. 3. Crushed Stone for Pipe Bedding a. Additional crushed stone bedding ordered by the ENGINEER for pipe stabilization shall be paid by the ton so placed. C. Sewer and Drain Pipe and Accessories 1. Unit Price Contracts a. Sewer and Drain Pipe (1) Except where otherwise specified hereinafter, sewer and drain pipe laid shall include furnishing, laying, trenching and backfilling (all depths), and shall be paid for by the linear foot of sewer or drain line measured from center to center of manholes, transition in type of pipe, or junction fittings to ends of pipe. In case of transition of type of pipe at manhole, transition in pay will be at center of manhole. (2) Where sewer lines and/or drain pipes are installed in bores or tunnels, pipe shall be paid for by the linear foot of sewer and/or drain pipe furnished and installed, in permanent tunnel, tunnel liner, temporary tunnel, boring or jacking, and/or cover pipe. (3) Sewer lines and/or drain pipes installed on piers shall be paid for by the linear foot of sewer and drain pipe furnished and installed on piers. (4) In case of drainage structures other than manholes, measurement of pipe will end at the inside wall of the structure. b. Sewer Branch Fittings (1) Wye or tee branches for sewer laterals will be paid per each unit installed. 2. Lump Sum Contracts a. All work shall be included in the CONTRACTOR'S lump sum bid. D. Temporary Surface Replacement 689-19-01 (10/19) 02700-24 1. The amount of crushed stone placed shall be paid for at the unit price per ton up to the maximum limits of 225 pounds per linear foot of trench over which it is placed for pipe sizes through 16 inches, 300 pounds per linear foot for pipe sizes 18 through 24 inches and 400 pounds per linear foot for sizes 27 inches through 48 inches. The ENGINEER shall have control of thickness and width to be placed and paid for, and may order changes in depth and width as conditions dictate. No payment will be made for crushed rock surfacing required as a result of unnecessarily wide trenches, omission of sheeting and shoring, or damage by the CONTRACTOR'S equipment, or for maintenance of surface level. END OF SECTION *** 689-19-01 (10/19) 2780-1 SECTION 02780 PERMEABLE INTERLOCKING CONCRETE PAVEMENT PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Work consists of furnishing and installing a Permeable Interlocking Concrete Pavement (PICP) System in accordance with these specifications and in general conformance with the lines, grades, design, and dimensions shown on the plans. 2. Installation work includes: a. Verifying subgrade elevations and slope generally conform to the lines, grades, infiltration rate, density, and site conditions depicted in the construction documents; b. Furnishing and installing geotextile and/or geomembrane liner (where required), horizontal drainage piping (where required), subbase course, base course, bedding course, edge restraint, concrete pavers and permeable joint material in general conformance to the lines and grades shown on the construct ion documents. B. Related Requirements: 1. Section 02200 Earth and Rock Work 2. Section 02235 Aggregate Base Courses 3. Section 03301 Cast-In-Place Concrete 4. Section 02700 Sewer and Drain Pipe 1.2 REFERENCES A. American Society for Testing and Materials (ASTM): 1. ASTM C33 Standard Specification for Concrete Aggregates 2. ASTM C94 Standard Specification for Ready-Mixed Concrete 3. ASTM C131 Standard Test Method for Resistance to Degradation of Small-Sized Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine 4. ASTM C136 Standard Test Method for Sieve Analysis of Fine and Coarse- Grained Aggregates 5. ASTM C140 Standard Test Methods for Sampling and Testing Concrete Masonry Units and Related Units 6. ASTM C936 Standard Specification for Solid Concrete Interlocking Paving Units 7. ASTM C979 Standard Specification for Pigments for Integrally Colored Concrete 689-19-01 (10/19) 2780-2 8. ASTM C1645 Standard Test Method for Freeze-thaw and De-icing Salt Durability of Solid Interlocking Paving Units 9. ASTM C1781 Standard Test Method for Surface Infiltration Rate of Permeable Unit Pavement Systems 10. ASTM D698 Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort 11. ASTM D1557 Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort 12. ASTM D3034 Standard Specification for Type PSM Poly Vinyl Chloride (PVC) Sewer Pipe and Fittings 13. ASTM D3350 Standard Specification for Polyethylene Plastic Pipe and Fittings Materials 14. ASTM D4873 Standard Guide for Identification, Storage, and Handling of Geosynthetic Rolls and Samples 15. ASTM E2835 Standard Test Method for Measuring Deflections using a Portable Impulse Plate Load Test Device B. Interlocking Concrete Pavement Institute (ICPI) 1. Permeable Interlocking Concrete Pavement manual (latest edition) 2. Permeable Design Pro software for hydrologic and structural design 3. Tech Specs and Technical Bulletins 1.3 SUBMITTALS A. Contractor shall submit to the owner for approval a minimum of four full-size samples of each concrete paver type/size/thickness/color/finish specified. The samples shall represent the range of shape, texture, and color permitted for the respective type. Color(s) will be selected by Architect/Engineer/Landscape Architect/Owner from Manufacturer’s standard colors. B. Prior to delivery of the associated material to the sit e, the Contractor shall submit the following product-specific documentation for approval: 1. Aggregates a. Sieve analysis per ASTM C136 for subbase, base, bedding and joint aggregate materials b. Minimum 3 lb. sample of each material for independent testing. 2. Concrete Pavers: a. Test results from an independent testing laboratory for compliance to ASTM C936. b. For machine installation projects, stitching details to be used during product placement. c. Safety Data Sheets (SDS). 3. Geosynthetics a. One 18-inch x 18-inch panel of each type of geosynthetic (geotextile or geomembrane Liner) to be used for inspection and testing. The sample panels shall be uniformly rolled and shall be wrapped in plastic to protect the material from moisture and damage during shipment. Samples shall be externally tagged for easy identification. External identification shall include the name of the manufacturer; product type; product grade; lot number; and physical dimensions. b. Current National Transportation Product Evaluation Program (NTPEP) evaluation report. 689-19-01 (10/19) 2780-3 c. Safety Data Sheets (SDS). 1.4 QUALITY ASSURANCE A. Contractor Qualifications: 1. Contractor shall submit a list of five (5) previously constructed projects of similar size and magnitude prior to the bid date to be qualified. Contact names, telephone numbers, and date of completion shall be listed for each project. 2. The Contractor’s site foreman shall hold a PICP Specialist Designation from the Interlocking Concrete Pavement Institute (ICPI). The site foreman shall be onsite for the entire installation. 3. Contractor shall conform to all local, state/provincial licensing and bonding requirements. B. Mockups: Build mockups to verify selections made under submittals, to demonstrate aesthetic effects, and to set quality standards for materials and execution. 1. Install a 10 ft x 10 ft paver area following the installation practices described in Article 3.2 to 3.4. This area shall be used to verify joint sizes; lines; laying pattern(s); stitching details (for mechanical installation); color(s); and, texture of the job. 2. To provide a proper representation of color blend, blending during installation of sample mock-up will be pulled from a minimum of 3 cubes. 3. This area shall be the standard from which the work will be judged. 4. Subject to approval by the Owner, the mock-up may be retained as part of the finished work. If mock-up is not retained, remove and dispose of mock-up at the completion of the project. 