WQ0022870_Modification_20220628

Initial Review
Reviewer Thornburg, Nathaniel D
Is this submittal an application? (Excluding additional information.)*
Yes No
Permit Number (IR)* WQ0022870
ApplicantlPermittee Aqua North Carolina, Inc.
ApplicantlPermittee Address 202 MacKenan Drive, Cary, NC
Is the owner in BIMS? Yes No Is the facility in BIMS?
Owner Type Organization
Facility Name Chapel Ridge WWTP
County Chatham
Fee Category
Is this a complete application?*
Yes No
Signature Authority
Signature Authority Title
Signature Authority Email
Document Type (if non -application)
Email Notifications
Does this need review by the hydrogeologist?* Yes No
Regional Office
CO Reviewer
Admin Reviewer
Fee Amount �C
Complete App Date
Below list any additional email address that need notification about a new project.
Email Address
Comments to be added to email notfication
..... ......... ......... ..................
Comments for Admin
Comments for RO

Comments for Reviewer
Comments for Applicant

Submittal Form
Project Contact Information
Please provide information on the person to be contacted by NDB Staff regarding electronic submittal, confirmation of receipt, and other correspondence.
Name* Kevin Nash
Email Address*
[e-mail]
Project Information
Application/Document Type*
New (Fee Required)
Modification - Major (Fee Required)
Renewal with Major Modification (Fee
Required)
Annual Report
Additional Information
Other
Phone Number*
9192492627
Modification - Minor
Renewal
GW-59, NDMR, NDMLR, NDAR-1,
N DAR-2
Residual Annual Report
Change of Ownership
We no longer accept these monitoring reports through this portal. Please click on the link below and it will take you to the correct form.
https://edocs.deq.nc.gov/Forms/NonDischarge_Monitoring_Report
Permit Type: *
Wastewater Irrigation
Other Wastewater
Closed -Loop Recycle
Single -Family Residence Wastewater
Irrigation
Permit Number: *
WQ0022870
Has Current Existing permit number
Applicant/Permittee*
Aqua North Carolina, Inc.
Applicant/Permittee Address*
202 MacKenan Drive, Cary, NC
Facility Name*
Chapel Ridge WWTP
Please provide comments/notes on your current submittal below.
High -Rate Infiltration
Reclaimed Water
Residuals
Other
At this time, paper copies are no longer required. If you have any questions about what is required, please contact Nathaniel Thornburg
at [e-mail].
Please attach all information required or requested for this submittal to be reviewed here.
(Application Form, Engineering Plans, Specifications, Calculations, Etc.)
Chapel Ridge Permit Application.pdf 23.92MB
Upload only 1 PDF document (less than 250 MB). Multiple documents must be combined into one PDF file unless file is larger
than upload limit.
* By checking this box, I acknowledge that I understand the application will not be
accepted for pre -review until the fee (if required) has been received by the Non -
Discharge Branch. Application fees must be submitted by check or money order and
made payable to the North Carolina Department of Environmental Quality (NCDEQ).
I also confirm that the uploaded document is a single PDF with all parts of the
application in correct order (as specified by the application).
Mail payment to:
NCDEQ — Division of Water Resources
Attn: Non -Discharge Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Signature

Submission Date 6/28/2022

June 23, 2022
Reclaimed Water Generation
NC DEQ / Division of Water Resources / Water Quality Permitting
512 North Salisbury St.
Raleigh, NC 27604
RE: Reclaimed Water Generation/Alteration - Application
Chapel Ridge WWTP — Screen Improvements
To whom it may concern:
This letter will serve as the cover letter for the Authorization to Construct Application.
This project consists of improvements to the influent screening process. The existing screening process
consists of a single manual bar rack. The proposed improvements will replace the existing bar rack with a
mechanical screen unit that is self-contained in a steel vessel.
Included in this application package are the following:
1. Application Form
2. Cutsheet for the purchased screen
3. Plans and Specifications
The construction of the project will start upon receiving authorization. The construction duration is
expected to be approximately 2-months from the notice to proceed granting the general contractor
authorization to begin construction.
Please feel free to contact me with any questions or concerns at 919-249-2627 or [e-mail].
Sincerely,
Rummel, Klepper & Kahl, LLP
KevirNash, PE
CC:
Andrew Norris, PE (Aqua North Carolina)
RKS"I"If, C Page 1 AQUA NIOR""'III°"I i CAR01 11 N1 A, I III

State of North Carolina
Department of Environmental Quality
Division of Water Resources
DWR 15A NCAC 02U — RECLAIMED WATER SYSTEMS — GENERATION
Ci'lvlslunu of Water Resources
INSTRUCTIONS FOR FORM: RWG 06-16 & SUPPORTING DOCUMENTATION
Please use the following instructions as a checklist in order to ensure all required items are submitted. Adherence to these
instructions and checking the provided boxes will help produce a quicker review time and reduce the amount of additional
information requested. Failure to submit all of the required items will lead to additional processing and review time for the
permit application.
For more information, visit the Water Quality Permitting Section's Non -Discharge Permitting Unit wehsite
General — This application shall be used for projects involving the generation of reclaimed water that is to be utilized in either a
conjunctive or non -conjunctive manner. Non -conjunctive use means that the reclaimed water utilization activity is required
to meet the wastewater disposal needs of the generating facility. Conjunctive use means that the proposed utilization option
is not required to meet the wastewater disposal needs of the generating facility, and that other permitted utilization/disposal
alternatives are also available. Unless otherwise noted, the Applicant shall submit one original and two copies of the
application and supporting documentation.
Do not submit this application without an associated Reclaimed Water Project Information form (FORM: RWPI).
A. Reclaimed Water Generation Application (FORM: RWG 06-16) (All application packages):
® Submit the completed and appropriately executed Reclaimed Water Generation (FORM: RWG 06-16) application. Please do
not make any unauthorized content changes to this form. If necessary for clarity or due to space restrictions, attachments to
the application may be made, as long as the attachments are numbered to correspond to the section and item to which they
refer.
® The facility name in Item II.1. shall be consistent with the facility name on the plans, specifications, agreements, etc.
® The Professional Engineer's Certification on Page 9 of this form shall be signed, sealed and dated by a North Carolina licensed
Professional Engineer.
® The Applicant's Certification on Page 9 of this form shall be signed in accordance with 15A NCAC 02T .0106(b). The
application must be signed by a principal executive officer of at least the level of vice-president or his authorized representative
for a corporation; by a general partner for a partnership or limited partnership; by the proprietor for a sole proprietorship;
and by either an executive officer, an elected official in the highest level of elected office, or other authorized employee for a
municipal, state, or other public entity. An alternate person may be designated as the signing official if a delegation letter is
provided from a person who meets the criteria in 15A NCAC 02T .0106(b).
❑ If this project is for a renewal without modification, use the Non -Discharge System Renewal (FORM: NDSR) application.
B. Property Ownership Documentation (All Application Packages involving new or expanding generation systems):
❑ Per 15A NCAC 02U .0201(e) or 15A NCAC 02U .0202(f), the Applicant shall provide written documentation of ownership
for all property containing the reclaimed water generation equipment, reclaimed water storage units, and 5-day upset units.
Documentation shall consist of one (or more) of the following:
❑ Legal documentation of ownership (i.e., GIS, deed or article of incorporation), or
❑ Written notarized intent to purchase agreement signed by both parties with a plat or survey map, or
❑ An easement running with the land specifically indicating the intended use of the property and meeting the requirements
of 15A NCAC 02L .0107(f), or
❑ A written notarized lease agreement signed by both parties, indicating the intended use of the property, as well as a plat or
survey map.
C. Wastewater Chemical Analysis (For new or expanding generation systems treating Industrial Waste):
❑ Per 15A NCAC 02U .0201(g) or .0202 provide a complete Division certified laboratory chemical analysis of the effluent
to be irrigated for the following parameters (For new facilities, an analysis from a similar facility's effluent is acceptable):
❑ Ammonia Nitrogen (NH3-N) ❑ 5-day BOD (BODS) ❑ Total Dissolved Solids
❑ Calcium ❑ Magnesium ❑ Total Kjeldahl Nitrogen (TKN)
❑ Chemical Oxygen Demand (COD) ❑ Nitrate Nitrogen (NO3-N) ❑ Total Organic Carbon
❑ Chloride ❑ pH ❑ Total Phosphorus
❑ Coliphage (Type 2 reclaimed water only) ❑ Phenol ❑ Total Trihalomethanes
❑ Clostridium perfringens (Type 2 reclaimed water) ❑ Sodium ❑ Total Volatile Organic Compounds
❑ Fecal Coliform or E. coli ❑ Sodium Adsorption Ratio (SAR) ❑ Toxicity Test Parameters
INSTRUCTIONS FOR FORM: RWG 06-16 & SUPPORTING DOCUMENTATION Page 1 of 4

D. Engineering Plans (All Application Packages):
® Per 15A NCAC 02U .0201(c) or .0202(c), submit standard size and 11 x 17-inch plan sets that have been signed, sealed and
dated by a North Carolina licensed Professional Engineer.
® The engineering plans shall include the following items:
® Table of contents with each sheet numbered.
❑ A general location map with at least two geographic references, a vicinity map, fencing around treatment and storage
facilities.
❑ A process flow diagram showing all flow, recycle/return, aeration, chemical, and wasting paths. (For conjunctive facilities,
include only those treatment units, in addition to existing units, that are needed to produce reclaimed water.)
❑ Plan and profile views of all treatment and storage units, including their piping, valves, and equipment (i.e., pumps,
blowers, mixers, diffusers, flow meters, etc.), as well as their dimensions and elevations. (For conjunctive facilities,
include only those treatment units, in addition to existing units, that are needed to produce reclaimed water.
❑ Auxiliary power supply. (Non -conjunctive systems only.)
❑ A hydraulic profile from the treatment plant headworks to the point where reclaimed water is released to the distribution
system. (Non -conjunctive systems only.)
❑ Plans shall represent a completed design and not be labeled with preliminary phrases (e.g., FOR REVIEW ONLY, NOT
FOR CONSTRUCTION, etc.) that indicate they are anything other than final specifications. However, the plans may be
labeled with the phrase: FINAL DESIGN - NOT RELEASED FOR CONSTRUCTION.
E. Specifications (All Application Packages):
® Per 15A NCAC 02U .0201(c) or .0202(c), submit specifications that have been signed, sealed and dated by a North Carolina
licensed Professional Engineer.
❑ At a minimum, the specifications shall include the following items:
❑ Table of contents with each section/page numbered.
❑ Detailed specifications for each treatment and storage unit, as well as all piping, valves, equipment (i.e., pumps, blowers,
mixers, diffusers, flow meters, etc.), audible/visual high water alarms, liner material, etc. (For conjunctive facilities,
include only those treatment units, in addition to existing units, that are needed in order to produce reclaimed water.)
❑ Site Work (i.e., earthwork, clearing, grubbing, excavation, trenching, backfilling, compacting, fencing, seeding, etc.)
❑ Materials (i.e., concrete, masonry, steel, painting, method of construction, etc.)
❑ Electrical (i.e., control panels, transfer switches, automatically activated standby power source, etc.)
❑ Means for ensuring quality and integrity of the finished product, including leakage, pressure and liner testing.
❑ Specifications shall represent a completed design and not be labeled with preliminary phrases (e.g., FOR REVIEW ONLY,
NOT FOR CONSTRUCTION, etc.) that indicate they are anything other than final specifications. However, the specifications
may be labeled with the phrase: FINAL DESIGN - NOT RELEASED FOR CONSTRUCTION.
F. Engineering Calculations (All Application Packages):
❑ Per 15A NCAC 02U .0201(c) or .0202(c), submit engineering calculations that have been signed, sealed and dated by a North
Carolina licensed Professional Engineer.
❑ At a minimum, the engineering calculations shall include the following items:
❑ Hydraulic and pollutant loading calculations for each treatment unit demonstrating how the designed effluent
concentrations in Application Item V.I. were determined (NOTE: "black box" calculations are unacceptable). (For
conjunctive facilities, include only those treatment units, in addition to existing units, that are needed to produce reclaimed
water.)
❑ Sizing criteria for each treatment unit and associated equipment (i.e., blowers, mixers, flow meters, pumps, etc.). (For
conjunctive facilities, include only those treatment units, in addition to existing units, that are needed in order to produce
reclaimed water.)
❑ Total and effective storage calculations for each storage unit.
❑ Friction/total dynamic head calculations and system curve analysis for each pump used.
❑ Manufacturer's information for all treatment units, pumps, blowers, mixers, diffusers, flow meters, etc.
❑ Flotation calculations for all treatment and storage units constructed partially or entirely below grade.
INSTRUCTIONS FOR FORM: RWG 06-16 & SUPPORTING DOCUMENTATION Page 2 of 4

G. Water Balance (For Non -Conjunctive application packages that include new or modified reclaimed water storage units to be
located on the property of the reclaimed water generator):
❑ Per 15A NCAC 02U .0202(k), submit a water balance that has been signed, sealed and dated by a qualified professional and
includes at a minimum:
❑ The water balance should be run over at least a two year iteration, should consider precipitation into and evaporation from
all open atmosphere storage impoundments, and should use variable number of days per month and include:
❑ Precipitation based on the 8011' percentile and a minimum of 30 years of observed data.
❑ Potential Evapotranspiration (PET) using the Thornthwaite method, or another approved methodology, using a minimum
of 30 years of observed temperature data.
❑ Soil drainage based on the geometric mean of the in -situ KSAT tests in the most restrictive horizon and a drainage coefficient
ranging from 4 to 10% (unless otherwise technically documented).
❑ Other factors that may restrict the hydraulic loading rate when determining a water balance include:
❑ Depth to the SHWT and lateral groundwater movement.
❑ Nutrient limitations and seasonal application times to ensure reclaimed water is applied at appropriate agronomic rates.
❑ Note: Guidance on completing a water balance for non -conjunctive systems is available in the Water Balance Calculation
Policy.
H. Residuals Management Plan (All Application Packages with new, expanding or replacement wastewater treatment systems):
❑ Per 15A NCAC 02U .0802, submit a Residuals Management Plan that shall include, at a minimum:
❑ A detailed explanation of how generated residuals (including trash, sediment and grit) will be collected, handled, processed,
stored, and disposed.
❑ An evaluation of the treatment facility's residuals storage requirements based upon the maximum anticipated residuals
production rate and ability to remove residuals. NOTE: Per 15A NCAC 02U .0402(n), a minimum of 30 days of residual
storage shall be provided for non -conjunctive reclaimed water systems.
❑ A permit for residuals utilization or a written commitment to the Applicant from a Permittee of a Department approved
residuals disposal/utilization program that has adequate permitted capacity to accept the residuals or has submitted a
residuals/utilization program application. NOTE: Per 15A NCAC 02U .0202(j), a written commitment is not required at
the time of this application; however, it shall be provided prior to operation of any permitted facilities herein.
❑ If oil/grease removal and collection are a designed unit process, submit an oil/grease disposal plan detailing how the
oil/grease will be collected, handled, processed, stored and disposed. NOTE: If an on -site restaurant or other business with
food preparation is contributing wastewater to this system, an oil/grease disposal plan shall be submitted.
L Distribution System Monitoring Plan (All application packages):
❑ Include a distribution system monitoring plan for verifying that reclaimed water standards (15A NCAC 02U .0301) will be met
at the utilization site(s). At a minimum, the following items shall be included:
❑ Specify the sampling locations within the distribution system that will provide data representative of the reclaimed water
delivered to users.
❑ The number of sampling locations should be equivalent to approximately 25 percent of the service connections to the
reclaimed water distribution system; or 5 locations, whichever is fewer. In no case shall fewer than two locations be
sampled.
❑ Monitoring shall include samples of: fecal coliform, pH, and total residual chlorine.
INSTRUCTIONS FOR FORM: RWG 06-16 & SUPPORTING DOCUMENTATION Page 3 of 4

Site Map (All Application Packages):
❑ Non -Conjunctive Systems
❑ Per 15A NCAC 02U .0202(d), submit standard size and 11 x 17-inch site maps that have been signed, sealed and dated by
a North Carolina licensed Professional Engineer and/or Professional Land Surveyor.
❑ For clarity, multiple site maps of the facility with cut sheet annotations may be submitted.
❑ At a minimum, the site map shall include the following:
❑ A scaled map of the site with topographic contour intervals not exceeding 10 feet or 25 percent of total site relief
and showing all facility -related structures and fences within the wastewater treatment and storage areas.
❑ The location of all wells (including usage and construction details if available), streams (ephemeral, intermittent,
and perennial), springs, lakes, ponds, and other surface drainage features within 500 feet of all treatment and storage
sites.
❑ Setbacks as required by 15A NCAC 02U .0701(a) and (b).
❑ Site property boundaries within 500 feet of all treatment and storage units.
❑ All habitable residences or places of public assembly within 500 feet of all treatment and storage units.
❑ Conjunctive Systems
❑ Per 15A NCAC 02U .0201(d), submit standard size and 11 x 17-inch site maps that have been signed, sealed and dated by
a North Carolina licensed Professional Engineer and/or Professional Land Surveyor.
❑ For clarity, multiple site maps of the facility with cut sheet annotations may be submitted.
❑ At a minimum, the site map shall include the following:
❑ A scaled map of the site showing all facility -related structures and fences within the wastewater treatment and
storage areas.
❑ Location of features in 15A NCAC 02U .0701(a) and (b), to the extent needed to determine compliance with
setbacks.
K. Education Program (All New Generators)
❑ Per 15A NCAC 02U .0501, provide documentation of a program of education and approval for all reclaimed water users. At a
minimum this material shall include:
❑ Definition of reclaimed water.
❑ Information on the proper use of reclaimed water.
❑ Examples of improper uses of reclaimed water.
❑ Clarification that reclaimed water is not for drinking.
❑ Clarification that reclaimed water cannot be discharged to surface waters and should not be allowed to runoff from the
utilization areas.
❑ Address any other environmental and/or public health protection measures.
❑ Methods to be used to provide employees educational material in a language they can understand.
ONE ORIGINAL AND TWO COPIES OF THE COMPLETED APPLICATION AND SUPPORTING DOCUMENTATION
SHALL BE SUBMITTED TO:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY PERMITTING SECTION
NON -DISCHARGE PERMITTING UNIT
By U.S. Postal Service:
1617 MAIL SERVICE CENTER
RALEIGH, NORTH CAROLINA 27699-1617
TELEPHONE NUMBER: [phone]
By Courier/Special Delivery:
512 N. SALISBURY STREET
RALEIGH, NORTH CAROLINA 27604
FAX NUMBER: [phone]
INSTRUCTIONS FOR FORM: RWG 06-16 & SUPPORTING DOCUMENTATION Page 4 of 4

State of North Carolina
Department of Environmental Quality
DWIPt Division of Water Resources
15A NCAC 02U — RECLAIMED WATER SYSTEMS — GENERATION
Division of Water Resources FORM: RWG 06-16
L CONTACT INFORMATION:
1. Applicant's name: Aqua North Carolina, Inc
2. Signature authority's name: Michael Melton (per 15A NCAC 02T .0106) Title: Engineering Manager
3. Applicant's mailing address: 202 MACKENAN DR.
City: Cary State: NC Zip: 27511-
Telephone number: [phone] Email Address: MAMelton(a-),AguaAmerica.com
4. Consulting Engineer's name: Kevin Nash, PE License Number: 045517 Firm: RK&K
Mailing address: 8601 Six Forks Rd, Suite 700
City: Raleigh State: NC Zip: 27615-
Telephone number: 9( 19) 249-2627 Email Address: KNASH(a-),RKK.com
II. FACILITY INFORMATION
1. Reclaimed water generating facility name: Chapel Ridge WWTP
Facility's physical address: 498 Hardwood Forest Ratil
City: Pittsboro State: NC Zip: - County: Chatham
2. Facility Coordinates: Latitude: 35' 45' _" Longitude: -79' 15'
Datum: Unknown Level of Accuracy Unknown Method of Measurement Navigation quality GPS
3. USGS Map Name:
4. Information for nearest waterbody a:
Stream Index No.: Stream Classification:
a To determine the waterbody stream index number and its associated classification, download the current classifications list
at the following web address: https://ncdenr.s3.amazonaws.com/s3fs-
public/Water%20Quality/Aquifer%2OProtection/LAU/Agreements/W SCA%2008-13.pdf.
5. Facility status: Existing
6. Reclaimed water utilization will be:
® Non -Conjunctive —reclaimed water utilization is required to meet the wastewater disposal needs of the facility.
Conjunctive — reclaimed water option is not necessary to meet the wastewater disposal needs of the facility and other
wastewater utilization or disposal methods are available at all times (15A NCAC 02U .0103(3)).
For Conjunctive, what is the alternate wastewater disposal method?
❑ NPDES Permit No.
❑ Other (specify): _
FORM: RWG 06-16 Page 1 of 9

III. INFORMATION ON RECLAIMED WATER GENERATION:
1. What is the origin of the influent (i.e., school, residential, hospital, municipality, industry, etc.)?
2. Reclaimed water generating capacity for this project: gallons per day (GPD)
3. What is the wastewater type? ❑ Domestic or Industrial (See 15A NCAC 02T .0103(20))
Is there a Pretreatment Program in effect? ❑ Yes or ❑ No
Has a wastewater chemical analysis been submitted in accordance with
Instruction C? ❑ Yes or ❑ No
4. How was the influent flow rate determined? ❑ 15A NCAC 02T .0114 or ❑ Representative Data
5. Hasa flow reduction been approved under 15A NCAC 02T .0114(f)? ❑ Yes or ❑ No
6. Provide the required information in the table below to document design flow pursuant to 15A NCAC 02T .0114:
Establishment Type
Daily Design Flow a
No. of Units
Flow
gal/
GPD
gal/
GPD
gal/
GPD
gal/
GPD
gal/
GPD
gal/
GPD
Total
GPD
IV. TREATMENT AND STORAGE UNIT SETBACKS (15A NCAC 02U .0701)
1. Provide the actual minimum distance in feet from the treatment units, storage units, and utilization areas to each item listed
(distances greater than 500 feet may be marked N/A):
Setback Parameter
Treatment Units/
Final Effluent Storage
5-day Upset Storage
Units
Required
Actual
Required
Actual
Any habitable residence or place of assembly under separate
100
ownership or not to be maintained as part of the project site
Any private or public water supply source
100
100
Surface waters (streams — intermittent and perennial,
50
50
perennial waterbodies, and wetlands)
Any well with exception of monitoring wells
100
100
Any property line
50
50
2. Do the treatment and storage units comply with all setbacks found in the river basin rules (15A NCAC 213 .0200)?
❑ Yes or ❑ No If no, list non -compliant setbacks:
3. Are any setback waivers required in order to comply with 15A NCAC 02U .0701? ❑ Yes or ❑ No
✓ If yes, have these waivers been written, notarized signed by all parties involved and recorded with the County Register
of Deeds? ❑ Yes or ❑ No
✓ If yes, has the required Non -Discharge Wastewater System Waiver (FORM: NDWSW) been included with this
application package? ❑ Yes or ❑ No
FORM: RWG 06-16 Page 2 of 9

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VI. RECLAIMED WATER SYSTEM DESIGN CRITERIA(15A NCAC 02U.0401 or.0402)
1. Plan sheet number where instrumentation for continuous monitoring/recording for turbidity/particle count is shown:
2. Plan sheet number where instrumentation for continuous flow recording is shown:
3. What is the method of preventing public access to the treatment facility and five day upset basin?
✓ Plan sheet number where restricted access method is shown:
4. Is there an automatically activated standby power supply onsite? ❑ Yes ❑ No
✓ If Yes,plan sheet number where standby power supply is shown:
✓ If No,what other means will be used to prevent improperly treated wastewater from entering the storage,distribution,or
utilization system?
5. Will a certified operator of a grade equal or greater than the facility classification be on call 24 hrs/day? ❑Yes or❑No
6. What classification of reclaimed water does the generator intend to provide per(15A NCAC 02U .0301)?
❑Type 1 — 15A NCAC 02U .0301(b);or
Type 2 - 15A NCAC 02U .0301(a)- (Note: Type 2 required for indirect contact irrigation of food chain crops where the
food product will not be peeled,skinned,cooked or thermally processed prior to human consumption.)
Are the following design criteria met for Type 2?
✓ Dual disinfection systems containing both UV disinfection and chlorination(or equivalent dual disinfection processes)
provided pursuant to 15A NCAC 02U .0401(h)or.0402(q)? ❑ Yes ❑ No
✓ Has documentation been provided to show that the combined treatment and disinfection processes are capable of the
following pathogen reductions pursuant to 15A NCAC 02U .0401(i)or.0402(r)?
➢ log 6 or greater reduction of E.coli ❑ Yes ❑ No
➢ log 5 or greater reduction of Coliphage ❑ Yes ❑ No
➢ log 4 or greater reduction of Clostridium perfringens ❑ Yes ❑ No
❑ Other— 15A NCAC 02U .0301(c)—reclaimed water will be produced by an industrial facility,will be used at the facility
in the industry's process,use area has no public access,and the use will not result in employee exposure.
Items VI.7:VL15.are for NON CONJUNCTIVE SYSTEMS—If you checked"Conjunctive"in Item 11.6.,skip to Section VII:
7. Is aerated flow equalization provided with a capacity of at least 25%of daily system design flow? ❑ Yes or❑ No
✓ If no,how does the Applicant intend on complying with 15A NCAC 02U .0402(b)?
8. Are dual facilities provided for all essential treatment units? ❑ Yes or❑ No
Note: This refers to any unit process whose loss would likely render the facility incapable of meeting require performance
criteria including aeration,clarification,filtration,disinfection,pumps,blowers,etc. (See 15A NCAC 02T .0103(16))
✓ If no,how does the Applicant intend on complying with 15A NCAC 02U .0402(c)?
9. Is automatic flow diversion to a 5-day upset pond provided in the event of plant upset? ❑ Yes or❑ No
10. Does the treatment facility include any bypass or overflow lines? ❑Yes or❑No
If yes,describe what treatment units are bypassed,why this is necessary,and where the bypass discharges:
11. Are multiple pumps provided wherever pumps are used? ❑Yes or❑No
✓ If no,how does the Applicant intend on complying with 15A NCAC 02U .0402(k)?
FORM: RWG 06-16 Page 4 of 9

VI. RECLAIMED WATER SYSTEM DESIGN CRITERIA(Continued)
12. Are any treatment or storage units located within the 100-year flood plain? ❑Yes or❑No
✓ If Yes,which units are affected? (Note that water tight seals or a minimum of two feet protection from the 100-year
floodplain is required.)
✓ If No,then provide the distance to the nearest flood zone: (feet); and provide the typical elevation at the edge of the
flood zone: (feet)
13. How many days of residuals storage are provided? (Note:30 days required per 15A NCAC 02U .0402(n))
14. If an influent pump station is part of the proposed facility(i.e.,within the wastewater treatment plant boundary),does the
influent pump station meet the design criteria in 15A NCAC 02T .0305(h)?
❑Yes, ❑No, ❑N/A—To be permitted separately,or❑N/A—Gravity fed
VII.DESIGN INFORMATION FOR NEW OR MODIFIED PORTIONS OF THE TREATMENT FACILITY
1. Type of treatment system(extended aeration,MBR, SBR,etc):Aeration Basin
2. Provide the requested treatment unit and mechanical equipment information(For conjunctive facilities,include only those
treatment units,in addition to existing units,that are needed to produce reclaimed water):
a. PRELIMINARY/PRIMARY TREATMENT: ®New Units, ❑Modified Units ❑N/A
Treatment Unit Number Manufacturer Dimensions(ft) Volume Plan Sheet Specification
of Units or Material /Spacings(in) (gallons) Number Page Number
Mechanical Bar 1 Huber N/A N/A 4 N/A
Screen
Manual Bar Screen 1 Huber N/A N/A 4 N/A
Select
Select
Select
Select
b. SECONDARY/TERTIARY TREATMENT ❑New Units, ❑Modified Units ®N/A
Treatment Unit Number Manufacturer Dimensions(ft) Volume Plan Sheet Specification
of Units or Material (gallons) Number Page Number
Select
Select
Select
Select
Select
Select
Select
FORM: RWG 06-16 Page 5 of 9

VII. DESIGN INFORMATION FOR NEW OR MODIFIED PORTIONS OF THE TREATMENT FACILITY(Continued)
c. DISINFECTION ❑New Units, ❑Modified Units ®N/A
Treatment Unit Number Manufacturer Dimensions(ft) Volume Plan Sheet Specification
of Units or Material (gallons) Number Page Number
Select
Select
Select
Select
➢ If chlorination is the proposed method of disinfection,specify detention time provided: minutes(NOTE:30 minutes
minimum required),and indicate at what treatment unit chlorine contact occurs:
➢ If ultraviolet(UV)light is the proposed method of disinfection,specify the number of banks: ,number of lamps per
bank: and maximum disinfection capacity: GPM.
d. RESIDUALS TREATMENT ❑New Units, ❑Modified Units ®N/A
Treatment Unit Number Manufacturer Dimensions(ft) Volume Plan Sheet Specification
of Units or Material (gallons) Number Page Number
Select
Select
Select
e. PUMPS ❑New Units, ❑Modified Units ®N/A
Location Number Purpose Manufacturer/ Capacity Plan Sheet Specification
of Pumps Type GPM TDH Number Page Number
f. BLOWERS ❑New Units, ❑Modified Units ®N/A
Location No.of Units Served Manufacturer/ Capacity Plan Sheet Specification
Blowers Type (CFM) Number Page Number
FORM: RWG 06-16 Page 6 of 9

VII. DESIGN INFORMATION FOR NEW OR MODIFIED PORTIONS OF THE TREATMENT FACILITY(Continued)
g. MIXERS ❑New Units, ❑Modified Units ®N/A
No.of Manufacturer/ Power Plan Sheet Specification
Location Mixers Units Served Type (hp) Number Page Number
h. FLOW METERS,OTHER RECORDING DEVICES&RELIABILITY ❑New Units, ❑Modified Units ®N/A
Number Maximum Plan Sheet Specification
Device of Units Capacity Manufacturer Location Number Page Number
Select
Select
Select
Select
Select
Select
DISTRIBUION PUMP/DOSING TANK(IF APPLICABLE): ❑New Units, ❑Modified Units ®N/A
Plan Sheet Specification
Reference Reference
Internal dimensions(L x W x H or cp x H) ft ft ft
Total volume ft3 gallons
Dosing volume ft3 gallons
Audible&visual alarms
Equipment to prevent irrigation during rain events
FORM: RWG 06-16 Page 7 of 9

VIII. DESIGN INFORMATION FOR EARTHEN STORAGE IMPOUNDMENTS: 15A NCAC 02U.0402
IF MORE THAN ONE IMPOUNDMENT,PROVIDE ADDITIONAL COPIES OF THIS PAGE AS NECESSARY.
1. Are there any earthen reclaimed water storage impoundments located at the generator site? ❑Yes or❑No
✓ If no,then skip the remaining items in Section VIII.
2. What is the storage impoundment type?Select
3. Storage Impoundment Coordinates(degrees,minutes,seconds): Latitude:_° Longitude: - °
Datum: Select Level of accuracy: Select Method of measurement: Select
4. Do any impoundments include a discharge point(pipe,spillway,etc)? ❑Yes or❑No
✓ If Yes,has the required NPDES permit been obtained to authorize the discharge of reclaimed water? ❑Yes or❑No
➢ Provide the NPDES permit number ; or the date when NPDES application was submitted:
5. Are subsurface drains present beneath or around the impoundment to control groundwater elevation? ❑Yes or❑No
6. Is the impoundment designed to receive surface runoff? ❑Yes or❑No
✓ If yes,what is the drainage area? ft2,and was this runoff incorporated into the water balance? ❑Yes or❑No
7. Will the reclaimed water be placed directly into or in contact with GA classified groundwater? ❑Yes or❑No
If yes,has the Applicant provided predictive calculations or modeling demonstrating that such placement will not result in a
contravention of GA groundwater standards? ❑Yes or❑No
8. What is the depth to bedrock from the earthen impoundment bottom elevation? ft
✓ If the depth to bedrock is less than four feet,has the Applicant provided a liner with a hydraulic conductivity no greater
than 1 x 10-'cm/s? l Yes, ❑No or❑N/A
>Has the Applicant provided predictive calculations or modeling demonstrating that surface water
or groundwater standards will not be contravened? ❑Yes or❑No
✓ If the earthen impoundment is excavated into bedrock,has the Applicant provided predictive calculations or modeling
demonstrating that surface water or groundwater standards will not be contravened? ❑Yes, ❑No or❑N/A
9. If the earthen impoundment is lined and the mean seasonal high water table is higher than the impoundment bottom elevation,
how will the liner be protected(e.g.,bubbling,groundwater infiltration,etc.)?
10. If applicable,provide the specification page references for the liner installation and testing requirements:
11. If the earthen impoundment is located within the 100-year flood plain,has a minimum of two feet of protection(i.e.,top of
embankment elevation to 100-year flood plain elevation)been provided? ❑Yes or❑No or❑N/A
12. Provide the requested earthen impoundment design elements and dimensions:
Earthen Impoundment Design Elements Earthen Impoundment Dimensions
Liner type: ❑ Clay ❑ Synthetic Top of embankment elevation: ft
❑ Other ❑Unlined
Liner hydraulic conductivity: cm/s Freeboard elevation: ft
Hazard class: Select Toe of slope elevation: ft
Designed freeboard: ft Impoundment bottom elevation: ft
Total volume: ft3 gallons Mean seasonal high water table depth: ft
Effective volume: ft3 gallons Embankment slope: •
Effective storage time: days Top of dam water surface area: ft2
Plan Sheet Reference: Freeboard elevation water surface area: ft2
Specification Section: Bottom of impoundment surface area: ft2
FORM: RWG 06-16 Page 8 of 9

Professional Engineer's Certification:
I, K0'11,Nash.,Pli ,attest that this application for Chikpgi1i re WWIP
has been reviewed by me and is accurate, complete and consistent with the information supplied in the
engineering plans,calculations,and all other supporting documentation to the best of my knowledge. I further attest that to the best of my
knowledge the proposed design has been prepared in accordance with this application package and its instructions as well as all applicable
regulations and statutes. Although other professionals may have developed certain portions of this submittal package, inclusion of these
materials under my signature and seal signifies that I have reviewed this material and have judged it to be consistent with the proposed
design. Note: in accordance with NC General Statutes 143-215,6A and I43-215.6B, any person who knowingly makes any false
statement,representation,or certification in any application package shall be guilty of a Class 2 misdemeanor,which may include a fine
not to exceed$10,000 as well as civil penalties up to$25,000 per violation,
North Carolina Professional Engineer's seal,signature,and date:
„omit inik
CA
(-----.N ..:
z \ ..
SEA al =
0457
..:
I \l'OiNE0 0,. .....:?..
w
iiiiiillil MOON\
Applicant's Certification(signing authority must be In compliance with 15A NCAC 02T.0106):
Michael,Melton En Oneetipg Manager
(signing authority name PLEASE PRINT) (title)
attest that this application for Chapel Rid e WWTP
(facility name)
has been reviewed by me and is accurate and complete to the best of my knowledge. I understand that any discharge of wastewater from
this non-discharge system to surface waters or the land will result in an immediate enforcement action that may include civil penalties,
injunctive relief, and/or criminal prosecution. I will make no claim against the Division of Water Resources should a condition of this
permit be violated. I also understand that if all required parts of this application package are not completed and that if all required
supporting information and attachments are not included,this application package will be returned to me as incomplete. I further certify
that the applicant or any affiliate has not been convicted of an environmental crime,has not abandoned a wastewater facility without proper
closure,does not have an outstanding civil penalty where all appeals have been exhausted or abandoned,arc compliant with any active
compliance schedule,and do not have any overdue annual fees under Rule I 5A NCAC 02T,0105. Note: In accordance with NC General
Statutes 143-215.6A and 143-215.6B, any person who knowingly makes any false statement, representation, or certification in any
application package shall be guilty of a Class 2 misdemeanor,which may include a fine not to exceed$10,000 as well as civil penalties
up to$25,000 per violation.
Signature: ri ,,,,,hot,40. s&-rt) Date: (01L)ida.R a
FORM: RWG 06-16 Page 9 of 9