1.5 DELIVERY, STORAGE, AND HANDLING A. Contractor shall coordinate delivery and paving schedule to minimize interference with normal use of buildings adjacent to paving. B. Contractor shall check all materials upon delivery to assure that the proper materials have been received and are in good condition before signing off on the manufacturer’s packing slip. C. Contractor shall protect all materials from damage or contamination due to job site conditions and in accordance with manufacturer's recommendations. Damaged or contaminated materials shall not be incorporated into the work. D. Concrete pavers shall be delivered to the site in steel banded, plastic banded, or plastic wrapped cubes capable of transfer by forklift or clamp lift. Unload and store concrete pavers at the job site in such a manner that no damage occurs to the product. E. Contractor shall handle and transport aggregates to avoid segre gation, contamination, and degradation and keep different materials sufficiently separated as to prevent mixing. The material shall not be dumped or stored 689-19-01 (10/19) 2780-4 one material on top of another unless it is part of the installation process. Materials shall be covered to prevent removal by wind. F. Geosynthetics shall be delivered, stored and handled in accordance with ASTM D4873. 1.6 ENVIRONMENTAL CONDITIONS A. Pavers shall not be installed during heavy rain, freezing conditions or snowfall. B. Pavers shall not be installed on frozen soil subgrade or aggregates. 1.7 MAINTENANCE MATERIALS A. Provide 100 square feet additional paver material for use by Owner for maintenance and repair. B. Store extra paver materials in Owner-designated location. PART 2 - PRODUCTS 2.1 PERMEABLE INTERLOCKING CONCRETE PAVERS A. Permeable Interlocking Concrete Pavers Basis-of-Design: 1. Paver Name: Aqualine 4.5” x 9” a. Thickness: 3-1/8 inches (80 mm) b. Color: Savannah c. Finish: Shot Blast d. Supplier: Local Oldcastle Supplier e. Substitutions: or approved equal B. Pavers shall meet the minimum material and physical properties set forth in ASTM C 936, Standard Specification for Interlocking Concrete Paving Units. 1. Measured length or width of test specimens shall not differ by more than +/- 0.063 in, while measured thickness shall not differ by more than +/- 0.125 in. 2. Average compressive strength of 8,000 psi (55 MPa) with no individual unit under 7,200 psi (50 MPa) when tested in accordance with ASTM C140. 3. Average absorption of 5% or less with no unit greater than 7% when tested in accordance wit h ASTM C140. 4. Freeze-thaw durable as tested in accordance with ASTM C1645. The average mass loss of all specimens tested shall not be greater than (A) 225 g/m2 when subject to 28 freeze-thaw cycles, or (b) 500 g/m2 when subject to 49 freeze-thaw cycles. Testing shall be conducted using a 3% saline solution. 5. Efflorescence shall not be a cause for rejection. 6. Pigment in Concrete Pavers shall conform to ASTM C979. 689-19-01 (10/19) 2780-5 2.2 AGGREGATE MATERIALS A. General Requirements: 1. Clean, non-plastic aggregate, free from deleterious or foreign matter, manufactured from crushed rock. Recycled aggregates shall not be used. 2. Percent of angular and sub-angular particles greater than 90%. Rounded river gravel shall not be used. 3. LA Abrasion of the aggregate used shall be less than 40 as per ASTM C131. 4. All aggregates shall be washed and have less than 2% passing the No. 200 (0.075 mm) sieve. 5. All aggregate material gradations shall be t ested in accordance with ASTM C136. B. Bedding Course/Joint Fill Material – open-graded aggregate conforming to the following gradation: Note: No. 89 or No. 9 stone may be used as joint fill material. If No. 8 stone material is not available locally, No. 89 can be used as a bedding course if choke criteria is met with underlying base aggregate. ASTM C33 size No. 8 Sieve Size Percent Passing 1/2 in. (12.5 mm) 100 3/8 in. (9.5 mm) 85 to 100 No. 4 (4.75 mm) 10 to 30 No. 8 (2.36 mm) 0 to 10 No. 16 (1.18 mm) 0 to 5 No. 200 (0.075 mm) 0 – 2 C. Base Course Material - open graded aggregate conforming to the following gradation: ASTM C33 size No. 57 Sieve Size Percent Passing 1-½ in. (37.5 mm) 100 1 in. (25 mm) 95 to 100 1/2 in. (12.5 mm) 25 to 60 3/8 in. (9.5 mm) 0 to 10 No. 4 (4.75 mm) 0 to 5 No. 200 (0.075 mm) 0 - 2 D. Subbase Course Material – open-graded aggregate conforming to the following gradation: Note: ASTM No. 3 or No. 4 may be used as subbase material if No. 2 stone in unavaila- ble locally. ASTM C33 size No. 2 689-19-01 (10/19) 2780-6 Sieve Size Percent Passing 3 in. (75 mm) 100 2- ½ in. (63 mm) 90 to 100 2 in. (50 mm) 35 to 70 1-½ in. (37.5 mm) 0 to 15 ¾ in. (19 mm) 0 to 5 No. 200 (0.075 mm) 0 – 2 2.3 EDGE RESTRAINTS A. Edge restraints shall be cast in place concrete curbs in general conformance with the specifications and dimensions in the construction document s 2.4 GEOSYNTHETICS A. Geotextile and/or geomembrane liner materials shall be selected by the Design Engineer based on the intended use. B. Only geosynthetics with a current NTPEP evaluation will be accepted. 2.5 PIPE UNDERDRAINS A. Where shown on the plans, pipe underdrains shall be perforated or slotted PVC pipe manufactured in accordance with ASTM D3034 or corrugated HDPE pipe manufactured in accordance with ASTM D3350 and comply with the requirements of Section 02700 Sewer and Drain Pipe. PART 3 - EXECUTION 3.1 PREPARATION A. Prior to commencement of any work, the Contractor shall conduct a pre - construction meeting with the Owner, Designer, and affected sub-trades. The pre-construction meeting should establish contractor responsibilities and at a minimum verify: 1. The location of the mock-up, and whether it will be part of the final construction or need to be removed. 2. The site layout is in general conformance to the construction documents. In particular, the location and elevation of discharge points (if any) of the pipe underdrains. 3. The subgrade lines and elevations are in general conformance with the construction documents. The subgrade elevations shall be within +/- 0.1 ft of the specified grades. 4. The minimum slope of subgrade shall be at least 0.5% or as specified in the design. 5. Subgrade soil conditions and grades meet the requirements in the construction documents. 6. The details of the site’s erosion and sediment control plan. 689-19-01 (10/19) 2780-7 B. Proof-roll prepared subgrade according to requirements in Section 31 20 00 Earth Moving to identify soft pockets and areas of excess yielding. Proceed with subbase installation only after deficient subgrades have been corrected. Scarify subgrade surface following any stabilization efforts before installing subbase course. C. If compaction is required in the construction documents, Contractor shall verify compaction of the subgrade is in general conformance with the construction documents prior to placing subbase materials. D. Once the Contractor has confirmed the subgrade conditions are in general conformance with the requirements in the construction documents, the Contractor shall begin installing the subbase material. By initiating installation of the subbase material, the Contractor acknowledges acceptance of the subgrade. 3.2 INSTALLATION OF SUBBASE AND BASE COURSES A. Keep the area where the pavement is to be constructed free from sediment during the entire job. Any materials contaminated with sediment shall be removed and replaced with clean material. B. Install geotextiles as required in accordance with the specifications and drawings. The geotextile is applied to the bottom and sides of the excavation with overlapping joints a minimum of 12 inches. Overlaps to be constructed to “shingle” moisture from upstream panel to downstream panel. Allow for enough geotextile to exceed the final elevation of the surface. After completion of the surface, the excess geotextile should be cut flush with the finished grade. C. Install the subbase course and base course at the thicknesses, compaction rates, surface tolerances, and elevations outlined below. 1. Place and spread the first layer of subbase without displacing or damaging the geosynthetics (if used). To prevent damage, tracked vehicles shall not be allowed directly on the geotextiles or geomembranes during the initial spreading process of the subbase layer. 2. The aggregate should be spread and compacted in uniform layers not exceeding 6-inch loose thickness. Compaction is performed using either a 10 T (10 ton) vibratory roller or a minimum 13,500 lb-f centrifugal force reversible vibratory plate compactor. For each lift, make at least two passes in the vibratory mode and at least two passes in the static mode and continue compaction until there is no visible movement in the materials. 3. At the specified elevation(s), install the pipe underdrain s in accordance with the manufacturer’s recommendations. Ensure the pipes are sloped to provide proper drainage to the outlets. Pipes shall be surrounded by a minimum of 4 inches of base course material to prevent damage during compaction. Care must be taken not to damage pipe underdrains during subsequent aggregate installation. 689-19-01 (10/19) 2780-8 4. Final subbase surface tolerance shall be plus or minus 0.1 ft over a 10- foot straight edge laid in any direction. 5. Final base surface tolerance shall be plus or minus 3/4 inch over a 10- foot straight edge laid in any direction. 6. Provide proper compaction near curbs, grade beams, concrete collars around utility structures, lights standards, tree wells, building edges and other protrusions as applicable to the project. D. Before starting to place the bedding course, the base shall be inspected and approved by the Owner or the Designer. E. Light Weight Deflectometer (LWD) for Compacted Base Aggregate Deflection Testing: 1. After three preloading drops, the maximum average deflection from three additional drops shall be no greater than 0.5 mm. 2. Conduct LWD tests on every (800 tons) of remaining area of compacted base aggregates. F. LWD Test Report shall include the following: 1. Project description. 2. Sketch of the test area and numbered test locations. 3. Aggregate type and layer thicknesses. 4. Aggregate characteristic properties: gradation, porosity, bulk density. 5. Compaction equipment type and weight. 6. Static and/or vibratory compaction. 7. Number of passes of the compaction equipment. 8. Average of three deflections for each location. 3.3 INSTALLATION OF EDGE RESTRAINTS A. All concrete edge restraints shall be constructed to dimensions and grades in general conformance with the construction documents and shall be supported on a compacted base not less than 6-inch thick and meet local requirements or the requirements of Section 32 16 13 Curbs and Gutters whichever are more restrictive. All concrete shall be in accordance with ASTM C94 requirements. 3.4 INSTALLATION OF BEDDING COURSE, PAVERS, AND JOINT MATERIAL A. Spread the bedding course evenly over the base course and screed to a nominal 2 in. thickness utilizing an approved mechanical spreader or by screed rails and boards. Do not use the bedding material to fill depressions in the base course surface. Surface tolerances shall be +/- 3/8 inch over a 10-foot straight edge. B. Ensure that concrete pavers are free of foreign material before installation. Concrete pavers shall be inspected for color distribution and all chipped, damaged, or discolored concrete pavers shall be replaced. Init iation of concrete paver placement shall be deemed to represent acceptance of the pavers. 689-19-01 (10/19) 2780-9 C. Lay the concrete pavers in the pattern(s) shown on the drawings. Maintain straight pattern lines. For mechanical installations, follow the stitching details as submitted and verified during the mock -up. D. Paving units shall be installed simultaneously from a minimum of 3 bundles for hand installations, and 6 bundles for mechanical installations to provide proper color blending. E. Joints between the individual concrete pavers shall be uniformly maintained and installed in accordance with the in-place dimensions F. Fill gaps at the edges of the paved area with cut pavers or edge units. Do not install cut pavers smaller than one -third of a whole paver along edges subject to vehicular traffic – trim two pavers to fit. G. Cut pavers using a masonry saw or splitting device. Upon completion of cutting, the area must be swept clean of all debris. H. Using a low amplitude plate compactor capable of at least 5,000 lbs. (22 kN) compaction at a frequency of 75 Hz –100 Hz, compact and seat the concrete pavers into the bedding course. I. The pavers shall be compacted to achieve consolidation of the bedding course and brought to level and profile by not less than three passes. Initial compaction should proceed as closely as possible following the installation of the paving units and prior to the acceptance of any traffic. J. Any units that are structurally damaged during compaction shall be immediately removed and replaced. K. Apply the joint material to the surface and sweep into the joints and voids. Fill joints and voids then sweep off excess material before vibrating the material down into the joints using a plate compactor. This will typically require two to three passes with the plate compactor. L. Do not compact within 6 feet of unrestrained edges of the paving units. M. All work to within 6 feet (1 m) of the laying face must be left fully compacted at the end of each day. N. Sweep off excess aggregate when the job is complete. 3.5 AS-BUILT CONSTRUCTION TOLERANCES A. Final inspection shall be conducted to verify conformance to the drawings after removal of excess aggregate. All pavements shall be finished to lines and levels to ensure positive drainage at all drainage outlets and channels. B. The final surface elevations shall not deviate more than +/- 3/8 inch under a 10 ft long straight edge. 689-19-01 (10/19) 2780-10 C. Lippage shall be no greater than 1/8-inch difference in height between adjacent pavers. D. Bond lines for the pavers shall be +/- 1/2-inch over a 50-foot string ling. E. Verify the in-situ surface infiltration rate of the permeable pavement is a minimum of 100 in/hour using ASTM C1781. 3.6 MAINTENANCE AND PROTECTION A. At the completion of the work, the Contractor shall provide the Owner with the manufacturer’s PICP System Operation and Maintenance Guidelines. B. Once the work is complete, the Owner shall be responsible for protecting the work from sediment deposition and damage due to subsequent construction activity on the site. C. The Contractor shall return to the site after 6 months from the co mpletion of the work and conduct an inspection of the PICP System with the Owner, Designer, and Contractor in accordance with the PICP System Operation and Maintenance Guidelines. END OF SECTION *** 689-19-01 (10/19) 02930-1 SECTION 02930 SODDING AND SEEDING PART 1 GENERAL 1.01 SCOPE OF WORK A. Provide all labor, materials, equipment and services required to perform sodding and seeding as shown on the Contract Drawings and as specified herein. B. All areas disturbed by construction operations shall receive a protective cover of vegetation. The work shall consist of preparing the area for treatment, furnishing and placing soil amendments, fertilizer, sod, seed, inoculants, mulch and plantings as specified in the designated areas. 1.02 RELATED WORK A. Special requirements for materials and equipment are given in the General Conditions. B. Special sequence or schedule requirements (if any) are specified in the Supplementary General Condit ions. 1.03 QUALIFICATIONS A. The work shall be done by a provider who is experienced, reputable, and qualified in the tasks required. 1.04 SUBMITTALS A. Shop Drawings and other items needed to establish compliance with the Drawings and these Specifications shall be submitted to the ENGINEER in accordance with Section 00700. B. Where fertilizer is furnished from bulk storage, the CONTRACTOR shall furnish a supplier's certification of analysis and weight. When required by the Contract, a representative sample of the fertilizer shall be furnished the OWNER for chemical analysis. 1.05 WARRANTY A. Refer to the General Conditions for warranty requirements. PART 2 PRODUCTS 2.01 SOD A. The sod to be used shall be Kentucky Bluegrass comparatively free from weeds or heavy root structure, cut in strips of 10 inches to 12 inches wide, 18 inches to 24 inches long, with a thickness of 1-1/2 inches to 2 inches. 689-19-01 (10/19) 02930-2 2.02 SEED A. All seed shall conform to the current rules and regulations of the state where it is being used and from the latest crop available. It shall meet or exceed the standards for purity and germination listed herein. B. Seed shall be labeled in accordance with the state laws and the U.S. Department of Agriculture Rules and Regulations under the Federal Seed Act in effect on th e date of invitations for bids. Bag tag figures will be evidence of purity and germination. No seed will be accepted with a date of test of more than 9 months prior to the date of delivery to the site. C. The seed mix for use on this project shall be of the type as listed below with the listed percentages, applied at a rate of 6-8 lbs/acre. Species % Creeping Red Fescue (Festuca rubra) 40.0 Little Blucstem (Schizachyrium Scoparium) 40.0 Partridge Pea (Chamecrista fasciculata) 20.0 D. Nurse crop shall be Annual rye (Lolium multiflorum) applied at a rate of 3-4 lbs/acre. 2.03 FERTILIZER A. Unless otherwise specified the fertilizer shall be a commercial grade fert ilizer or as specified herein. The fertilizer shall meet the standard for grade and quality specified by state law. 2.04 INOCULANTS A. The inoculant for treating legume seeds shall be a pure culture of nitrogen-fixing bacteria prepared specifically for the species and shall not be used later than the date indicated on the container or as otherwise specified. A mixing medium, as recommended by the manufacturer, shall be used to bond the inoculant to the seed. Two times the amount of the inoculant recommended by the manufacturer shall be used, except when seed is applied by use of hydraulic seeder, in which case 4 times the amount of inoculant recommended by the manufacturer shall be used. Seed shall be sown within 24 hours of treatment and shall not remain in the hydraulic seeder longer than 4 hours. 