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I nfiluent Screening Improvements
FINAL DESIGN
SPECIFICATIONS
'une 2022
.--IT- i / S E Pe , ''----
7 E Prepared By:
';, fir' f'MGdgst" ..c $'- f W i o
irk
Responsive People• Creative Solutions

SECTION 00011
TABLE OF CONTENTS
EJCDC BIDDING FORMS
C-410- Bid Form 1—7
EJCDC CONTRACTING FORMS
C-510—Notice of Award 1- 1
C-520-Construction Contract 1—7
C-550—Notice to Proceed 1- 1
C-610—Performance Bond 1 - 3
C-615—Payment Bond 1 - 3
C-620—Contractor's Application for Payment 1—4
C-625—Certificate of Substantial Completion 1— 2
CONDITIONS OF THE CONTRACT
C-700—Standard General Conditions (EJCDC) 1—62
C-800—Supplementary Conditions 1—37
EJCDC ADMINISTRATIVE FORMS
C-940—Work Change Directive 1- 1
C-941—Change Order 1—2
C-942—Field Order 1- 1
03300—Cast in Place Concrete
05500— Metal Fabrications
APPENDIX
Aqua North Carolina Specifications for Sanitary Sewer Construction
Aqua North Carolina Specifications for Water Systems
Huber Screen Submittal Package [For Reference]
Chapel Ridge WWTP— Existing Utilities Plans
END OF SECTION

BID FORM
Chapel Ridge WWTP— Influent Screening Improvements Project
June 2022
EJCDC®C-410,Bid Form for Construction Contracts.
Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page i

TABLE OF CONTENTS
Page
Article 1—Bid Recipient 1
Article 2—Bidder's Acknowledgements 1
Article 3—Bidder's Representations 2
Article 4—Bidder's Certification 3
Article 5—Basis of Bid 4
Article 6—Time of Completion 10
Article 7—Attachments to this Bid 11
Article 8—Defined Terms 11
Article 9—Bid Submittal 12
EJCDC®C-410,Bid Form for Construction Contracts.
Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page ii

ARTICLE 1—BID RECIPIENT
1.01 This Bid is submitted to:
RK&K(attention Kevin Nash, PE)via email([e-mail])
1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement
with Owner in the form included in the Bidding Documents to perform all Work as specified or
indicated in the Bidding Documents for the prices and within the times indicated in this Bid and
in accordance with the other terms and conditions of the Bidding Documents.
ARTICLE 2—BIDDER'S ACKNOWLEDGEMENTS
2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without
limitation those dealing with the disposition of Bid security. This Bid will remain subject to
acceptance for 90 days after the Bid opening, or for such longer period of time that Bidder may
agree to in writing upon request of Owner.
ARTICLE 3—BIDDER'S REPRESENTATIONS
3.01 In submitting this Bid, Bidder represents that:
A. Bidder has examined and carefully studied the Bidding Documents, and any data and
reference items identified in the Bidding Documents, and hereby acknowledges receipt of
the following Addenda:
Addendum No. Addendum, Date
B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and
adjacent areas, and become familiar with and satisfied itself as to the general, local, and
Site conditions that may affect cost, progress, and performance of the Work.
C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect
cost, progress, and performance of the Work.
D. Bidder has considered the information known to Bidder itself; information commonly
known to contractors doing business in the locality of the Site; information and
observations obtained from visits to the Site; the Bidding Documents; and any Site-related
reports and drawings identified in the Bidding Documents, with respect to the effect of
such information, observations, and documents on (1) the cost, progress, and performance
of the Work; (2) the means, methods, techniques, sequences, and procedures of
construction to be employed by Bidder; and (3) Bidder's safety precautions and programs.
E. Bidder agrees, based on the information and observations referred to in the preceding
paragraph, that no further examinations, investigations, explorations, tests, studies, or data
are necessary for the determination of this Bid for performance of the Work at the price bid
and within the times required, and in accordance with the other terms and conditions of
the Bidding Documents.
EJCDC®C-410,Bid Form for Construction Contracts.
Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 1

F. Bidder is aware of the general nature of work to be performed by Owner and others at the
Site that relates to the Work as indicated in the Bidding Documents.
G. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the
written resolution thereof by Engineer is acceptable to Bidder.
H. The Bidding Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for the performance and furnishing of the Work.
I. The submission of this Bid constitutes an incontrovertible representation by Bidder that
Bidder has complied with every requirement of this Article, and that without exception the
Bid and all prices in the Bid are premised upon performing and furnishing the Work
required by the Bidding Documents.
ARTICLE 4—BIDDER'S CERTIFICATION
4.01 Bidder certifies that:
A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed
individual or entity and is not submitted in conformity with any collusive agreement or
rules of any group, association, organization, or corporation;
B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false
or sham Bid;
C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and
D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing
for the Contract. For the purposes of this Paragraph 4.01.D:
1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of
value likely to influence the action of a public official in the bidding process;
2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to
influence the bidding process to the detriment of Owner, (b) to establish bid prices at
artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and
open competition;
3. "collusive practice" means a scheme or arrangement between two or more Bidders,
with or without the knowledge of Owner, a purpose of which is to establish bid prices
at artificial, non-competitive levels; and
4. "coercive practice" means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in the bidding process or
affect the e execution of the Contract.
ARTICLE 5—BASIS OF BID
5.01 Bidder will complete the Work in accordance with the Contract Documents for the following
price(s):
EJCDC®C-410,Bid Form for Construction Contracts.
Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 2

ITEM DESCRIPTION OF ITEM UNIT QTY UNIT PRICE TOTAL PRICE
NO.
Mobilization &Demobilization
1 LS 1 $ $
All work as described in the drawings
2 and specifications. LS 1 $ $
Total Price Lump Sum Base Bid Items $
Upset
ITEM DESCRIPTION OF ITEM APPRX Unit Unit TOTAL PRICE
NO. QTY Price Price
Limit
Furnishing and placingadditional
lean concrete fill quantities greater
1 than indicated on the Drawings 10 cy $
and as ordered by Engineer or
Construction Manager
Additional 3/4"dia electrical conduit
2 with 3-#12 conductors 100 If
3 Test pit for underground utilities, 3 unit $
as directed by the engineer.
Gravel (Crush and Run)—as
4 needed 10 cy $
Subtotal —Contingent Bid Items $
Bidder to include in other Bid item(s) the other costs (if any) associated with accepting such
assignment and administering the assigned contract.
Total of Lump Sum and Unit Price Bids=Total Bid Price $
ARTICLE 6—TIME OF COMPLETION
6.01 Bidder agrees that the Work will be substantially complete on or before , and will be
completed and ready for final payment in accordance with Paragraph 15.06 of the General
Conditions on or before
6.02 Bidder accepts the provisions of the Agreement as to liquidated damages.
EJCDC®C-410,Bid Form for Construction Contracts.
Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 3

ARTICLE 7—ATTACHMENTS TO THIS BID
7.01 The following documents are submitted with and made a condition of this Bid:
A. List of Proposed Subcontractors;
B. List of Proposed Suppliers;
C. Evidence of authority to do business in the state of the Project; or a written covenant to
obtain such license within the time for acceptance of Bids;
D. Contractor's License No.: [or] Evidence of Bidder's ability to obtain a State
Contractor's License and a covenant by Bidder to obtain said license within the time for
acceptance of Bids;
ARTICLE 8—DEFINED TERMS
8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions
to Bidders, the General Conditions, and the Supplementary Conditions.
ARTICLE 9—BID SUBMITTAL
BIDDER: [Indicate correct name of bidding entity]
By:
[Signature]
[Printed name]
(If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach
evidence of authority to sign.)
Attest:
[Signature]
[Printed name]
Title:
Submittal Date:
Address for giving notices:
Telephone Number:
Fax Number:
EJCDC®C-410,Bid Form for Construction Contracts.
Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 4

Contact Name and e-mail address:
Bidder's License No.:
(where applicable)
NOTE TO USER: Use in those states or other jurisdictions where applicable or required.
EJCDC®C-410,Bid Form for Construction Contracts.
Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 5

r N(al NrrFi,ioi Ni<c�Nirinri
DOCUMENTS C(J MMII"I'Et
NOTICE OF AWARD
Date of Issuance: 11/11/2019
Owner: Aqua North Carolina Owner's Contract No.:
Engineer: RK&K Engineer's Project No.:
Project: Contract Name:
Bidder:
Bidder's Address:
TO BIDDER:
You are notified that Owner has accepted your Bid dated 11/6/2019 for the above Contract, and that you are
the Successful Bidder and are awarded a Contract for:
Mechanical Screen Upgrade at the Country Valley WWTP.
The Contract Price of the awarded Contract is: $
[ ] unexecuted counterparts of the Agreement accompany this Notice of Award, and one copy of the
Contract Documents accompanies this Notice of Award, or has been transmitted or made available to
Bidder electronically. [revise if multiple copies accompany the Notice of Award]
a set of the Drawings will be delivered separately from the other Contract Documents.
You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice
of Award:
1. Deliver to Owner [ ]counterparts of the Agreement,fully executed by Bidder.
2. Deliver with the executed Agreement(s) the Contract security e.g., performance and payment bonds]
and insurance documentation as specified in the Instructions to Bidders and General Conditions,
Articles 2 and 6.
3. Other conditions precedent(if any):
Failure to comply with these conditions within the time specified will entitle Owner to consider you in default,
annul this Notice of Award, and declare your Bid security forfeited.
Within ten days after you comply with the above conditions, Owner will return to you one fully executed
counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated in
Paragraph 2.02 of the General Conditions.
Owner:
Authorized Signature
By:
Title:
Copy: Engineer
EJCDC C-510,Notice of Award.
Prepared and published 2013 by the Engineers Joint Contract Documents Committee.
Page 1 of 1

AGREEMENT
BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)
THIS AGREEMENT is by and between Aqua North Carolina, Inc. (Aqua) ("Owner") and
Burnette Enterprises Inc. ("Contractor").
Owner and Contractor hereby agree as follows:
ARTICLE 1—WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The
Work is generally described as follows: Replacement of the main aeration blowers and diffusers.
ARTICLE 2—THE PROJECT
2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as
follows: Country Valley WWTP—Mechanical Screen Upgrade.
ARTICLE 3—ENGINEER
3.01 The Project has been designed by RK&K.
3.02 The Owner has retained RK&K ("Engineer") to act as Owner's representative, assume all duties
and responsibilities, and have the rights and authority assigned to Engineer in the Contract
Documents in connection with the completion of the Work in accordance with the Contract
Documents.
ARTICLE 4—CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness
for final payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Contract Times:Days
A. The Work will be substantially completed on or before , and completed and ready
for final payment in accordance with Paragraph 15.06 of the General Conditions on or
before .
4.03 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01
above and that Owner will suffer financial and other losses if the Work is not completed
and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any
extensions thereof allowed in accordance with the Contract. The parties also recognize the
delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the
actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of
requiring any such proof, Owner and Contractor agree that as liquidated damages for delay
(but not as a penalty):
EJCDC®C-520,Agreement Between Owner and Contractor for Construction Contract(Stipulated Price).
Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 1 of 6

1. Substantial Completion: Contractor shall pay Owner $500 for each day that expires
after the time (as duly adjusted pursuant to the Contract) specified in Paragraph
4.02.A above for Substantial Completion until the Work is substantially complete.
2. Completion of Remaining Work: After Substantial Completion, if Contractor shall
neglect, refuse, or fail to complete the remaining Work within the Contract Time (as
duly adjusted pursuant to the Contract) for completion and readiness for final
payment, Contractor shall pay Owner $500 for each day that expires after such time
until the Work is completed and ready for final payment.
3. Liquidated damages for failing to timely attain Substantial Completion and final
completion are not additive and will not be imposed concurrently.
4.04 Special Damages
A. In addition to the amount provided for liquidated damages, Contractor shall reimburse
Owner (1)for any fines or penalties imposed on Owner as a direct result of the Contractor's
failure to attain Substantial Completion according to the Contract Times, and (2) for the
actual costs reasonably incurred by Owner for engineering, construction observation,
inspection, and administrative services needed after the time specified in Paragraph 4.02
for Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is
substantially complete.
B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail
to complete the remaining Work within the Contract Times, Contractor shall reimburse
Owner for the actual costs reasonably incurred by Owner for engineering, construction
observation, inspection, and administrative services needed after the time specified in
Paragraph 4.02 for Work to be completed and ready for final payment (as duly adjusted
pursuant to the Contract), until the Work is completed and ready for final payment.
ARTICLE 5—CONTRACT PRICE
5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents the amounts that follow, subject to adjustment under the Contract:
A. For all Work other than Unit Price Work, a lump sum of: $ .
All specific cash allowances are included in the above price in accordance with Paragraph
13.02 of the General Conditions.
B. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit.
ARTICLE 6—PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 15 of the
General Conditions. Applications for Payment will be processed by Engineer as provided in
the General Conditions.
6.02 Progress Payments;Retainage
A. Owner shall make progress payments on account of the Contract Price on the basis of
Contractor's Applications for Payment on or about the 30th day of each month during
performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such
Applications for Payment have been submitted in a timely manner and otherwise meet the
requirements of the Contract. All such payments will be measured by the Schedule of
EJCDC®C-520,Agreement Between Owner and Contractor for Construction Contract(Stipulated Price).
Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 2 of 6

Values established as provided in the General Conditions (and in the case of Unit Price
Work based on the number of units completed) or, in the event there is no Schedule of
Values, as provided elsewhere in the Contract.
1. Prior to Substantial Completion, progress payments will be made in an amount equal
to the percentage indicated below but, in each case, less the aggregate of payments
previously made and less such amounts as Owner may withhold, including but not
limited to liquidated damages, in accordance with the Contract
a. 90 percent of Work completed (with the balance being retainage). If the Work has
been 50 percent completed as determined by Engineer, and if the character and
progress of the Work have been satisfactory to Owner and Engineer, then as long
as the character and progress of the Work remain satisfactory to Owner and
Engineer, there will be no additional retainage; and
b. 10 percent of cost of materials and equipment not incorporated in the Work(with
the balance being retainage).
B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total
payments to Contractor to 95 percent of the Work completed, less such amounts set off by
Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of
Engineer's estimate of the value of Work to be completed or corrected as shown on the
punch list of items to be completed or corrected prior to final payment.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of
the General Conditions, Owner shall pay the remainder of the Contract Price as
recommended by Engineer as provided in said Paragraph 15.06.
ARTICLE 7—INTEREST
7.01 All amounts not paid when due shall bear interest at the rate of 0 percent per annum.
ARTICLE 8—CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce Owner to enter into this Contract, Contractor makes the following
representations:
A. Contractor has examined and carefully studied the Contract Documents, and any data and
reference items identified in the Contract Documents.
B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site
and adjacent areas, and become familiar with and is satisfied as to the general, local, and
Site conditions that may affect cost, progress, and performance of the Work.
C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect
cost, progress, and performance of the Work.
D. Contractor has considered the information known to Contractor itself; information
commonly known to contractors doing business in the locality of the Site; information and
observations obtained from visits to the Site; the Contract Documents; and the Site-related
reports and drawings identified in the Contract Documents, with respect to the effect of
such information, observations, and documents on (1) the cost, progress, and performance
of the Work; (2) the means, methods, techniques, sequences, and procedures of
EJCDC®C-520,Agreement Between Owner and Contractor for Construction Contract(Stipulated Price).
Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 3 of 6

construction to be employed by Contractor; and (3) Contractor's safety precautions and
programs.
E. Based on the information and observations referred to in the preceding paragraph,
Contractor agrees that no further examinations, investigations, explorations, tests, studies,
or data are necessary for the performance of the Work at the Contract Price, within the
Contract Times, and in accordance with the other terms and conditions of the Contract.
F. Contractor is aware of the general nature of work to be performed by Owner and others at
the Site that relates to the Work as indicated in the Contract Documents.
G. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents, and the written
resolution thereof by Engineer is acceptable to Contractor.
H. The Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing of the Work.
I. Contractor's entry into this Contract constitutes an incontrovertible representation by
Contractor that without exception all prices in the Agreement are premised upon
performing and furnishing the Work required by the Contract Documents.
ARTICLE 9—CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 1 to 6, inclusive).
2. Performance bond (pages 1 to 3 inclusive).
3. Payment bond (pages 1 to 3 inclusive).
4. General Conditions (pages 1 to 65, inclusive).
5. Supplementary Conditions (pages 1 to 30, inclusive).
6. Drawings (not attached but incorporated by reference) consisting of 4 sheets with
each sheet bearing the following general title: Chapel Ridge Influent Screen
Improvements .
7. Exhibits to this Agreement (enumerated as follows):
a. Contractor's Bid (pages 1 to 3 inclusive).
8. The following which may be delivered or issued on or after the Effective Date of the
Contract and are not attached hereto:
a. Notice to Proceed.
b. Work Change Directives.
c. Change Orders.
d. Field Orders.
B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as
expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
EJCDC®C-520,Agreement Between Owner and Contractor for Construction Contract(Stipulated Price).
Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 4 of 6

D. The Contract Documents may only be amended, modified, or supplemented as provided in
the General Conditions.
ARTICLE 10—MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings stated in the General Conditions and
the Supplementary Conditions.
10.02 Assignment of Contract
A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of
any rights under or interests in the Contract will be binding on another party hereto
without the written consent of the party sought to be bound; and, specifically but without
limitation, money that may become due and money that is due may not be assigned
without such consent (except to the extent that the effect of this restriction may be limited
by law), and unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents.
10.03 Successors and Assigns
A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to
the other party hereto, its successors, assigns, and legal representatives in respect to all
covenants, agreements, and obligations contained in the Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under
any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue
to be valid and binding upon Owner and Contractor, who agree that the Contract
Documents shall be reformed to replace such stricken provision or part thereof with a valid
and enforceable provision that comes as close as possible to expressing the intention of the
stricken provision.
10.05 Contractor's Certifications
A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive
practices in competing for or in executing the Contract. For the purposes of this Paragraph
10.05:
1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of
value likely to influence the action of a public official in the bidding process or in the
Contract execution;
2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to
influence the bidding process or the execution of the Contract to the detriment of
Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c)
to deprive Owner of the benefits of free and open competition;
3. "collusive practice" means a scheme or arrangement between two or more Bidders,
with or without the knowledge of Owner, a purpose of which is to establish Bid prices
at artificial, non-competitive levels; and
EJCDC®C-520,Agreement Between Owner and Contractor for Construction Contract(Stipulated Price).
Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 5 of 6

4. "coercive practice" means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in the bidding process or
affect the execution of the Contract.
10.06 Other Provisions
A. Owner stipulates that if the General Conditions that are made a part of this Contract are
based on EJCDC° C-700, Standard General Conditions for the Construction Contract,
published by the Engineers Joint Contract Documents Committee®, and if Owner is the
party that has furnished said General Conditions, then Owner has plainly shown all
modifications to the standard wording of such published document to the Contractor,
through a process such as highlighting or "track changes" (redline/strikeout), or in the
Supplementary Conditions.
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.
This Agreement will be effective on (which is the Effective Date of the Contract).
OWNER: CONTRACTOR:
By: By:
Title: Title:
(If Contractor is a corporation, a partnership, or a joint
venture, attach evidence of authority to sign.)
Attest: Attest:
Title: Title:
Address for giving notices: Address for giving notices:
License No.:
(where applicable)
(If Owner is a corporation, attach evidence of authority NOTE TO USER: Use in those states or other
to sign. If Owner is a public body, attach evidence of jurisdictions where applicable or required.
authority to sign and resolution or other documents
authorizing execution of this Agreement.)
EJCDC®C-520,Agreement Between Owner and Contractor for Construction Contract(Stipulated Price).
Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 6 of 6

LNG INTER;JOINT CONTRACT
DOCUMENTS GOMMII"II-l':
NOTICE TO PROCEED
Owner: Aqua North Carolina Owner's Contract No.:
Contractor: Contractor's Project No.:
Engineer: RK&K Engineer's Project No.:
Project: Chapel Ridge Contract Name:
Effective Date of Contract:
TO CONTRACTOR:
Owner hereby notifies Contractor that the Contract Times under the above Contract will commence to run on
. [see Paragraph 4.01 of the General Conditions]
On that date, Contractor shall start performing its obligations under the Contract Documents. No Work shall be
done at the Site prior to such date. In accordance with the Agreement, the date of Substantial Completion is
and the date of readiness for final payment is
Before starting any Work at the Site, Contractor must comply with the following:
[Note any access limitations, security procedures, or other restrictions]
Owner:
Authorized Signature
By:
Title:
Date Issued:
Copy: Engineer
EJCDC®C-550,Notice to Proceed.
Prepared and published 2013 by the Engineers Joint Contract Documents Committee.
Page 1 of 1

CDC.0. 1 +nm
EN@NEERS JOINT CONTRACT
DOCUMENTS COMnMIT,E(i,.......... PERFORMANCE BOND
CONTRACTOR(name and address): SURETY(name and address of principal place of business):
OWNER(name and address):
CONSTRUCTION CONTRACT
Effective Date of the Agreement:
Amount:
Description (name and location):
BOND
Bond Number:
Date (not earlier than the Effective Date of the Agreement of the Construction Contract):
Amount:
Modifications to this Bond Form: None See Paragraph 16
Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause
this Performance Bond to be duly executed by an authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL SURETY
(seal) (seal)
Contractor's Name and Corporate Seal Surety's Name and Corporate Seal
By: By:
Signature Signature(attach power of attorney)
Print Name Print Name
Title Title
Attest: Attest:
Signature Signature
Title Title
Notes:(1)Provide supplemental execution by any additional parties,such as joint venturers.(2)Any singular reference to
Contractor,Surety,Owner,or other party shall be considered plural where applicable.
EJCDC®C-610,Performance Bond
Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. 1 of 3

1. The Contractor and Surety, jointly and severally, bind to be secured with performance and payment bonds executed
themselves, their heirs, executors, administrators, successors, and by a qualified surety equivalent to the bonds issued on the
assigns to the Owner for the performance of the Construction Construction Contract, and pay to the Owner the amount of
Contract,which is incorporated herein by reference. damages as described in Paragraph 7 in excess of the Balance of
the Contract Price incurred by the Owner as a result of the
2. If the Contractor performs the Construction Contract,the Surety Contractor Default;or
and the Contractor shall have no obligation under this Bond, except
when applicable to participate in a conference as provided in 5.4 Waive its right to perform and complete, arrange for
Paragraph 3. completion, or obtain a new contractor, and with reasonable
promptness under the circumstances:
3. If there is no Owner Default under the Construction Contract,
the Surety's obligation under this Bond shall arise after: 5.4.1 After investigation, determine the amount for
which it may be liable to the Owner and, as soon as
3.1 The Owner first provides notice to the Contractor and practicable after the amount is determined, make payment
the Surety that the Owner is considering declaring a Contractor to the Owner;or
Default. Such notice shall indicate whether the Owner is
requesting a conference among the Owner, Contractor, and 5.4.2 Deny liability in whole or in part and notify the
Surety to discuss the Contractor's performance. If the Owner Owner,citing the reasons for denial.
does not request a conference, the Surety may, within five (5)
business days after receipt of the Owner's notice, request such a 6. If the Surety does not proceed as provided in Paragraph 5 with
conference. If the Surety timely requests a conference, the reasonable promptness, the Surety shall be deemed to be in default
Owner shall attend. Unless the Owner agrees otherwise, any on this Bond seven days after receipt of an additional written notice
conference requested under this Paragraph 3.1 shall be held from the Owner to the Surety demanding that the Surety perform its
within ten (10) business days of the Surety's receipt of the obligations under this Bond, and the Owner shall be entitled to
Owner's notice. If the Owner, the Contractor, and the Surety enforce any remedy available to the Owner. If the Surety proceeds as
agree, the Contractor shall be allowed a reasonable time to provided in Paragraph 5.4,and the Owner refuses the payment or the
perform the Construction Contract, but such an agreement shall Surety has denied liability, in whole or in part,without further notice
not waive the Owner's right, if any, subsequently to declare a the Owner shall be entitled to enforce any remedy available to the
Contractor Default; Owner.
3.2 The Owner declares a Contractor Default, terminates 7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3,then
the Construction Contract and notifies the Surety;and the responsibilities of the Surety to the Owner shall not be greater
than those of the Contractor under the Construction Contract, and
3.3 The Owner has agreed to pay the Balance of the the responsibilities of the Owner to the Surety shall not be greater
Contract Price in accordance with the terms of the Construction than those of the Owner under the Construction Contract. Subject to
Contract to the Surety or to a contractor selected to perform the the commitment by the Owner to pay the Balance of the Contract
Construction Contract. Price,the Surety is obligated,without duplication for:
4. Failure on the part of the Owner to comply with the notice 7.1 the responsibilities of the Contractor for correction of
requirement in Paragraph 3.1 shall not constitute a failure to comply defective work and completion of the Construction Contract;
with a condition precedent to the Surety's obligations, or release the
Surety from its obligations, except to the extent the Surety 7.2 additional legal, design professional, and delay costs
demonstrates actual prejudice. resulting from the Contractor's Default, and resulting from the
actions or failure to act of the Surety under Paragraph 5;and
5. When the Owner has satisfied the conditions of Paragraph 3,the
Surety shall promptly and at the Surety's expense take one of the 7.3 liquidated damages, or if no liquidated damages are
following actions: specified in the Construction Contract,actual damages caused by
delayed performance or non-performance of the Contractor.
5.1 Arrange for the Contractor, with the consent of the
Owner,to perform and complete the Construction Contract; 8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the
Surety's liability is limited to the amount of this Bond.
5.2 Undertake to perform and complete the Construction
Contract itself,through its agents or independent contractors; 9. The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Construction
5.3 Obtain bids or negotiated proposals from qualified Contract, and the Balance of the Contract Price shall not be reduced
contractors acceptable to the Owner for a contract for or set off on account of any such unrelated obligations. No right of
performance and completion of the Construction Contract, action shall accrue on this Bond to any person or entity other than
arrange for a contract to be prepared for execution by the the Owner or its heirs, executors, administrators, successors, and
Owner and a contractor selected with the Owners concurrence, assigns.
EJCDC®C-610,Performance Bond
Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. 2 of 3

10. The Surety hereby waives notice of any change, including for damages to which the Contractor is entitled, reduced by all
changes of time, to the Construction Contract or to related valid and proper payments made to or on behalf of the
subcontracts,purchase orders,and other obligations. Contractor under the Construction Contract.
11. Any proceeding, legal or equitable, under this Bond may be 14.2 Construction Contract: The agreement between the
instituted in any court of competent jurisdiction in the location in Owner and Contractor identified on the cover page, including all
which the work or part of the work is located and shall be instituted Contract Documents and changes made to the agreement and
within two years after a declaration of Contractor Default or within the Contract Documents.
two years after the Contractor ceased working or within two years
after the Surety refuses or fails to perform its obligations under this 14.3 Contractor Default: Failure of the Contractor, which
Bond, whichever occurs first. If the provisions of this paragraph are has not been remedied or waived, to perform or otherwise to
void or prohibited by law, the minimum periods of limitations comply with a material term of the Construction Contract.
available to sureties as a defense in the jurisdiction of the suit shall be
applicable. 14.4 Owner Default: Failure of the Owner, which has not
been remedied or waived, to pay the Contractor as required
12. Notice to the Surety, the Owner, or the Contractor shall be under the Construction Contract or to perform and complete or
mailed or delivered to the address shown on the page on which their comply with the other material terms of the Construction
signature appears. Contract.
13. When this Bond has been furnished to comply with a statutory 14.5 Contract Documents: All the documents that comprise
or other legal requirement in the location where the construction was the agreement between the Owner and Contractor.
to be performed, any provision in this Bond conflicting with said
statutory or legal requirement shall be deemed deleted herefrom and 15. If this Bond is issued for an agreement between a contractor and
provisions conforming to such statutory or other legal requirement subcontractor, the term Contractor in this Bond shall be deemed to
shall be deemed incorporated herein. When so furnished,the intent be Subcontractor and the term Owner shall be deemed to be
is that this Bond shall be construed as a statutory bond and not as a Contractor.
common law bond.
16. Modifications to this Bond are as follows:
14. Definitions
14.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made including
allowance for the Contractor for any amounts received or to be
received by the Owner in settlement of insurance or other claims
EJCDC®C-610,Performance Bond
Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. 3 of 3

Liouuml cc7 r rlr�Cr _ PAYMENT BOND
CONTRACTOR(name and address): SURETY(name and address of principal place of business):
OWNER(name and address):
CONSTRUCTION CONTRACT
Effective Date of the Agreement:
Amount:
Description (name and location):
BOND
Bond Number:
Date (not earlier than the Effective Date of the Agreement of the Construction Contract):
Amount:
Modifications to this Bond Form: None See Paragraph 18
Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause
this Payment Bond to be duly executed by an authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL SURETY
(seal) (seal)
Contractor's Name and Corporate Seal Surety's Name and Corporate Seal
By: By:
Signature Signature(attach power of attorney)
Print Name Print Name
Title Title
Attest: Attest:
Signature Signature
Title Title
Notes: (1)Provide supplemental execution by any additional parties,such as joint venturers. (2)Any singular reference
to Contractor,Surety, Owner,or other party shall be considered plural where applicable.
EJCDC®C-615,Payment Bond
Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. 1 of 3

6. If a notice of non-payment required by Paragraph 5.1.1 is
1. The Contractor and Surety, jointly and severally, bind given by the Owner to the Contractor, that is sufficient to
themselves, their heirs, executors, administrators, satisfy a Claimant's obligation to furnish a written notice of
successors, and assigns to the Owner to pay for labor, non-payment under Paragraph 5.1.1.
materials, and equipment furnished for use in the
performance of the Construction Contract, which is 7. When a Claimant has satisfied the conditions of Paragraph
incorporated herein by reference, subject to the following 5.1 or 5.2, whichever is applicable, the Surety shall
terms. promptly and at the Surety's expense take the following
actions:
2. If the Contractor promptly makes payment of all sums due
to Claimants, and defends, indemnifies, and holds 7.1 Send an answer to the Claimant,with a copy to the
harmless the Owner from claims, demands, liens, or suits Owner, within sixty (60) days after receipt of the
by any person or entity seeking payment for labor, Claim,stating the amounts that are undisputed and
materials, or equipment furnished for use in the the basis for challenging any amounts that are
performance of the Construction Contract,then the Surety disputed;and
and the Contractor shall have no obligation under this
Bond. 7.2 Pay or arrange for payment of any undisputed
amounts.
3. If there is no Owner Default under the Construction
Contract, the Surety's obligation to the Owner under this 7.3 The Surety's failure to discharge its obligations
Bond shall arise after the Owner has promptly notified the under Paragraph 7.1 or 7.2 shall not be deemed to
Contractor and the Surety (at the address described in constitute a waiver of defenses the Surety or
Paragraph 13) of claims, demands, liens, or suits against Contractor may have or acquire as to a Claim,
the Owner or the Owner's property by any person or except as to undisputed amounts for which the
entity seeking payment for labor, materials, or equipment Surety and Claimant have reached agreement. If,
furnished for use in the performance of the Construction however, the Surety fails to discharge its
Contract, and tendered defense of such claims, demands, obligations under Paragraph 7.1 or 7.2, the Surety
liens,or suits to the Contractor and the Surety. shall indemnify the Claimant for the reasonable
attorney's fees the Claimant incurs thereafter to
4. When the Owner has satisfied the conditions in Paragraph recover any sums found to be due and owing to
3, the Surety shall promptly and at the Surety's expense the Claimant.
defend, indemnify,and hold harmless the Owner against a
duly tendered claim,demand,lien,or suit. 8. The Surety's total obligation shall not exceed the amount
of this Bond, plus the amount of reasonable attorney's
5. The Surety's obligations to a Claimant under this Bond fees provided under Paragraph 7.3,and the amount of this
shall arise after the following: Bond shall be credited for any payments made in good
faith by the Surety.
5.1 Claimants who do not have a direct contract with
the Contractor, 9. Amounts owed by the Owner to the Contractor under the
Construction Contract shall be used for the performance
5.1.1 have furnished a written notice of non- of the Construction Contract and to satisfy claims, if any,
payment to the Contractor, stating with under any construction performance bond. By the
substantial accuracy the amount claimed Contractor furnishing and the Owner accepting this Bond,
and the name of the party to whom the they agree that all funds earned by the Contractor in the
materials were, or equipment was, performance of the Construction Contract are dedicated
furnished or supplied or for whom the to satisfy obligations of the Contractor and Surety under
labor was done or performed, within this Bond, subject to the Owner's priority to use the funds
ninety (90) days after having last for the completion of the work.
performed labor or last furnished
materials or equipment included in the 10. The Surety shall not be liable to the Owner, Claimants, or
Claim;and others for obligations of the Contractor that are unrelated
to the Construction Contract. The Owner shall not be
5.1.2 have sent a Claim to the Surety (at the liable for the payment of any costs or expenses of any
address described in Paragraph 13). Claimant under this Bond, and shall have under this Bond
no obligation to make payments to or give notice on
5.2 Claimants who are employed by or have a direct behalf of Claimants, or otherwise have any obligations to
contract with the Contractor have sent a Claim to Claimants under this Bond.
the Surety (at the address described in Paragraph
13). 11. The Surety hereby waives notice of any change, including
changes of time,to the Construction Contract or to related
subcontracts,purchase orders,and other obligations.
EJCDC®C-615,Payment Bond
Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. 2 of 3

12. No suit or action shall be commenced by a Claimant under 8. The total amount due and unpaid to the
this Bond other than in a court of competent jurisdiction in Claimant for labor, materials, or equipment
the state in which the project that is the subject of the furnished as of the date of the Claim.
Construction Contract is located or after the expiration of
one year from the date (1) on which the Claimant sent a 16.2 Claimant: An individual or entity having a direct
Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or contract with the Contractor or with a
(2) on which the last labor or service was performed by subcontractor of the Contractor to furnish labor,
anyone or the last materials or equipment were furnished materials,or equipment for use in the performance
by anyone under the Construction Contract, whichever of of the Construction Contract. The term Claimant
(1) or (2) first occurs. If the provisions of this paragraph also includes any individual or entity that has
are void or prohibited by law, the minimum period of rightfully asserted a claim under an applicable
limitation available to sureties as a defense in the mechanic's lien or similar statute against the real
jurisdiction of the suit shall be applicable. property upon which the Project is located. The
intent of this Bond shall be to include without
13. Notice and Claims to the Surety, the Owner, or the limitation in the terms of "labor, materials, or
Contractor shall be mailed or delivered to the address equipment" that part of the water, gas, power,
shown on the page on which their signature appears. light, heat, oil, gasoline, telephone service, or
Actual receipt of notice or Claims, however accomplished, rental equipment used in the Construction
shall be sufficient compliance as of the date received. Contract, architectural and engineering services
required for performance of the work of the
14. When this Bond has been furnished to comply with a Contractor and the Contractor's subcontractors,
statutory or other legal requirement in the location where and all other items for which a mechanic's lien may
the construction was to be performed, any provision in be asserted in the jurisdiction where the labor,
this Bond conflicting with said statutory or legal materials,or equipment were furnished.
requirement shall be deemed deleted herefrom and
provisions conforming to such statutory or other legal 16.3 Construction Contract: The agreement between
requirement shall be deemed incorporated herein. When the Owner and Contractor identified on the cover
so furnished,the intent is that this Bond shall be construed page, including all Contract Documents and all
as a statutory bond and not as a common law bond. changes made to the agreement and the Contract
Documents.
15. Upon requests by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor and 16.4 Owner Default: Failure of the Owner, which has
Owner shall promptly furnish a copy of this Bond or shall not been remedied or waived, to pay the
permit a copy to be made. Contractor as required under the Construction
Contract or to perform and complete or comply
16. Definitions with the other material terms of the Construction
Contract.
16.1 Claim: A written statement by the Claimant
including at a minimum: 16.5 Contract Documents: All the documents that
comprise the agreement between the Owner and
1. The name of the Claimant; Contractor.
2. The name of the person for whom the labor
was done, or materials or equipment 17. If this Bond is issued for an agreement between a
furnished; contractor and subcontractor, the term Contractor in this
3. A copy of the agreement or purchase order Bond shall be deemed to be Subcontractor and the term
pursuant to which labor, materials, or Owner shall be deemed to be Contractor.
equipment was furnished for use in the
performance of the Construction Contract; 18.Modifications to this Bond are as follows:
4. A brief description of the labor, materials, or
equipment furnished;
5. The date on which the Claimant last
performed labor or last furnished materials or
equipment for use in the performance of the
Construction Contract;
6. The total amount earned by the Claimant for
labor, materials, or equipment furnished as of
the date of the Claim;
7. The total amount of previous payments
received by the Claimant;and
EJCDC®C-615,Payment Bond
Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. 3 of 3