2.05 SOIL AMENDMENTS A. Lime shall consist of standard ground agricultural limestone, or equal. Standard ground agricultural limestone is defined as ground limestone meeting current requirements of the State Department of Agriculture. Agricultural lime or other needed soil amendments will be uniformly applied at the rate specified herein. 689-19-01 (10/19) 02930-3 2.06 ASPHALT EMULSION A. Asphalt emulsion shall conform to the requirements of ASTM D 977-80, "Emulsified Asphalt." The emulsified asphalt may be rapid, medium, or slow cure materials. 2.07 STRAW MULCH MATERIALS A. Straw mulch materials shall consist of wheat, oat, or rye straw, hay, grass clippings cut from any native grasses or other plants acceptable to the ENGINEER. The mulch material shall be air dry, reasonably light in color, and shall not be musty, moldy, caked, or otherwise of low quality. The use of mulch that contains noxious weeds will not be permitted. The CONTRACTOR shall provide a method satisfactory to the ENGINEER for determining weight of mulch furnished. 2.08 OTHER MULCH MATERIALS A. Mulching materials, such as wood cellulose fiber mulch, emulsion type, synthetic fiber mulch, netting, mesh, and other mulching materials that may be required for specialized locations and conditions, when specified, must be accompanied by the manufacturer's recommendations for methods of application. PART 3 EXECUTION 3.01 EXTENT A. Lump Sum Contracts 1. Sodding a. All sodded areas within the construction site steeper than 1 foot vertical to 4 feet horizontal, and berms less than 4 feet wide at all structures shall be sodded, unless otherwise shown on the Drawings or herein specified. 2. Seeding a. Except for areas occupied by structures, roadways, walkways, and sodded areas specified above, the entire area disturbed by construction operations shall be seeded. B. Unit Price Contracts 1. Sodding a. Where sod is destroyed in areas maintained equivalent to residence yards, it shall be replaced on slightly ridged backfill on trench, and where destroyed in areas adjacent to the trench, it shall be replaced by the CONTRACTOR with fresh sod. Sodding will be required only on those Contracts where specifically shown on 689-19-01 (10/19) 02930-4 the Drawings or called for in the Specifications or Form of Proposal. 2. Seeding a. Where lawns, pastures, thin grass or cover crops are destroyed by trenching, laying, backfilling, or tunneling operations, surface shall be prepared by disking, fertilizing and seeding. Seeding, fertilizing, and mulching shall be included in the price for trench- ing and backfilling. The timing of this operation shall be controlled by the ENGINEER. Requirements of the Department of Highways for reseeding shall take precedence over these Specifications where they are involved. b. When the construction project is located on privately owned property on easements acquired by the OWNER and the individual landowner requires the cover grass to be the same as present at the beginning of construction, the CONTRACTOR shall supply the seed required by the landowner. Seeding and fertilizing in such in- stances, shall be at the rate as recommended by the seed producer with soil preparation and mulching as stated herein. c. When the construction project encroaches within the rights-of-way of the Department of Highways, the seed mixture, application rate and method of mulching shall be as required by the Department of Highways. 3. CONTRACTOR'S Options a. Where surface grasses and cover are similar in nature throughout the length of the project, the CONTRACTOR may provide seed of one type or mixture for the entire project provided there are no objections by individual landowners involved and with permission of the OWNER and ENGINEER. In such cases, the seed type and/or mixture shall be that specified for lawn areas. Pasture and/or cover crop mixtures shall not be used for lawn application for any reason. b. When construction facilities or construction operations are located on or encroach on privately owned properties, the CONTRACTOR may, at his election, negotiate with the individual landowners for restoration of the surface. This negotiation and settlement may be for materials or labor or both as agreeable to the individual property owner. In such cases, the CONTRACTOR shall obtain from the individual landowner a "Release of Claims" releasing the OWNER from any further liability for surface restoration, a copy of which shall be provided for the OWNER and ENGINEER. This option shall apply to surface restoration only. The CONTRACTOR shall be responsible for cleanup and regrading work and for any settlement of the trench or graded area within the one year guarantee period. 689-19-01 (10/19) 02930-5 3.02 SOIL PREPARATION A. All areas to be seeded or sodded shall be thoroughly cleaned, removing all debris of whatever nature. After the area has been cleaned, the soil for seeding and sodding shall be prepared as follows: 1. Loosen the soil to a depth of not less than 4 inches. 2. Work the soil until it is in good condition, raking with hand rake to complete the soil preparation and make final finished grade. 3. Broadcast 15 pounds of 8-8-8 or better fertilizer on each 1,000 square feet of area (for sodded areas only). 4. Rake area to receive sod, to spread fertilizer and work into soil. 5. On areas to be seeded, the raking in of fertilizer may be done concurrently with raking in of seed as hereinafter specified. 3.03 SODDING A. The timing of resodding shall be controlled by the ENGINEER. Ground shall be prepared and fertilized as previously specified under Article 3.02 of this Specification Section. In small patches, supplying of 3 inches of topsoil and raking may be substituted for disking. B. The strips of sod are to be laid so the joints will be broken. After the sod has been laid, it is to be watered thoroughly then rolled with a roller weighing 300 to 400 pounds, supplemented by hand tamping of sections inaccessible by roller. C. After the sod has been put down, as described above, each piece is to have a minimum of 2 stakes to hold it in place, the stakes to be 1/2-inch square, 10 inches long, and driven into the ground with 2 inches of the stake left above the sod. D. Sod shall be kept moist by watering for at least one month or until the Contract is completed and the facilities accepted by the OWNER for operation. 3.04 SEEDING A. Temporary Cover (All Areas) 1. This item shall consist of seeding a temporary cover of grass, or grass and small grain, on areas disturbed on the construction site which will not be redisturbed within a 60 day period. The determination of the area to be temporarily seeded and the time of seeding shall be controlled by the ENGINEER. 2. The seed mixtures to be used for temporary cover will be governed by the time of year the seeding is accomplished. The mixtures and time of seeding shall be as follows: 689-19-01 (10/19) 02930-6 a. Time of Seeding - 2/15 to 6/1 (1) Rye 1-1/2 bushels and ryegrass 25 pounds per acre; or tall fescue 30 pounds and ryegrass 20 pounds per acre. b. Time of Seeding - 6/2 to 8/15 (1) Tall fescue 30 pounds and ryegrass 20 pounds per acre; or, spring oats 2 bushels and ryegrass 30 pounds per acre. c. Time of Seeding - 8/16 to 2/14 (1) Rye 2 bushels and ryegrass 20 pounds per acre; or, tall fescue 30 pounds and ryegrass 20 pounds per acre. d. Lime will not be required for temporary seeding. e. Fertilize at the rate of 400 pounds per acre of 10-10-10 fertilizer, or equivalent, broadcast uniformly on the area to be seeded. f. All seed shall be broadcast evenly over the area to be seeded and cultipacked or otherwise pressed into the soil. Seed and fertilizer may be mixed together and applied after the seed bed has been prepared. g. Mulch for temporary seeding will not be required except on those areas, in the ENGINEER'S opinion, too steep to hold the seed without protective cover. B. Seeding (Permanent Cover) 1. This item consists of seeding all areas disturbed during construction. All grading and/or filling of rills and gullies to a cross section acceptable to the ENGINEER shall be included in the seed bed preparation. a. Pastures and Cover Crops Not used. b. Lawns and Yards (1) This item consists of seeding all areas equivalent to residence lawns or yards disturbed during construction. All grading and filling shall be accomplished in a manner acceptable to the ENGINEER prior to the placement of seed and materials. Seed shall be mix stated in 2.02 C of this Section. Seed mixed together and broadcast at the rate of 8 lbs. per acre, to be seeded. Apply 2 tons of lime per acre. Apply 1500 pounds of 10-20-20 fertilizer per acre. Apply mulch at the rate of 2 tons per acre. Mulch shall be applied to all lawn areas regardless of the time seeded. 