Contractor's Application for Payment No.
HNSMlRG MINI C)N7f2Al;T Application Application Date:
DOCUMENTS CO MMITTEF Period:
To From(Contractor): Via(Engineer):
(Owner):
Project Contract:
Owner's Contract No.: Contractor's Project No.: Engineer's Project No.:
Application For Payment
Change Order Summary
Approved Change Orders 1.ORIGINAL CONTRACT PRICE $
Number Additions Deductions 2.Net change by Change Orders $
3.Current Contract Price(Line 1±2) $
4.TOTAL COMPLETED AND STORED TO DATE
(Colunm F total on Progress Estimates) $
5.RETAINAGE:
a. X Work Completed $
b. X Stored Material $
c.Total Retainage(Line 5.a+Line 5.6) $
6.AMOUNT ELIGIBLE TO DATE(Line 4-Line 5.c) $
TOTALS 7.LESS PREVIOUS PAYMENTS(Line 6 from prior Application) $
NET CHANGE BY 8.AMOUNT DUE THIS APPLICATION $
CHANGE ORDERS 9.BALANCE TO FINISH,PLUS RETAINAGE
(Colunm G total on Progress Estimates+Line 5.c above) $
Contractor's Certification
The undersigned Contractor certifies,to the best of its knowledge,the following: Payment of:
(1)All previous progress payments received from Owner on account of Work done under the Contract
have been applied on account to discharge Contractor's legitimate obligations incurred in connection (Line 8 or other-attach explanation of the other amount)
with the Work covered by prior Applications for Payment;
(2)Title to all Work,materials and equipment incorporated in said Work,or otherwise listed in or
covered by this Application for Payment,will pass to Owner at time of payment free and clear of all is recommended by:
Liens,security interests,and encumbrances(except such as are covered by a bond acceptable to Owner (Engineer) (Date)
indemnifying Owner against any such Liens,security interest,or encumbrances);and
(3)All the Work covered by this Application for Payment is in accordance with the Contract Documents
and is not defective. Payment of:
(Line 8 or other-attach explanation of the other amount)
is approved by:
(Owner) (Date)
Contractor Signature
By: Date: Approved by:
Funding or Financing Entity(if applicable) (Date)
EJCDC®C-620 Contractor's Application for Payment
©2013 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 1 of 4

Progress Estimate-Lump Sum Work Contractor's Application
For(Contract): Application Number:
Application Period: Application Date:
Work Completed E F Q
A B C D Materials Presently Total Completed Balance to Finish
Specification Section From Previous Application Stored(not in C or D) and Stored to Date / (B-F)
No. Description Scheduled Value($) (C+D) This Period (C+D+E) (F/B)
ITotals
EJCDC®C-620 Contractor's Application for Payment
®2013 National Society of Professional Engineers for EJCDC.All rights reserved.
Page 2 of

Progress Estimate-Unit Price Work Contractor's Application
For(Contract): Application Number:
Application Period Application Date
A B C D E F
Item Contract Information
Estimated Value of Work Total Completed
Materials Presently 0/0Balance to Finish
Bid Item No. Description Item Units unit Rice Total Value Quantity Installed to Stored(not in C) avd storeato Date (F/B) F)
Quantity of Item($) Installed Date (D+E)
I Totals I
EJCDC®C-620 Contractor's Application for Payment
®2013 National Society of Professional Engineers for EJCD C.All rights reserved
Page 3 of 4

Stored Material Summary Contractor's Application
For(Contract): Application Number:
Application Period: Application Date:
A B C D E Subtotal Amount F G
Submittal No. Stored Previously Incorporated in Work Materials
Bid Completed and
Supplier (with Storage Dale Placed Amount Stored Remaining in
Item Description of Materials or Equipment Stored Amount Stored to Dale Dale(Mouth/ Amount
Invoice No. Specification Location into Storage this Month($) Storage($)
No. Section No.) (Month/Year) ($) (D+E) Year) ($) (D+E-F)
I I I I Totals
EJCDC®C-620 Contractors Application for Payment
®2013 National Society of Professional Engineers for EJCDC.All rights reserved.
Page 4 of4

r N(al NUF2,Ic-INT CON7rinr,7
UOCUMUNTS GOMMII"If E
CERTIFICATE OF SUBSTANTIAL COMPLETION
Owner: Owner's Contract No.:
Contractor: Contractor's Project No.:
Engineer: Engineer's Project No.:
Project: Contract Name:
This [preliminary] [final] Certificate of Substantial Completion applies to:
n All Work n The following specified portions of the Work:
Date of Substantial Completion
The Work to which this Certificate applies has been inspected by authorized representatives of Owner, Contractor, and
Engineer, and found to be substantially complete. The Date of Substantial Completion of the Work or portion thereof
designated above is hereby established, subject to the provisions of the Contract pertaining to Substantial Completion.
The date of Substantial Completion in the final Certificate of Substantial Completion marks the commencement of the
contractual correction period and applicable warranties required by the Contract.
A punch list of items to be completed or corrected is attached to this Certificate. This list may not be all-inclusive, and
the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in
accordance with the Contract.
The responsibilities between Owner and Contractor for security, operation, safety, maintenance, heat, utilities,
insurance, and warranties upon Owner's use or occupancy of the Work shall be as provided in the Contract, except as
amended as follows: [Note:Amendments of contractual responsibilities recorded in this Certificate should be the product
of mutual agreement of Owner and Contractor;see Paragraph 15.03.D of the General Conditions.]
Amendments to Owner's
responsibilities: n None
nAs follows
Amendments to
Contractor's responsibilities: n None
nAs follows:
The following documents are attached to and made a part of this Certificate: [punch list;others]
This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents, nor is it a
release of Contractor's obligation to complete the Work in accordance with the Contract.
EXECUTED BY ENGINEER: RECEIVED: RECEIVED:
By: By: By:
(Authorized signature) Owner(Authorized Signature) Contractor(Authorized Signature)
Title: Title: Title:
Date: Date: Date:
EJCDC C-625,Certificate of Substantial Completion.
Prepared and published 2013 by the Engineers Joint Contract Documents Committee.
Page 1 of 1

This document has important legal consequences; consultation with an attorney is encouraged with
respect to its use or modification. This document should be adapted to the particular circumstances of
the contemplated Project and the controlling Laws and Regulations.
STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
Prepared by
1111
mo
IE
NGII N IE E RS JO Ni CO TRACI
DOCU MEN INS COMMIT TEE
lssued and Published Jointly by
�.HUN fit o Nfi ISqEfi NUN( (.0 • U"A'fifi
el'r91.f41,AN Y1(14 04 (,I`✓EL l WIMP 11,
,rw
0.7= National Society of
Professional.Engineers
EJCDC®C-700,Standard General Conditions of the Construction Contract.
Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.

These General Conditions have been prepared for use with the Agreement Between Owner and
Contractor for Construction Contract (EJCDC® C-520, Stipulated Sum, or C-525, Cost-Plus, 2013 Editions).
Their provisions are interrelated and a change in one may necessitate a change in the other.
To prepare supplementary conditions that are coordinated with the General Conditions, use EJCDC's
Guide to the Preparation of Supplementary Conditions (EJCDC® C-800, 2013 Edition). The full EJCDC
Construction series of documents is discussed in the Commentary on the 2013 EJCDC Construction
Documents (EJCDC® C-001, 2013 Edition).
Copyright © 2013:
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314-2794
[phone]
www.nspe.org
American Council of Engineering Companies
1015 15th Street N.W., Washington, DC 20005
[phone]
www.acec.org
American Society of Civil Engineers
1801 Alexander Bell Drive, Reston,VA 20191-4400
[phone]
www.asce.org
The copyright for this document is owned jointly by the three sponsoring organizations listed above.
The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents;
please direct all inquiries regarding EJCDC copyrights to NSPE.
NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring
organizations above.
EJCDC®C-700,Standard General Conditions of the Construction Contract.
Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.

STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Page
Article 1— Definitions and Terminology 1
1.01 Defined Terms 1
1.02 Terminology 5
Article 2— Preliminary Matters 6
2.01 Delivery of Bonds and Evidence of Insurance 6
2.02 Copies of Documents 6
2.03 Before Starting Construction 7
2.04 Preconstruction Conference; Designation of Authorized Representatives 7
2.05 Initial Acceptance of Schedules 7
2.06 Electronic Transmittals 8
Article 3 — Documents: Intent, Requirements, Reuse 8
3.01 Intent 8
3.02 Reference Standards 8
3.03 Reporting and Resolving Discrepancies 9
3.04 Requirements of the Contract Documents 9
3.05 Reuse of Documents 10
Article 4—Commencement and Progress of the Work 10
4.01 Commencement of Contract Times; Notice to Proceed 10
4.02 Starting the Work 10
4.03 Reference Points 11
4.04 Progress Schedule 11
4.05 Delays in Contractor's Progress 11
Article 5—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental
Conditions 12
5.01 Availability of Lands 12
5.02 Use of Site and Other Areas 12
5.03 Subsurface and Physical Conditions 13
5.04 Differing Subsurface or Physical Conditions 14
5.05 Underground Facilities 15
EJCDC®C-700,Standard General Conditions of the Construction Contract.
Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page i

5.06 Hazardous Environmental Conditions at Site 17
Article 6— Bonds and Insurance 19
6.01 Performance, Payment, and Other Bonds 19
6.02 Insurance—General Provisions 20
6.03 Contractor's Insurance 21
6.04 Owner's Liability Insurance 23
6.05 Property Insurance 23
6.06 Waiver of Rights 25
6.07 Receipt and Application of Property Insurance Proceeds 26
Article 7—Contractor's Responsibilities 27
7.01 Supervision and Superintendence 27
7.02 Labor; Working Hours 27
7.03 Services, Materials, and Equipment 27
7.04 "Or Equals" 27
7.05 Substitutes 29
7.06 Concerning Subcontractors, Suppliers, and Others 30
7.07 Patent Fees and Royalties 32
7.08 Permits 32
7.09 Taxes 32
7.10 Laws and Regulations 32
7.11 Record Documents 33
7.12 Safety and Protection 33
7.13 Safety Representative 34
7.14 Hazard Communication Programs 34
7.15 Emergencies 34
7.16 Shop Drawings, Samples, and Other Submittals 35
7.17 Contractor's General Warranty and Guarantee 37
7.18 Indemnification 38
7.19 Delegation of Professional Design Services 38
Article 8—Other Work at the Site 39
8.01 Other Work 39
8.02 Coordination 40
8.03 Legal Relationships 40
EJCDC®C-700,Standard General Conditions of the Construction Contract.
Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page ii

Article 9—Owner's Responsibilities 41
9.01 Communications to Contractor 41
9.02 Replacement of Engineer 41
9.03 Furnish Data 41
9.04 Pay When Due 41
9.05 Lands and Easements; Reports,Tests, and Drawings 41
9.06 Insurance 42
9.07 Change Orders 42
9.08 Inspections,Tests, and Approvals 42
9.09 Limitations on Owner's Responsibilities 42
9.10 Undisclosed Hazardous Environmental Condition 42
9.11 Evidence of Financial Arrangements 42
9.12 Safety Programs 42
Article 10— Engineer's Status During Construction 42
10.01 Owner's Representative 42
10.02 Visits to Site 42
10.03 Project Representative 43
10.04 Rejecting Defective Work 43
10.05 Shop Drawings, Change Orders and Payments 43
10.06 Determinations for Unit Price Work 43
10.07 Decisions on Requirements of Contract Documents and Acceptability of Work 43
10.08 Limitations on Engineer's Authority and Responsibilities 44
10.09 Compliance with Safety Program 44
Article 11—Amending the Contract Documents; Changes in the Work 44
11.01 Amending and Supplementing Contract Documents 44
11.02 Owner-Authorized Changes in the Work 45
11.03 Unauthorized Changes in the Work 45
11.04 Change of Contract Price 46
11.05 Change of Contract Times 47
11.06 Change Proposals 47
11.07 Execution of Change Orders 48
11.08 Notification to Surety 48
Article 12—Claims 48
EJCDC®C-700,Standard General Conditions of the Construction Contract.
Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page iii

12.01 Claims 48
Article 13—Cost of the Work; Allowances; Unit Price Work 49
13.01 Cost of the Work 49
13.02 Allowances 52
13.03 Unit Price Work 52
Article 14—Tests and Inspections; Correction, Removal or Acceptance of Defective Work 53
14.01 Access to Work 53
14.02 Tests, Inspections, and Approvals 53
14.03 Defective Work 54
14.04 Acceptance of Defective Work 55
14.05 Uncovering Work 55
14.06 Owner May Stop the Work 55
14.07 Owner May Correct Defective Work 56
Article 15— Payments to Contractor; Set-Offs; Completion; Correction Period 56
15.01 Progress Payments 56
15.02 Contractor's Warranty of Title 59
15.03 Substantial Completion 60
15.04 Partial Use or Occupancy 60
15.05 Final Inspection 61
15.06 Final Payment 61
15.07 Waiver of Claims 62
15.08 Correction Period 63
Article 16—Suspension of Work and Termination 64
16.01 Owner May Suspend Work 64
16.02 Owner May Terminate for Cause 64
16.03 Owner May Terminate For Convenience 65
16.04 Contractor May Stop Work or Terminate 65
Article 17— Final Resolution of Disputes 66
17.01 Methods and Procedures 66
Article 18— Miscellaneous 66
18.01 Giving Notice 66
18.02 Computation of Times 66
18.03 Cumulative Remedies 66
EJCDC®C-700,Standard General Conditions of the Construction Contract.
Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page iv

18.04 Limitation of Damages 67
18.05 No Waiver 67
18.06 Survival of Obligations 67
18.07 Controlling Law 67
18.08 Headings 67
EJCDC®C-700,Standard General Conditions of the Construction Contract.
Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page v

ARTICLE 1—DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with
initial capital letters, including the term's singular and plural forms, will have the meaning
indicated in the definitions below. In addition to terms specifically defined, terms with
initial capital letters in the Contract Documents include references to identified articles and
paragraphs, and the titles of other documents or forms.
1. Addenda—Written or graphic instruments issued prior to the opening of Bids which
clarify, correct, or change the Bidding Requirements or the proposed Contract
Documents.
2. Agreement—The written instrument, executed by Owner and Contractor, that sets
forth the Contract Price and Contract Times, identifies the parties and the Engineer,
and designates the specific items that are Contract Documents.
3. Application for Payment—The form acceptable to Engineer which is to be used by
Contractor during the course of the Work in requesting progress or final payments and
which is to be accompanied by such supporting documentation as is required by the
Contract Documents.
4. Bid—The offer of a Bidder submitted on the prescribed form setting forth the prices
for the Work to be performed.
5. Bidder—An individual or entity that submits a Bid to Owner.
6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents,
and all Addenda.
7. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders,
Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments.
8. Change Order—A document which is signed by Contractor and Owner and authorizes
an addition, deletion, or revision in the Work or an adjustment in the Contract Price or
the Contract Times, or other revision to the Contract, issued on or after the Effective
Date of the Contract.
9. Change Proposal—A written request by Contractor, duly submitted in compliance with
the procedural requirements set forth herein, seeking an adjustment in Contract Price
or Contract Times, or both; contesting an initial decision by Engineer concerning the
requirements of the Contract Documents or the acceptability of Work under the
Contract Documents; challenging a set-off against payments due; or seeking other
relief with respect to the terms of the Contract.
10. Claim—(a) A demand or assertion by Owner directly to Contractor, duly submitted in
compliance with the procedural requirements set forth herein: seeking an adjustment
of Contract Price or Contract Times, or both; contesting an initial decision by Engineer
concerning the requirements of the Contract Documents or the acceptability of Work
under the Contract Documents; contesting Engineer's decision regarding a Change
Proposal; seeking resolution of a contractual issue that Engineer has declined to
address; or seeking other relief with respect to the terms of the Contract; or (b) a
demand or assertion by Contractor directly to Owner, duly submitted in compliance
with the procedural requirements set forth herein, contesting Engineer's decision
regarding a Change Proposal; or seeking resolution of a contractual issue that Engineer
EJCDC®C-700,Standard General Conditions of the Construction Contract.
Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 1 of 65

has declined to address. A demand for money or services by a third party is not a
Claim.
11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated
biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other
material of any nature whatsoever that is or becomes listed, regulated, or addressed
pursuant to (a) the Comprehensive Environmental Response, Compensation and
Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); (b) the Hazardous Materials
Transportation Act, 49 U.S.C. §§5501 et seq.; (c) the Resource Conservation and
Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); (d) the Toxic Substances Control Act,
15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the
Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute,
law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating
to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or
dangerous waste, substance, or material.
12. Contract—The entire and integrated written contract between the Owner and
Contractor concerning the Work.
13. Contract Documents—Those items so designated in the Agreement, and which
together comprise the Contract.
14. Contract Price—The money that Owner has agreed to pay Contractor for completion
of the Work in accordance with the Contract Documents. .
15. Contract Times—The number of days or the dates by which Contractor shall: (a)
achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the
Work.
16. Contractor—The individual or entity with which Owner has contracted for
performance of the Work.
17. Cost of the Work—See Paragraph 13.01 for definition.
18. Drawings—The part of the Contract that graphically shows the scope, extent, and
character of the Work to be performed by Contractor.
19. Effective Date of the Contract—The date, indicated in the Agreement, on which the
Contract becomes effective.
20. Engineer—The individual or entity named as such in the Agreement.
21. Field Order—A written order issued by Engineer which requires minor changes in the
Work but does not change the Contract Price or the Contract Times.
22. Hazardous Environmental Condition—The presence at the Site of Constituents of
Concern in such quantities or circumstances that may present a danger to persons or
property exposed thereto. The presence at the Site of materials that are necessary for
the execution of the Work, or that are to be incorporated in the Work, and that are
controlled and contained pursuant to industry practices, Laws and Regulations, and
the requirements of the Contract, does not establish a Hazardous Environmental
Condition.
23. Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes,
rules, regulations, ordinances, codes, and orders of any and all governmental bodies,
agencies, authorities, and courts having jurisdiction.
EJCDC®C-700,Standard General Conditions of the Construction Contract.
Copyright©2013 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved. Page 2 of 65

24. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real
property, or personal property.
25. Milestone—A principal event in the performance of the Work that the Contract
requires Contractor to achieve by an intermediate completion date or by a time prior
to Substantial Completion of all the Work.
26. Notice of Award—The written notice by Owner to a Bidder of Owner's acceptance of
the Bid.
27. Notice to Proceed—A written notice by Owner to Contractor fixing the date on which
the Contract Times will commence to run and on which Contractor shall start to
perform the Work.
28. Owner—The individual or entity with which Contractor has contracted regarding the
Work, and which has agreed to pay Contractor for the performance of the Work,
pursuant to the terms of the Contract.
29. Progress Schedule—A schedule, prepared and maintained by Contractor, describing
the sequence and duration of the activities comprising the Contractor's plan to
accomplish the Work within the Contract Times.
30. Project—The total undertaking to be accomplished for Owner by engineers,
contractors, and others, including planning, study, design, construction, testing,
commissioning, and start-up, and of which the Work to be performed under the
Contract Documents is a part.
31. Project Manual—The written documents prepared for, or made available for,
procuring and constructing the Work, including but not limited to the Bidding
Documents or other construction procurement documents, geotechnical and existing
conditions information, the Agreement, bond forms, General Conditions,
Supplementary Conditions, and Specifications. The contents of the Project Manual
may be bound in one or more volumes.
32. Resident Project Representative—The authorized representative of Engineer assigned
to assist Engineer at the Site. As used herein, the term Resident Project Representative
or "RPR" includes any assistants or field staff of Resident Project Representative.
33. Samples—Physical examples of materials, equipment, or workmanship that are
representative of some portion of the Work and that establish the standards by which
such portion of the Work will be judged.
34. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of
required submittals and the time requirements for Engineer's review of the submittals
and the performance of related construction activities.
35. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating
portions of the Contract Price to various portions of the Work and used as the basis for
reviewing Contractor's Applications for Payment.
36. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or
information that are specifically prepared or assembled by or for Contractor and
submitted by Contractor to illustrate some portion of the Work. Shop Drawings,
whether approved or not, are not Drawings and are not Contract Documents.
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37. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner
upon which the Work is to be performed, including rights-of-way and easements, and
such other lands furnished by Owner which are designated for the use of Contractor.
38. Specifications—The part of the Contract that consists of written requirements for
materials, equipment, systems, standards, and workmanship as applied to the Work,
and certain administrative requirements and procedural matters applicable to the
Work.
39. Subcontractor—An individual or entity having a direct contract with Contractor or with
any other Subcontractor for the performance of a part of the Work.
40. Substantial Completion—The time at which the Work (or a specified part thereof) has
progressed to the point where, in the opinion of Engineer, the Work (or a specified
part thereof) is sufficiently complete, in accordance with the Contract Documents, so
that the Work (or a specified part thereof) can be utilized for the purposes for which it
is intended. The terms "substantially complete" and "substantially completed" as
applied to all or part of the Work refer to Substantial Completion thereof.
41. Successful Bidder—The Bidder whose Bid the Owner accepts, and to which the Owner
makes an award of contract, subject to stated conditions.
42. Supplementary Conditions—The part of the Contract that amends or supplements
these General Conditions.
43. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor
having a direct contract with Contractor or with any Subcontractor to furnish materials
or equipment to be incorporated in the Work by Contractor or a Subcontractor.
44. Technical Data—Those items expressly identified as Technical Data in the
Supplementary Conditions, with respect to either (a) subsurface conditions at the Site,
or physical conditions relating to existing surface or subsurface structures at the Site
(except Underground Facilities) or (b) Hazardous Environmental Conditions at the Site.
If no such express identifications of Technical Data have been made with respect to
conditions at the Site, then the data contained in boring logs, recorded measurements
of subsurface water levels, laboratory test results, and other factual, objective
information regarding conditions at the Site that are set forth in any geotechnical or
environmental report prepared for the Project and made available to Contractor are
hereby defined as Technical Data with respect to conditions at the Site under
Paragraphs 5.03, 5.04, and 5.06.
45. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any
encasements containing such facilities, including but not limited to those that convey
electricity, gases, steam, liquid petroleum products, telephone or other
communications, fiber optic transmissions, cable television, water, wastewater, storm
water, other liquids or chemicals, or traffic or other control systems.
46. Unit Price Work—Work to be paid for on the basis of unit prices.
47. Work—The entire construction or the various separately identifiable parts thereof
required to be provided under the Contract Documents. Work includes and is the
result of performing or providing all labor, services, and documentation necessary to
produce such construction; furnishing, installing, and incorporating all materials and
equipment into such construction; and may include related services such as testing,
start-up, and commissioning, all as required by the Contract Documents.
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48. Work Change Directive—A written directive to Contractor issued on or after the
Effective Date of the Contract, signed by Owner and recommended by Engineer,
ordering an addition, deletion, or revision in the Work.
1.02 Terminology
A. The words and terms discussed in the following paragraphs are not defined but, when used
in the Bidding Requirements or Contract Documents, have the indicated meaning.
B. Intent of Certain Terms or Adjectives:
1. The Contract Documents include the terms "as allowed," "as approved," "as ordered,"
"as directed" or terms of like effect or import to authorize an exercise of professional
judgment by Engineer. In addition, the adjectives "reasonable," "suitable,"
"acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to
describe an action or determination of Engineer as to the Work. It is intended that
such exercise of professional judgment, action, or determination will be solely to
evaluate, in general, the Work for compliance with the information in the Contract
Documents and with the design concept of the Project as a functioning whole as
shown or indicated in the Contract Documents (unless there is a specific statement
indicating otherwise). The use of any such term or adjective is not intended to and
shall not be effective to assign to Engineer any duty or authority to supervise or direct
the performance of the Work, or any duty or authority to undertake responsibility
contrary to the provisions of Article 10 or any other provision of the Contract
Documents.
C. Day:
1. The word "day" means a calendar day of 24 hours measured from midnight to the next
midnight.
D. Defective:
1. The word "defective," when modifying the word "Work," refers to Work that is
unsatisfactory, faulty, or deficient in that it:
a. does not conform to the Contract Documents; or
b. does not meet the requirements of any applicable inspection, reference standard,
test, or approval referred to in the Contract Documents; or
c. has been damaged prior to Engineer's recommendation of final payment (unless
responsibility for the protection thereof has been assumed by Owner at
Substantial Completion in accordance with Paragraph 15.03 or 15.04).
E. Furnish, Install, Perform, Provide:
1. The word "furnish," when used in connection with services, materials, or equipment,
shall mean to supply and deliver said services, materials, or equipment to the Site (or
some other specified location) ready for use or installation and in usable or operable
condition.
2. The word "install," when used in connection with services, materials, or equipment,
shall mean to put into use or place in final position said services, materials, or
equipment complete and ready for intended use.
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3. The words "perform" or "provide," when used in connection with services, materials,
or equipment, shall mean to furnish and install said services, materials, or equipment
complete and ready for intended use.
4. If the Contract Documents establish an obligation of Contractor with respect to
specific services, materials, or equipment, but do not expressly use any of the four
words "furnish," "install," "perform," or "provide," then Contractor shall furnish and
install said services, materials, or equipment complete and ready for intended use.
F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-
known technical or construction industry or trade meaning are used in the Contract
Documents in accordance with such recognized meaning.
ARTICLE 2—PRELIMINARY MATTERS
2.01 Delivery of Bonds and Evidence of Insurance
A. Bonds: When Contractor delivers the executed counterparts of the Agreement to Owner,
Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish.
B. Evidence of Contractor's Insurance: When Contractor delivers the executed counterparts of
the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each
named insured and additional insured (as identified in the Supplementary Conditions or
elsewhere in the Contract), the certificates and other evidence of insurance required to be
provided by Contractor in accordance with Article 6.
C. Evidence of Owner's Insurance: After receipt of the executed counterparts of the
Agreement and all required bonds and insurance documentation, Owner shall promptly
deliver to Contractor, with copies to each named insured and additional insured (as
identified in the Supplementary Conditions or otherwise), the certificates and other
evidence of insurance required to be provided by Owner under Article 6.
2.02 Copies of Documents
A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully
executed counterpart of the Agreement), and one copy in electronic portable document
format (PDF). Additional printed copies will be furnished upon request at the cost of
reproduction.
B. Owner shall maintain and safeguard at least one original printed record version of the
Contract, including Drawings and Specifications signed and sealed by Engineer and other
design professionals. Owner shall make such original printed record version of the Contract
available to Contractor for review. Owner may delegate the responsibilities under this
provision to Engineer.
2.03 Before Starting Construction
A. Preliminary Schedules: Within 10 days after the Effective Date of the Contract (or as
otherwise specifically required by the Contract Documents), Contractor shall submit to
Engineer for timely review:
1. a preliminary Progress Schedule indicating the times (numbers of days or dates) for
starting and completing the various stages of the Work, including any Milestones
specified in the Contract;
2. a preliminary Schedule of Submittals; and
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3. a preliminary Schedule of Values for all of the Work which includes quantities and
prices of items which when added together equal the Contract Price and subdivides
the Work into component parts in sufficient detail to serve as the basis for progress
payments during performance of the Work. Such prices will include an appropriate
amount of overhead and profit applicable to each item of Work.
2.04 Preconstruction Conference;Designation of Authorized Representatives
A. Before any Work at the Site is started, a conference attended by Owner, Contractor,
Engineer, and others as appropriate will be held to establish a working understanding
among the parties as to the Work and to discuss the schedules referred to in Paragraph
2.03.A, procedures for handling Shop Drawings, Samples, and other submittals, processing
Applications for Payment, electronic or digital transmittals, and maintaining required
records.
B. At this conference Owner and Contractor each shall designate, in writing, a specific
individual to act as its authorized representative with respect to the services and
responsibilities under the Contract. Such individuals shall have the authority to transmit
and receive information, render decisions relative to the Contract, and otherwise act on
behalf of each respective party.
2.05 Initial Acceptance of Schedules
A. At least 10 days before submission of the first Application for Payment a conference,
attended by Contractor, Engineer, and others as appropriate, will be held to review for
acceptability to Engineer as provided below the schedules submitted in accordance with
Paragraph 2.03.A. Contractor shall have an additional 10 days to make corrections and
adjustments and to complete and resubmit the schedules. No progress payment shall be
made to Contractor until acceptable schedules are submitted to Engineer.
1. The Progress Schedule will be acceptable to Engineer if it provides an orderly
progression of the Work to completion within the Contract Times. Such acceptance
will not impose on Engineer responsibility for the Progress Schedule, for sequencing,
scheduling, or progress of the Work, nor interfere with or relieve Contractor from
Contractor's full responsibility therefor.
2. Contractor's Schedule of Submittals will be acceptable to Engineer if it provides a
workable arrangement for reviewing and processing the required submittals.
3. Contractor's Schedule of Values will be acceptable to Engineer as to form and
substance if it provides a reasonable allocation of the Contract Price to the component
parts of the Work.
2.06 Electronic Transmittals
A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor
may transmit, and shall accept, Project-related correspondence, text, data, documents,
drawings, information, and graphics, including but not limited to Shop Drawings and other
submittals, in electronic media or digital format, either directly, or through access to a
secure Project website.
B. If the Contract does not establish protocols for electronic or digital transmittals, then
Owner, Engineer, and Contractor shall jointly develop such protocols.
C. When transmitting items in electronic media or digital format, the transmitting party makes
no representations as to long term compatibility, usability, or readability of the items
resulting from the recipient's use of software application packages, operating systems, or
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computer hardware differing from those used in the drafting or transmittal of the items, or
from those established in applicable transmittal protocols.
ARTICLE 3—DOCUMENTS: INTENT, REQUIREMENTS, REUSE
3.01 Intent
A. The Contract Documents are complementary; what is required by one is as binding as if
required by all.
B. It is the intent of the Contract Documents to describe a functionally complete project (or
part thereof)to be constructed in accordance with the Contract Documents.
C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the
electronic or digital versions of the Contract Documents (including any printed copies
derived from such electronic or digital versions) and the printed record version, the printed
record version shall govern.
D. The Contract supersedes prior negotiations, representations, and agreements, whether
written or oral.
E. Engineer will issue clarifications and interpretations of the Contract Documents as provided
herein.
3.02 Reference Standards
A. Standards Specifications, Codes, Laws and Regulations
1. Reference in the Contract Documents to standard specifications, manuals, reference
standards, or codes of any technical society, organization, or association, or to Laws or
Regulations, whether such reference be specific or by implication, shall mean the
standard specification, manual, reference standard, code, or Laws or Regulations in
effect at the time of opening of Bids (or on the Effective Date of the Contract if there
were no Bids), except as may be otherwise specifically stated in the Contract
Documents.
2. No provision of any such standard specification, manual, reference standard, or code,
or any instruction of a Supplier, shall be effective to change the duties or
responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors,
consultants, agents, or employees, from those set forth in the part of the Contract
Documents prepared by or for Engineer. No such provision or instruction shall be
effective to assign to Owner, Engineer, or any of their officers, directors, members,
partners, employees, agents, consultants, or subcontractors, any duty or authority to
supervise or direct the performance of the Work or any duty or authority to undertake
responsibility inconsistent with the provisions of the part of the Contract Documents
prepared by or for Engineer.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:
1. Contractor's Verification of Figures and Field Measurements: Before undertaking each
part of the Work, Contractor shall carefully study the Contract Documents, and check
and verify pertinent figures and dimensions therein, particularly with respect to
applicable field measurements. Contractor shall promptly report in writing to Engineer
any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual
knowledge of, and shall not proceed with any Work affected thereby until the conflict,
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error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by
Engineer, or by an amendment or supplement to the Contract Documents issued
pursuant to Paragraph 11.01.
2. Contractor's Review of Contract Documents: If, before or during the performance of
the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within
the Contract Documents, or between the Contract Documents and (a) any applicable
Law or Regulation, (b) actual field conditions, (c) any standard specification, manual,
reference standard, or code, or (d) any instruction of any Supplier, then Contractor
shall promptly report it to Engineer in writing. Contractor shall not proceed with the
Work affected thereby (except in an emergency as required by Paragraph 7.15) until
the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or
interpretation by Engineer, or by an amendment or supplement to the Contract
Documents issued pursuant to Paragraph 11.01.
3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict,
error, ambiguity, or discrepancy in the Contract Documents unless Contractor had
actual knowledge thereof.
B. Resolving Discrepancies:
1. Except as may be otherwise specifically stated in the Contract Documents, the
provisions of the part of the Contract Documents prepared by or for Engineer shall
take precedence in resolving any conflict, error, ambiguity, or discrepancy between
such provisions of the Contract Documents and:
a. the provisions of any standard specification, manual, reference standard, or code,
or the instruction of any Supplier (whether or not specifically incorporated by
reference as a Contract Document); or
b. the provisions of any Laws or Regulations applicable to the performance of the
Work (unless such an interpretation of the provisions of the Contract Documents
would result in violation of such Law or Regulation).
3.04 Requirements of the Contract Documents
A. During the performance of the Work and until final payment, Contractor and Owner shall
submit to the Engineer all matters in question concerning the requirements of the Contract
Documents (sometimes referred to as requests for information or interpretation—RFIs), or
relating to the acceptability of the Work under the Contract Documents, as soon as possible
after such matters arise. Engineer will be the initial interpreter of the requirements of the
Contract Documents, and judge of the acceptability of the Work thereunder.
B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or
decision on the issue submitted, or initiate an amendment or supplement to the Contract
Documents. Engineer's written clarification, interpretation, or decision will be final and
binding on Contractor, unless it appeals by submitting a Change Proposal, and on Owner,
unless it appeals by filing a Claim.
C. If a submitted matter in question concerns terms and conditions of the Contract
Documents that do not involve (1) the performance or acceptability of the Work under the
Contract Documents, (2) the design (as set forth in the Drawings, Specifications, or
otherwise), or (3) other engineering or technical matters, then Engineer will promptly give
written notice to Owner and Contractor that Engineer is unable to provide a decision or
interpretation. If Owner and Contractor are unable to agree on resolution of such a matter
in question, either party may pursue resolution as provided in Article 12.
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3.05 Reuse of Documents
A. Contractor and its Subcontractors and Suppliers shall not:
1. have or acquire any title to or ownership rights in any of the Drawings, Specifications,
or other documents (or copies of any thereof) prepared by or bearing the seal of
Engineer or its consultants, including electronic media editions, or reuse any such
Drawings, Specifications, other documents, or copies thereof on extensions of the
Project or any other project without written consent of Owner and Engineer and
specific written verification or adaptation by Engineer; or
2. have or acquire any title or ownership rights in any other Contract Documents, reuse
any such Contract Documents for any purpose without Owner's express written
consent, or violate any copyrights pertaining to such Contract Documents.
B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the
Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract
Documents for record purposes.
ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK
4.01 Commencement of Contract Times;Notice to Proceed
A. The Contract Times will commence to run on the thirtieth day after the Effective Date of
the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to
Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective
Date of the Contract. In no event will the Contract Times commence to run later than the
sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the
Contract, whichever date is earlier.
4.02 Starting the Work
A. Contractor shall start to perform the Work on the date when the Contract Times
commence to run. No Work shall be done at the Site prior to such date.
4.03 Reference Points
A. Owner shall provide engineering surveys to establish reference points for construction
which in Engineer's judgment are necessary to enable Contractor to proceed with the
Work. Contractor shall be responsible for laying out the Work, shall protect and preserve
the established reference points and property monuments, and shall make no changes or
relocations without the prior written approval of Owner. Contractor shall report to
Engineer whenever any reference point or property monument is lost or destroyed or
requires relocation because of necessary changes in grades or locations, and shall be
responsible for the accurate replacement or relocation of such reference points or property
monuments by professionally qualified personnel.
4.04 Progress Schedule
A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph
2.05 as it may be adjusted from time to time as provided below.
1. Contractor shall submit to Engineer for acceptance (to the extent indicated in
Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in
changing the Contract Times.
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2. Proposed adjustments in the Progress Schedule that will change the Contract Times
shall be submitted in accordance with the requirements of Article 11.
B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes
or disagreements with Owner. No Work shall be delayed or postponed pending resolution
of any disputes or disagreements, or during any appeal process, except as permitted by
Paragraph 16.04, or as Owner and Contractor may otherwise agree in writing.
4.05 Delays in Contractor's Progress
A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or
interferes with the performance or progress of the Work, then Contractor shall be entitled
to an equitable adjustment in the Contract Times and Contract Price. Contractor's
entitlement to an adjustment of the Contract Times is conditioned on such adjustment
being essential to Contractor's ability to complete the Work within the Contract Times.
B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for
delay, disruption, or interference caused by or within the control of Contractor. Delay,
disruption, and interference attributable to and within the control of a Subcontractor or
Supplier shall be deemed to be within the control of Contractor.
C. If Contractor's performance or progress is delayed, disrupted, or interfered with by
unanticipated causes not the fault of and beyond the control of Owner, Contractor, and
those for which they are responsible, then Contractor shall be entitled to an equitable
adjustment in Contract Times. Contractor's entitlement to an adjustment of the Contract
Times is conditioned on such adjustment being essential to Contractor's ability to complete
the Work within the Contract Times. Such an adjustment shall be Contractor's sole and
exclusive remedy for the delays, disruption, and interference described in this paragraph.
Causes of delay, disruption, or interference that may give rise to an adjustment in Contract
Times under this paragraph include but are not limited to the following:
1. severe and unavoidable natural catastrophes such as fires, floods, epidemics, and
earthquakes;
2. abnormal weather conditions;
3. acts or failures to act of utility owners (other than those performing other work at or
adjacent to the Site by arrangement with the Owner, as contemplated in Article 8);
and
4. acts of war or terrorism.
D. Delays, disruption, and interference to the performance or progress of the Work resulting
from the existence of a differing subsurface or physical condition, an Underground Facility
that was not shown or indicated by the Contract Documents, or not shown or indicated
with reasonable accuracy, and those resulting from Hazardous Environmental Conditions,
are governed by Article 5.
E. Paragraph 8.03 governs delays, disruption, and interference to the performance or
progress of the Work resulting from the performance of certain other work at or adjacent
to the Site.
F. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for
any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or
interference caused by or within the control of Contractor.
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G. Contractor must submit any Change Proposal seeking an adjustment in Contract Price or
Contract Times under this paragraph within 30 days of the commencement of the delaying,
disrupting, or interfering event.
ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS
ENVIRONMENTAL CONDITIONS
5.01 Availability of Lands
A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or
restrictions not of general application but specifically related to use of the Site with which
Contractor must comply in performing the Work.
B. Upon reasonable written request, Owner shall furnish Contractor with a current statement
of record legal title and legal description of the lands upon which permanent improvements
are to be made and Owner's interest therein as necessary for giving notice of or filing a
mechanic's or construction lien against such lands in accordance with applicable Laws and
Regulations.
C. Contractor shall provide for all additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and equipment.
5.02 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas:
1. Contractor shall confine construction equipment, temporary construction facilities, the
storage of materials and equipment, and the operations of workers to the Site,
adjacent areas that Contractor has arranged to use through construction easements or
otherwise, and other adjacent areas permitted by Laws and Regulations, and shall not
unreasonably encumber the Site and such other adjacent areas with construction
equipment or other materials or equipment. Contractor shall assume full responsibility
for (a) damage to the Site; (b) damage to any such other adjacent areas used for
Contractor's operations; (c) damage to any other adjacent land or areas; and (d) for
injuries and losses sustained by the owners or occupants of any such land or areas;
provided that such damage or injuries result from the performance of the Work or
from other actions or conduct of the Contractor or those for which Contractor is
responsible.
2. If a damage or injury claim is made by the owner or occupant of any such land or area
because of the performance of the Work, or because of other actions or conduct of
the Contractor or those for which Contractor is responsible, Contractor shall (a) take
immediate corrective or remedial action as required by Paragraph 7.12, or otherwise;
(b) promptly attempt to settle the claim as to all parties through negotiations with
such owner or occupant, or otherwise resolve the claim by arbitration or other dispute
resolution proceeding, or at law; and (c) to the fullest extent permitted by Laws and
Regulations, indemnify and hold harmless Owner and Engineer, and the officers,
directors, members, partners, employees, agents, consultants and subcontractors of
each and any of them from and against any such claim, and against all costs, losses,
and damages (including but not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to any claim or action, legal or equitable,
brought by any such owner or occupant against Owner, Engineer, or any other party
indemnified hereunder to the extent caused directly or indirectly, in whole or in part
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by, or based upon, Contractor's performance of the Work, or because of other actions
or conduct of the Contractor or those for which Contractor is responsible.
B. Removal of Debris During Performance of the Work: During the progress of the Work the
Contractor shall keep the Site and other adjacent areas free from accumulations of waste
materials, rubbish, and other debris. Removal and disposal of such waste materials,
rubbish, and other debris shall conform to applicable Laws and Regulations.
C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and
the Work and make it ready for utilization by Owner. At the completion of the Work
Contractor shall remove from the Site and adjacent areas all tools, appliances, construction
equipment and machinery, and surplus materials and shall restore to original condition all
property not designated for alteration by the Contract Documents.
D. Loading of Structures: Contractor shall not load nor permit any part of any structure to be
loaded in any manner that will endanger the structure, nor shall Contractor subject any
part of the Work or adjacent structures or land to stresses or pressures that will endanger
them.
5.03 Subsurface and Physical Conditions
A. Reports and Drawings:The Supplementary Conditions identify:
1. those reports known to Owner of explorations and tests of subsurface conditions at or
adjacent to the Site;
2. those drawings known to Owner of physical conditions relating to existing surface or
subsurface structures at the Site (except Underground Facilities); and
3. Technical Data contained in such reports and drawings.
B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the
accuracy of the Technical Data expressly identified in the Supplementary Conditions with
respect to such reports and drawings, but such reports and drawings are not Contract
Documents. If no such express identification has been made, then Contractor may rely
upon the accuracy of the Technical Data (as defined in Article 1) contained in any
geotechnical or environmental report prepared for the Project and made available to
Contractor. Except for such reliance on Technical Data, Contractor may not rely upon or
make any claim against Owner or Engineer, or any of their officers, directors, members,
partners, employees, agents, consultants, or subcontractors,with respect to:
1. the completeness of such reports and drawings for Contractor's purposes, including,
but not limited to, any aspects of the means, methods, techniques, sequences, and
procedures of construction to be employed by Contractor, and safety precautions and
programs incident thereto; or
2. other data, interpretations, opinions, and information contained in such reports or
shown or indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any Technical Data or any
such other data, interpretations, opinions, or information.
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5.04 Differing Subsurface or Physical Conditions
A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is
uncovered or revealed at the Site either:
1. is of such a nature as to establish that any Technical Data on which Contractor is
entitled to rely as provided in Paragraph 5.03 is materially inaccurate; or
2. is of such a nature as to require a change in the Drawings or Specifications; or
3. differs materially from that shown or indicated in the Contract Documents; or
4. is of an unusual nature, and differs materially from conditions ordinarily encountered
and generally recognized as inherent in work of the character provided for in the
Contract Documents;
then Contractor shall, promptly after becoming aware thereof and before further
disturbing the subsurface or physical conditions or performing any Work in connection
therewith (except in an emergency as required by Paragraph 7.15), notify Owner and
Engineer in writing about such condition. Contractor shall not further disturb such
condition or perform any Work in connection therewith (except with respect to an
emergency) until receipt of a written statement permitting Contractor to do so.
B. Engineer's Review: After receipt of written notice as required by the preceding paragraph,
Engineer will promptly review the subsurface or physical condition in question; determine
the necessity of Owner's obtaining additional exploration or tests with respect to the
condition; conclude whether the condition falls within any one or more of the differing site
condition categories in Paragraph 5.04.A above; obtain any pertinent cost or schedule
information from Contractor; prepare recommendations to Owner regarding the
Contractor's resumption of Work in connection with the subsurface or physical condition in
question and the need for any change in the Drawings or Specifications; and advise Owner
in writing of Engineer's findings, conclusions, and recommendations.
C. Owner's Statement to Contractor Regarding Site Condition: After receipt of Engineer's
written findings, conclusions, and recommendations, Owner shall issue a written statement
to Contractor (with a copy to Engineer) regarding the subsurface or physical condition in
question, addressing the resumption of Work in connection with such condition, indicating
whether any change in the Drawings or Specifications will be made, and adopting or
rejecting Engineer's written findings, conclusions, and recommendations, in whole or in
part.
D. Possible Price and Times Adjustments:
1. Contractor shall be entitled to an equitable adjustment in Contract Price or Contract
Times, or both, to the extent that the existence of a differing subsurface or physical
condition, or any related delay, disruption, or interference, causes an increase or
decrease in Contractor's cost of, or time required for, performance of the Work;
subject, however, to the following:
a. such condition must fall within any one or more of the categories described in
Paragraph 5.04.A;
b. with respect to Work that is paid for on a unit price basis, any adjustment in
Contract Price will be subject to the provisions of Paragraph 13.03; and,
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c. Contractor's entitlement to an adjustment of the Contract Times is conditioned
on such adjustment being essential to Contractor's ability to complete the Work
within the Contract Times.
2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract
Times with respect to a subsurface or physical condition if:
a. Contractor knew of the existence of such condition at the time Contractor made a
commitment to Owner with respect to Contract Price and Contract Times by the
submission of a Bid or becoming bound under a negotiated contract, or
otherwise; or
b. the existence of such condition reasonably could have been discovered or
revealed as a result of any examination, investigation, exploration, test, or study
of the Site and contiguous areas expressly required by the Bidding Requirements
or Contract Documents to be conducted by or for Contractor prior to Contractor's
making such commitment; or
c. Contractor failed to give the written notice as required by Paragraph 5.04.A.
3. If Owner and Contractor agree regarding Contractor's entitlement to and the amount
or extent of any adjustment in the Contract Price or Contract Times, or both, then any
such adjustment shall be set forth in a Change Order.
4. Contractor may submit a Change Proposal regarding its entitlement to or the amount
or extent of any adjustment in the Contract Price or Contract Times, or both, no later
than 30 days after Owner's issuance of the Owner's written statement to Contractor
regarding the subsurface or physical condition in question.
5.05 Underground Facilities
A. Contractor's Responsibilities: The information and data shown or indicated in the Contract
Documents with respect to existing Underground Facilities at or adjacent to the Site is
based on information and data furnished to Owner or Engineer by the owners of such
Underground Facilities, including Owner, or by others. Unless it is otherwise expressly
provided in the Supplementary Conditions:
1. Owner and Engineer do not warrant or guarantee the accuracy or completeness of any
such information or data provided by others; and
2. the cost of all of the following will be included in the Contract Price, and Contractor
shall have full responsibility for:
a. reviewing and checking all information and data regarding existing Underground
Facilities at the Site;
b. locating all Underground Facilities shown or indicated in the Contract Documents
as being at the Site;
c. coordination of the Work with the owners (including Owner) of such
Underground Facilities, during construction; and
d. the safety and protection of all existing Underground Facilities at the Site, and
repairing any damage thereto resulting from the Work.
B. Notice by Contractor: If Contractor believes that an Underground Facility that is uncovered
or revealed at the Site was not shown or indicated in the Contract Documents, or was not
shown or indicated with reasonable accuracy, then Contractor shall, promptly after
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becoming aware thereof and before further disturbing conditions affected thereby or
performing any Work in connection therewith (except in an emergency as required by
Paragraph 7.15), identify the owner of such Underground Facility and give written notice to
that owner and to Owner and Engineer.
C. Engineer's Review: Engineer will promptly review the Underground Facility and conclude
whether such Underground Facility was not shown or indicated in the Contract Documents,
or was not shown or indicated with reasonable accuracy; obtain any pertinent cost or
schedule information from Contractor; prepare recommendations to Owner regarding the
Contractor's resumption of Work in connection with the Underground Facility in question;
determine the extent, if any, to which a change is required in the Drawings or Specifications
to reflect and document the consequences of the existence or location of the Underground
Facility; and advise Owner in writing of Engineer's findings, conclusions, and
recommendations. During such time, Contractor shall be responsible for the safety and
protection of such Underground Facility.
D. Owner's Statement to Contractor Regarding Underground Facility: After receipt of
Engineer's written findings, conclusions, and recommendations, Owner shall issue a written
statement to Contractor (with a copy to Engineer) regarding the Underground Facility in
question, addressing the resumption of Work in connection with such Underground Facility,
indicating whether any change in the Drawings or Specifications will be made, and adopting
or rejecting Engineer's written findings, conclusions, and recommendations in whole or in
part.
E. Possible Price and Times Adjustments:
1. Contractor shall be entitled to an equitable adjustment in the Contract Price or
Contract Times, or both, to the extent that any existing Underground Facility at the
Site that was not shown or indicated in the Contract Documents, or was not shown or
indicated with reasonable accuracy, or any related delay, disruption, or interference,
causes an increase or decrease in Contractor's cost of, or time required for,
performance of the Work; subject, however, to the following:
a. Contractor did not know of and could not reasonably have been expected to be
aware of or to have anticipated the existence or actual location of the
Underground Facility in question;
b. With respect to Work that is paid for on a unit price basis, any adjustment in
Contract Price will be subject to the provisions of Paragraph 13.03;
c. Contractor's entitlement to an adjustment of the Contract Times is conditioned
on such adjustment being essential to Contractor's ability to complete the Work
within the Contract Times; and
d. Contractor gave the notice required in Paragraph 5.05.B.
2. If Owner and Contractor agree regarding Contractor's entitlement to and the amount
or extent of any adjustment in the Contract Price or Contract Times, or both, then any
such adjustment shall be set forth in a Change Order.
3. Contractor may submit a Change Proposal regarding its entitlement to or the amount
or extent of any adjustment in the Contract Price or Contract Times, or both, no later
than 30 days after Owner's issuance of the Owner's written statement to Contractor
regarding the Underground Facility in question.
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5.06 Hazardous Environmental Conditions at Site
A. Reports and Drawings:The Supplementary Conditions identify:
1. those reports and drawings known to Owner relating to Hazardous Environmental
Conditions that have been identified at or adjacent to the Site; and
2. Technical Data contained in such reports and drawings.
B. Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the
accuracy of the Technical Data expressly identified in the Supplementary Conditions with
respect to such reports and drawings, but such reports and drawings are not Contract
Documents. If no such express identification has been made, then Contractor may rely on
the accuracy of the Technical Data (as defined in Article 1) contained in any geotechnical or
environmental report prepared for the Project and made available to Contractor. Except for
such reliance on Technical Data, Contractor may not rely upon or make any claim against
Owner or Engineer, or any of their officers, directors, members, partners, employees,
agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for Contractor's purposes, including,
but not limited to, any aspects of the means, methods, techniques, sequences and
procedures of construction to be employed by Contractor and safety precautions and
programs incident thereto; or
2. other data, interpretations, opinions and information contained in such reports or
shown or indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any Technical Data or any
such other data, interpretations, opinions or information.
C. Contractor shall not be responsible for removing or remediating any Hazardous
Environmental Condition encountered, uncovered, or revealed at the Site unless such
removal or remediation is expressly identified in the Contract Documents to be within the
scope of the Work.
D. Contractor shall be responsible for controlling, containing, and duly removing all
Constituents of Concern brought to the Site by Contractor, Subcontractors, Suppliers, or
anyone else for whom Contractor is responsible, and for any associated costs; and for the
costs of removing and remediating any Hazardous Environmental Condition created by the
presence of any such Constituents of Concern.
E. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose
removal or remediation is not expressly identified in the Contract Documents as being
within the scope of the Work, or if Contractor or anyone for whom Contractor is
responsible creates a Hazardous Environmental Condition, then Contractor shall
immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection
with such condition and in any area affected thereby (except in an emergency as required
by Paragraph 7.15); and (3) notify Owner and Engineer (and promptly thereafter confirm
such notice in writing). Owner shall promptly consult with Engineer concerning the
necessity for Owner to retain a qualified expert to evaluate such condition or take
corrective action, if any. Promptly after consulting with Engineer, Owner shall take such
actions as are necessary to permit Owner to timely obtain required permits and provide
Contractor the written notice required by Paragraph 5.06.F. If Contractor or anyone for
whom Contractor is responsible created the Hazardous Environmental Condition in
question, then Owner may remove and remediate the Hazardous Environmental Condition,
and impose a set-off against payments to account for the associated costs.
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F. Contractor shall not resume Work in connection with such Hazardous Environmental
Condition or in any affected area until after Owner has obtained any required permits
related thereto, and delivered written notice to Contractor either (1) specifying that such
condition and any affected area is or has been rendered safe for the resumption of Work,
or (2) specifying any special conditions under which such Work may be resumed safely.
G. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if
any, of any adjustment in Contract Price or Contract Times, or both, as a result of such
Work stoppage or such special conditions under which Work is agreed to be resumed by
Contractor, then within 30 days of Owner's written notice regarding the resumption of
Work, Contractor may submit a Change Proposal, or Owner may impose a set-off.
H. If after receipt of such written notice Contractor does not agree to resume such Work
based on a reasonable belief it is unsafe, or does not agree to resume such Work under
such special conditions, then Owner may order the portion of the Work that is in the area
affected by such condition to be deleted from the Work, following the contractual change
procedures in Article 11. Owner may have such deleted portion of the Work performed by
Owner's own forces or others in accordance with Article 8.
I. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold
harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members,
partners, employees, agents, consultants, and subcontractors of each and any of them
from and against all claims, costs, losses, and damages (including but not limited to all fees
and charges of engineers, architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of or relating to a Hazardous
Environmental Condition, provided that such Hazardous Environmental Condition (1) was
not shown or indicated in the Drawings, Specifications, or other Contract Documents,
identified as Technical Data entitled to limited reliance pursuant to Paragraph 5.06.B, or
identified in the Contract Documents to be included within the scope of the Work, and (2)
was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in
this Paragraph 5.06.H shall obligate Owner to indemnify any individual or entity from and
against the consequences of that individual's or entity's own negligence.
J. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and
hold harmless Owner and Engineer, and the officers, directors, members, partners,
employees, agents, consultants, and subcontractors of each and any of them from and
against all claims, costs, losses, and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of or relating to the failure to
control, contain, or remove a Constituent of Concern brought to the Site by Contractor or
by anyone for whom Contractor is responsible, or to a Hazardous Environmental Condition
created by Contractor or by anyone for whom Contractor is responsible. Nothing in this
Paragraph 5.06.J shall obligate Contractor to indemnify any individual or entity from and
against the consequences of that individual's or entity's own negligence.
K. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of
Constituents of Concern or to a Hazardous Environmental Condition uncovered or revealed
at the Site.
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ARTICLE 6—BONDS AND INSURANCE
6.01 Performance, Payment, and Other Bonds
A. Contractor shall furnish a performance bond and a payment bond, each in an amount at
least equal to the Contract Price, as security for the faithful performance and payment of all
of Contractor's obligations under the Contract. These bonds shall remain in effect until one
year after the date when final payment becomes due or until completion of the correction
period specified in Paragraph 15.08, whichever is later, except as provided otherwise by
Laws or Regulations, the Supplementary Conditions, or other specific provisions of the
Contract. Contractor shall also furnish such other bonds as are required by the
Supplementary Conditions or other specific provisions of the Contract.
B. All bonds shall be in the form prescribed by the Contract except as provided otherwise by
Laws or Regulations, and shall be executed by such sureties as are named in "Companies
Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as
Acceptable Reinsuring Companies" as published in Circular 570 (as amended and
supplemented) by the Financial Management Service, Surety Bond Branch, U.S.
Department of the Treasury. A bond signed by an agent or attorney-in-fact must be
accompanied by a certified copy of that individual's authority to bind the surety. The
evidence of authority shall show that it is effective on the date the agent or attorney-in-fact
signed the accompanying bond.
C. Contractor shall obtain the required bonds from surety companies that are duly licensed or
authorized in the jurisdiction in which the Project is located to issue bonds in the required
amounts.
D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent,
or its right to do business is terminated in any state or jurisdiction where any part of the
Project is located, or the surety ceases to meet the requirements above, then Contractor
shall promptly notify Owner and Engineer and shall, within 20 days after the event giving
rise to such notification, provide another bond and surety, both of which shall comply with
the bond and surety requirements above.
E. If Contractor has failed to obtain a required bond, Owner may exclude the Contractor from
the Site and exercise Owner's termination rights under Article 16.
F. Upon request, Owner shall provide a copy of the payment bond to any Subcontractor,
Supplier, or other person or entity claiming to have furnished labor or materials used in the
performance of the Work.
6.02 Insurance—General Provisions
A. Owner and Contractor shall obtain and maintain insurance as required in this Article and in
the Supplementary Conditions.
B. All insurance required by the Contract to be purchased and maintained by Owner or
Contractor shall be obtained from insurance companies that are duly licensed or
authorized, in the state or jurisdiction in which the Project is located, to issue insurance
policies for the required limits and coverages. Unless a different standard is indicated in the
Supplementary Conditions, all companies that provide insurance policies required under
this Contract shall have an A.M. Best rating of A-VII or better.
C. Contractor shall deliver to Owner, with copies to each named insured and additional
insured (as identified in this Article, in the Supplementary Conditions, or elsewhere in the
Contract), certificates of insurance establishing that Contractor has obtained and is
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maintaining the policies, coverages, and endorsements required by the Contract. Upon
request by Owner or any other insured, Contractor shall also furnish other evidence of such
required insurance, including but not limited to copies of policies and endorsements, and
documentation of applicable self-insured retentions and deductibles. Contractor may block
out (redact) any confidential premium or pricing information contained in any policy or
endorsement furnished under this provision.
D. Owner shall deliver to Contractor, with copies to each named insured and additional
insured (as identified in this Article, the Supplementary Conditions, or elsewhere in the
Contract), certificates of insurance establishing that Owner has obtained and is maintaining
the policies, coverages, and endorsements required of Owner by the Contract (if any).
Upon request by Contractor or any other insured, Owner shall also provide other evidence
of such required insurance (if any), including but not limited to copies of policies and
endorsements, and documentation of applicable self-insured retentions and deductibles.
Owner may block out (redact) any confidential premium or pricing information contained in
any policy or endorsement furnished under this provision.
E. Failure of Owner or Contractor to demand such certificates or other evidence of the other
party's full compliance with these insurance requirements, or failure of Owner or
Contractor to identify a deficiency in compliance from the evidence provided, shall not be
construed as a waiver of the other party's obligation to obtain and maintain such insurance.
F. If either party does not purchase or maintain all of the insurance required of such party by
the Contract, such party shall notify the other party in writing of such failure to purchase
prior to the start of the Work, or of such failure to maintain prior to any change in the
required coverage.
G. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the
Contractor from the Site, impose an appropriate set-off against payment, and exercise
Owner's termination rights under Article 16.
H. Without prejudice to any other right or remedy, if a party has failed to obtain required
insurance, the other party may elect to obtain equivalent insurance to protect such other
party's interests at the expense of the party who was required to provide such coverage,
and the Contract Price shall be adjusted accordingly.
I. Owner does not represent that insurance coverage and limits established in this Contract
necessarily will be adequate to protect Contractor or Contractor's interests.
J. The insurance and insurance limits required herein shall not be deemed as a limitation on
Contractor's liability under the indemnities granted to Owner and other individuals and
entities in the Contract.
6.03 Contractor's Insurance
A. Workers' Compensation: Contractor shall purchase and maintain workers' compensation
and employer's liability insurance for:
1. claims under workers' compensation, disability benefits, and other similar employee
benefit acts.
2. United States Longshoreman and Harbor Workers' Compensation Act and Jones Act
coverage (if applicable).
3. claims for damages because of bodily injury, occupational sickness or disease, or death
of Contractor's employees (by stop-gap endorsement in monopolist worker's
compensation states).
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4. Foreign voluntary worker compensation (if applicable).
B. Commercial General Liability—Claims Covered: Contractor shall purchase and maintain
commercial general liability insurance, covering all operations by or on behalf of
Contractor, on an occurrence basis, against:
1. claims for damages because of bodily injury, sickness or disease, or death of any
person other than Contractor's employees.
2. claims for damages insured by reasonably available personal injury liability coverage.
3. claims for damages, other than to the Work itself, because of injury to or destruction
of tangible property wherever located, including loss of use resulting therefrom.
C. Commercial General Liability—Form and Content: Contractor's commercial liability policy
shall be written on a 1996 (or later) ISO commercial general liability form (occurrence form)
and include the following coverages and endorsements:
1. Products and completed operations coverage:
a. Such insurance shall be maintained for three years after final payment.
b. Contractor shall furnish Owner and each other additional insured (as identified in
the Supplementary Conditions or elsewhere in the Contract) evidence of
continuation of such insurance at final payment and three years thereafter.
2. Blanket contractual liability coverage, to the extent permitted by law, including but not
limited to coverage of Contractor's contractual indemnity obligations in Paragraph
7.18.
3. Broad form property damage coverage.
4. Severability of interest.
5. Underground, explosion, and collapse coverage.
6. Personal injury coverage.
7. Additional insured endorsements that include both ongoing operations and products
and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG
20 37 10 01 (together); or CG 20 10 07 04 and CG 20 37 07 04 (together); or their
equivalent.
8. For design professional additional insureds, ISO Endorsement CG 20 32 07 04,
"Additional Insured—Engineers, Architects or Surveyors Not Engaged by the Named
Insured" or its equivalent.
D. Automobile liability: Contractor shall purchase and maintain automobile liability insurance
against claims for damages because of bodily injury or death of any person or property
damage arising out of the ownership, maintenance, or use of any motor vehicle. The
automobile liability policy shall be written on an occurrence basis.
E. Umbrella or excess liability: Contractor shall purchase and maintain umbrella or excess
liability insurance written over the underlying employer's liability, commercial general
liability, and automobile liability insurance described in the paragraphs above. Subject to
industry-standard exclusions, the coverage afforded shall follow form as to each and every
one of the underlying policies.
F. Contractor's pollution liability insurance: Contractor shall purchase and maintain a policy
covering third-party injury and property damage claims, including clean-up costs, as a result
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of pollution conditions arising from Contractor's operations and completed operations.This
insurance shall be maintained for no less than three years after final completion.
G. Additional insureds: The Contractor's commercial general liability, automobile liability,
umbrella or excess, and pollution liability policies shall include and list as additional
insureds Owner and Engineer, and any individuals or entities identified in the
Supplementary Conditions; include coverage for the respective officers, directors,
members, partners, employees, agents, consultants, and subcontractors of each and any of
all such additional insureds; and the insurance afforded to these additional insureds shall
provide primary coverage for all claims covered thereby (including as applicable those
arising from both ongoing and completed operations) on a non-contributory basis.
Contractor shall obtain all necessary endorsements to support these requirements.
H. Contractor's professional liability insurance: If Contractor will provide or furnish
professional services under this Contract, through a delegation of professional design
services or otherwise, then Contractor shall be responsible for purchasing and maintaining
applicable professional liability insurance. This insurance shall provide protection against
claims arising out of performance of professional design or related services, and caused by
a negligent error, omission, or act for which the insured party is legally liable. It shall be
maintained throughout the duration of the Contract and for a minimum of two years after
Substantial Completion. If such professional design services are performed by a
Subcontractor, and not by Contractor itself, then the requirements of this paragraph may
be satisfied through the purchasing and maintenance of such insurance by such
Subcontractor.
I. General provisions:The policies of insurance required by this Paragraph 6.03 shall:
1. include at least the specific coverages provided in this Article.
2. be written for not less than the limits of liability provided in this Article and in the
Supplementary Conditions, or required by Laws or Regulations,whichever is greater.
3. contain a provision or endorsement that the coverage afforded will not be canceled,
materially changed, or renewal refused until at least 10 days prior written notice has
been given to Contractor. Within three days of receipt of any such written notice,
Contractor shall provide a copy of the notice to Owner, Engineer, and each other
insured under the policy.
4. remain in effect at least until final payment (and longer if expressly required in this
Article) and at all times thereafter when Contractor may be correcting, removing, or
replacing defective Work as a warranty or correction obligation, or otherwise, or
returning to the Site to conduct other tasks arising from the Contract Documents.
5. be appropriate for the Work being performed and provide protection from claims that
may arise out of or result from Contractor's performance of the Work and Contractor's
other obligations under the Contract Documents, whether it is to be performed by
Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly
employed by any of them to perform any of the Work, or by anyone for whose acts
any of them may be liable.
J. The coverage requirements for specific policies of insurance must be met by such policies,
and not by reference to excess or umbrella insurance provided in other policies.
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6.04 Owner's Liability Insurance
A. In addition to the insurance required to be provided by Contractor under Paragraph 6.03,
Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's own
liability insurance as will protect Owner against claims which may arise from operations
under the Contract Documents.
B. Owner's liability policies, if any, operate separately and independently from policies
required to be provided by Contractor, and Contractor cannot rely upon Owner's liability
policies for any of Contractor's obligations to the Owner, Engineer, or third parties.
6.05 Property Insurance
A. Builder's Risk: Unless otherwise provided in the Supplementary Conditions, Contractor shall
purchase and maintain builder's risk insurance upon the Work on a completed value basis,
in the amount of the full insurable replacement cost thereof (subject to such deductible
amounts as may be provided in the Supplementary Conditions or required by Laws and
Regulations).This insurance shall:
1. include the Owner and Contractor as named insureds, and all Subcontractors, and any
individuals or entities required by the Supplementary Conditions to be insured under
such builder's risk policy, as insureds or named insureds. For purposes of the
remainder of this Paragraph 6.05, Paragraphs 6.06 and 6.07, and any corresponding
Supplementary Conditions, the parties required to be insured shall collectively be
referred to as "insureds."
2. be written on a builder's risk "all risk" policy form that shall at least include insurance
for physical loss or damage to the Work, temporary buildings, falsework, and materials
and equipment in transit, and shall insure against at least the following perils or causes
of loss: fire; lightning; windstorm; riot; civil commotion; terrorism; vehicle impact;
aircraft; smoke; theft; vandalism and malicious mischief; mechanical breakdown,
boiler explosion, and artificially generated electric current; earthquake; volcanic
activity, and other earth movement; flood; collapse; explosion; debris removal;
demolition occasioned by enforcement of Laws and Regulations; water damage (other
than that caused by flood); and such other perils or causes of loss as may be
specifically required by the Supplementary Conditions. If insurance against mechanical
breakdown, boiler explosion, and artificially generated electric current; earthquake;
volcanic activity, and other earth movement; or flood, are not commercially available
under builder's risk policies, by endorsement or otherwise, such insurance may be
provided through other insurance policies acceptable to Owner and Contractor.
3. cover, as insured property, at least the following: (a) the Work and all materials,
supplies, machinery, apparatus, equipment, fixtures, and other property of a similar
nature that are to be incorporated into or used in the preparation, fabrication,
construction, erection, or completion of the Work, including Owner-furnished or
assigned property; (b) spare parts inventory required within the scope of the Contract;
and (c) temporary works which are not intended to form part of the permanent
constructed Work but which are intended to provide working access to the Site, or to
the Work under construction, or which are intended to provide temporary support for
the Work under construction, including scaffolding, form work, fences, shoring,
falsework, and temporary structures.
4. cover expenses incurred in the repair or replacement of any insured property
(including but not limited to fees and charges of engineers and architects).
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5. extend to cover damage or loss to insured property while in temporary storage at the
Site or in a storage location outside the Site (but not including property stored at the
premises of a manufacturer or Supplier).
6. extend to cover damage or loss to insured property while in transit.
7. allow for partial occupation or use of the Work by Owner, such that those portions of
the Work that are not yet occupied or used by Owner shall remain covered by the
builder's risk insurance.
8. allow for the waiver of the insurer's subrogation rights, as set forth below.
9. provide primary coverage for all losses and damages caused by the perils or causes of
loss covered.
10. not include a co-insurance clause.
11. include an exception for ensuing losses from physical damage or loss with respect to
any defective workmanship, design, or materials exclusions.
12. include performance/hot testing and start-up.
13. be maintained in effect, subject to the provisions herein regarding Substantial
Completion and partial occupancy or use of the Work by Owner, until the Work is
complete.
B. Notice of Cancellation or Change: All the policies of insurance (and the certificates or other
evidence thereof) required to be purchased and maintained in accordance with this
Paragraph 6.05 will contain a provision or endorsement that the coverage afforded will not
be canceled or materially changed or renewal refused until at least 10 days prior written
notice has been given to the purchasing policyholder. Within three days of receipt of any
such written notice, the purchasing policyholder shall provide a copy of the notice to each
other insured.
C. Deductibles:The purchaser of any required builder's risk or property insurance shall pay for
costs not covered because of the application of a policy deductible.
D. Partial Occupancy or Use by Owner: If Owner will occupy or use a portion or portions of the
Work prior to Substantial Completion of all the Work as provided in Paragraph 15.04, then
Owner (directly, if it is the purchaser of the builder's risk policy, or through Contractor) will
provide notice of such occupancy or use to the builder's risk insurer. The builder's risk
insurance shall not be canceled or permitted to lapse on account of any such partial use or
occupancy; rather, those portions of the Work that are occupied or used by Owner may
come off the builder's risk policy, while those portions of the Work not yet occupied or
used by Owner shall remain covered by the builder's risk insurance.
E. Additional Insurance: If Contractor elects to obtain other special insurance to be included in
or supplement the builder's risk or property insurance policies provided under this
Paragraph 6.05, it may do so at Contractor's expense.
F. Insurance of Other Property: If the express insurance provisions of the Contract do not
require or address the insurance of a property item or interest, such as tools, construction
equipment, or other personal property owned by Contractor, a Subcontractor, or an
employee of Contractor or a Subcontractor, then the entity or individual owning such
property item will be responsible for deciding whether to insure it, and if so in what
amount.
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6.06 Waiver of Rights
A. All policies purchased in accordance with Paragraph 6.05, expressly including the builder's
risk policy, shall contain provisions to the effect that in the event of payment of any loss or
damage the insurers will have no rights of recovery against any insureds thereunder, or
against Engineer or its consultants, or their officers, directors, members, partners,
employees, agents, consultants, or subcontractors. Owner and Contractor waive all rights
against each other and the respective officers, directors, members, partners, employees,
agents, consultants, and subcontractors of each and any of them, for all losses and
damages caused by, arising out of, or resulting from any of the perils or causes of loss
covered by such policies and any other property insurance applicable to the Work; and, in
addition, waive all such rights against Engineer, its consultants, all Subcontractors, all
individuals or entities identified in the Supplementary Conditions as insureds, and the
officers, directors, members, partners, employees, agents, consultants, and subcontractors
of each and any of them, under such policies for losses and damages so caused. None of
the above waivers shall extend to the rights that any party making such waiver may have to
the proceeds of insurance held by Owner or Contractor as trustee or fiduciary, or otherwise
payable under any policy so issued.
B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers,
directors, members, partners, employees, agents, consultants and subcontractors of each
and any of them, for:
1. loss due to business interruption, loss of use, or other consequential loss extending
beyond direct physical loss or damage to Owner's property or the Work caused by,
arising out of, or resulting from fire or other perils whether or not insured by Owner;
and
2. loss or damage to the completed Project or part thereof caused by, arising out of, or
resulting from fire or other insured peril or cause of loss covered by any property
insurance maintained on the completed Project or part thereof by Owner during
partial occupancy or use pursuant to Paragraph 15.04, after Substantial Completion
pursuant to Paragraph 15.03, or after final payment pursuant to Paragraph 15.06.
C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss
referred to in Paragraph 6.06.B shall contain provisions to the effect that in the event of
payment of any such loss, damage, or consequential loss, the insurers will have no rights of
recovery against Contractor, Subcontractors, or Engineer, or the officers, directors,
members, partners, employees, agents, consultants, or subcontractors of each and any of
them.
D. Contractor shall be responsible for assuring that the agreement under which a
Subcontractor performs a portion of the Work contains provisions whereby the
Subcontractor waives all rights against Owner, Contractor, all individuals or entities
identified in the Supplementary Conditions as insureds, the Engineer and its consultants,
and the officers, directors, members, partners, employees, agents, consultants, and
subcontractors of each and any of them, for all losses and damages caused by, arising out
of, relating to, or resulting from any of the perils or causes of loss covered by builder's risk
insurance and any other property insurance applicable to the Work.
6.07 Receipt and Application of Property Insurance Proceeds
A. Any insured loss under the builder's risk and other policies of insurance required by
Paragraph 6.05 will be adjusted and settled with the named insured that purchased the
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policy. Such named insured shall act as fiduciary for the other insureds, and give notice to
such other insureds that adjustment and settlement of a claim is in progress. Any other
insured may state its position regarding a claim for insured loss in writing within 15 days
after notice of such claim.
B. Proceeds for such insured losses may be made payable by the insurer either jointly to
multiple insureds, or to the named insured that purchased the policy in its own right and as
fiduciary for other insureds, subject to the requirements of any applicable mortgage clause.
A named insured receiving insurance proceeds under the builder's risk and other policies of
insurance required by Paragraph 6.05 shall distribute such proceeds in accordance with
such agreement as the parties in interest may reach, or as otherwise required under the
dispute resolution provisions of this Contract or applicable Laws and Regulations.
C. If no other special agreement is reached, the damaged Work shall be repaired or replaced,
the money so received applied on account thereof, and the Work and the cost thereof
covered by Change Order, if needed.
ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES
7.01 Supervision and Superintendence
A. Contractor shall supervise, inspect, and direct the Work competently and efficiently,
devoting such attention thereto and applying such skills and expertise as may be necessary
to perform the Work in accordance with the Contract Documents. Contractor shall be solely
responsible for the means, methods, techniques, sequences, and procedures of
construction.
B. At all times during the progress of the Work, Contractor shall assign a competent resident
superintendent who shall not be replaced without written notice to Owner and Engineer
except under extraordinary circumstances.
7.02 Labor; Working Hours
A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the
Work and perform construction as required by the Contract Documents. Contractor shall at
all times maintain good discipline and order at the Site.
B. Except as otherwise required for the safety or protection of persons or the Work or
property at the Site or adjacent thereto, and except as otherwise stated in the Contract
Documents, all Work at the Site shall be performed during regular working hours, Monday
through Friday. Contractor will not perform Work on a Saturday, Sunday, or any legal
holiday. Contractor may perform Work outside regular working hours or on Saturdays,
Sundays, or legal holidays only with Owner's written consent, which will not be
unreasonably withheld.
7.03 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, Contractor shall provide and
assume full responsibility for all services, materials, equipment, labor, transportation,
construction equipment and machinery, tools, appliances, fuel, power, light, heat,
telephone, water, sanitary facilities, temporary facilities, and all other facilities and
incidentals necessary for the performance, testing, start up, and completion of the Work,
whether or not such items are specifically called for in the Contract Documents.
B. All materials and equipment incorporated into the Work shall be of good quality and new,
except as otherwise provided in the Contract Documents. All special warranties and
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guarantees required by the Specifications shall expressly run to the benefit of Owner. If
required by Engineer, Contractor shall furnish satisfactory evidence (including reports of
required tests) as to the source, kind, and quality of materials and equipment.
C. All materials and equipment shall be stored, applied, installed, connected, erected,
protected, used, cleaned, and conditioned in accordance with instructions of the applicable
Supplier, except as otherwise may be provided in the Contract Documents.
7.04 "Or Equals"
A. Whenever an item of material or equipment is specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular Supplier,
the Contract Price has been based upon Contractor furnishing such item as specified. The
specification or description of such an item is intended to establish the type, function,
appearance, and quality required. Unless the specification or description contains or is
followed by words reading that no like, equivalent, or "or equal" item is permitted,
Contractor may request that Engineer authorize the use of other items of material or
equipment, or items from other proposed suppliers under the circumstances described
below.
1. If Engineer in its sole discretion determines that an item of material or equipment
proposed by Contractor is functionally equal to that named and sufficiently similar so
that no change in related Work will be required, Engineer shall deem it an "or equal"
item. For the purposes of this paragraph, a proposed item of material or equipment
will be considered functionally equal to an item so named if:
a. in the exercise of reasonable judgment Engineer determines that:
1) it is at least equal in materials of construction, quality, durability,
appearance, strength, and design characteristics;
2) it will reliably perform at least equally well the function and achieve the
results imposed by the design concept of the completed Project as a
functioning whole;
3) it has a proven record of performance and availability of responsive service;
and
4) it is not objectionable to Owner.
b. Contractor certifies that, if approved and incorporated into the Work:
1) there will be no increase in cost to the Owner or increase in Contract Times;
and
2) it will conform substantially to the detailed requirements of the item named
in the Contract Documents.
B. Contractor's Expense: Contractor shall provide all data in support of any proposed "or
equal" item at Contractor's expense.
C. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to
evaluate each "or-equal" request. Engineer may require Contractor to furnish additional
data about the proposed "or-equal" item. Engineer will be the sole judge of acceptability.
No "or-equal" item will be ordered, furnished, installed, or utilized until Engineer's review is
complete and Engineer determines that the proposed item is an "or-equal", which will be
evidenced by an approved Shop Drawing or other written communication. Engineer will
advise Contractor in writing of any negative determination.
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D. Effect of Engineer's Determination: Neither approval nor denial of an "or-equal" request
shall result in any change in Contract Price. The Engineer's denial of an "or-equal" request
shall be final and binding, and may not be reversed through an appeal under any provision
of the Contract Documents.
E. Treatment as a Substitution Request: If Engineer determines that an item of material or
equipment proposed by Contractor does not qualify as an "or-equal" item, Contractor may
request that Engineer considered the proposed item as a substitute pursuant to Paragraph
7.05.
7.05 Substitutes
A. Unless the specification or description of an item of material or equipment required to be
furnished under the Contract Documents contains or is followed by words reading that no
substitution is permitted, Contractor may request that Engineer authorize the use of other
items of material or equipment under the circumstances described below. To the extent
possible such requests shall be made before commencement of related construction at the
Site.
1. Contractor shall submit sufficient information as provided below to allow Engineer to
determine if the item of material or equipment proposed is functionally equivalent to
that named and an acceptable substitute therefor. Engineer will not accept requests
for review of proposed substitute items of material or equipment from anyone other
than Contractor.
2. The requirements for review by Engineer will be as set forth in Paragraph 7.05.B, as
supplemented by the Specifications, and as Engineer may decide is appropriate under
the circumstances.
3. Contractor shall make written application to Engineer for review of a proposed
substitute item of material or equipment that Contractor seeks to furnish or use. The
application:
a. shall certify that the proposed substitute item will:
1) perform adequately the functions and achieve the results called for by the
general design,
2) be similar in substance to that specified, and
3) be suited to the same use as that specified.
b. will state:
1) the extent, if any, to which the use of the proposed substitute item will
necessitate a change in Contract Times,
2) whether use of the proposed substitute item in the Work will require a
change in any of the Contract Documents (or in the provisions of any other
direct contract with Owner for other work on the Project) to adapt the
design to the proposed substitute item, and
3) whether incorporation or use of the proposed substitute item in connection
with the Work is subject to payment of any license fee or royalty.
c. will identify:
1) all variations of the proposed substitute item from that specified, and
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2) available engineering, sales, maintenance, repair, and replacement services.
d. shall contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, including but not limited to changes in
Contract Price, shared savings, costs of redesign, and claims of other contractors
affected by any resulting change.
B. Engineer's Evaluation and Determination: Engineer will be allowed a reasonable time to
evaluate each substitute request, and to obtain comments and direction from Owner.
Engineer may require Contractor to furnish additional data about the proposed substitute
item. Engineer will be the sole judge of acceptability. No substitute will be ordered,
furnished, installed, or utilized until Engineer's review is complete and Engineer determines
that the proposed item is an acceptable substitute. Engineer's determination will be
evidenced by a Field Order or a proposed Change Order accounting for the substitution
itself and all related impacts, including changes in Contract Price or Contract Times.
Engineer will advise Contractor in writing of any negative determination.
C. Special Guarantee: Owner may require Contractor to furnish at Contractor's expense a
special performance guarantee or other surety with respect to any substitute.
D. Reimbursement of Engineer's Cost: Engineer will record Engineer's costs in evaluating a
substitute proposed or submitted by Contractor. Whether or not Engineer approves a
substitute so proposed or submitted by Contractor, Contractor shall reimburse Owner for
the reasonable charges of Engineer for evaluating each such proposed substitute.
Contractor shall also reimburse Owner for the reasonable charges of Engineer for making
changes in the Contract Documents (or in the provisions of any other direct contract with
Owner) resulting from the acceptance of each proposed substitute.
E. Contractor's Expense: Contractor shall provide all data in support of any proposed
substitute at Contractor's expense.
F. Effect of Engineer's Determination: If Engineer approves the substitution request,
Contractor shall execute the proposed Change Order and proceed with the substitution.
The Engineer's denial of a substitution request shall be final and binding, and may not be
reversed through an appeal under any provision of the Contract Documents. Contractor
may challenge the scope of reimbursement costs imposed under Paragraph 7.05.D, by
timely submittal of a Change Proposal.
7.06 Concerning Subcontractors, Suppliers, and Others
A. Contractor may retain Subcontractors and Suppliers for the performance of parts of the
Work. Such Subcontractors and Suppliers must be acceptable to Owner.
B. Contractor shall retain specific Subcontractors, Suppliers, or other individuals or entities for
the performance of designated parts of the Work if required by the Contract to do so.
C. Subsequent to the submittal of Contractor's Bid or final negotiation of the terms of the
Contract, Owner may not require Contractor to retain any Subcontractor, Supplier, or other
individual or entity to furnish or perform any of the Work against which Contractor has
reasonable objection.
D. Prior to entry into any binding subcontract or purchase order, Contractor shall submit to
Owner the identity of the proposed Subcontractor or Supplier (unless Owner has already
deemed such proposed Subcontractor or Supplier acceptable, during the bidding process or
otherwise). Such proposed Subcontractor or Supplier shall be deemed acceptable to Owner
unless Owner raises a substantive, reasonable objection within five days.
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E. Owner may require the replacement of any Subcontractor, Supplier, or other individual or
entity retained by Contractor to perform any part of the Work. Owner also may require
Contractor to retain specific replacements; provided, however, that Owner may not require
a replacement to which Contractor has a reasonable objection. If Contractor has submitted
the identity of certain Subcontractors, Suppliers, or other individuals or entities for
acceptance by Owner, and Owner has accepted it (either in writing or by failing to make
written objection thereto), then Owner may subsequently revoke the acceptance of any
such Subcontractor, Supplier, or other individual or entity so identified solely on the basis
of substantive, reasonable objection after due investigation. Contractor shall submit an
acceptable replacement for the rejected Subcontractor, Supplier, or other individual or
entity.
F. If Owner requires the replacement of any Subcontractor, Supplier, or other individual or
entity retained by Contractor to perform any part of the Work, then Contractor shall be
entitled to an adjustment in Contract Price or Contract Times, or both, with respect to the
replacement; and Contractor shall initiate a Change Proposal for such adjustment within 30
days of Owner's requirement of replacement.
G. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity,
whether initially or as a replacement, shall constitute a waiver of the right of Owner to the
completion of the Work in accordance with the Contract Documents.
H. On a monthly basis Contractor shall submit to Engineer a complete list of all Subcontractors
and Suppliers having a direct contract with Contractor, and of all other Subcontractors and
Suppliers known to Contractor at the time of submittal.
I. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the
Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of
the Work just as Contractor is responsible for Contractor's own acts and omissions.
J. Contractor shall be solely responsible for scheduling and coordinating the work of
Subcontractors, Suppliers, and all other individuals or entities performing or furnishing any
of the Work.
K. Contractor shall restrict all Subcontractors, Suppliers, and such other individuals or entities
performing or furnishing any of the Work from communicating with Engineer or Owner,
except through Contractor or in case of an emergency, or as otherwise expressly allowed
herein.
L. The divisions and sections of the Specifications and the identifications of any Drawings shall
not control Contractor in dividing the Work among Subcontractors or Suppliers or
delineating the Work to be performed by any specific trade.
M. All Work performed for Contractor by a Subcontractor or Supplier shall be pursuant to an
appropriate contractual agreement that specifically binds the Subcontractor or Supplier to
the applicable terms and conditions of the Contract Documents for the benefit of Owner
and Engineer.
N. Owner may furnish to any Subcontractor or Supplier, to the extent practicable, information
about amounts paid to Contractor on account of Work performed for Contractor by the
particular Subcontractor or Supplier.
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O. Nothing in the Contract Documents:
1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or
entity any contractual relationship between Owner or Engineer and any such
Subcontractor, Supplier, or other individual or entity; nor
2. shall create any obligation on the part of Owner or Engineer to pay or to see to the
payment of any money due any such Subcontractor, Supplier, or other individual or
entity except as may otherwise be required by Laws and Regulations.
7.07 Patent Fees and Royalties
A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in
the performance of the Work or the incorporation in the Work of any invention, design,
process, product, or device which is the subject of patent rights or copyrights held by
others. If a particular invention, design, process, product, or device is specified in the
Contract Documents for use in the performance of the Work and if, to the actual
knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for
the payment of any license fee or royalty to others, the existence of such rights shall be
disclosed by Owner in the Contract Documents.
B. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold
harmless Contractor, and its officers, directors, members, partners, employees, agents,
consultants, and subcontractors from and against all claims, costs, losses, and damages
(including but not limited to all fees and charges of engineers, architects, attorneys, and
other professionals, and all court or arbitration or other dispute resolution costs) arising
out of or relating to any infringement of patent rights or copyrights incident to the use in
the performance of the Work or resulting from the incorporation in the Work of any
invention, design, process, product, or device specified in the Contract Documents, but not
identified as being subject to payment of any license fee or royalty to others required by
patent rights or copyrights.
C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and
hold harmless Owner and Engineer, and the officers, directors, members, partners,
employees, agents, consultants and subcontractors of each and any of them from and
against all claims, costs, losses, and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of or relating to any infringement
of patent rights or copyrights incident to the use in the performance of the Work or
resulting from the incorporation in the Work of any invention, design, process, product, or
device not specified in the Contract Documents.
7.08 Permits
A. Unless otherwise provided in the Contract Documents, Contractor shall obtain and pay for
all construction permits and licenses. Owner shall assist Contractor, when necessary, in
obtaining such permits and licenses. Contractor shall pay all governmental charges and
inspection fees necessary for the prosecution of the Work which are applicable at the time
of the submission of Contractor's Bid (or when Contractor became bound under a
negotiated contract). Owner shall pay all charges of utility owners for connections for
providing permanent service to the Work
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7.09 Taxes
A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by
Contractor in accordance with the Laws and Regulations of the place of the Project which
are applicable during the performance of the Work.
7.10 Laws and Regulations
A. Contractor shall give all notices required by and shall comply with all Laws and Regulations
applicable to the performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for
monitoring Contractor's compliance with any Laws or Regulations.
B. If Contractor performs any Work or takes any other action knowing or having reason to
know that it is contrary to Laws or Regulations, Contractor shall bear all resulting costs and
losses, and shall indemnify and hold harmless Owner and Engineer, and the officers,
directors, members, partners, employees, agents, consultants, and subcontractors of each
and any of them from and against all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution costs) arising out of or relating to
such Work or other action. It shall not be Contractor's responsibility to make certain that
the Work described in the Contract Documents is in accordance with Laws and Regulations,
but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03.
C. Owner or Contractor may give notice to the other party of any changes after the
submission of Contractor's Bid (or after the date when Contractor became bound under a
negotiated contract) in Laws or Regulations having an effect on the cost or time of
performance of the Work, including but not limited to changes in Laws or Regulations
having an effect on procuring permits and on sales, use, value-added, consumption, and
other similar taxes. If Owner and Contractor are unable to agree on entitlement to or on
the amount or extent, if any, of any adjustment in Contract Price or Contract Times
resulting from such changes, then within 30 days of such notice Contractor may submit a
Change Proposal, or Owner may initiate a Claim.
7.11 Record Documents
A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings,
Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written
interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such
record documents in good order and annotate them to show changes made during
construction. These record documents, together with all approved Samples, will be
available to Engineer for reference. Upon completion of the Work, Contractor shall deliver
these record documents to Engineer.
7.12 Safety and Protection
A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with the Work. Such responsibility does not
relieve Subcontractors of their responsibility for the safety of persons or property in the
performance of their work, nor for compliance with applicable safety Laws and Regulations.
Contractor shall take all necessary precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury, or loss to:
1. all persons on the Site or who may be affected by the Work;
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2. all the Work and materials and equipment to be incorporated therein, whether in
storage on or off the Site; and
3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, other work in progress, utilities, and Underground
Facilities not designated for removal, relocation, or replacement in the course of
construction.
B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of
persons or property, or to the protection of persons or property from damage, injury, or
loss; and shall erect and maintain all necessary safeguards for such safety and protection.
Contractor shall notify Owner; the owners of adjacent property, Underground Facilities,
and other utilities; and other contractors and utility owners performing work at or adjacent
to the Site, when prosecution of the Work may affect them, and shall cooperate with them
in the protection, removal, relocation, and replacement of their property or work in
progress.
C. Contractor shall comply with the applicable requirements of Owner's safety programs, if
any. The Supplementary Conditions identify any Owner's safety programs that are
applicable to the Work.
D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor's
safety program with which Owner's and Engineer's employees and representatives must
comply while at the Site.
E. All damage, injury, or loss to any property referred to in Paragraph 7.12.A.2 or 7.12.A.3
caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor,
Supplier, or any other individual or entity directly or indirectly employed by any of them to
perform any of the Work, or anyone for whose acts any of them may be liable, shall be
remedied by Contractor at its expense (except damage or loss attributable to the fault of
Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone
employed by any of them, or anyone for whose acts any of them may be liable, and not
attributable, directly or indirectly, in whole or in part, to the fault or negligence of
Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly
employed by any of them).
F. Contractor's duties and responsibilities for safety and protection shall continue until such
time as all the Work is completed and Engineer has issued a notice to Owner and
Contractor in accordance with Paragraph 15.06.B that the Work is acceptable (except as
otherwise expressly provided in connection with Substantial Completion).
G. Contractor's duties and responsibilities for safety and protection shall resume whenever
Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or
correction obligations, or to conduct other tasks arising from the Contract Documents.
7.13 Safety Representative
A. Contractor shall designate a qualified and experienced safety representative at the Site
whose duties and responsibilities shall be the prevention of accidents and the maintaining
and supervising of safety precautions and programs.
7.14 Hazard Communication Programs
A. Contractor shall be responsible for coordinating any exchange of material safety data
sheets or other hazard communication information required to be made available to or
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exchanged between or among employers at the Site in accordance with Laws or
Regulations.
7.15 Emergencies
A. In emergencies affecting the safety or protection of persons or the Work or property at the
Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage,
injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes
that any significant changes in the Work or variations from the Contract Documents have
been caused thereby or are required as a result thereof. If Engineer determines that a
change in the Contract Documents is required because of the action taken by Contractor in
response to such an emergency, a Work Change Directive or Change Order will be issued.
7.16 Shop Drawings, Samples, and Other Submittals
A. Shop Drawing and Sample Submittal Requirements:
1. Before submitting a Shop Drawing or Sample, Contractor shall have:
a. reviewed and coordinated the Shop Drawing or Sample with other Shop Drawings
and Samples and with the requirements of the Work and the Contract
Documents;
b. determined and verified all field measurements, quantities, dimensions, specified