689-19-01 (10/19) 02930-7 3.05 MULCHING A. Mulch materials, meeting the requirements of Part 2 of this Specification Section, shall be applied at the rate of 2 tons per acre. B. The mulch shall be stabilized by running a "weighted" disk harrow with disks set straight, over the area on the contour, after the mulch has been applied, so as to imbed or press a part of the straw into the soil sufficiently to hold it in place. On earth embankments or areas too steep for use of mechanized equipment, the mulch shall be held in place by using small stakes and twine or ot her method acceptable to the ENGINEER. C. Straw, netting, or other special protective cover shall be biodegradable and shall be installed according to the manufacture’s recommendation with biodegradable staples. All seeded areas will require netting. END OF SECTION *** 689-19-01 (10/19) 03301-1 SECTION 03301 CAST-IN PLACE CONCRETE (MINOR STRUCTURES) PART 1 GENERAL 1.01 SUMMARY A. This specification delineates the requirements for cast -in place concrete for minor structures including concrete kickers for pipe blocking, sidewalks, collars, manholes, manhole bottoms, pipe cradles, piers and other areas where small quantities of concrete are required. It shall not be used for major structures such as floor slabs, structure or basin walls, roof slabs, or other structural components. 1.02 SCOPE OF WORK A. Provide all labor, material, equipment and services to complete all cast -in-place concrete work required by the Project as shown on the Drawings or specified herein. 1.03 REFERENCES A. The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only. AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) ASTM A 185 Specification for Steel, Welded Wire, Fabric, Plain, for Concrete Reinforcement ASTM A 497 Specification for Welded Deformed Steel Wire Fabric for Concrete Reinforcement ASTM A 615/A615M Specification for Deformed and Plain Billet -Steel Bars for Concrete Reinforcement ASTM A 616/A616M Specification for Rail-Steel Deformed and Plain Bars for Concrete Reinforcement ASTM A 617/A617M Specification for Axle-Steel Deformed and Plain End Bars for Concrete Reinforcement ASTM A 706/A706M Specification for Low-Alloy Steel Deformed Bars for Concrete Reinforcement ASTM C 33 Specification for Concrete Aggregates ASTM C 150 Specification for Portland Cement 689-19-01 (10/19) 03301-2 ASTM C 260 Specification for Air-Entraining Admixtures for Concrete ASTM C 494 Specification for Chemical Admixtures for Concrete 1.04 SUBMITTALS A. Copies of all materials required to establish compliance with these Specifications shall be submitted in accordance with the provisions of the General Conditions. 1.05 QUALITY ASSURANCE A. All work shall be performed to secure for the entire job homogeneous concrete having required strength, durability and weathering resistance, without planes of weakness and other structural defects and free of pronounced honeycombs, air pockets, voids, projections, offsets of plane and other defacements on exposed surfaces. 1.06 DELIVERY, STORAGE AND HANDLING A. Do not deliver ready-mixed concrete to job site until ready for placement. B. All materials used for on-site mixed concrete shall be kept clean and free from all foreign matter during transportation and handling and kept separate until measured and placed in the mixer. C. Store concrete aggregates to prevent contamination or segregation. Store reinforcement of different sizes and shapes in separate piles or racks raised above the ground to avoid excessive rusting. D. Protect from contaminants such as grease, oil and dirt. Provide for accurate identification after bundles have been broken and tags removed. 1.07 PROJECT/SITE CONDITIONS A. Cold Weather 1. Provide and maintain 50 degrees Fahrenheit minimum concrete temperature. Do not place concrete when ambient temperature is below 40 degrees Fahrenheit. Cover concrete and provide with a source of heat sufficient to maintain 50 degrees Fahrenheit minimum while curing. B. Hot Weather 1. Concrete temperature from initial mixing through final cure shall not exceed 90 degrees Fahrenheit. Cool ingredients before mixing, or substitute chip ice for part of required mixing water or use other suitable means to control concrete temperature to prevent rapid drying of newly placed concrete. Shade the fresh concrete and start curing as soon as the surface is sufficiently hard to permit curing without damage. 689-19-01 (10/19) 03301-3 PART 2 PRODUCTS 2.01 CONCRETE A. Mix Design 1. The concrete mix shall conform to the requirements of the following table according to the class of concrete required. The number in the "Class" column refers to the 28-day compressive strength of the concrete in pounds per square inch (psi). Class Minimum Cement Content (Lbs./Cu. Yd.) *Maximum Slump (Inches) 3000 470 3 to 4 3500 520 3 to 4 4000 550 3 to 4 * Maximum slump unless high range water reducing admixture is used. B. Area of Application 1. Unless otherwise noted on the Drawings, concrete mixes shall be used as follows: Class 3000 - kickers for pipe, fittings Class 3500 - non-reinforced portions of manholes, pipe cradles Class 4000 - reinforced portions of manholes, sidewalks, piers 2.02 MATERIALS A. Cement 1. Portland cement for concrete and mortar shall conform to ASTM C 150, Type I or II. B. Water 1. Water shall be potable. C. Aggregates 1. Aggregates shall conform to ASTM C 33. Obtain aggregates from one source. Aggregates shall not contain any substance which may be deleteriously reactive with the alkalis in the cement. D. Admixtures 1. Admixtures for air-entrained concrete shall conform to ASTM C 260, for water reducing (Type A, D or E) accelerating (Type C) and retarding (Type B or D) ASTM C 494. Calcium chloride shall not be used as an admixture. 689-19-01 (10/19) 03301-4 Admixtures shall not be used without prior written approval of the ENGINEER. E. Reinforcement 1. Reinforcing Bars a. Reinforcing bars shall conform to ASTM A 615/A615M Grade 60, ASTM A 616/A616M Grade 60, ASTM A 617/A617M Grade 60 or ASTM A 706/A706M Grade 60 as applicable. 2. Welded Wire Fabric a. Welded wire fabric shall conform to ASTM A 497 or ASTM A 185. PART 3 EXECUTION 3.01 FORMS A. Forms shall be used to confine concrete and shape it to the required dimensions. Set forms true to line and grade and make mortar tight. Chamfer above grade exposed joints, edges and external corners 3/4-inch, unless otherwise indicated. Earth cuts may be used as forms for footing vertical surfaces, if sides are sharp and true, and not exposed in finished structure. 3.02 PLACING REINFORCEMENT AND MISCELLANEOUS MATERIALS A. Provide bars, wire fabric and other reinforcing materials, including wire ties, supports and other devices necessary to install and secure the reinforcement. 3.03 CONTROL AND CONSTRUCTION JOINTS A. For sidewalks, provide control joints spaced at an interval equal to the width of the sidewalk, the minimum spacing of 5 feet. Cut joints 1 inch deep with a jointing tool after the surface has been finished. Provide 0.5-inch thick transverse expansion joints at changes in direction, where sidewalk abuts curb, steps, rigid pavement or other similar structures; space joints not more than 40 feet apart. Limit variation in cross section to 1/4-inch in 5 feet. 3.04 CURING AND PROTECTION A. Protect concrete from injurious action by sun, wind, rain, flowing water or mechanical injury. Do not allow concrete to dry out from time of placement until the expiration of the curing period. Forms may be removed 48 hours after concrete placement. END OF SECTION *** 689-19-01 (10/19) 05540-1 SECTION 05540 CASTINGS PART 1 GENERAL 1.01 SCOPE OF WORK A. Provide all labor, materials, and equipment required to install castings as shown on the Drawings and specified herein. Included in this section are manhole covers, steps, valve boxes, hatch covers, and commemorative plaques. 