performance and design criteria, installation requirements, materials, catalog
numbers, and similar information with respect thereto;
c. determined and verified the suitability of all materials and equipment offered
with respect to the indicated application, fabrication, shipping, handling, storage,
assembly, and installation pertaining to the performance of the Work; and
d. determined and verified all information relative to Contractor's responsibilities
for means, methods, techniques, sequences, and procedures of construction, and
safety precautions and programs incident thereto.
2. Each submittal shall bear a stamp or specific written certification that Contractor has
satisfied Contractor's obligations under the Contract Documents with respect to
Contractor's review of that submittal, and that Contractor approves the submittal.
3. With each submittal, Contractor shall give Engineer specific written notice of any
variations that the Shop Drawing or Sample may have from the requirements of the
Contract Documents. This notice shall be set forth in a written communication
separate from the Shop Drawings or Sample submittal; and, in addition, in the case of
Shop Drawings by a specific notation made on each Shop Drawing submitted to
Engineer for review and approval of each such variation.
B. Submittal Procedures for Shop Drawings and Samples: Contractor shall submit Shop
Drawings and Samples to Engineer for review and approval in accordance with the
accepted Schedule of Submittals. Each submittal will be identified as Engineer may require.
1. Shop Drawings:
a. Contractor shall submit the number of copies required in the Specifications.
b. Data shown on the Shop Drawings will be complete with respect to quantities,
dimensions, specified performance and design criteria, materials, and similar data
to show Engineer the services, materials, and equipment Contractor proposes to
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provide and to enable Engineer to review the information for the limited
purposes required by Paragraph 7.16.D.
2. Samples:
a. Contractor shall submit the number of Samples required in the Specifications.
b. Contractor shall clearly identify each Sample as to material, Supplier, pertinent
data such as catalog numbers, the use for which intended and other data as
Engineer may require to enable Engineer to review the submittal for the limited
purposes required by Paragraph 7.16.D.
3. Where a Shop Drawing or Sample is required by the Contract Documents or the
Schedule of Submittals, any related Work performed prior to Engineer's review and
approval of the pertinent submittal will be at the sole expense and responsibility of
Contractor.
C. Other Submittals: Contractor shall submit other submittals to Engineer in accordance with
the accepted Schedule of Submittals, and pursuant to the applicable terms of the
Specifications.
D. Engineer's Review:
1. Engineer will provide timely review of Shop Drawings and Samples in accordance with
the Schedule of Submittals acceptable to Engineer. Engineer's review and approval will
be only to determine if the items covered by the submittals will, after installation or
incorporation in the Work, conform to the information given in the Contract
Documents and be compatible with the design concept of the completed Project as a
functioning whole as indicated by the Contract Documents.
2. Engineer's review and approval will not extend to means, methods, techniques,
sequences, or procedures of construction or to safety precautions or programs
incident thereto.
3. Engineer's review and approval of a separate item as such will not indicate approval of
the assembly in which the item functions.
4. Engineer's review and approval of a Shop Drawing or Sample shall not relieve
Contractor from responsibility for any variation from the requirements of the Contract
Documents unless Contractor has complied with the requirements of Paragraph
7.16.A.3 and Engineer has given written approval of each such variation by specific
written notation thereof incorporated in or accompanying the Shop Drawing or
Sample. Engineer will document any such approved variation from the requirements
of the Contract Documents in a Field Order.
5. Engineer's review and approval of a Shop Drawing or Sample shall not relieve
Contractor from responsibility for complying with the requirements of Paragraph
7.16.A and B.
6. Engineer's review and approval of a Shop Drawing or Sample, or of a variation from
the requirements of the Contract Documents, shall not, under any circumstances,
change the Contract Times or Contract Price, unless such changes are included in a
Change Order.
7. Neither Engineer's receipt, review, acceptance or approval of a Shop Drawing, Sample,
or other submittal shall result in such item becoming a Contract Document.
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8. Contractor shall perform the Work in compliance with the requirements and
commitments set forth in approved Shop Drawings and Samples, subject to the
provisions of Paragraph 7.16.D.4.
E. Resubmittal Procedures:
1. Contractor shall make corrections required by Engineer and shall return the required
number of corrected copies of Shop Drawings and submit, as required, new Samples
for review and approval. Contractor shall direct specific attention in writing to
revisions other than the corrections called for by Engineer on previous submittals.
2. Contractor shall furnish required submittals with sufficient information and accuracy
to obtain required approval of an item with no more than three submittals. Engineer
will record Engineer's time for reviewing a fourth or subsequent submittal of a Shop
Drawings, sample, or other item requiring approval, and Contractor shall be
responsible for Engineer's charges to Owner for such time. Owner may impose a set-
off against payments due to Contractor to secure reimbursement for such charges.
3. If Contractor requests a change of a previously approved submittal item, Contractor
shall be responsible for Engineer's charges to Owner for its review time, and Owner
may impose a set-off against payments due to Contractor to secure reimbursement for
such charges, unless the need for such change is beyond the control of Contractor.
7.17 Contractor's General Warranty and Guarantee
A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the
Contract Documents and will not be defective. Engineer and its officers, directors,
members, partners, employees, agents, consultants, and subcontractors shall be entitled to
rely on Contractor's warranty and guarantee.
B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or operation by persons other than
Contractor, Subcontractors, Suppliers, or any other individual or entity for whom
Contractor is responsible; or
2. normal wear and tear under normal usage.
C. Contractor's obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will constitute an acceptance of Work
that is not in accordance with the Contract Documents or a release of Contractor's
obligation to perform the Work in accordance with the Contract Documents:
1. observations by Engineer;
2. recommendation by Engineer or payment by Owner of any progress or final payment;
3. the issuance of a certificate of Substantial Completion by Engineer or any payment
related thereto by Owner;
4. use or occupancy of the Work or any part thereof by Owner;
5. any review and approval of a Shop Drawing or Sample submittal;
6. the issuance of a notice of acceptability by Engineer;
7. any inspection, test, or approval by others; or
8. any correction of defective Work by Owner.
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D. If the Contract requires the Contractor to accept the assignment of a contract entered into
by Owner, then the specific warranties, guarantees, and correction obligations contained in
the assigned contract shall govern with respect to Contractor's performance obligations to
Owner for the Work described in the assigned contract.
7.18 Indemnification
A. To the fullest extent permitted by Laws and Regulations, and in addition to any other
obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and
hold harmless Owner and Engineer, and the officers, directors, members, partners,
employees, agents, consultants and subcontractors of each and any of them from and
against all claims, costs, losses, and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of or relating to the performance
of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily
injury, sickness, disease, or death, or to injury to or destruction of tangible property (other
than the Work itself), including the loss of use resulting therefrom but only to the extent
caused by any negligent act or omission of Contractor, any Subcontractor, any Supplier, or
any individual or entity directly or indirectly employed by any of them to perform any of
the Work or anyone for whose acts any of them may be liable.
B. In any and all claims against Owner or Engineer or any of their officers, directors, members,
partners, employees, agents, consultants, or subcontractors by any employee (or the
survivor or personal representative of such employee) of Contractor, any Subcontractor,
any Supplier, or any individual or entity directly or indirectly employed by any of them to
perform any of the Work, or anyone for whose acts any of them may be liable, the
indemnification obligation under Paragraph 7.18.A shall not be limited in any way by any
limitation on the amount or type of damages, compensation, or benefits payable by or for
Contractor or any such Subcontractor, Supplier, or other individual or entity under workers'
compensation acts, disability benefit acts, or other employee benefit acts.
C. The indemnification obligations of Contractor under Paragraph 7.18.A shall not extend to
the liability of Engineer and Engineer's officers, directors, members, partners, employees,
agents, consultants and subcontractors arising out of:
1. the preparation or approval of, or the failure to prepare or approve maps, Drawings,
opinions, reports, surveys, Change Orders, designs, or Specifications; or
2. giving directions or instructions, or failing to give them, if that is the primary cause of
the injury or damage.
7.19 Delegation of Professional Design Services
A. Contractor will not be required to provide professional design services unless such services
are specifically required by the Contract Documents for a portion of the Work or unless
such services are required to carry out Contractor's responsibilities for construction means,
methods, techniques, sequences and procedures. Contractor shall not be required to
provide professional services in violation of applicable Laws and Regulations.
B. If professional design services or certifications by a design professional related to systems,
materials, or equipment are specifically required of Contractor by the Contract Documents,
Owner and Engineer will specify all performance and design criteria that such services must
satisfy. Contractor shall cause such services or certifications to be provided by a properly
licensed professional, whose signature and seal shall appear on all drawings, calculations,
specifications, certifications, and other submittals prepared by such professional. Shop
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Drawings and other submittals related to the Work designed or certified by such
professional, if prepared by others, shall bear such professional's written approval when
submitted to Engineer.
C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy, and
completeness of the services, certifications, or approvals performed by such design
professionals, provided Owner and Engineer have specified to Contractor all performance
and design criteria that such services must satisfy.
D. Pursuant to this paragraph, Engineer's review and approval of design calculations and
design drawings will be only for the limited purpose of checking for conformance with
performance and design criteria given and the design concept expressed in the Contract
Documents. Engineer's review and approval of Shop Drawings and other submittals (except
design calculations and design drawings) will be only for the purpose stated in Paragraph
7.16.D.1.
E. Contractor shall not be responsible for the adequacy of the performance or design criteria
specified by Owner or Engineer.
ARTICLE 8—OTHER WORK AT THE SITE
8.01 Other Work
A. In addition to and apart from the Work under the Contract Documents, the Owner may
perform other work at or adjacent to the Site. Such other work may be performed by
Owner's employees, or through contracts between the Owner and third parties. Owner
may also arrange to have third-party utility owners perform work on their utilities and
facilities at or adjacent to the Site.
B. If Owner performs other work at or adjacent to the Site with Owner's employees, or
through contracts for such other work, then Owner shall give Contractor written notice
thereof prior to starting any such other work. If Owner has advance information regarding
the start of any utility work at or adjacent to the Site, Owner shall provide such information
to Contractor.
C. Contractor shall afford each other contractor that performs such other work, each utility
owner performing other work, and Owner, if Owner is performing other work with Owner's
employees, proper and safe access to the Site, and provide a reasonable opportunity for
the introduction and storage of materials and equipment and the execution of such other
work. Contractor shall do all cutting, fitting, and patching of the Work that may be required
to properly connect or otherwise make its several parts come together and properly
integrate with such other work. Contractor shall not endanger any work of others by
cutting, excavating, or otherwise altering such work; provided, however, that Contractor
may cut or alter others' work with the written consent of Engineer and the others whose
work will be affected.
D. If the proper execution or results of any part of Contractor's Work depends upon work
performed by others under this Article 8, Contractor shall inspect such other work and
promptly report to Engineer in writing any delays, defects, or deficiencies in such other
work that render it unavailable or unsuitable for the proper execution and results of
Contractor's Work. Contractor's failure to so report will constitute an acceptance of such
other work as fit and proper for integration with Contractor's Work except for latent
defects and deficiencies in such other work.
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8.02 Coordination
A. If Owner intends to contract with others for the performance of other work at or adjacent
to the Site, to perform other work at or adjacent to the Site with Owner's employees, or to
arrange to have utility owners perform work at or adjacent to the Site, the following will be
set forth in the Supplementary Conditions or provided to Contractor prior to the start of
any such other work:
1. the identity of the individual or entity that will have authority and responsibility for
coordination of the activities among the various contractors;
2. an itemization of the specific matters to be covered by such authority and
responsibility; and
3. the extent of such authority and responsibilities.
B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole
authority and responsibility for such coordination.
8.03 Legal Relationships
A. If, in the course of performing other work at or adjacent to the Site for Owner, the Owner's
employees, any other contractor working for Owner, or any utility owner causes damage to
the Work or to the property of Contractor or its Subcontractors, or delays, disrupts,
interferes with, or increases the scope or cost of the performance of the Work, through
actions or inaction, then Contractor shall be entitled to an equitable adjustment in the
Contract Price or the Contract Times, or both. Contractor must submit any Change Proposal
seeking an equitable adjustment in the Contract Price or the Contract Times under this
paragraph within 30 days of the damaging, delaying, disrupting, or interfering event. The
entitlement to, and extent of, any such equitable adjustment shall take into account
information (if any) regarding such other work that was provided to Contractor in the
Contract Documents prior to the submittal of the Bid or the final negotiation of the terms
of the Contract. When applicable, any such equitable adjustment in Contract Price shall be
conditioned on Contractor assigning to Owner all Contractor's rights against such other
contractor or utility owner with respect to the damage, delay, disruption, or interference
that is the subject of the adjustment. Contractor's entitlement to an adjustment of the
Contract Times is conditioned on such adjustment being essential to Contractor's ability to
complete the Work within the Contract Times.
B. Contractor shall take reasonable and customary measures to avoid damaging, delaying,
disrupting, or interfering with the work of Owner, any other contractor, or any utility owner
performing other work at or adjacent to the Site. If Contractor fails to take such measures
and as a result damages, delays, disrupts, or interferes with the work of any such other
contractor or utility owner, then Owner may impose a set-off against payments due to
Contractor, and assign to such other contractor or utility owner the Owner's contractual
rights against Contractor with respect to the breach of the obligations set forth in this
paragraph.
C. When Owner is performing other work at or adjacent to the Site with Owner's employees,
Contractor shall be liable to Owner for damage to such other work, and for the reasonable
direct delay, disruption, and interference costs incurred by Owner as a result of
Contractor's failure to take reasonable and customary measures with respect to Owner's
other work. In response to such damage, delay, disruption, or interference, Owner may
impose a set-off against payments due to Contractor.
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D. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor,
or any utility owner performing other work at or adjacent to the Site, through Contractor's
failure to take reasonable and customary measures to avoid such impacts, or if any claim
arising out of Contractor's actions, inactions, or negligence in performance of the Work at
or adjacent to the Site is made by any such other contractor or utility owner against
Contractor, Owner, or Engineer, then Contractor shall (1) promptly attempt to settle the
claim as to all parties through negotiations with such other contractor or utility owner, or
otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law,
and (2) indemnify and hold harmless Owner and Engineer, and the officers, directors,
members, partners, employees, agents, consultants and subcontractors of each and any of
them from and against any such claims, and against all costs, losses, and damages
(including but not limited to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other dispute resolution costs) arising out
of or relating to such damage, delay, disruption, or interference.
ARTICLE 9—OWNER'S RESPONSIBILITIES
9.01 Communications to Contractor
A. Except as otherwise provided in these General Conditions, Owner shall issue all
communications to Contractor through Engineer.
9.02 Replacement of Engineer
A. Owner may at its discretion appoint an engineer to replace Engineer, provided Contractor
makes no reasonable objection to the replacement engineer. The replacement engineer's
status under the Contract Documents shall be that of the former Engineer.
9.03 Furnish Data
A. Owner shall promptly furnish the data required of Owner under the Contract Documents.
9.04 Pay When Due
A. Owner shall make payments to Contractor when they are due as provided in the
Agreement.
9.05 Lands and Easements;Reports, Tests, and Drawings
A. Owner's duties with respect to providing lands and easements are set forth in Paragraph
5.01.
B. Owner's duties with respect to providing engineering surveys to establish reference points
are set forth in Paragraph 4.03.
C. Article 5 refers to Owner's identifying and making available to Contractor copies of reports
of explorations and tests of conditions at the Site, and drawings of physical conditions
relating to existing surface or subsurface structures at the Site.
9.06 Insurance
A. Owner's responsibilities, if any, with respect to purchasing and maintaining liability and
property insurance are set forth in Article 6.
9.07 Change Orders
A. Owner's responsibilities with respect to Change Orders are set forth in Article 11.
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9.08 Inspections, Tests, and Approvals
A. Owner's responsibility with respect to certain inspections, tests, and approvals is set forth
in Paragraph 14.02.B.
9.09 Limitations on Owner's Responsibilities
A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible
for, Contractor's means, methods, techniques, sequences, or procedures of construction,
or the safety precautions and programs incident thereto, or for any failure of Contractor to
comply with Laws and Regulations applicable to the performance of the Work. Owner will
not be responsible for Contractor's failure to perform the Work in accordance with the
Contract Documents.
9.10 Undisclosed Hazardous Environmental Condition
A. Owner's responsibility in respect to an undisclosed Hazardous Environmental Condition is
set forth in Paragraph 5.06.
9.11 Evidence of Financial Arrangements
A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that
financial arrangements have been made to satisfy Owner's obligations under the Contract
Documents (including obligations under proposed changes in the Work).
9.12 Safety Programs
A. While at the Site, Owner's employees and representatives shall comply with the specific
applicable requirements of Contractor's safety programs of which Owner has been
informed.
B. Owner shall furnish copies of any applicable Owner safety programs to Contractor.
ARTICLE 10—ENGINEER'S STATUS DURING CONSTRUCTION
10.01 Owner's Representative
A. Engineer will be Owner's representative during the construction period. The duties and
responsibilities and the limitations of authority of Engineer as Owner's representative
during construction are set forth in the Contract.
10.02 Visits to Site
A. Engineer will make visits to the Site at intervals appropriate to the various stages of
construction as Engineer deems necessary in order to observe as an experienced and
qualified design professional the progress that has been made and the quality of the
various aspects of Contractor's executed Work. Based on information obtained during such
visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the
Work is proceeding in accordance with the Contract Documents. Engineer will not be
required to make exhaustive or continuous inspections on the Site to check the quality or
quantity of the Work. Engineer's efforts will be directed toward providing for Owner a
greater degree of confidence that the completed Work will conform generally to the
Contract Documents. On the basis of such visits and observations, Engineer will keep
Owner informed of the progress of the Work and will endeavor to guard Owner against
defective Work.
B. Engineer's visits and observations are subject to all the limitations on Engineer's authority
and responsibility set forth in Paragraph 10.08. Particularly, but without limitation, during
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or as a result of Engineer's visits or observations of Contractor's Work, Engineer will not
supervise, direct, control, or have authority over or be responsible for Contractor's means,
methods, techniques, sequences, or procedures of construction, or the safety precautions
and programs incident thereto, or for any failure of Contractor to comply with Laws and
Regulations applicable to the performance of the Work.
10.03 Project Representative
A. If Owner and Engineer have agreed that Engineer will furnish a Resident Project
Representative to represent Engineer at the Site and assist Engineer in observing the
progress and quality of the Work, then the authority and responsibilities of any such
Resident Project Representative will be as provided in the Supplementary Conditions, and
limitations on the responsibilities thereof will be as provided in Paragraph 10.08. If Owner
designates another representative or agent to represent Owner at the Site who is not
Engineer's consultant, agent, or employee, the responsibilities and authority and
limitations thereon of such other individual or entity will be as provided in the
Supplementary Conditions.
10.04 Rejecting Defective Work
A. Engineer has the authority to reject Work in accordance with Article 14.
10.05 Shop Drawings, Change Orders and Payments
A. Engineer's authority, and limitations thereof, as to Shop Drawings and Samples, are set
forth in Paragraph 7.16.
B. Engineer's authority, and limitations thereof, as to design calculations and design drawings
submitted in response to a delegation of professional design services, if any, are set forth in
Paragraph 7.19.
C. Engineer's authority as to Change Orders is set forth in Article 11.
D. Engineer's authority as to Applications for Payment is set forth in Article 15.
10.06 Determinations for Unit Price Work
A. Engineer will determine the actual quantities and classifications of Unit Price Work
performed by Contractor as set forth in Paragraph 13.03.
10.07 Decisions on Requirements of Contract Documents and Acceptability of Work
A. Engineer will render decisions regarding the requirements of the Contract Documents, and
judge the acceptability of the Work, pursuant to the specific procedures set forth herein for
initial interpretations, Change Proposals, and acceptance of the Work. In rendering such
decisions and judgments, Engineer will not show partiality to Owner or Contractor, and will
not be liable to Owner, Contractor, or others in connection with any proceedings,
interpretations, decisions, or judgments conducted or rendered in good faith.
10.08 Limitations on Engineer's Authority and Responsibilities
A. Neither Engineer's authority or responsibility under this Article 10 or under any other
provision of the Contract, nor any decision made by Engineer in good faith either to
exercise or not exercise such authority or responsibility or the undertaking, exercise, or
performance of any authority or responsibility by Engineer, shall create, impose, or give rise
to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any
Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee
or agent of any of them.
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B. Engineer will not supervise, direct, control, or have authority over or be responsible for
Contractor's means, methods, techniques, sequences, or procedures of construction, or the
safety precautions and programs incident thereto, or for any failure of Contractor to
comply with Laws and Regulations applicable to the performance of the Work. Engineer will
not be responsible for Contractor's failure to perform the Work in accordance with the
Contract Documents.
C. Engineer will not be responsible for the acts or omissions of Contractor or of any
Subcontractor, any Supplier, or of any other individual or entity performing any of the
Work.
D. Engineer's review of the final Application for Payment and accompanying documentation
and all maintenance and operating instructions, schedules, guarantees, bonds, certificates
of inspection, tests and approvals, and other documentation required to be delivered by
Paragraph 15.06.A will only be to determine generally that their content complies with the
requirements of, and in the case of certificates of inspections, tests, and approvals, that the
results certified indicate compliance with the Contract Documents.
E. The limitations upon authority and responsibility set forth in this Paragraph 10.08 shall also
apply to the Resident Project Representative, if any.
10.09 Compliance with Safety Program
A. While at the Site, Engineer's employees and representatives will comply with the specific
applicable requirements of Owner's and Contractor's safety programs (if any) of which
Engineer has been informed.
ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK
11.01 Amending and Supplementing Contract Documents
A. The Contract Documents may be amended or supplemented by a Change Order, a Work
Change Directive, or a Field Order.
1. Change Orders:
a. If an amendment or supplement to the Contract Documents includes a change in
the Contract Price or the Contract Times, such amendment or supplement must
be set forth in a Change Order. A Change Order also may be used to establish
amendments and supplements of the Contract Documents that do not affect the
Contract Price or Contract Times.
b. Owner and Contractor may amend those terms and conditions of the Contract
Documents that do not involve (1) the performance or acceptability of the Work,
(2) the design (as set forth in the Drawings, Specifications, or otherwise), or (3)
other engineering or technical matters, without the recommendation of the
Engineer. Such an amendment shall be set forth in a Change Order.
2. Work Change Directives: A Work Change Directive will not change the Contract Price
or the Contract Times but is evidence that the parties expect that the modification
ordered or documented by a Work Change Directive will be incorporated in a
subsequently issued Change Order, following negotiations by the parties as to the
Work Change Directive's effect, if any, on the Contract Price and Contract Times; or, if
negotiations are unsuccessful, by a determination under the terms of the Contract
Documents governing adjustments, expressly including Paragraph 11.04 regarding
change of Contract Price. Contractor must submit any Change Proposal seeking an
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adjustment of the Contract Price or the Contract Times, or both, no later than 30 days
after the completion of the Work set out in the Work Change Directive. Owner must
submit any Claim seeking an adjustment of the Contract Price or the Contract Times,
or both, no later than 60 days after issuance of the Work Change Directive.
3. Field Orders: Engineer may authorize minor changes in the Work if the changes do not
involve an adjustment in the Contract Price or the Contract Times and are compatible
with the design concept of the completed Project as a functioning whole as indicated
by the Contract Documents. Such changes will be accomplished by a Field Order and
will be binding on Owner and also on Contractor, which shall perform the Work
involved promptly. If Contractor believes that a Field Order justifies an adjustment in
the Contract Price or Contract Times, or both, then before proceeding with the Work
at issue, Contractor shall submit a Change Proposal as provided herein.
11.02 Owner-Authorized Changes in the Work
A. Without invalidating the Contract and without notice to any surety, Owner may, at any
time or from time to time, order additions, deletions, or revisions in the Work. Such
changes shall be supported by Engineer's recommendation, to the extent the change
involves the design (as set forth in the Drawings, Specifications, or otherwise), or other
engineering or technical matters. Such changes may be accomplished by a Change Order, if
Owner and Contractor have agreed as to the effect, if any, of the changes on Contract
Times or Contract Price; or by a Work Change Directive. Upon receipt of any such
document, Contractor shall promptly proceed with the Work involved; or, in the case of a
deletion in the Work, promptly cease construction activities with respect to such deleted
Work. Added or revised Work shall be performed under the applicable conditions of the
Contract Documents. Nothing in this paragraph shall obligate Contractor to undertake work
that Contractor reasonably concludes cannot be performed in a manner consistent with
Contractor's safety obligations under the Contract Documents or Laws and Regulations.
11.03 Unauthorized Changes in the Work
A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the
Contract Times with respect to any work performed that is not required by the Contract
Documents, as amended, modified, or supplemented, except in the case of an emergency
as provided in Paragraph 7.15 or in the case of uncovering Work as provided in Paragraph
14.05.
11.04 Change of Contract Price
A. The Contract Price may only be changed by a Change Order. Any Change Proposal for an
adjustment in the Contract Price shall comply with the provisions of Paragraph 11.06. Any
Claim for an adjustment of Contract Price shall comply with the provisions of Article 12.
B. An adjustment in the Contract Price will be determined as follows:
1. where the Work involved is covered by unit prices contained in the Contract
Documents, then by application of such unit prices to the quantities of the items
involved (subject to the provisions of Paragraph 13.03); or
2. where the Work involved is not covered by unit prices contained in the Contract
Documents, then by a mutually agreed lump sum (which may include an allowance for
overhead and profit not necessarily in accordance with Paragraph 11.04.C.2); or
3. where the Work involved is not covered by unit prices contained in the Contract
Documents and the parties do not reach mutual agreement to a lump sum, then on
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the basis of the Cost of the Work (determined as provided in Paragraph 13.01) plus a
Contractor's fee for overhead and profit (determined as provided in Paragraph
11.04.C).
C. Contractor's Fee: When applicable, the Contractor's fee for overhead and profit shall be
determined as follows:
1. a mutually acceptable fixed fee; or
2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the
various portions of the Cost of the Work:
a. for costs incurred under Paragraphs 13.01.B.1 and 13.01.B.2, the Contractor's fee
shall be 15 percent;
b. for costs incurred under Paragraph 13.01.B.3, the Contractor's fee shall be five
percent;
c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus
a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.01.C.2.a and
11.01.C.2.b is that the Contractor's fee shall be based on: (1) a fee of 15 percent
of the costs incurred under Paragraphs 13.01.A.1 and 13.01.A.2 by the
Subcontractor that actually performs the Work, at whatever tier, and (2) with
respect to Contractor itself and to any Subcontractors of a tier higher than that of
the Subcontractor that actually performs the Work, a fee of five percent of the
amount (fee plus underlying costs incurred) attributable to the next lower tier
Subcontractor; provided, however, that for any such subcontracted work the
maximum total fee to be paid by Owner shall be no greater than 27 percent of
the costs incurred by the Subcontractor that actually performs the work;
d. no fee shall be payable on the basis of costs itemized under Paragraphs 13.01.B.4,
13.01.B.5, and 13.01.C;
e. the amount of credit to be allowed by Contractor to Owner for any change which
results in a net decrease in cost will be the amount of the actual net decrease in
cost plus a deduction in Contractor's fee by an amount equal to five percent of
such net decrease; and
f. when both additions and credits are involved in any one change, the adjustment
in Contractor's fee shall be computed on the basis of the net change in
accordance with Paragraphs 11.04.C.2.a through 11.04.C.2.e, inclusive.
11.05 Change of Contract Times
A. The Contract Times may only be changed by a Change Order. Any Change Proposal for an
adjustment in the Contract Times shall comply with the provisions of Paragraph 11.06. Any
Claim for an adjustment in the Contract Times shall comply with the provisions of Article
12.
B. An adjustment of the Contract Times shall be subject to the limitations set forth in
Paragraph 4.05, concerning delays in Contractor's progress.
11.06 Change Proposals
A. Contractor shall submit a Change Proposal to Engineer to request an adjustment in the
Contract Times or Contract Price; appeal an initial decision by Engineer concerning the
requirements of the Contract Documents or relating to the acceptability of the Work under
the Contract Documents; contest a set-off against payment due; or seek other relief under
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the Contract. The Change Proposal shall specify any proposed change in Contract Times or
Contract Price, or both, or other proposed relief, and explain the reason for the proposed
change, with citations to any governing or applicable provisions of the Contract Documents.
1. Procedures: Contractor shall submit each Change Proposal to Engineer promptly (but
in no event later than 30 days) after the start of the event giving rise thereto, or after
such initial decision. The Contractor shall submit supporting data, including the
proposed change in Contract Price or Contract Time (if any), to the Engineer and
Owner within 15 days after the submittal of the Change Proposal. The supporting data
shall be accompanied by a written statement that the supporting data are accurate
and complete, and that any requested time or price adjustment is the entire
adjustment to which Contractor believes it is entitled as a result of said event.
Engineer will advise Owner regarding the Change Proposal, and consider any
comments or response from Owner regarding the Change Proposal.
2. Engineer's Action: Engineer will review each Change Proposal and, within 30 days after
receipt of the Contractor's supporting data, either deny the Change Proposal in whole,
approve it in whole, or deny it in part and approve it in part. Such actions shall be in
writing, with a copy provided to Owner and Contractor. If Engineer does not take
action on the Change Proposal within 30 days, then either Owner or Contractor may at
any time thereafter submit a letter to the other party indicating that as a result of
Engineer's inaction the Change Proposal is deemed denied, thereby commencing the
time for appeal of the denial under Article 12.
3. Binding Decision: Engineer's decision will be final and binding upon Owner and
Contractor, unless Owner or Contractor appeals the decision by filing a Claim under
Article 12.
B. Resolution of Certain Change Proposals: If the Change Proposal does not involve the design
(as set forth in the Drawings, Specifications, or otherwise), the acceptability of the Work, or
other engineering or technical matters, then Engineer will notify the parties that the
Engineer is unable to resolve the Change Proposal. For purposes of further resolution of
such a Change Proposal, such notice shall be deemed a denial, and Contractor may choose
to seek resolution under the terms of Article 12.
11.07 Execution of Change Orders
A. Owner and Contractor shall execute appropriate Change Orders covering:
1. changes in the Contract Price or Contract Times which are agreed to by the parties,
including any undisputed sum or amount of time for Work actually performed in
accordance with a Work Change Directive;
2. changes in Contract Price resulting from an Owner set-off, unless Contractor has duly
contested such set-off;
3. changes in the Work which are: (a) ordered by Owner pursuant to Paragraph 11.02, (b)
required because of Owner's acceptance of defective Work under Paragraph 14.04 or
Owner's correction of defective Work under Paragraph 14.07, or (c) agreed to by the
parties, subject to the need for Engineer's recommendation if the change in the Work
involves the design (as set forth in the Drawings, Specifications, or otherwise), or other
engineering or technical matters; and
4. changes in the Contract Price or Contract Times, or other changes, which embody the
substance of any final and binding results under Paragraph 11.06, or Article 12.
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B. If Owner or Contractor refuses to execute a Change Order that is required to be executed
under the terms of this Paragraph 11.07, it shall be deemed to be of full force and effect, as
if fully executed.
11.08 Notification to Surety
A. If the provisions of any bond require notice to be given to a surety of any change affecting
the general scope of the Work or the provisions of the Contract Documents (including, but
not limited to, Contract Price or Contract Times), the giving of any such notice will be
Contractor's responsibility. The amount of each applicable bond will be adjusted to reflect
the effect of any such change.
ARTICLE 12—CLAIMS
12.01 Claims
A. Claims Process: The following disputes between Owner and Contractor shall be submitted
to the Claims process set forth in this Article:
1. Appeals by Owner or Contractor of Engineer's decisions regarding Change Proposals;
2. Owner demands for adjustments in the Contract Price or Contract Times, or other
relief under the Contract Documents; and
3. Disputes that Engineer has been unable to address because they do not involve the
design (as set forth in the Drawings, Specifications, or otherwise), the acceptability of
the Work, or other engineering or technical matters.
B. Submittal of Claim: The party submitting a Claim shall deliver it directly to the other party
to the Contract promptly (but in no event later than 30 days) after the start of the event
giving rise thereto; in the case of appeals regarding Change Proposals within 30 days of the
decision under appeal. The party submitting the Claim shall also furnish a copy to the
Engineer, for its information only. The responsibility to substantiate a Claim shall rest with
the party making the Claim. In the case of a Claim by Contractor seeking an increase in the
Contract Times or Contract Price, or both, Contractor shall certify that the Claim is made in
good faith, that the supporting data are accurate and complete, and that to the best of
Contractor's knowledge and belief the amount of time or money requested accurately
reflects the full amount to which Contractor is entitled.
C. Review and Resolution: The party receiving a Claim shall review it thoroughly, giving full
consideration to its merits. The two parties shall seek to resolve the Claim through the
exchange of information and direct negotiations. The parties may extend the time for
resolving the Claim by mutual agreement. All actions taken on a Claim shall be stated in
writing and submitted to the other party, with a copy to Engineer.
D. Mediation:
1. At any time after initiation of a Claim, Owner and Contractor may mutually agree to
mediation of the underlying dispute. The agreement to mediate shall stay the Claim
submittal and response process.
2. If Owner and Contractor agree to mediation, then after 60 days from such agreement,
either Owner or Contractor may unilaterally terminate the mediation process, and the
Claim submittal and decision process shall resume as of the date of the termination. If
the mediation proceeds but is unsuccessful in resolving the dispute, the Claim
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submittal and decision process shall resume as of the date of the conclusion of the
mediation, as determined by the mediator.
3. Owner and Contractor shall each pay one-half of the mediator's fees and costs.
E. Partial Approval: If the party receiving a Claim approves the Claim in part and denies it in
part, such action shall be final and binding unless within 30 days of such action the other
party invokes the procedure set forth in Article 17 for final resolution of disputes.
F. Denial of Claim: If efforts to resolve a Claim are not successful, the party receiving the Claim
may deny it by giving written notice of denial to the other party. If the receiving party does
not take action on the Claim within 90 days, then either Owner or Contractor may at any
time thereafter submit a letter to the other party indicating that as a result of the inaction,
the Claim is deemed denied, thereby commencing the time for appeal of the denial. A
denial of the Claim shall be final and binding unless within 30 days of the denial the other
party invokes the procedure set forth in Article 17 for the final resolution of disputes.
G. Final and Binding Results: If the parties reach a mutual agreement regarding a Claim,
whether through approval of the Claim, direct negotiations, mediation, or otherwise; or if a
Claim is approved in part and denied in part, or denied in full, and such actions become
final and binding; then the results of the agreement or action on the Claim shall be
incorporated in a Change Order to the extent they affect the Contract, including the Work,
the Contract Times, or the Contract Price.
ARTICLE 13—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK
13.01 Cost of the Work
A. Purposes for Determination of Cost of the Work: The term Cost of the Work means the sum
of all costs necessary for the proper performance of the Work at issue, as further defined
below.The provisions of this Paragraph 13.01 are used for two distinct purposes:
1. To determine Cost of the Work when Cost of the Work is a component of the Contract
Price, under cost-plus-fee,time-and-materials, or other cost-based terms; or
2. To determine the value of a Change Order, Change Proposal, Claim, set-off, or other
adjustment in Contract Price. When the value of any such adjustment is determined
on the basis of Cost of the Work, Contractor is entitled only to those additional or
incremental costs required because of the change in the Work or because of the event
giving rise to the adjustment.
B. Costs Included: Except as otherwise may be agreed to in writing by Owner, costs included in
the Cost of the Work shall be in amounts no higher than those prevailing in the locality of
the Project, shall not include any of the costs itemized in Paragraph 13.01.C, and shall
include only the following items:
1. Payroll costs for employees in the direct employ of Contractor in the performance of
the Work under schedules of job classifications agreed upon by Owner and Contractor.
Such employees shall include, without limitation, superintendents, foremen, and other
personnel employed full time on the Work. Payroll costs for employees not employed
full time on the Work shall be apportioned on the basis of their time spent on the
Work. Payroll costs shall include, but not be limited to, salaries and wages plus the
cost of fringe benefits, which shall include social security contributions,
unemployment, excise, and payroll taxes, workers' compensation, health and
retirement benefits, bonuses, sick leave, and vacation and holiday pay applicable
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thereto. The expenses of performing Work outside of regular working hours, on
Saturday, Sunday, or legal holidays, shall be included in the above to the extent
authorized by Owner.
2. Cost of all materials and equipment furnished and incorporated in the Work, including
costs of transportation and storage thereof, and Suppliers' field services required in
connection therewith. All cash discounts shall accrue to Contractor unless Owner
deposits funds with Contractor with which to make payments, in which case the cash
discounts shall accrue to Owner. All trade discounts, rebates, and refunds and returns
from sale of surplus materials and equipment shall accrue to Owner, and Contractor
shall make provisions so that they may be obtained.
3. Payments made by Contractor to Subcontractors for Work performed by
Subcontractors. If required by Owner, Contractor shall obtain competitive bids from
subcontractors acceptable to Owner and Contractor and shall deliver such bids to
Owner, who will then determine, with the advice of Engineer, which bids, if any, will
be acceptable. If any subcontract provides that the Subcontractor is to be paid on the
basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall
be determined in the same manner as Contractor's Cost of the Work and fee as
provided in this Paragraph 13.01.
4. Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, surveyors, attorneys, and accountants) employed for services specifically
related to the Work.
5. Supplemental costs including the following:
a. The proportion of necessary transportation, travel, and subsistence expenses of
Contractor's employees incurred in discharge of duties connected with the Work.
b. Cost, including transportation and maintenance, of all materials, supplies,
equipment, machinery, appliances, office, and temporary facilities at the Site, and
hand tools not owned by the workers, which are consumed in the performance of
the Work, and cost, less market value, of such items used but not consumed
which remain the property of Contractor.
c. Rentals of all construction equipment and machinery, and the parts thereof,
whether rented from Contractor or others in accordance with rental agreements
approved by Owner with the advice of Engineer, and the costs of transportation,
loading, unloading, assembly, dismantling, and removal thereof. All such costs
shall be in accordance with the terms of said rental agreements. The rental of any
such equipment, machinery, or parts shall cease when the use thereof is no
longer necessary for the Work.
d. Sales, consumer, use, and other similar taxes related to the Work, and for which
Contractor is liable, as imposed by Laws and Regulations.
e. Deposits lost for causes other than negligence of Contractor, any Subcontractor,
or anyone directly or indirectly employed by any of them or for whose acts any of
them may be liable, and royalty payments and fees for permits and licenses.
f. Losses and damages (and related expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained by Contractor in connection
with the performance of the Work (except losses and damages within the
deductible amounts of property insurance established in accordance with
Paragraph 6.05), provided such losses and damages have resulted from causes
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other than the negligence of Contractor, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable.
Such losses shall include settlements made with the written consent and approval
of Owner. No such losses, damages, and expenses shall be included in the Cost of
the Work for the purpose of determining Contractor's fee.
g. The cost of utilities, fuel, and sanitary facilities at the Site.
h. Minor expenses such as communication service at the Site, express and courier
services, and similar petty cash items in connection with the Work.
i. The costs of premiums for all bonds and insurance that Contractor is required by
the Contract Documents to purchase and maintain.
C. Costs Excluded:The term Cost of the Work shall not include any of the following items:
1. Payroll costs and other compensation of Contractor's officers, executives, principals
(of partnerships and sole proprietorships), general managers, safety managers,
engineers, architects, estimators, attorneys, auditors, accountants, purchasing and
contracting agents, expediters, timekeepers, clerks, and other personnel employed by
Contractor, whether at the Site or in Contractor's principal or branch office for general
administration of the Work and not specifically included in the agreed upon schedule
of job classifications referred to in Paragraph 13.01.B.1 or specifically covered by
Paragraph 13.01.B.4. The payroll costs and other compensation excluded here are to
be considered administrative costs covered by the Contractor's fee.
2. Expenses of Contractor's principal and branch offices other than Contractor's office at
the Site.
3. Any part of Contractor's capital expenses, including interest on Contractor's capital
employed for the Work and charges against Contractor for delinquent payments.
4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable,
including but not limited to, the correction of defective Work, disposal of materials or
equipment wrongly supplied, and making good any damage to property.
5. Other overhead or general expense costs of any kind and the costs of any item not
specifically and expressly included in Paragraph 13.01.B.
D. Contractor's Fee: When the Work as a whole is performed on the basis of cost-plus,
Contractor's fee shall be determined as set forth in the Agreement. When the value of any
Work covered by a Change Order, Change Proposal, Claim, set-off, or other adjustment in
Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be
determined as set forth in Paragraph 11.04.C.
E. Documentation: Whenever the Cost of the Work for any purpose is to be determined
pursuant to this Article 13, Contractor will establish and maintain records thereof in
accordance with generally accepted accounting practices and submit in a form acceptable
to Engineer an itemized cost breakdown together with supporting data.
13.02 Allowances
A. It is understood that Contractor has included in the Contract Price all allowances so named
in the Contract Documents and shall cause the Work so covered to be performed for such
sums and by such persons or entities as may be acceptable to Owner and Engineer.
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B. Cash Allowances: Contractor agrees that:
1. the cash allowances include the cost to Contractor (less any applicable trade
discounts) of materials and equipment required by the allowances to be delivered at
the Site, and all applicable taxes; and
2. Contractor's costs for unloading and handling on the Site, labor, installation, overhead,
profit, and other expenses contemplated for the cash allowances have been included
in the Contract Price and not in the allowances, and no demand for additional
payment on account of any of the foregoing will be valid.
C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the
sole use of Owner to cover unanticipated costs.
D. Prior to final payment, an appropriate Change Order will be issued as recommended by
Engineer to reflect actual amounts due Contractor on account of Work covered by
allowances, and the Contract Price shall be correspondingly adjusted.
13.03 Unit Price Work
A. Where the Contract Documents provide that all or part of the Work is to be Unit Price
Work, initially the Contract Price will be deemed to include for all Unit Price Work an
amount equal to the sum of the unit price for each separately identified item of Unit Price
Work times the estimated quantity of each item as indicated in the Agreement.
B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for
the purpose of comparison of Bids and determining an initial Contract Price. Payments to
Contractor for Unit Price Work will be based on actual quantities.
C. Each unit price will be deemed to include an amount considered by Contractor to be
adequate to cover Contractor's overhead and profit for each separately identified item.
D. Engineer will determine the actual quantities and classifications of Unit Price Work
performed by Contractor. Engineer will review with Contractor the Engineer's preliminary
determinations on such matters before rendering a written decision thereon (by
recommendation of an Application for Payment or otherwise). Engineer's written decision
thereon will be final and binding (except as modified by Engineer to reflect changed factual
conditions or more accurate data) upon Owner and Contractor, subject to the provisions of
the following paragraph.
E. Within 30 days of Engineer's written decision under the preceding paragraph, Contractor
may submit a Change Proposal, or Owner may file a Claim, seeking an adjustment in the
Contract Price if:
1. the quantity of any item of Unit Price Work performed by Contractor differs materially
and significantly from the estimated quantity of such item indicated in the Agreement;
2. there is no corresponding adjustment with respect to any other item of Work; and
3. Contractor believes that it is entitled to an increase in Contract Price as a result of
having incurred additional expense or Owner believes that Owner is entitled to a
decrease in Contract Price, and the parties are unable to agree as to the amount of any
such increase or decrease.
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ARTICLE 14—TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE
WORK
14.01 Access to Work
A. Owner, Engineer, their consultants and other representatives and personnel of Owner,
independent testing laboratories, and authorities having jurisdiction will have access to the
Site and the Work at reasonable times for their observation, inspection, and testing.
Contractor shall provide them proper and safe conditions for such access and advise them
of Contractor's safety procedures and programs so that they may comply therewith as
applicable.
14.02 Tests, Inspections, and Approvals
A. Contractor shall give Engineer timely notice of readiness of the Work (or specific parts
thereof) for all required inspections and tests, and shall cooperate with inspection and
testing personnel to facilitate required inspections and tests.
B. Owner shall retain and pay for the services of an independent inspector, testing laboratory,
or other qualified individual or entity to perform all inspections and tests expressly required
by the Contract Documents to be furnished and paid for by Owner, except that costs
incurred in connection with tests or inspections of covered Work shall be governed by the
provisions of Paragraph 14.05.
C. If Laws or Regulations of any public body having jurisdiction require any Work (or part
thereof) specifically to be inspected, tested, or approved by an employee or other
representative of such public body, Contractor shall assume full responsibility for arranging
and obtaining such inspections, tests, or approvals, pay all costs in connection therewith,
and furnish Engineer the required certificates of inspection or approval.
D. Contractor shall be responsible for arranging, obtaining, and paying for all inspections and
tests required:
1. by the Contract Documents, unless the Contract Documents expressly allocate
responsibility for a specific inspection or test to Owner;
2. to attain Owner's and Engineer's acceptance of materials or equipment to be
incorporated in the Work;
3. by manufacturers of equipment furnished under the Contract Documents;
4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to
be incorporated into the Work; and
5. for acceptance of materials, mix designs, or equipment submitted for approval prior to
Contractor's purchase thereof for incorporation in the Work.
Such inspections and tests shall be performed by independent inspectors, testing
laboratories, or other qualified individuals or entities acceptable to Owner and Engineer.
E. If the Contract Documents require the Work (or part thereof) to be approved by Owner,
Engineer, or another designated individual or entity, then Contractor shall assume full
responsibility for arranging and obtaining such approvals.
F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered
by Contractor without written concurrence of Engineer, Contractor shall, if requested by
Engineer, uncover such Work for observation. Such uncovering shall be at Contractor's
expense unless Contractor had given Engineer timely notice of Contractor's intention to
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cover the same and Engineer had not acted with reasonable promptness in response to
such notice.
14.03 Defective Work
A. Contractor's Obligation: It is Contractor's obligation to assure that the Work is not
defective.
B. Engineer's Authority: Engineer has the authority to determine whether Work is defective,
and to reject defective Work.
C. Notice of Defects: Prompt notice of all defective Work of which Owner or Engineer has
actual knowledge will be given to Contractor.
D. Correction, or Removal and Replacement: Promptly after receipt of written notice of
defective Work, Contractor shall correct all such defective Work, whether or not fabricated,
installed, or completed, or, if Engineer has rejected the defective Work, remove it from the
Project and replace it with Work that is not defective.
E. Preservation of Warranties: When correcting defective Work, Contractor shall take no
action that would void or otherwise impair Owner's special warranty and guarantee, if any,
on said Work.
F. Costs and Damages: In addition to its correction, removal, and replacement obligations
with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages
arising out of or relating to defective Work, including but not limited to the cost of the
inspection, testing, correction, removal, replacement, or reconstruction of such defective
Work, fines levied against Owner by governmental authorities because the Work is
defective, and the costs of repair or replacement of work of others resulting from defective
Work. Prior to final payment, if Owner and Contractor are unable to agree as to the
measure of such claims, costs, losses, and damages resulting from defective Work, then
Owner may impose a reasonable set-off against payments due under Article 15.
14.04 Acceptance of Defective Work
A. If, instead of requiring correction or removal and replacement of defective Work, Owner
prefers to accept it, Owner may do so (subject, if such acceptance occurs prior to final
payment, to Engineer's confirmation that such acceptance is in general accord with the
design intent and applicable engineering principles, and will not endanger public safety).
Contractor shall pay all claims, costs, losses, and damages attributable to Owner's
evaluation of and determination to accept such defective Work (such costs to be approved
by Engineer as to reasonableness), and for the diminished value of the Work to the extent
not otherwise paid by Contractor. If any such acceptance occurs prior to final payment, the
necessary revisions in the Contract Documents with respect to the Work shall be
incorporated in a Change Order. If the parties are unable to agree as to the decrease in the
Contract Price, reflecting the diminished value of Work so accepted, then Owner may
impose a reasonable set-off against payments due under Article 15. If the acceptance of
defective Work occurs after final payment, Contractor shall pay an appropriate amount to
Owner.
14.05 Uncovering Work
A. Engineer has the authority to require special inspection or testing of the Work, whether or
not the Work is fabricated, installed, or completed.
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B. If any Work is covered contrary to the written request of Engineer, then Contractor shall, if
requested by Engineer, uncover such Work for Engineer's observation, and then replace
the covering, all at Contractor's expense.
C. If Engineer considers it necessary or advisable that covered Work be observed by Engineer
or inspected or tested by others, then Contractor, at Engineer's request, shall uncover,
expose, or otherwise make available for observation, inspection, or testing as Engineer may
require, that portion of the Work in question, and provide all necessary labor, material, and
equipment.
1. If it is found that the uncovered Work is defective, Contractor shall be responsible for
all claims, costs, losses, and damages arising out of or relating to such uncovering,
exposure, observation, inspection, and testing, and of satisfactory replacement or
reconstruction (including but not limited to all costs of repair or replacement of work
of others); and pending Contractor's full discharge of this responsibility the Owner
shall be entitled to impose a reasonable set-off against payments due under Article 15.
2. If the uncovered Work is not found to be defective, Contractor shall be allowed an
increase in the Contract Price or an extension of the Contract Times, or both, directly
attributable to such uncovering, exposure, observation, inspection, testing,
replacement, and reconstruction. If the parties are unable to agree as to the amount
or extent thereof, then Contractor may submit a Change Proposal within 30 days of
the determination that the Work is not defective.
14.06 Owner May Stop the Work
A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable
materials or equipment, or fails to perform the Work in such a way that the completed
Work will conform to the Contract Documents, then Owner may order Contractor to stop
the Work, or any portion thereof, until the cause for such order has been eliminated;
however, this right of Owner to stop the Work shall not give rise to any duty on the part of
Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier,
any other individual or entity, or any surety for, or employee or agent of any of them.
14.07 Owner May Correct Defective Work
A. If Contractor fails within a reasonable time after written notice from Engineer to correct
defective Work, or to remove and replace rejected Work as required by Engineer, or if
Contractor fails to perform the Work in accordance with the Contract Documents, or if
Contractor fails to comply with any other provision of the Contract Documents, then Owner
may, after seven days written notice to Contractor, correct or remedy any such deficiency.
B. In exercising the rights and remedies under this Paragraph 14.07, Owner shall proceed
expeditiously. In connection with such corrective or remedial action, Owner may exclude
Contractor from all or part of the Site, take possession of all or part of the Work and
suspend Contractor's services related thereto, and incorporate in the Work all materials
and equipment stored at the Site or for which Owner has paid Contractor but which are
stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and
employees, Owner's other contractors, and Engineer and Engineer's consultants access to
the Site to enable Owner to exercise the rights and remedies under this paragraph.
C. All claims, costs, losses, and damages incurred or sustained by Owner in exercising the
rights and remedies under this Paragraph 14.07 will be charged against Contractor as set-
offs against payments due under Article 15. Such claims, costs, losses and damages will
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include but not be limited to all costs of repair, or replacement of work of others destroyed
or damaged by correction, removal, or replacement of Contractor's defective Work.
D. Contractor shall not be allowed an extension of the Contract Times because of any delay in
the performance of the Work attributable to the exercise by Owner of Owner's rights and
remedies under this Paragraph 14.07.
ARTICLE 15—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD
15.01 Progress Payments
A. Basis for Progress Payments:The Schedule of Values established as provided in Article 2 will
serve as the basis for progress payments and will be incorporated into a form of Application
for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will
be based on the number of units completed during the pay period, as determined under
the provisions of Paragraph 13.03. Progress payments for cost-based Work will be based on
Cost of the Work completed by Contractor during the pay period.
B. Applications for Payments:
1. At least 20 days before the date established in the Agreement for each progress
payment (but not more often than once a month), Contractor shall submit to Engineer
for review an Application for Payment filled out and signed by Contractor covering the
Work completed as of the date of the Application and accompanied by such
supporting documentation as is required by the Contract Documents. If payment is
requested on the basis of materials and equipment not incorporated in the Work but
delivered and suitably stored at the Site or at another location agreed to in writing, the
Application for Payment shall also be accompanied by a bill of sale, invoice, or other
documentation warranting that Owner has received the materials and equipment free
and clear of all Liens, and evidence that the materials and equipment are covered by
appropriate property insurance, a warehouse bond, or other arrangements to protect
Owner's interest therein, all of which must be satisfactory to Owner.
2. Beginning with the second Application for Payment, each Application shall include an
affidavit of Contractor stating that all previous progress payments received on account
of the Work have been applied on account to discharge Contractor's legitimate
obligations associated with prior Applications for Payment.
3. The amount of retainage with respect to progress payments will be as stipulated in the
Agreement.
C. Review of Applications:
1. Engineer will, within 10 days after receipt of each Application for Payment, including
each resubmittal, either indicate in writing a recommendation of payment and present
the Application to Owner, or return the Application to Contractor indicating in writing
Engineer's reasons for refusing to recommend payment. In the latter case, Contractor
may make the necessary corrections and resubmit the Application.
2. Engineer's recommendation of any payment requested in an Application for Payment
will constitute a representation by Engineer to Owner, based on Engineer's
observations of the executed Work as an experienced and qualified design
professional, and on Engineer's review of the Application for Payment and the
accompanying data and schedules, that to the best of Engineer's knowledge,
information and belief:
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a. the Work has progressed to the point indicated;
b. the quality of the Work is generally in accordance with the Contract Documents
(subject to an evaluation of the Work as a functioning whole prior to or upon
Substantial Completion, the results of any subsequent tests called for in the
Contract Documents, a final determination of quantities and classifications for
Unit Price Work under Paragraph 13.03, and any other qualifications stated in the
recommendation); and
c. the conditions precedent to Contractor's being entitled to such payment appear
to have been fulfilled in so far as it is Engineer's responsibility to observe the
Work.
3. By recommending any such payment Engineer will not thereby be deemed to have
represented that:
a. inspections made to check the quality or the quantity of the Work as it has been
performed have been exhaustive, extended to every aspect of the Work in
progress, or involved detailed inspections of the Work beyond the responsibilities
specifically assigned to Engineer in the Contract; or
b. there may not be other matters or issues between the parties that might entitle
Contractor to be paid additionally by Owner or entitle Owner to withhold
payment to Contractor.
4. Neither Engineer's review of Contractor's Work for the purposes of recommending
payments nor Engineer's recommendation of any payment, including final payment,
will impose responsibility on Engineer:
a. to supervise, direct, or control the Work, or
b. for the means, methods, techniques, sequences, or procedures of construction,
or the safety precautions and programs incident thereto, or
c. for Contractor's failure to comply with Laws and Regulations applicable to
Contractor's performance of the Work, or
d. to make any examination to ascertain how or for what purposes Contractor has
used the money paid on account of the Contract Price, or
e. to determine that title to any of the Work, materials, or equipment has passed to
Owner free and clear of any Liens.
5. Engineer may refuse to recommend the whole or any part of any payment if, in
Engineer's opinion, it would be incorrect to make the representations to Owner stated
in Paragraph 15.01.C.2.
6. Engineer will recommend reductions in payment (set-offs) necessary in Engineer's
opinion to protect Owner from loss because:
a. the Work is defective, requiring correction or replacement;
b. the Contract Price has been reduced by Change Orders;
c. Owner has been required to correct defective Work in accordance with Paragraph
14.07, or has accepted defective Work pursuant to Paragraph 14.04;
d. Owner has been required to remove or remediate a Hazardous Environmental
Condition for which Contractor is responsible; or
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e. Engineer has actual knowledge of the occurrence of any of the events that would
constitute a default by Contractor and therefore justify termination for cause
under the Contract Documents.
D. Payment Becomes Due:
1. Ten days after presentation of the Application for Payment to Owner with Engineer's
recommendation, the amount recommended (subject to any Owner set-offs) will
become due, and when due will be paid by Owner to Contractor.
E. Reductions in Payment by Owner:
1. In addition to any reductions in payment (set-offs) recommended by Engineer, Owner
is entitled to impose a set-off against payment based on any of the following:
a. claims have been made against Owner on account of Contractor's conduct in the
performance or furnishing of the Work, or Owner has incurred costs, losses, or
damages on account of Contractor's conduct in the performance or furnishing of
the Work, including but not limited to claims, costs, losses, or damages from
workplace injuries, adjacent property damage, non-compliance with Laws and
Regulations, and patent infringement;
b. Contractor has failed to take reasonable and customary measures to avoid
damage, delay, disruption, and interference with other work at or adjacent to the
Site;
c. Contractor has failed to provide and maintain required bonds or insurance;
d. Owner has been required to remove or remediate a Hazardous Environmental
Condition for which Contractor is responsible;
e. Owner has incurred extra charges or engineering costs related to submittal
reviews, evaluations of proposed substitutes, tests and inspections, or return
visits to manufacturing or assembly facilities;
f. the Work is defective, requiring correction or replacement;
g. Owner has been required to correct defective Work in accordance with Paragraph
14.07, or has accepted defective Work pursuant to Paragraph 14.04;
h. the Contract Price has been reduced by Change Orders;
i. an event that would constitute a default by Contractor and therefore justify a
termination for cause has occurred;
j. liquidated damages have accrued as a result of Contractor's failure to achieve
Milestones, Substantial Completion, or final completion of the Work;
k. Liens have been filed in connection with the Work, except where Contractor has
delivered a specific bond satisfactory to Owner to secure the satisfaction and
discharge of such Liens;
I. there are other items entitling Owner to a set off against the amount
recommended.
2. If Owner imposes any set-off against payment, whether based on its own knowledge
or on the written recommendations of Engineer, Owner will give Contractor
immediate written notice (with a copy to Engineer) stating the reasons for such action
and the specific amount of the reduction, and promptly pay Contractor any amount
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remaining after deduction of the amount so withheld. Owner shall promptly pay
Contractor the amount so withheld, or any adjustment thereto agreed to by Owner
and Contractor, if Contractor remedies the reasons for such action. The reduction
imposed shall be binding on Contractor unless it duly submits a Change Proposal
contesting the reduction.
3. Upon a subsequent determination that Owner's refusal of payment was not justified,
the amount wrongfully withheld shall be treated as an amount due as determined by
Paragraph 15.01.C.1 and subject to interest as provided in the Agreement.
15.02 Contractor's Warranty of Title
A. Contractor warrants and guarantees that title to all Work, materials, and equipment
furnished under the Contract will pass to Owner free and clear of(1) all Liens and other title
defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven
days after the time of payment by Owner.
15.03 Substantial Completion
A. When Contractor considers the entire Work ready for its intended use Contractor shall
notify Owner and Engineer in writing that the entire Work is substantially complete and
request that Engineer issue a certificate of Substantial Completion. Contractor shall at the
same time submit to Owner and Engineer an initial draft of punch list items to be
completed or corrected before final payment.
B. Promptly after Contractor's notification, Owner, Contractor, and Engineer shall make an
inspection of the Work to determine the status of completion. If Engineer does not
consider the Work substantially complete, Engineer will notify Contractor in writing giving
the reasons therefor.
C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a
preliminary certificate of Substantial Completion which shall fix the date of Substantial
Completion. Engineer shall attach to the certificate a punch list of items to be completed or
corrected before final payment. Owner shall have seven days after receipt of the
preliminary certificate during which to make written objection to Engineer as to any
provisions of the certificate or attached punch list. If, after considering the objections to the
provisions of the preliminary certificate, Engineer concludes that the Work is not
substantially complete, Engineer will, within 14 days after submission of the preliminary
certificate to Owner, notify Contractor in writing that the Work is not substantially
complete, stating the reasons therefor. If Owner does not object to the provisions of the
certificate, or if despite consideration of Owner's objections Engineer concludes that the
Work is substantially complete, then Engineer will, within said 14 days, execute and deliver
to Owner and Contractor a final certificate of Substantial Completion (with a revised punch
list of items to be completed or corrected) reflecting such changes from the preliminary
certificate as Engineer believes justified after consideration of any objections from Owner.
D. At the time of receipt of the preliminary certificate of Substantial Completion, Owner and
Contractor will confer regarding Owner's use or occupancy of the Work following
Substantial Completion, review the builder's risk insurance policy with respect to the end of
the builder's risk coverage, and confirm the transition to coverage of the Work under a
permanent property insurance policy held by Owner. Unless Owner and Contractor agree
otherwise in writing, Owner shall bear responsibility for security, operation, protection of
the Work, property insurance, maintenance, heat, and utilities upon Owner's use or
occupancy of the Work.
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E. After Substantial Completion the Contractor shall promptly begin work on the punch list of
items to be completed or corrected prior to final payment. In appropriate cases Contractor
may submit monthly Applications for Payment for completed punch list items, following the
progress payment procedures set forth above.
F. Owner shall have the right to exclude Contractor from the Site after the date of Substantial
Completion subject to allowing Contractor reasonable access to remove its property and
complete or correct items on the punch list.
15.04 Partial Use or Occupancy
A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially
completed part of the Work which has specifically been identified in the Contract
Documents, or which Owner, Engineer, and Contractor agree constitutes a separately
functioning and usable part of the Work that can be used by Owner for its intended
purpose without significant interference with Contractor's performance of the remainder
of the Work, subject to the following conditions:
1. At any time Owner may request in writing that Contractor permit Owner to use or
occupy any such part of the Work that Owner believes to be substantially complete. If
and when Contractor agrees that such part of the Work is substantially complete,
Contractor, Owner, and Engineer will follow the procedures of Paragraph 15.03.A
through E for that part of the Work.
2. At any time Contractor may notify Owner and Engineer in writing that Contractor
considers any such part of the Work substantially complete and request Engineer to
issue a certificate of Substantial Completion for that part of the Work.
3. Within a reasonable time after either such request, Owner, Contractor, and Engineer
shall make an inspection of that part of the Work to determine its status of
completion. If Engineer does not consider that part of the Work to be substantially
complete, Engineer will notify Owner and Contractor in writing giving the reasons
therefor. If Engineer considers that part of the Work to be substantially complete, the
provisions of Paragraph 15.03 will apply with respect to certification of Substantial
Completion of that part of the Work and the division of responsibility in respect
thereof and access thereto.
4. No use or occupancy or separate operation of part of the Work may occur prior to
compliance with the requirements of Paragraph 6.05 regarding builder's risk or other
property insurance.
15.05 Final Inspection
A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is
complete, Engineer will promptly make a final inspection with Owner and Contractor and
will notify Contractor in writing of all particulars in which this inspection reveals that the
Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately
take such measures as are necessary to complete such Work or remedy such deficiencies.
15.06 Final Payment
A. Application for Payment:
1. After Contractor has, in the opinion of Engineer, satisfactorily completed all
corrections identified during the final inspection and has delivered, in accordance with
the Contract Documents, all maintenance and operating instructions, schedules,
guarantees, bonds, certificates or other evidence of insurance, certificates of
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inspection, annotated record documents (as provided in Paragraph 7.11), and other
documents, Contractor may make application for final payment.
2. The final Application for Payment shall be accompanied (except as previously
delivered) by:
a. all documentation called for in the Contract Documents;
b. consent of the surety, if any,to final payment;
c. satisfactory evidence that all title issues have been resolved such that title to all
Work, materials, and equipment has passed to Owner free and clear of any Liens
or other title defects, or will so pass upon final payment.
d. a list of all disputes that Contractor believes are unsettled; and
e. complete and legally effective releases or waivers (satisfactory to Owner) of all
Lien rights arising out of the Work, and of Liens filed in connection with the Work.
3. In lieu of the releases or waivers of Liens specified in Paragraph 15.06.A.2 and as
approved by Owner, Contractor may furnish receipts or releases in full and an affidavit
of Contractor that: (a) the releases and receipts include all labor, services, material,
and equipment for which a Lien could be filed; and (b) all payrolls, material and
equipment bills, and other indebtedness connected with the Work for which Owner
might in any way be responsible, or which might in any way result in liens or other
burdens on Owner's property, have been paid or otherwise satisfied. If any
Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor
may furnish a bond or other collateral satisfactory to Owner to indemnify Owner
against any Lien, or Owner at its option may issue joint checks payable to Contractor
and specified Subcontractors and Suppliers.
B. Engineer's Review of Application and Acceptance:
1. If, on the basis of Engineer's observation of the Work during construction and final
inspection, and Engineer's review of the final Application for Payment and
accompanying documentation as required by the Contract Documents, Engineer is
satisfied that the Work has been completed and Contractor's other obligations under
the Contract have been fulfilled, Engineer will, within ten days after receipt of the final
Application for Payment, indicate in writing Engineer's recommendation of final
payment and present the Application for Payment to Owner for payment. Such
recommendation shall account for any set-offs against payment that are necessary in
Engineer's opinion to protect Owner from loss for the reasons stated above with
respect to progress payments. At the same time Engineer will also give written notice
to Owner and Contractor that the Work is acceptable, subject to the provisions of
Paragraph 15.07. Otherwise, Engineer will return the Application for Payment to
Contractor, indicating in writing the reasons for refusing to recommend final payment,
in which case Contractor shall make the necessary corrections and resubmit the
Application for Payment.
C. Completion of Work: The Work is complete (subject to surviving obligations) when it is
ready for final payment as established by the Engineer's written recommendation of final
payment.
D. Payment Becomes Due: Thirty days after the presentation to Owner of the final Application
for Payment and accompanying documentation, the amount recommended by Engineer
(less any further sum Owner is entitled to set off against Engineer's recommendation,
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including but not limited to set-offs for liquidated damages and set-offs allowed under the
provisions above with respect to progress payments) will become due and shall be paid by
Owner to Contractor.
15.07 Waiver of Claims
A. The making of final payment will not constitute a waiver by Owner of claims or rights
against Contractor. Owner expressly reserves claims and rights arising from unsettled Liens,
from defective Work appearing after final inspection pursuant to Paragraph 15.05, from
Contractor's failure to comply with the Contract Documents or the terms of any special
guarantees specified therein, from outstanding Claims by Owner, or from Contractor's
continuing obligations under the Contract Documents.
B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all
claims and rights against Owner other than those pending matters that have been duly
submitted or appealed under the provisions of Article 17.
15.08 Correction Period
A. If within one year after the date of Substantial Completion (or such longer period of time as
may be prescribed by the terms of any applicable special guarantee required by the
Contract Documents, or by any specific provision of the Contract Documents), any Work is
found to be defective, or if the repair of any damages to the Site, adjacent areas that
Contractor has arranged to use through construction easements or otherwise, and other
adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be
defective, then Contractor shall promptly, without cost to Owner and in accordance with
Owner's written instructions:
1. correct the defective repairs to the Site or such other adjacent areas;
2. correct such defective Work;
3. if the defective Work has been rejected by Owner, remove it from the Project and
replace it with Work that is not defective, and
4. satisfactorily correct or repair or remove and replace any damage to other Work, to
the work of others, or to other land or areas resulting therefrom.
B. If Contractor does not promptly comply with the terms of Owner's written instructions, or
in an emergency where delay would cause serious risk of loss or damage, Owner may have
the defective Work corrected or repaired or may have the rejected Work removed and
replaced. Contractor shall pay all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution costs) arising out of or relating to
such correction or repair or such removal and replacement (including but not limited to all
costs of repair or replacement of work of others).
C. In special circumstances where a particular item of equipment is placed in continuous
service before Substantial Completion of all the Work, the correction period for that item
may start to run from an earlier date if so provided in the Specifications.
D. Where defective Work(and damage to other Work resulting therefrom) has been corrected
or removed and replaced under this paragraph, the correction period hereunder with
respect to such Work will be extended for an additional period of one year after such
correction or removal and replacement has been satisfactorily completed.
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E. Contractor's obligations under this paragraph are in addition to all other obligations and
warranties. The provisions of this paragraph shall not be construed as a substitute for, or a
waiver of, the provisions of any applicable statute of limitation or repose.
ARTICLE 16—SUSPENSION OF WORK AND TERMINATION
16.01 Owner May Suspend Work
A. At any time and without cause, Owner may suspend the Work or any portion thereof for a
period of not more than 90 consecutive days by written notice to Contractor and Engineer.
Such notice will fix the date on which Work will be resumed. Contractor shall resume the
Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract
Price or an extension of the Contract Times, or both, directly attributable to any such
suspension. Any Change Proposal seeking such adjustments shall be submitted no later
than 30 days after the date fixed for resumption of Work.
16.02 Owner May Terminate for Cause
A. The occurrence of any one or more of the following events will constitute a default by
Contractor and justify termination for cause:
1. Contractor's persistent failure to perform the Work in accordance with the Contract
Documents (including, but not limited to, failure to supply sufficient skilled workers or
suitable materials or equipment or failure to adhere to the Progress Schedule);
2. Failure of Contractor to perform or otherwise to comply with a material term of the
Contract Documents;
3. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; or
4. Contractor's repeated disregard of the authority of Owner or Engineer.
B. If one or more of the events identified in Paragraph 16.02.A occurs, then after giving
Contractor (and any surety) ten days written notice that Owner is considering a declaration
that Contractor is in default and termination of the contract, Owner may proceed to:
1. declare Contractor to be in default, and give Contractor (and any surety) notice that
the Contract is terminated; and
2. enforce the rights available to Owner under any applicable performance bond.
C. Subject to the terms and operation of any applicable performance bond, if Owner has
terminated the Contract for cause, Owner may exclude Contractor from the Site, take
possession of the Work, incorporate in the Work all materials and equipment stored at the
Site or for which Owner has paid Contractor but which are stored elsewhere, and complete
the Work as Owner may deem expedient.
D. Owner may not proceed with termination of the Contract under Paragraph 16.02.B if
Contractor within seven days of receipt of notice of intent to terminate begins to correct its
failure to perform and proceeds diligently to cure such failure.
E. If Owner proceeds as provided in Paragraph 16.02.B, Contractor shall not be entitled to
receive any further payment until the Work is completed. If the unpaid balance of the
Contract Price exceeds the cost to complete the Work, including all related claims, costs,
losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals) sustained by Owner, such excess will be paid
to Contractor. If the cost to complete the Work including such related claims, costs, losses,
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and damages exceeds such unpaid balance, Contractor shall pay the difference to Owner.
Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as
to their reasonableness and, when so approved by Engineer, incorporated in a Change
Order. When exercising any rights or remedies under this paragraph, Owner shall not be
required to obtain the lowest price for the Work performed.
F. Where Contractor's services have been so terminated by Owner, the termination will not
affect any rights or remedies of Owner against Contractor then existing or which may
thereafter accrue, or any rights or remedies of Owner against Contractor or any surety
under any payment bond or performance bond. Any retention or payment of money due
Contractor by Owner will not release Contractor from liability.
G. If and to the extent that Contractor has provided a performance bond under the provisions
of Paragraph 6.01.A, the provisions of that bond shall govern over any inconsistent
provisions of Paragraphs 16.02.B and 16.02.D.
16.03 Owner May Terminate For Convenience
A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and
without prejudice to any other right or remedy of Owner, terminate the Contract. In such
case, Contractor shall be paid for(without duplication of any items):
1. completed and acceptable Work executed in accordance with the Contract Documents
prior to the effective date of termination, including fair and reasonable sums for
overhead and profit on such Work;
2. expenses sustained prior to the effective date of termination in performing services
and furnishing labor, materials, or equipment as required by the Contract Documents
in connection with uncompleted Work, plus fair and reasonable sums for overhead
and profit on such expenses; and
3. other reasonable expenses directly attributable to termination, including costs
incurred to prepare a termination for convenience cost proposal.
B. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue,
or other economic loss arising out of or resulting from such termination.
16.04 Contractor May Stop Work or Terminate
A. If, through no act or fault of Contractor, (1) the Work is suspended for more than 90
consecutive days by Owner or under an order of court or other public authority, or (2)
Engineer fails to act on any Application for Payment within 30 days after it is submitted, or
(3) Owner fails for 30 days to pay Contractor any sum finally determined to be due, then
Contractor may, upon seven days written notice to Owner and Engineer, and provided
Owner or Engineer do not remedy such suspension or failure within that time, terminate
the contract and recover from Owner payment on the same terms as provided in Paragraph
16.03.
B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if
Engineer has failed to act on an Application for Payment within 30 days after it is
submitted, or Owner has failed for 30 days to pay Contractor any sum finally determined to
be due, Contractor may, seven days after written notice to Owner and Engineer, stop the
Work until payment is made of all such amounts due Contractor, including interest thereon.
The provisions of this paragraph are not intended to preclude Contractor from submitting a
Change Proposal for an adjustment in Contract Price or Contract Times or otherwise for
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expenses or damage directly attributable to Contractor's stopping the Work as permitted
by this paragraph.
ARTICLE 17—FINAL RESOLUTION OF DISPUTES
17.01 Methods and Procedures
A. Disputes Subject to Final Resolution: The following disputed matters are subject to final
resolution under the provisions of this Article:
1. A timely appeal of an approval in part and denial in part of a Claim, or of a denial in
full; and
2. Disputes between Owner and Contractor concerning the Work or obligations under
the Contract Documents, and arising after final payment has been made.
B. Final Resolution of Disputes: For any dispute subject to resolution under this Article, Owner
or Contractor may:
1. elect in writing to invoke the dispute resolution process provided for in the
Supplementary Conditions; or
2. agree with the other party to submit the dispute to another dispute resolution
process; or
3. if no dispute resolution process is provided for in the Supplementary Conditions or
mutually agreed to, give written notice to the other party of the intent to submit the
dispute to a court of competent jurisdiction.
ARTICLE 18—MISCELLANEOUS
18.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice, it
will be deemed to have been validly given if:
1. delivered in person, by a commercial courier service or otherwise, to the individual or
to a member of the firm or to an officer of the corporation for which it is intended; or
2. delivered at or sent by registered or certified mail, postage prepaid, to the last
business address known to the sender of the notice.
18.02 Computation of Times
A. When any period of time is referred to in the Contract by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable
jurisdiction, such day will be omitted from the computation.
18.03 Cumulative Remedies
A. The duties and obligations imposed by these General Conditions and the rights and
remedies available hereunder to the parties hereto are in addition to, and are not to be
construed in any way as a limitation of, any rights and remedies available to any or all of
them which are otherwise imposed or available by Laws or Regulations, by special warranty
or guarantee, or by other provisions of the Contract. The provisions of this paragraph will
be as effective as if repeated specifically in the Contract Documents in connection with
each particular duty, obligation, right, and remedy to which they apply.
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18.04 Limitation of Damages
A. With respect to any and all Change Proposals, Claims, disputes subject to final resolution,
and other matters at issue, neither Owner nor Engineer, nor any of their officers, directors,
members, partners, employees, agents, consultants, or subcontractors, shall be liable to
Contractor for any claims, costs, losses, or damages sustained by Contractor on or in
connection with any other project or anticipated project.
18.05 No Waiver
A. A party's non-enforcement of any provision shall not constitute a waiver of that provision,
nor shall it affect the enforceability of that provision or of the remainder of this Contract.
18.06 Survival of Obligations
A. All representations, indemnifications, warranties, and guarantees made in, required by, or
given in accordance with the Contract, as well as all continuing obligations indicated in the
Contract, will survive final payment, completion, and acceptance of the Work or
termination or completion of the Contract or termination of the services of Contractor.
18.07 Controlling Law
A. This Contract is to be governed by the law of the state in which the Project is located.
18.08 Headings
A. Article and paragraph headings are inserted for convenience only and do not constitute
parts of these General Conditions.
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SECTION 00800
SUPPLEMENTAL CONDITIONS
Table of Contents
SC-1 Definitions and Terminology
SC 1.01 Defined Terms
SC 1.02 Terminology
SC-2 Preliminary Matters
SC 2.04 Preconstruction Conference; Designation of Authorized Representative
SC-3 Documents: Intent, Requirements, Reuse
SC 3.03 Reporting and Resolving Discrepancies
SC 3.05 Reuse of Documents
SC-4 Commencement and Progress of the Work
SC 4.01 Commencement of Contract Times; Notice to Proceed
SC 4.05 Delays
SC-5 Availability of Lands: Subsurface and Physical Conditions; Hazardous Environmental
Conditions; Reference Points
SC 5.01 Availability of Lands
SC 5.03 Subsurface and Physical Conditions
SC 5.04 Differing Subsurface or Physical Conditions
SC 5.06 Hazardous Environmental Conditions at Site
SC-6 Bonds and Insurance
SC 6.02 Certificate of Insurance
SC 6.03 Contractor's Insurance
SC 6.05 Partial Occupancy or Use by Owner
SC 6.06 Waiver of Rights
SC 6.07 Receipt and Application of Property Insurance Proceeds
SC-7 Contractors' Responsibilities
SC 7.01 Supervision and Superintendence
SC 7.02 Labor; Working Hours
SC 7.03 Services, Materials and Equipment
SC 7.06 Concerning Subcontractors, Suppliers and Others
SC 7.07 Patent Fees and Royalties
SC 7.08 Permits
SC 7.10 Laws and Regulations
SC 7.11 Record Documents
SC 7.12 Safety and Protection

SC 7.14 Hazard Communication Program
SC 7.16 Shop Drawings and Samples
SC 7.17 Contractor's General Warranty and Guarantee
SC 7.18 Indemnification
SC 7.19 Delegation of Professional Design Services
SC-8 Other Work at the Site— No Modifications
SC-9 Owner's Responsibilities
SC 9.01 Communication to Contractor
SC 9.13 Construction Manager
SC-10 Engineer's Status During Construction
SC 10.01 Owner's Representative
SC 10.04 Rejecting Defective Work
SC 10.07 Decisions on Requirements of Contract Documents and Acceptability of
Work
SC-11 Amending the Contract Documents; Changes in the Work
SC 11.01 Field Order
SC 11.05 Change or Contract Times
SC-12 Claims
SC 12.01 Claims
SC-13 Cost of the Work; Allowance; Unit Price Work
SC 13.02 Allowances
SC 13.03 Unit Price Work
SC-14 Tests and Inspections; Correction, Removal or Acceptance of Defective Work
SC 14.01 Access to Work
SC 14.05 Uncovering Work
SC-15 Payments to Contractor; Set-Offs; Completion and Correction Period
SC 15.01 Progress Payments
SC 15.03 Substantial Completion
SC 15.04 Partial Utilization
SC 15.06 Final Payment
SC 15.08 Correction Period
SC-16 Suspension of Work and Termination
SC 16.02 Owner May Terminate for Cause
SC 16.03 Owner May Terminate for Convenience
SC-17 Final Resolution and Disputes
SC 17.01 Methods and Procedures