1.02 RELATED WORK NOT INCLUDED A. Concrete work is included in Division 3. 1.03 SUBMITTALS A. The CONTRACTOR shall submit to the ENGINEER, in accordance with the General Conditions, copies of construction details of castings proposed for use. PART 2 MATERIALS 2.01 GENERAL A. All castings shall be gray iron, conforming to the requirements of the ASTM Standards, Designation A 48-83, Class 35-B for manhole casting and class 20 for valve boxes. PART 3 EXECUTION 3.01 INSTALLATION OF CASTINGS A. Installation In or On Structures 1. The installation of castings is generally covered under specifications for pipe work and manholes. Castings shall be leveled, plumbed and secured before pouring concrete or attaching to masonry with solid, watertight, cement mortar joints. END OF SECTION *** 689-19-01 (10/19) 16010-1 SECTION 16010 BASIC ELECTRICAL REQUIREMENTS PART 1 GENERAL 1.01 CONTRACTOR'S UNDERSTANDING A. Contractors bidding work under thi s Contract shall read and under stand Division Zero and Division 1 - General Requirements. If any discrepancies are discovered between the Basic Electrical Requirements and General Requirements, the above mentioned documents shall over rule this section. The Basic Electrical Requirements are intended as a supplement to the above mentioned documents. B. The CONTRACTOR shall bid as outlined in the above mentioned Specifica tions and shall be governed by any alternates or unit prices called for in the form of proposal. C. Each CONTRACTOR bidding on the work included in these Specifications shall view the building site and carefully examine the Contract Drawings and Specifi - cations, so that he/she may fully understand what is to be done, and to document existing conditions. 1.02 SCOPE A. Work included in this section of the Specifications includes the furnishing of all labor, material, tools, State approvals, utility connection fees, excavation, back- fill and other equipment necessary to install the electrical system as shown on the Contract Drawings and as specified herein. B. It also includes installation and con nection of all electrical utilization equipment included in this Contract but furnished by other contractors or suppliers. C. The CONTRACTOR shall furnish and install all conduit and miscellaneous material to make all electrical connections to all items of utilization equipment or wiring devices except as otherwise specified. D. Equipment connections shall be made with flexibl e or rigid conduit as required. Controllers for motors, disconnect switches, and all control, protective and signal devices for motor circuits, except where such apparatus is furnished mounted and connected integrally with the motor driven equipment, shall be installed, connected and left in operating condition. The number and size of conductors between motors and control or protective apparatus shall be as re- quired to obtain the type of operation described in these Specifications and/or by the Contract Drawings and/or as shown in manufacturer furnished, ENGINEER reviewed shop drawings. E. All devices and items of electrical equipment, including those shown on the Contract Drawings but not specifically mentioned in the Specifications or those mentioned in the Specifications but not shown on the Contract Drawings, are to 689-19-01 (10/19) 16010-2 be furnished under this section of the Specifications. Any such device or item of equipment, if not defined in quality, shall be equal to similar equipment and/or devices specified herein. F. All devices and items of equipment mentioned in this section of the Specifica - tions whether electrical or not or whether fur nished under this or other divisions of the Specifications, shall be installed und er this division of the Specifications, unless specifically indicated otherwise. G. Where wiring diagrams are not shown on the Contract Drawings, they are to be provided by the supplier of the equipment served and such diagrams shall be adhered to except as herein modified. H. The following is a list of items that may not be defined clearly on the Contract Drawings or in other parts of these Specifications. The list is meant to be an aid to the CONTRACTOR and is not necessarily a complete list of all work to be performed under this Contract: 1. Relocate existing lighting as shown on plans. 2. Furnish, install, and connect all electrical conduit and duct. 3. Abandon and remove all existing wiring and materials not to be reused . J. All raceways and wiring shall be firestopped where required by code and/or indicated in the Contract Drawings, as specified in Section 15305. 1.03 SHOP DRAWINGS, DESCRIPTIVE LITERATURE, INSTALLATION, OPERATION AND MAINTENANCE (IOM) INFORMATION A. Shop drawings will be required on the following materials specified in this division: 1. Conduit - all types and sizes, including liquidtight flexible. 2. Boxes - all types and sizes. 3. Wiring devices. 4. Device plates. 5. Conduit fittings, expansion joints, support hardware. 6. Wire - all types and sizes. 7. Light fixtures - all types. 1.04 SYMBOLS AND ABBREVIATIONS A. The symbols and abbreviations generally follow standard electrical and archi - tectural practice; however, exceptions to this shall be as shown on the Contract Drawings. 689-19-01 (10/19) 16010-3 1.05 COORDINATION OF WORK WITH OTHER TRADES A. The CONTRACTOR shall coordinate the electrical work with that of other trades to ensure proper final location of all electrical equipment and/or connections. The CONTRACTOR shall verify door swings to see that light switches are located properly. 1.06 CODES A. The minimum standard for all work shall be the latest revision of the North Carolina Building Code (NCBC) and the National Electrical Code (NEC). Whenever and wherever state and/or local l aws or ordinances and/or regulations and/or the ENGINEER'S design require a higher standard than the current NEC or NCBC, then these laws and/or regulations and/or the design shall be followed. B. Following is a list of other applicable Standards or Codes: Organization/Code/Standard Abbreviated Title 1. North Carolina Building Code NCBC 2. National Electrical Code NEC 3. National Electrical Safety Code NESC 4. Underwriters Laboratories, Inc. UL 5. Factory Mutual System FM 6. National Fire Protection Association NFPA 7. National Electrical Manufacturers Association NEMA 8. Occupational Safety and Health Administration OSHA 9. Insulated Cable Engineers Association, Inc. ICEA 10. Illuminating Engineering Society of North America IES 11. Instrument Society of America ISA 12. Institute of Electrical and Electronic Engineers, Inc. IEEE 13. Certified Ballast Manufacturers Association CBM 14. American National Standards Institute, Inc. ANSI 15. Anti-Friction Bearing Manufacturers Association, Inc. AFBMA 16. Joint Industry Council JIC 17. American Society of Heating, Refrigerating and Air Conditioning Engineers, Inc. ASHRAE 18. Federal Communications Commission FCC 1.07 INSPECTION AND PERMITS A. Electrical wiring inspections are required in North Carolina General Statues NCGS 143-143.2 by the appropriate official electrical inspector or inspection department. For state buildings, the State Construction Office has that responsibility, as noted in NCGS 143-341(3)d. No project is exempt from 689-19-01 (10/19) 16010-4 electrical inspection(s), regardless of dollar value or funding source. All scheduling of electrical inspections with the SCO electrical inspector shall be Monday through Friday unless specifically exempted and approved by SCO. B. The CONTRACTOR shall contact the State Construction Office prior to starting work, and arrange for elect rical inspections on this project. Inspections shall be performed at no cost to the CONTRACTOR. No work shall be concealed unless acceptable to the inspector. C. At the time of completion of the project, there shall be furnished to the OWNER a certificate of compliance, from the agency having jurisdiction pursuant to all electrical work performed. The ENGINEER shall also receive a photostatic copy. D. All costs incurred by the CONTRACTOR to execute the above mentioned requirements shall be paid by the CONTRACTOR at no extra cost to the OWNER. E. All permits necessary for the complete electrical system shall be obtained by the CONTRACTOR from the authorities governing such work. For further information, see Division 1. 