SC-18 Miscellaneous
SC 18.01 Giving Notice
SC 18.06 Survival of Obligations
SC 18.09 Time for Completion
SC 18.10 Liquidated Damages

SECTION 00800
SUPPLEMENTAL CONDITIONS
These supplemental conditions amend or supplement the General Conditions and other provisions
of the Contract Documents as indicated herein. All provisions which are not so amended or
supplemented remain in full force and effect.
SC-1.01 Defined Terms
The following definitions shall REPLACE Paragraph 1.01.A of the Standard General
Conditions:
2. Agreement — The written instrument which is evidence of the agreement
between Owner and Contractor covering the work, titled as the "Agreement
Between Owner and Contractor for Construction Contract".
8. Change Order—A document which is signed by the Contractor and Owner and
authorizes an addition deletion or revision in the work or an adjustment in the
Contract Price and/or the Contract Times, issued on or after the effective date of
the agreement
20. Engineer — The entity commissioned by the Owner to design and prepare the
contract documents for the project. The firm of Rummel, Klepper& Kahl (RKK),
900 Ridgefield Road, Raleigh, NC 27609 will have the duties and responsibilities
set forth in the contract documents for the Engineer.
22. Hazardous Environmental Condition — the presence at the site of hazardous
materials or conditions, including but not limited to; contaminated environmental
media, asbestos, protective coating, paints and linings, PCB's, petroleum,
hazardous waste and metals, methanol, such as but not limited to; arsenic,
cadmium, chrome, cobalt, lead and mercury and other hazardous substances in
such quantities or circumstances that may present a substantial danger to
persons or property exposed thereto or cause them to come under the
application of a federal, state or local regulation.
28. Owner— the individual or entity with whom the Contractor has entered into the
agreement and for whom the work is to be performed. The Owner shall mean
Aqua North Carolina, represented in technical aspects by the Engineer. Where
title is involved as to building, equipment or materials received by the Contractor,
the term Owner shall refer to Aqua North Carolina, hereinafter referred to as the
"Owner".
32. Resident Project Representative — The authorized representative of the Owner
or Construction Manager, who may be assigned to the site of any part thereof.
48. Work Change Directive—A written statement to the Contractor issued on or after
the effective date of the agreement and signed by the Owner ordering an
addition, deletion or revision in the Work or responding to differing or unforeseen

subsurface or physical conditions under which the Work is to be performed or to
emergencies. A Work Change Directive will not change the Contract Price or
the Contract Times but is evidence that the parties expect the change ordered
or documented by a Work Change Directive will be incorporated in a
subsequently issued Change Order following negotiations by the parties as it is
effect, if any, on the Contract Price or Contract Times.
The following definitions shall be ADDED to Paragraph 1.01.A of the Standard General
Conditions:
49. Authorized Representative — A representative of Owner, or Engineer, or
Construction Manager unless explicitly designated otherwise.
50. Construction Manager—The assigned representative of Owner, or related entity,
acting as an authorized representative of the Owner to perform construction
administration services for the Project, sometimes to referred to herein as
"Construction Manager" or"CM".
51. Contaminated Environmental Media — Soil, sediment, ground water or air
contaminated with Hazardous Substances.
53. Final Acceptance — Shall be the date certified by the Construction Manager,
Engineer and/or Owner when the work is totally complete in accordance with the
Contract Documents, the one-year maintenance period has elapsed and the
Contractor has fulfilled all obligations thereunder, including, but not limited to, all
final punch list, testing and training and the completion of all tasks necessary as
described by the contract to allow the Owner to fully occupy and utilize all of the
Work for the use for which it is intended.
54. Float —The amount of time between the early start date and the late start date,
or the early finish date and the late finish date, of any of the activities in the
progress schedule.
55. Hazardous Substances — The term Hazardous Substances shall have the
meaning provided in 29 CRF 1910.120 titled "Hazardous Waste Operations and
Emergency Response," as amended from time to time.
56. Partial Acceptance - Shall be the date certified by the Construction Manager,
Engineer and/or Owner when a specifically identified portion of the work is totally
complete in accordance with the Contract Documents and the Contractor has
fulfilled all obligations there under, including, but not limited to, startup
requirements, testing requirements, training requirements and all punch list work
included in the notice of Substantial Completion for that portion of the work.
57. Related Entity — An officer, director, partner, employee, agent, consultant or
subcontractor.
58. Substantial Completion — Shall be the date certified by the Construction
Manager, Owner and/or Engineer when all the requirement of the Contract

Documents are met, with the exception of minor punch list items and when the
Owner can fully occupy and utilize the Work for the use for which it is intended.
Refer to Section 15.03 of the Standard General Conditions for additional
clarification.
59. Surety — Any person, firm or corporation that has executed as Surety
Contractor's performance, payment and/or maintenance bonds.
60. Without Exception — The terms "without exception" when used in the Contract
Documents following the name of a Supplier or a proprietary item of equipment,
product, or material, shall mean that the sources of the product are limited to the
listed Suppliers or products and that no like, equivalent or"or-equal" item and no
substitution will be permitted.
SC-1.02 Terminology
ADD the following paragraphs immediately after Paragraph 1.02.F of the Standard
General Conditions:
G. The word "Repair" where used in these Contract Documents shall be taken to
mean to restore after injury, deterioration, or wear; to mend, to renovate, by such
means as appropriate and to supply such materials and labor as necessary to
render the item to be repaired sound, solid, true, plumb, square, even, smooth
and fully serviceable. Upon completion of such repair it must be, unless
otherwise stated, rendered to such condition as to present a first class finished
work, or in instances where the repaired item serves as a base for additional
finish, the repaired work must be such as to permit a first class finish, to be
applied without extra cost to the Owner. When the word "repair" is used in
connection with machinery or mechanical equipment, it shall mean, in addition
to the above, rendering the equipment completely serviceable and efficient,
ready for the normal use for which it was originally intended.
H. "Written Notice" shall be deemed to have been duly served if delivered in person
to the individual or to a member of the firm or to an officer of the corporation for
whom it is intended or if delivered to or sent by mail to the last business address
known to him who gives notice.
I. An "Unbalanced Bid" shall be:
(1) Mathematically Unbalanced Bid: A bid containing lump sum or unit bid
items that does not include reasonable labor, equipment and material
costs plus a reasonable proportionate share of the bidders anticipated
profit, overhead cost and other indirect cost.
(2) Materially Unbalanced Bid: A bid generating a reasonable doubt that
award to the bidder submitting a mathematically unbalanced bid will
result in the lowest ultimate cost.