1.08 STORAGE A. All work, equipment, and materi als shall be protected against dirt, water, or other injury during the period of construction. 1.09 MATERIALS A. All materials used shall be new and at least meet the minimum standards as established by the NEC and/or National Electrical Manufacturers As sociation (NEMA). All materials shall be UL listed for the application, where a listing exists. Third-party agencies shall be amongst those accredited by the North Carolina Building Code Council (NCBCC) to label electrical and mechanical equipment. Additional requirements are found in Division 1. All equipment shall meet applicable FCC requirements and restrictions. B. The material and equipment described herein has been specified according to a particular trade name or make to set quali ty standards. However, each CONTRACTOR has the right to substitute other material and equipment in lieu of that specified, other than those specifical ly mentioned as matching or for standardization, providing such material and equipment meets all of the requirements of those specified and is accepted, in writing by the ENGINEER. C. The reuse of salvaged electrical equipment and/or wiring will not be permitted unless specified herein or indicated on the Contract Drawings. D. All salvaged or abandoned electrical materials shall become the property of the OWNER and shall be removed from the job site upon completion of the project, unless otherwise noted on the Contract Drawings or specified herein. 689-19-01 (10/19) 16010-5 1.10 ERRORS, CORRECTIONS AND/OR OMISSIONS A. Necessary changes or revisions in electrical work to meet any code or power company requirements shall be made by the CONTRACTOR without additional charge. 1.11 GUARANTEE AND WARRANTIES A. The CONTRACTOR shall guarantee all work including equipme nt, materials, and workmanship. This guarantee shall be against all defects of any of the above and shall run for a period of 1 year from the date of acceptance of the work, concurrent with the one year guarantee period designated for the general construction contract under which electrical work is performed. Date of acceptance shall be considered to be the date on which all "punchlist" items are completed ("punchlist" is defined to be the written listing of work that is incomplete or deficient that must be finished or replaced/repaired before t he CONTRACTOR receives final payment). B. Repair and maintenance for the guarantee period is the responsibility of the CONTRACTOR and shall include all repairs and maintenance other than that which is considered as routine. (That is replacement of lamps, oiling, greasing, etc.) The ENGINEER shall be the judge of what shall be considered as routine maintenance. 1.12 TESTING A. After the wiring system is completed, and at such time as the ENGINEER may direct, the CONTRACTOR shall conduct an operating test for acceptance. The equipment shall be demonstrated to operate in accordance with the require - ments of these Specifications and the Contract Drawings. The test shall be performed in the presence of the ENGINEER or his authorized representative. The CONTRACTOR shall furnish all instruments and personnel required for the tests, as well as the necessary electrical power. B. Before energizing the system, the CONTRACTOR shall check all connec tions and set all relays and instruments for proper operation. He shall obtain all necessary clearances, approvals, and instructions from the serving utility company prior to placing power on the equipment. C. Tests may be performed by the ENGINEER to confirm integrity of insulation on wiring circuits selected by the ENGINEER at random. D. Cost of utilities for testing done prior to beneficial occupancy by the OWNER shall be borne by the CONTRACTOR. 1.13 CLEAN-UP A. Clean-up shall be completed as soon as possible after the electrical installation is complete. All lig ht fixtures, outlets, switches, starters, motor control centers, disconnect switches and other electrical equipment shall be free of shipping tags, stickers, etc. All painted equipment shall be left free of scratches or other 689-19-01 (10/19) 16010-6 blemishes, such as splattered or blistered paint, etc. All light fixture diffusers shall be clean and the interior of all motor con trols, etc., shall be free of dust, dirt, wire strippings, etc. Surplus material, rubbish and equipment resulting from the work shall be removed from the job site by the CONTRACTOR upon completion of the work. B. During construction, cover all OWNER equipment and furnishings subject to mechanical damage or contamination in any way. 1.14 CUTTING AND PATCHING Not used. 1.15 EXCAVATION AND BACKFILL A. Excavation 1. Excavation for conduits shall be of sufficient width to allow for proper jointing and alignment of the type conduit used. Conduit shall be bedded on original ground. Where conduit is in solid rock, a 6 inch earth cushion must be provided. Conduit shall be laid in straight lines between pull boxes and/or structures unless otherwise noted on the Contract Drawings. The cost of solid rock excavation shall be included in the lump sum bid with no extra pay allowed (unclassified). B. Backfill 1. Backfill shall be hand placed, loose granular earth for a height of 6 inches above the top of the largest conduit. This material shall be free of rocks over 1/2 inches in diameter. Above this, large rocks may be included but must be mixed with sufficient earth to fill all voids. 1.16 POWER COMPANY COORDINATION A. The CONTRACTOR is responsible for coordinating all activities onsite by the Power Company. 1.17 AS BUILT DRAWINGS A. The CONTRACTOR shall maintain 1 set of the Contract Drawings on the job in good condition for examination at all times. The CONTRACTOR'S qualified representative shall enter upon these drawings, from day to day, the actual "as-built" record of construction and/or alteration progress. Entries and notes shall be made in a neat and legible manner and these drawings delivered to the ENGINEER after completion of the construction, for use in preparation of Record Drawings. 689-19-01 (10/19) 16010-7 1.18 MAINTAINING CONTINUOUS ELECTRICAL SYSTEM AND SERVICE A. Existing service(s) continuity shall be maintained at all times. In no way shall the installation and/or alteration of the electrical work interfere with or stop the normal operation of the existing facilities, except when prior arrangements have been made. 1.19 GROUNDING AND BONDING A. All metallic conduit, cabinets, equipment and service shall be grounded in accordance with the latest issue of the National Electrical Code. All supporting framework and other metal or metal clad equipment or materials wh ich are in contact with electrical conduit, cable and/or enclosures, shall be properly grounded to meet the code requirements. 1.20 RELATED SPECIFICATION DIVISIONS A. The following divisions contain Specifications on utilization equipment, equip- ment accessories, and procedures related to execution of the electrical work, and are included here for the CONTRACTOR'S information. Bids shall still be based on complete Contract Documents. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract Division 1 - General Requirements Division 2 - Sitework Division 3 - Concrete Division 5 - Metals 1.21 CONTRACTOR LICENSING A. The CONTRACTOR performing electrical work on this project shall hold a limited license or higher classification as required by the State of North Caro lina. It shall be the CONTRACTOR's responsibility to investigate these requirements. 1.22 ANCHORING/MOUNTING A. Electrical conduits and/or equipment shall be rigidly supported. Anchors used shall be metallic expansion type, or if appropriate to prevent spalling concrete, epoxy set type. Plastic or explosive type anchors are prohibited. PART 2 PRODUCTS Not applicable. PART 3 EXECUTION Not applicable. END OF SECTION *** 689-19-01 (10/19) 16110-1 SECTION 16110 RACEWAYS PART 1 GENERAL 1.01 WORK INCLUDED A. This section of the Technical Specifications in cludes all raceways for accommodation of electrical conductors, communications conductors, sleeves for underground electrical installations, conduit stubs for future installations, fittings therefor and accessories. B. All raceways shall be marked with t he manufacturer's name or trademark as well as type of raceway and size. This marking shal l appear at least once every 10 feet and shall be of sufficient durability to withstand the environment involved. All raceways shall be furnished and installed as outlined under the following sections of this Specification. PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Tubular Raceways 1. Plastic (PVC); Type A (Thin Wall); Type 40 (or Schedule 40); Type 80 (or Schedule 80) (Heavy-Wall) - "Robin-Tech," "Carlon," or equal. 2.02 MATERIALS A. Polyvinylchloride (PVC) Conduit 1. PVC conduit and fittings shall be Schedule 40, 80 heavy wall, or thinwall, as indicated in these Specifications manufactured to conform to UL standards. It shall be listed and labeled by UL. It shall have at least the same temperature rating as the conductor insulation. Expansion joints shall be used as recommended by the manufacturer in published literature. PVC systems shall be 90 degrees Celsius minimum UL rated, have a tensile strength of 7,000 psi @ 73.4 degrees Fahrenheit, flexural strength of 11,000 psi and compressive strength of 8,000 psi. PART 3 EXECUTION 3.01 INSTALLATION A. Conduit 1. All conduit shall be installed in a first class workmanship manner. It shall be installed in horizontal and vertical runs in such a manner as to ensure against trouble from the collection of trapped condensation and shall be 689-19-01 (10/19) 16110-2 arranged so as to be devoid of traps wherever possible. Special care shall be used in assuring that exposed conduit runs are parallel or perpendicular to walls, structural members, or intersections of vertical planes and ceilings. No open wiring is allowed. 2. PVC conduit installed underground for low voltage application shall be schedule 80 without encasement, except service entrance conduits shall be schedule 40 PVC, thinwall PVC, or Fibre Duct, and shall be concrete encased. Where PVC conduit is installed, tra nsition shall be made to GRS conduit at bends where wire pulling could cut conduit. For medium voltage underground conduit requirements see Section 16375. 3. Minimum conduit size shall be 3/4 inch. The following table shows the minimum burial depth required for all exterior conduit or cable: Direct Burial Cable (Suitable for that use) 24" Rigid Steel Conduit 18" Schedule 80 PVC 30" Schedule 40 PVC, thinwall, or fiber duct, concrete encased (for low voltage service entrance) 18" 4. Wire pulling shall be facilitated by the use of a UL approved pulling compound in pulls over 30 feet in length or where there are 2 or more 90 degree bends. Only polypropylene, nylon, or manila pulling ropes will be permitted. Standard industry recognized wire pulling equipment shall be used. 5. All conduits entering and leaving instrument enclosures shall be sealed around the wires with silicone caulk. 6. All conduits for emergency lighting systems shall be separate from other building power conduits. 7. Areas of use for each type of conduit: Schedule 40 Schedule 80 Exterior Underground PVC PVC EMT GRS IMC Aluminum Low Voltage X X X X Medium Voltage (Concrete Encased) X* X* X* X* Low Voltage Service Entrance (Concrete Encased) X X X* X* X Exterior Exposed Medium Voltage X X Low Voltage X X 689-19-01 (10/19) 16110-3 Note 1: PVC conduit is not allowed in assembly areas such as gyms, theaters, etc. 8. Underground raceways (conduit) shall be provided with steel sleeves where they pass over or under obstructions, such as: piping; etc. 9. All conduit shall have an insulated ground wire pulled to all equip ment and receptacles. 10. EMT conduit fittings shall be compression type. 11. All raceway runs are shown diagrammatically to outline the general routing of the raceway. The installation shall be made to avoid interfer - ence with pipes, ducts, structural members or other equipment. Should structural or other interference prevent the instal lation of the raceways, or setting of boxes, cabinets, or the electrical equipment, as indicated in the Drawings, deviations must be approved by the OWNER, and after approval, shall be made without additional charges and shown on the Record Drawings. END OF SECTION *** 689-19-01 (10/19) 16130-1 SECTION 16130 BOXES PART 1 GENERAL 1.01 WORK INCLUDED A. Junction boxes shall be furnished and installed where indicated on the Co ntract Drawings, and/or as required by the work in accordance with the NEC. PART 2 PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. Boxes - "Queen," "Wiegmann," "Appleton," "Raco," "Bauers," "Crouse -Hinds," "Hoffman," "Robroy Industries," "Cloud Concrete Products," "Spring City," "Ca r- lon," "Sedco," or equal. 2.02 GENERAL A. Junction boxes for out-of-doors use, not mounted in concrete may be sheet met- al (NEMA 4X), waterproof, rustproof, rain and sleet proof, with hinged covers and latches and provided means of locking by means of keyed locks, ta m- per-resistant screws or padlocking as required and with clamping cap -screws top and bottom door edges to provide firm contact with gasketing. All gaskets shall be molded (unbroken) neoprene or butyl rubber. B. NEMA 4X junction and/or pull boxes may be stainless steel, if called for on the Contract Drawings; or non-metallic or cast aluminum. C. Underground junction or pull boxes shall be constructed of reinforce d concrete cast-in-place or prefabricated as detailed on the Contract Drawings. D. Explosion proof sealing fittings shall be furnished and installed in accordance with NEC requirements. 2.03 FLOOR BOXES Not used. PART 3 EXECUTION 3.01 INSTALLATION/APPLICATION/ERECTION A. General 1. Junction Boxes shall be installed in the locati ons shown on the Contract Drawings. The CONTRACTOR shall study the general plans in relation to 689-19-01 (10/19) 16130-2 the space surrounding each box, in order that his work may fit the other work required by these Specifications. D. Pull Boxes 1. Pull boxes for exterior underground work are shown on the Contract Drawings and are the minimum number required. Others may be added at the CONTRACTOR'S option, but no extra pay shall be allowed. Pull box types are as follows: Exterior - Per detail on the Contract Drawings. E. Openings in Electrical Boxes 1. All openings in electrical equipment, enclosures, cabinet s, outlet and junction boxes shall be by means of welded bosses, standard knockouts, or shall be sawed, drilled, or punched with tools specially made for the purpose. The use of a cutting torch is prohibited. Unused openings shall be plugged per the NEC. END OF SECTION *** 689-19-01 (10/19) 16390-1 SECTION 16390 PRIMARY GROUNDING PART 1 GENERAL 1.01 REQUIREMENTS A. Grounding shall conform to applicable requirements in the NEC and NESC and as written elsewhere in these Specifications. Neutral conductors, cable shields, me- tallic conduits, termination bodies, junction boxes, lightning arrestors, fences (if applicable), and all non-current carrying metallic parts of equipment, shall be grounded. Ground rods shall be copper, or copper-clad steel, 5/8 inch minimum diameter, at least 8 feet long, dri ven fully into the earth. B. Grounding electrodes at transformers and sectionalizing switches shall have a ground resistance not to exceed 5 ohms. Ground resistance shall be measured not less than 48 hours after rainfall. A bare copper cable not smaller than No. 4/0 AWG shall be installed not less than 30 inches below grade connecting to the indicated ground rods. Fence and equipment connections shall not be small- er than No. 4 AWG. Fences shall be grounded at every gatepost and cornerpost. Each gate section shall be bonded to the fencepost with a flexible b raided cop- per grounding strap. Transformer neutral connections shall not be smaller than 1/0 AWG. Where rated secondary current exceeds 400 amperes, the size of the neutral ground connection shall be increased to not less than 1/2 of the area of secondary phase conductors. Where measured ground resistance exceeds 5 ohms, additional rods shall be driven, not less than 10 feet apart, connected with 4/0 cable, until proper resistance achieved (50 foot total rod length maxi- mum). C. All concealed or buried grounding system connections or grounding electrode connections shall be of the exothermic weld type. D. Lightning arrestor grounding conductors shall be separate from other ground - ing conductors, but shall be bonded to the neutral or to the equipment ground where such ground exists within 50 feet. E. All grounding electrodes at transformers and lightning arrestors shall be tested for conformance to the 5 ohm value and the procedure shall be the same as d e- scribed in Section 16450 on secondary grounding. END OF SECTION ***