A bid analysis will be performed if the bids are considered to be "unbalanced" as
follows:
(1) The Owner reserves the right to review all bids for mathematical/material
unbalancing regardless of the deviation from the Engineer's estimate or
the average of bids.
(2) A bid may be considered "unbalanced" if the price of the bid and/or an
individual bid item is more than 25% higher or more than 25% lower than
either the average value calculated for all the other bidders for that same
item or the Engineer's estimate, at the Owner's discretion.
(3) If the initial low bid is found to be "unbalanced", it may be considered
irregular and may be rejected as nonresponsive as reasonable doubt
exists that the bid represents the lowest cost to the Owner. The Owner
may award the contract to the next lowest bid.
SC-2.04 Preconstruction Conference; Designation of Authorized Representatives — ADD the
words "Construction Manager" after"Owner, Contractor, Engineer" in Paragraph 2.04.A
SC-3.03 Reporting and Resolving Discrepancies
ADD the words "...or Owner adopted Building Codes)." at the end of the first sentence
in Paragraph 3.03.B.1.b.
ADD the following paragraphs after Paragraph 3.03.B.1:
2. Contractor shall comply with all applicable Laws or Regulations, including Owner
adopted Building Codes, as a requirement of the Work and at no additional cost
to Owner.
3. In cases in which a difficult or unforeseen condition arises during the prosecution
of the Work, or should there be any discrepancies in or between the Contract
Documents, or should any misunderstanding arise as to the import of anything
contained in the Contract Documents, the interpretation of the Owner shall be
final and binding. His decision and estimate shall be final and conclusive, and in
case any question shall arise between the parties touching the Contract, such
decision and estimate shall be an Owner condition precedent to the right of the
Contractor to receive payment under that part of the Contract in dispute.
4. Interpretations will be rendered as promptly as possible but should delay occur
for any reason, the Contractor shall have thereby no claims for damages or extra
compensation.
SC-3.05 Reuse of Documents
DELETE Paragraph 3.05.A.2 in its entirety and REPLACE with the following:

2. Reuse any such Drawings, Specifications, other documents, or copies thereof
on extensions of the Project or any other project without written consent of
Owner and Engineer or his consultants and specific written verification or
adaptation by entity responsible for those documents.
SC-4.01 Commencement of Contract Times; Notice to Proceed — DELETE the last sentence of
Paragraph 4.01.A of the Standard General Conditions.
SC-4.05 Delays
DELETE Paragraph 4.05.G in its entirety and REPLACE with the following:
Contractor must submit any Change Proposal seeking an adjustment in Contract Price
or Contract Times under this paragraph within 10 days of the commencement of the
delaying, disrupting, or interfering event.
ADD the following paragraph after paragraph 4.05.G
H. Owner may delay the beginning of the Work or any part thereof after award if the
necessary lands, or right-of-ways or easements or permits for such Works have
not been obtained. Contractor shall have no claim for additional compensation
or damages on account of such delay, but shall be entitled only to an extension
of time as herein under provided.
SC-5.01 Availability of Lands — DELETE Paragraph 5.01.E in its entirety.
SC-5.03 Subsurface and Physical Conditions — ADD the following paragraph immediately after
Paragraph 5.03.B.4:
4. It shall be understood that the information provided is not guaranteed by the
Owner or Engineer to be more than a general indication of the physical
conditions likely to be found and/or encountered.
SC-5.06 Hazardous Environmental Condition at Site
DELETE Paragraph 5.06.A and REPLACE with the following:
A. No reports or drawings related to Hazardous Environmental Conditions at the
Site are known to the Owner.
DELETE Paragraph 5.06.E in its entirety and REPLACE with the following:
B. The Plant (the Facility), in accordance with 29 CFR 1910.1200, is to inform
Contractor, Construction Manager and Engineer who will have personnel
working at the Facility that the plant uses hazardous chemicals in the treatment
of wastewater at the Facility site. Individuals working at the Facility site may be

exposed to these hazardous chemicals while working at the Facility. A written
Hazard Communication Program has been developed to inform personnel of the
specific hazardous chemicals at the Facility and the related safety information,
including protective measures, special precautions, and emergency
procedures to be observed. The Hazard Communications Program, including
Material Safety Data Sheets for each hazardous chemical at the Facility, will be
available to Contractors working at the Facility. Contractor is responsible for
communicating the information contained in the Material Safety Data Sheets to
their personnel working at the Facility, including all subcontractors and supplier
representatives. The Owner has identified the following chemicals and
potentially hazardous substances used or generated at the Plant.
- Ferric chloride
- Sodium Aluminate
- Sodium Hypochlorite
- Lubricants (grease/oil)
- Gasoline
- Fuel oil
DELETE Paragraph 5.06.1 and 5.06.J in its entirety and REPLACE with the following:
I. To the fullest extent permitted by Laws and Regulations, Contractor shall
indemnify and hold harmless Owner, Engineer and Construction Manager, and the
officers, directors, members, partners, employees, agents, consultants, and
subcontractors of each and any of them from and against all claims, costs, losses,
and damages (including, but not limited to, all fees and charges of engineers,
architects, attorneys, and other professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to a Hazardous Environmental
Condition created by Contractor or by anyone for whom Contractor is responsible.
Nothing in this Paragraph 5.06.1 shall obligate Contractor to indemnify any
individual or entity from and against the consequences of that individual's or
entity's own negligence.
RENUMBER Paragraph 5.06.1 to 5.06.K
SC-6.02 Certificate of Insurance— DELETE Paragraph 6.02 D in its entirety
SC-6.03 Contractor's Insurance—ADD to Paragraph 6.03 I:
6. Include at least the specific coverages and be written for not less than the limits
of liability provided in the Supplemental Conditions or required by Laws and
Regulations, whichever is greater;
7. Include contractual liability insurance covering Contractor's indemnity obligations;
8. Contain a provision or endorsement that the coverage afforded will not be
canceled, materially changed or renewal refused until at least 60-days prior
written notice has been given to Owner and Contractor and to each other
additional insured identified in the Supplementary Conditions to whom a

certificate of insurance has been issued (and the certificates of insurance
furnished by the Contractor pursuant to Paragraph 6.03 will so provide);
9. Remain in effect throughout the term of the Contract and for two years after final
acceptance of the Project by Owner. Original certificates signed by authorized
representatives of the insurers or, at the Owner's request, certified copies of
insurance policies, evidencing that the required insurance is in effect, shall be
maintained with the Owner throughout the term of the Contract and for two years
after final acceptance of the project by the Owner
10. Include completed operations coverage:
a. Such insurance shall remain in effect for two years after final payment.
b. Contractor shall furnish Owner and each other additional insured identified
in the Supplemental Conditions, to whom a certificate of insurance has
been insured, evidence satisfactorily to Owner and any such additional
insured continuation of such insurance at final; payment and one year
thereafter.
11. Be underwritten by insurers allowed to do business in the State of North
Carolina and acceptable to Owner. The insurers must also have a financial
strength rating of "A-" or better, and a financial size of "Class VII" or better in
the latest evaluation by A.M. Best Company, unless Owner grants an exception.
ADD the following as Paragraph 6.03.K:
A. The limits of liability for the insurance required by Paragraph 6.03 shall be written
for not less than the limits specified below or required by law, whichever
is greater:
1. Commercial general liability insurance or its equivalent for bodily injury,
personal injury and property damage including loss of use, with minimum
limits of:
— $1,000,000 each occurrence;
— $1,000,000 personal and advertising injury;
— $2,000,000 general aggregate per project; and
— $2,000,000 products/completed operations aggregate
2. Business auto liability insurance or its equivalent with a minimum limit of
$1,000,000 per accident and including coverage for all of the following:
— Liability arising out of ownership, maintenance or use of any auto; and
— Automobile contractual liability
3. Workers compensation insurance or its equivalent with statutory benefits
as required by any state or Federal law, including standard "other states"
coverage and coverage for liability arising out of the Longshore and Harbor
Workers' Compensation Act; employer's liability insurance or its equivalent
with minimum limits of:

- $100,000 each accident for bodily injury by accident;
- $100,000 each employee for bodily injury by disease; and
- $500,000 policy limit for bodily injury by disease
4. Umbrella excess liability or excess liability insurance or its equivalent with
minimum limits of:
— $5,000,000 per occurrence;
— $5,000,000 aggregate for other than products/completed
operations and auto liability; and
— $5,000,000 products/completed operations aggregate and including
all of the following coverages on the applicable schedule
of underlying insurance:
— Commercial general liability;
— Business auto liability; and
— Employers liability.
5. If the Contractors' pollution liability insurance or its equivalent covering
against claims for both onsite and offsite environmental cleanup costs,
bodily injury, damage to physical property, and loss of use of undamaged
physical property which result from pollution conditions that arise of the
performance of services provided under this Contract with minimum limits of:
$5,000,000 per pollution incident; and
$5,000,000 annual aggregate
If the contractors' pollution liability insurance has been issued on a
"claims made" basis, in lieu of maintaining the policy in effect for two years after
final acceptance, Contractor may purchase an extended (minimum two years)
reporting period endorsement for each such "claims made" policy in force as of
the date of final acceptance and evidence the purchase of this extended
reporting period endorsement by means of a certificate of insurance or a copy of
the endorsement itself. Such certificate or copy of the endorsement shall
evidence a retroactive date no later than the beginning of the services under
this Contract.
SC-6.05 Partial Occupancy or Use by Owner— DELETE Paragraph 6.05 D in its entirety
SC-6.06 Waiver of Rights — DELETE Paragraph 6.06 in its entirety
SC-6.07 Receipt and Application of Property Insurance Proceeds — DELETE Paragraph 6.07 in
its entirety
SC-7.01 Supervision and Superintendence — ADD the following paragraphs after Paragraph
7.01.E in their entirety;

C. Owner may request the removal of Contractor's Superintendent for cause and
Contractor shall remove the Superintendent for such cause.
D. Contractor shall at all times enforce strict discipline and good order among
Contractor's employees and subcontractors, and shall not employ or permit to
remain on the Work any unfit person. He shall enforce all instructions relative to
use of water, heat, power, no smoking, and control and use fires as required by
law of Owner. Employees must not be allowed to loiter on the premises before
or after job working hours.
E. Contractor shall maintain a local telephone at which an authorized
representative can be reached at all time, 7 days/week, 24 hours/day. This
authorized representative shall have the capability of responding with positive
corrective action to emergency calls from local officials (Sheriffs Department,
State Police and Department of Public Works personnel).
SC-7.02 Labor; Working Hours—ADD the following subparagraphs, in their entirety, immediately
after Paragraph 7.02.A
1. Contractor shall employ only competent persons on the Work and shall not
employ persons or means which may cause strikes, Work stoppages or any
disturbances by persons employed by Contractor, any Subcontractor, Owner,
Engineer or any other contractor. Whenever the Construction Manager
notifies Contractor in writing that in the Construction Manager's opinion
any person on the Work is incompetent, unfaithful, disorderly, or otherwise
unsatisfactory, or not employed in accordance with the provisions of the Contract,
such person shall be discharged from the Work and shall not again be employed
on it, except with the written consent of the Construction Manager.
2. Licensed Employees: When municipal, county, state or Federal laws require that
certain personnel (electricians, plumbers, etc.) be licensed, then all such
personnel employed on the Work shall be so licensed. At the request of the
Construction Manager, Contractor and each Subcontractor shall furnish a duly
certified copy of Contractor's payroll record and also any other information
required to document Contractor's compliance with the provisions of the law as to
the hours of employment and rate of wages. Contractor shall not carry on
Contractor's payroll persons not employed by him. The Subcontractor's
employees shall be carried only on the payrolls of the employing Subcontractor.
3. If, in the sole judgment of the Construction Manager, Contractor is not employing
sufficient labor, plant, equipment or other means to complete the Work within the
time specified, the Construction Manager may, after giving written notice, require
Contractor to employ such additional labor, plant, equipment and other means
as the Construction Manager deems necessary at Contractor's expense, to
enable the Work to progress properly.
4. Contractor shall not sell and shall neither permit nor suffer the introduction or use
of alcoholic beverages upon or about the Work.

DELETE Paragraph 7.02.E in its entirety and REPLACE with the following paragraphs:
B. Contractor shall notify the Construction Manager in writing of Contractor's intended
working hours and will obtain written permission of Owner before revising these
hours. Except as otherwise required for the safety or protection of persons or the
Work or property at the Site or adjacent thereto, and except as otherwise stated in
the Contract Documents, all Work at the Site shall be performed during regular
working hours. Regular working hours are 7:00 A.M. to 5:00 P.M. which
includes (one-half) hour for lunch.
1. Generally, no Work shall be done between 6:00 p.m. and 7:00 a.m. nor on
Saturdays, Sundays, legal holidays,without the prior written permission of Owner
or the Construction Manager, or unless required otherwise as a condition of a
permit or right-of-way agreement. However, emergency work may be done
without prior written permission.
2. If Contractor should desire or be required to carry on Contractor's Work at night
or outside the normal working hours he shall submit a written request to the
Engineer and shall allow seventy-two (72) hours for satisfactory arrangements to
be made for inspecting the Work in progress. If permission is granted, Contractor
shall light the areas to be worked as required to comply with all applicable
Federal, State, and local safety regulations. Permission will not be granted if
Owner cannot make arrangements for inspection services outside of normal
working hours.
3. Maintenance and cleanup activities may be performed during hours other than
regular working hours provided that such activities do not require the startup or
operation of construction equipment.
C. If Owner authorizes Work during other than regular working hours, Contractor
shall reimburse Owner for all Owner's additional costs associated with such
Work, including, but not necessarily limited to the overtime costs for Owner's, and
Engineer's personnel on the Site, Construction Manager, Inspector, third party
testing, and any other additional costs assessed against or incurred by the
Owner. At Owner's option, such additional costs may either be deducted from
Contractor's progress payments or deducted from the retained amount prior to
release at Substantial Completion.
D. The following time is to be considered hours other than normal working hours:
— Contractor work performed on Saturday or Sunday,
— Holidays (New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and the day after Thanksgiving Day, Christmas Day)
— Hours of Contractor's work day in excess of eight hours/day (excluding hour
lunch) or 40 hours/week unless an alternate work week schedule has been
approved in advance
— Second or Third shift operations

SC-7.03 Services, Materials and Equipment — ADD the following paragraphs after Paragraph
7.03.0 in their entirety;
D. If any material, equipment, apparatus or other items brought upon the site for
use or incorporation in the Work, or selected for the same, is rejected by the
Engineer or Construction Manager as unsuitable or not in conformity with the
Specifications or any of the other Contract Documents, Contractor shall forthwith
remove such materials, equipment, apparatus and other items from the site of
the Work and shall at Contractor's own cost and expense make good and
replace the same and any material furnished by Owner which shall be damaged
or rendered defective by the handling or improper installation by Contractor,
Contractor's agents, servants, employees or Subcontractors.
E. Nothing in the Contract shall be construed as vesting in Contractor any right of
property in the materials, equipment, apparatus and other items furnished after
they have been installed or incorporated in or attached or affixed to the Work or
the site, but all such materials, equipment, apparatus and other items shall, upon
being so installed, incorporated, attached or affixed, become the property of
Owner. Nothing in this subsection shall relieve Contractor of Contractor's duty to
protect and maintain all such materials, equipment, apparatus and other items.
SC-7.06 Concerning Subcontractors, Suppliers and Others —ADD the following sentence at the
end of Paragraph 7.06.A:
"Contractor shall submit a listing of all Subcontractors they propose to use within 10
calendar days of the Notice to Proceed or prior to subcontractor working on-site. Owner
will review and return the submittal within 10 calendar days of receipt with comments
and/or objections to the use of any Subcontractor for cause."
ADD the following paragraphs after Paragraph 7.06.0 in their entirety:
P. Contractor shall not assign any monies due or to become due to him hereunder
without the previous written consent of Owner.
Q. No party to this Contract may assign any interest herein to any person without
the consent of all the other parties hereto at the time, and the terms of
this Contract shall inure to the benefit of and be binding upon the respective
successors of each party hereto. Nothing herein contained, however, shall be
construed as preventing the reorganization of any party hereto nor as preventing
any other body corporate and politic succeeding to the rights, privileges, powers,
immunities, liabilities, disabilities, functions and duties of a party hereto, as may
be authorized by law, in the absence of any prejudicial impairment of any
obligation of Contract hereby imposed.
SC-7.07 Patent Fees and Royalties— DELETE Paragraphs 7.07.E and 7.07.0 in their entirety

SC-7.08 Permits — REPLACE the 2nd sentence in Paragraph 7.08.A with the following; "Owner
and Engineer shall assist the Contractor, when necessary, in obtaining and renewing
such permits and licenses."
ADD the following paragraph:
B. The Owner and/or Engineer has obtained the following initial permits for this
project:
• Authorization to Construct(NC DEQ)
SC-7.10 Laws and Regulations —ADD the following paragraphs after Paragraph 7.10.0 in their
entirety:
D. Contractor must be licensed as required by the Laws of the State of North
Carolina.
E. Burning shall not be permitted on the site
F. Contractor must comply with the provisions of all applicable local, state and
federal laws, including the Workmen's Compensation Act and Federal, State and
County laws relating to hours of labor.
G. Each and every provision of law and clause required by law to be inserted in the
Contract shall be deemed to be inserted herein, and the Contract shall be read
and enforced as though they were included herein. If through mistake or
otherwise any such provision is not inserted, or is not correctly inserted, then
upon the application of either party, the Contract shall forthwith be physically
amended to make such insertion.
H. Work in Confined Space: The provisions of 29 CFR Section 1910.146, "Permit -
Required Confined Spaces", have been adopted by Owner and shall apply to
Work under this Contract. Owner has established a confined space entry
program for its own use, and will be responsible for enforcement of the program
for Owner's personnel only.
Contractor is hereby notified that all existing wastewater treatment basin
structures, as well as manholes and other structures included under the
confined space definition of 29 CFR 1910.146, shall be considered
hazardous locations with hazardous atmospheric conditions. The
structures may contain methane, hydrogen sulfide, carbon dioxide, and other
gases which are dangerous to life or health. Contractor shall allow its personnel
or Subcontractors to enter these confined spaces only through compliance with
an entry permit program as specified herein.
Contractor shall establish and maintain a confined space entry program
appropriate to the structures and conditions encountered. The program shall
meet the requirements of 29 CFR 1910.146 and shall specifically address the
provisions of Paragraph (d)therein. Contractor shall enforce the requirements of
Paragraphs (e) and (f), shall establish and conduct a training program in

accordance with Paragraph (g), and shall comply with all other applicable
requirements of the referenced regulation.
Contractor shall prepare a complete written program covering the
requirements of this paragraph and the referenced regulation. The written
program shall be submitted through Engineer for review and approval by Owner,
and shall be modified and resubmitted if required. No Work shall be done by
Contractor or any of Contractor's personnel or Subcontractors in any confined
spaces until Contractor's program has been approved by Owner and Owner
is satisfied that the program provisions are in place.
Upon request, Owner's confined space entry program will be made available to
Contractor for review, but Owner's program shall not be considered as
necessarily addressing all steps and measures to be taken into account.
Contractor shall cooperate with Owner for coordination of activities whenever
Contractor's personnel and Owner's personnel will both be working in or near
the confined spaces at the same time.
SC-7.11 Record Documents — DELETE Paragraph 7.11 in its entirety and REPLACE with the
following:
A. Contractor shall maintain is a safe place at the Site one record copy of all
Drawings, Specifications, Addenda, Change Orders, Work Change Directives,
Field Orders and written interpretations and clarifications in good order and
annotated to show changes made during construction. These record
documents together with approved Samples and a counterpart of all approved
Shop Drawings will be available to Owner, Engineer and Construction Manager
for reference. Upon completion of the Work, these documents, Samples and
Shop Drawings will be delivered to Construction Manager.
B. Contractor shall, upon request, review with the Construction Manager, Owner
and Engineer the status of record documents in connection with the
Engineer's review of an Application for Payment. Failure to maintain complete
and current record documents may, at the discretion of the Engineer or Owner,
constitute cause for Engineer or Owner to recommend withholding payments for
work performed.
SC-7.12 Safety and Protection — ADD the following paragraphs after Paragraph 7.12.G in their
entirety:
H. Contractor shall take all precautions necessary to prevent damage to the Work
by storms or by water entering the Site of the Work directly or through the
ground. In case of damage by storm water, Contractor shall, at Contractor's own
cost and expense, make such repairs or replacements or rebuild such parts of
the Work as the Construction Manager may require in order that the finished
Work may be completed as required by the Contract. The above
includes protection of stored backfill material from excessively wet conditions.

I. Contractor must keep the job site free from accumulation of waste material or
rubbish caused by Contractor's operations.
J. Contractor shall store equipment, materials, fuels explosives, etc. in a manner
and in locations complying with all safety regulations and he shall avoid
interference with vehicular traffic traveling to or from the treatment plant, and he
shall not endanger vehicles, personnel, or employees of the Owner.
SC-7.14 Hazard Communication Programs —ADD the following paragraph in its entirety:
B. Contractor shall provide a centralized location for the maintenance of the
material safety data sheets or other hazard communications information
required to be made available by any employer on the Site. Location of the
material safety data sheets or other hazard communication information shall be
readily accessible to the employees of any employer on the Site.
SC-7.17 Contractor's General Warranty and Guarantee — DELETE paragraph 7.17.0 in its
entirety and REPLACE with the following:
C. Contractor's obligation to perform and complete the Work in accordance with the
Contract Documents shall be absolute. None of the following will constitute an
acceptance of Work that is not in accordance with the Contract Documents or a
release of Contractor's obligation to perform the Work in accordance with the
Contract Documents.
1. Observations by Engineer, Construction Manager or other employee of
agent of the Owner;
2. Recommendation by Engineer or payment by Owner of any progress or
final payment;
3. The issuance of a Certificate of Substantial Completion by Engineer or any
payment related thereto by Owner;
4. Use of occupancy of the Work or any part thereof by Owner;
5. Any review and approval of a Shop Drawing or Sample submittal or the
issuance of a notice of acceptability by Engineer;
6. An inspection, test, or approval by Others;
7. Any correction of defection Work by Owner; or
8. Any expiration of a correction period.
SC-7.18 Indemnification — DELETE paragraph 7.18 in its entirety and REPLACE with the
following:
SC-7.18 Indemnification
A. To the fullest extent permitted by Laws and Regulations, Contractor shall
indemnify and hold harmless Owner, Engineer and Construction Manager, and
the officers, directors, members, partners, employees, agents, consultants and

subcontractors of each and any of them from and against all claims, costs,
losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of or relating to the
performance of the Work, provided that any such claim, cost, loss, or damage
is attributable to bodily injury, sickness, disease, or death, or to injury to or
destruction of tangible property (other than the Work itself), including the loss of
use resulting therefrom but only to the extent caused by any negligent act or
omission of Contractor, any Subcontractor, any Supplier, or any individual or
entity directly or indirectly employed by any of them to perform or furnish any of
the Work or anyone for whose acts any of them may be liable.
B. In any and all claims against Owner, Engineer, or Construction Manager or any
of their officers, directors, members, partners, employees, agents, consultants, or
subcontractors by any employee (or the survivor or personal representative of
such employee) of Contractor, any Subcontractor, any Supplier, or any individual
or entity directly or indirectly employed by any of them to perform any of the Work,
or anyone for whose acts any of them may be liable,the indemnification obligation
under Paragraph 6.20.A shall not be limited in any way by any limitation on the
amount or type of damages, compensation, or benefits payable by or for
Contractor or any such Subcontractor, Supplier, or other individual or entity under
workers' compensation acts, disability benefit acts, or other employee benefit
acts.
C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not
extend to the liability of Engineer, Engineer and Construction Manager's officers,
directors, members, partners, employees, agents, consultants and
subcontractors arising out of:
1) the preparation or approval of, or the failure to prepare or approve, maps,
Drawings, opinions, reports, surveys, Change Orders, designs, or
Specifications; or
2) giving directions or instructions, or failing to give them, if that is the primary
cause of the injury or damage.
SC-7.19 Delegation of Professional Design Services — DELETE paragraph 7.19.D in its entirety
and REPLACE with the following:
D. Pursuant to this Paragraph 7.19, Engineer's review and acceptance of signed and
sealed certifications of performance and design criteria used when designing
systems, materials, or equipment and design drawings will be only for the limited
purpose of checking for conformance with performance and design criteria given
and the design concept expressed in the Contract Documents. Engineer's review
and acceptance of Shop Drawings and other submittals (except performance and
design criteria and design drawings)will be only for the purpose stated in Division
1 submittals section.
ADD the following paragraph as 7.19.F:

F. When professional design services are required by the Contract Documents,
Contractor shall provide certification that the design has been performed by a
design professional in accordance with the Contact Documents and that the
associated construction conforms to the design provided by the design
professional.
SC-9.01 Communications to Contractor — DELETE paragraph 9.01.A in its entirety and
REPLACE with the following:
A. Except as otherwise provided in these General Conditions, Owner shall issue all
communications to Contractor through the Construction Manager or other
designated authorized representative.
SC-9.13 Construction Manager — ADD the following paragraphs immediately after paragraph
9.12:
A. The Construction Manager shall be Owner's representative during the life of the
Contract and shall observe the Work in progress on behalf of Owner. He shall
have the authority (1) to act on behalf of the Owner to the extent expressly
provided in the Contract Documents or otherwise in writing; (2) to determine the
amount, quality, acceptability and fitness of all Work, materials and equipment
required by the Contract Documents; and (3) to decide all questions which arise
in relation to the Work, the execution thereof, and the fulfillment of the Contract.
B. All submittals and correspondence made by Contractor, Owner, Engineer or
related entity shall be made through the Construction Manager or authorized
representative.
C. Construction Manager may authorize minor variations in the Work from the
requirements of the Contract Documents which do not involve an adjustment in
Contract Price or Contract Times and are compatible with the design concept of
the completed Project as a functioning whole as indicated by the Contract
Documents. These variations may be accomplished by a Field Order and will be
binding on Owner and also on Contractor, who shall perform the Work involved
promptly. If Owner or Contractor believes that a Field Order justifies an adjustment
in Contract Price or Contract Times, or both, and the parties are unable to agree
on entitlement to or on the amount or extent, if any, of any such adjustment, a
Claim may be made therefor as provided in Article 12.
D. In consultation with Engineer and Owner, the Construction Manager's decisions in
technical matters shall be final if within the terms of the Contract Documents.
E. Except as otherwise expressly provided in the Contract Documents, all the
Construction Manager's and Engineer's decisions are subject to review by the
Owner.
SC-10.01 Owner's Representative—DELETE paragraph 10.01.A in its entirety and REPLACE with
the following:

A. Engineer will be Owner's representative during construction for matters relating to
interpretation of the Contract Documents as they relate to design questions,
requests for clarifications, design intent, review of Contractor submittals of
materials and equipment to be incorporated into the Work, and review of
performance testing to be performed by the Contractor.
B. The Construction Manager or other authorized representative appointed by the
Owner will be the Owner's representative during construction for matters relating
to construction contract administration and observation or work in progress
C. The duties and responsibilities and limitations of authority of the Engineer and
Construction Manager as the Owner's representative during construction are set
forth in the Contract Documents.
SC-10.04 Rejecting Defective Work — ADD the following sentence to the end of paragraph
10.04.A; "Any exercise of authority by the Engineer under this paragraph shall be
immediately reported to the Construction Manager and Owner."
SC-10.07 Decisions on Requirements of Contract Documents and Acceptability of Work —
DELETE paragraph 10.07.A in its entirety and REPLACE with the following;
A. Engineer will be the initial interpreter of all requirements of the Contract
Documents and judge of the acceptability of the Work thereunder insofar as the
subject matter of any pertinent claim, dispute, or other matter falls within the
realm of the technical expertise of the Engineer. All matters in question and
other matters between Owner and Contractor arising prior to the date final
payment is due relating to the acceptability of the Work, and the interpretation of
the requirements of the Contract Documents pertaining to the performance of
the Work, will be referred to initially to the Engineer in writing within 30 days of
the event giving rise to the question. Engineer shall not render any decision on
claims, disputes or other matters the subject matter of which, at Engineer's sole
discretion, requires legal, rather than technical interpretation.
ADD paragraph 10.07 B:
B. The Engineer shall be the sole judge of the intent and meaning of the
Drawings and Specifications and his decisions thereon and
his interpretations thereof shall be final, conclusive and binding on all parties.
SC-11.01 Field Order— DELETE paragraph 11.01 A.3 in its entirety
SC-11.05 Change of Contract Times —ADD the following paragraphs after paragraph 11.05.E
C. A claim for an extension of the Contract Times of Milestones, otherwise
allowable under the Contract Documents, shall be granted only to the extent the
time lost exceeds the float for the delayed activity at the time of the event giving

rise to the claim. Float, whether expressly disclosed or implied in any manner,
is jointly owned by the project participants.
D. Contractor shall not use float suppression techniques including, but not limited
to; preferential sequencing caused by late starts of follow-up trades,
unreasonably small crews, extended durations or imposed dates in information
provided to the Engineer.
SC-12.01 Claims —ADD the following paragraph immediately after paragraph 12.01.G
H. Except as otherwise expressly provided in the Contract Documents, all the
Construction Manager's and Engineer's decisions are subject to review by the
Owner.
SC-13.02 Allowances —ADD the following paragraph immediately after paragraph 13.02.B.2:
3. Additional allowances, with administrative procedures different from those in
paragraph 13.02 of the General Conditions, are required as specified in Division
1, General Requirements.
SC-13.03 Unit Price Work—ADD the following paragraph immediately after paragraph 13.03.E:
F. The unit price of an item of Unit Price Work shall be subject to re-evaluation and
adjustment by change order if the variation in the actual quantity of an item of
Unit Price Work performed by Contractor differs by more than 25 percent from
the estimated quantity of that item indicated in the Bid Form.
SC-14.01 Access to Work — DELETE paragraph 14.01.A in its entirety and REPLACE with the
following:
A. Owner, Engineer, Construction Manager, Inspector and other related entities
may at any and all times and for any and all purposes, enter upon the Work and
the site thereof and the premises used by Contractor, and the Contractor shall
at all times provide safe and proper facilities therefore.
B. The Owner, Engineer, Construction Manager and Inspector shall be furnished
by Contractor with every reasonable facility for examining and inspecting the
Work and for ascertaining that the Work is being performed in accordance with
the requirements and intent of the Contract, even to the extent of requiring the
uncovering and/or taking down portions of finished Work by Contractor.
C. Examination or inspection of the Work shall not relieve the Contractor of any
obligations to perform and complete the Work as required by the Contract.
SC-14.05 Uncovering Work—ADD the words "or Construction Manager" after the word "Engineer"
in Paragraph 14.04.0

SC-15.01 Progress Payments — ADD the following subparagraphs immediately after paragraph
15.01.B.1
a) The Contractor warrants and guarantees that the title to all work, materials and
equipment covered by monthly payment applications, whether incorporated in
the project or not, will pass to the Owner upon receipt of such payments by the
Contractor,free and clear of all liens, claims, security interests or encumbrances.
b) The Contractor may include in his monthly requisitions for payment a listing of
major equipment and materials to be considered by the Construction Manager
and Owner for partial payment. The Contractor shall be entitled to receive a sum
equal to 90% of the invoice price for the major equipment delivered, provided
that the following conditions are met prior to his request for partial payment:
1) Shop drawings for equipment and materials must be submitted and
approved by the Engineer and Owner.
2) Inspections must be made by the Construction Manager and/or Engineer
for conformance of all materials and equipment of approved shop
drawings and specifications, and shall be identifiable and inventoried
3) Manufacturer's written recommendations for the maintenance and
protection/storage of equipment and materials should be received by the
Construction Manager and/or Engineer and the Superintendent on the
job site.
4) Receipt of paid invoices from the electrical and mechanical equipment
suppliers shall be submitted to the Construction Manager indicating
100% payment including State of North Carolina sales tax and
handling/delivery costs.
5) All equipment and materials for which payment is requested shall be
properly and securely stored by the Contractor in a manner acceptable
to the Engineer and Construction Manager. All stored materials shall be
covered by appropriate property insurance and other arrangements
suitable to the Owner to protect the Owner's interest.
All materials upon which partial payments have been made shall thereupon become
the sole property of the Owner; however, this provision shall be bit construed as
relieving the Contractor from the sole responsibility for the care and protection of the
materials upon which payment have been made or a waiver of the right of the Owner
to require fulfillment of all terms of the contract. Each request for payment shall
include a statement that all losses due to materials damage, theft or any other
causes shall be borne to the Contractor. The guarantee period for these items will
not begin until such time that the material is installed, tested and accepted by the
Owner. The judgement as to which stored materials and equipment will be
considered for payments shall be made by the Construction Manager and Owner on
a case by case basis. The decision of the Construction Manager and Owner shall
be final.
ADD the following paragraphs immediately after paragraph 15.01.B.3:

4. Materials and Equipment: Payments for stored materials and equipment shall
be based only upon the actual cost to Contractor of the materials and equipment
and shall not include any overhead or profit to Contractor. Partial payments will
not be made for undelivered materials or equipment.
5. Schedules and Data: During the progress of the Work, each application for
Payment shall be accompanied by Contractor's updated schedule of operations
or progress report, with such shop drawings schedule, procurement schedules,
values of materials and equipment on hand included in application, and other
data specified or reasonably required by Construction Manager and/or Engineer.
ADD the following paragraph immediately after paragraph 15.01.E.3:
4. The Owner may apply any monies retained hereunder to reimburse itself for any
and all costs, expenses, losses, damage and damages, liabilities, suits,
judgements and awards incurred, suffered or sustained by the Owner and
chargeable to the Contractor hereunder or as determined hereunder.
SC-15.03 Substantial Completion—ADD the following subparagraph immediately after paragraph
15.03.A
1. "Substantial Completion" means that the tasks required for adequate treatment
of wastewater processes are totally complete in accordance with the Contract
Documents and the Contractor has fulfilled all obligation under the Contract
Documents for those facilities and/or individual tasks, including, but not limited
to, all punch list work, operation and maintenance manuals, startup
requirements, testing requirement and training requirements to the satisfaction
of Owner. All materials and equipment shall be installed and operations, or
temporary arrangements satisfactorily to Owner shall have been made. All
performance testing shall have been completed prior to the date of Substantial
Completion.
SC-15.04 Partial Use or Occupancy—ADD the following to the end of paragraph 15.04.A.2:
The minimum conditions which must be met for consideration by the Owner to execute
a Partial Acceptance shall be as follows:
a) Complete satisfaction of any and all submittal requirements for any related
materials and equipment associated with the facility considered for Partial
Acceptance.
b) Satisfactory completion of all required manufacturer's representative services,
inspections, tests, etc. as specified for the pertinent item. Engineer review and
response to manufacturer's representative reports and subsequent satisfactory
response by Contractor and Manufacturer is included with this requirement.
c) Completion of all Operations & Maintenance manual submittals for all related
equipment associated with the facility as outlined in the supplemental project

requirement. Completion of manufacturer's representative training services as
specified for the pertinent item.
d) Acceptance by the Owner under this subsection shall not relieve the Contractor
of any obligations under the Contract Documents except to the extent agreed
upon in writing between the Owner and Contractor.
e) The Owner shall have the right to exclude the Contractor from any part of the
Work which has been accepted but the Owner will allow the Contractor
reasonable access thereto to complete or correct items on the tentative list.
SC-15.06 Final Payment— DELETE paragraph 15.06.A.2.e in its entirety and REPLACE with the
following:
e) A Release of Lien executed by each subcontractor and supplier, in a form
acceptable to the Owner, releasing or waiving all lien rights arising out of or in
connection with the Work.
ADD the followings paragraphs immediately follow paragraph 15.06.D:
E. Prior to expiration period of twelve (12) months succeeding the payment of the
Final Acceptance, the Owner will pay the Contractor, all sums reserved or
retained, less such amounts as it may be empowered under the provision of the
contract permanently to retain.
F. Evidence of Payment: The Contractor shall furnish the Owner with satisfactory
evidence, before or within ten (10) days after the final completion and
acceptance of the whole Work under the contract, that all persons,
partnerships and corporations who have done work or furnished materials under
the contract, or in or about the work contracted for, and who have given written
notice to the Owner of claims against the Contractor on account thereof, have
been fully paid or secured. In the event such evidence is not furnished by the
Contractor, such amount as may be deemed necessary by the Owner, out of any
money due the Contractor under the contract, until such claims shall have been
fully discharged or such notice withdrawn. The Owner may also, with the written
consent of the Contractor, use any money retained, due or to become due under
the contract for the purpose of paying for both labor and material for the work,
for which claims have not been filed with the Owner.
H. Termination of the Owner's Liability: The acceptance by the Contractor of the
final payment, made as aforesaid, shall operate as and be a release to the
Owner and every officer and agent thereof, for all claims by and liabilities to the
Contractor and or any other person, corporation or association for anything done
or furnished for or relating to or affected by the work under the contract.
SC-15.08 Correction Period —ADD the following paragraph after paragraph 15.08.E

F. Nothing in this Article 15 concerning the correction period shall establish a period of
limitation with respect to any other obligation which Contractor has under the Contract
Documents. The establishment of time periods relates only to the specific obligations
of Contractor to correct the Work, and has no relationship to the time within which
Contractor's obligations under the Contractor Documents may be sought to be enforced,
not to the time within which proceedings may be commenced to establish Contractor's
liability with respect to Contractor's obligations other than to specifically correct the
Work.
SC-16.02 Owner May Terminate for Cause — ADD the words "or Construction Manager" after
"Engineer" in the paragraph 16.02.A.4.
ADD the following paragraph immediately after paragraph 16.02.A.4:
5. If Contractor should be adjusted as bankrupt, or if he should make a general
assignment for the benefit of Contractor's creditors, or if a receiver should be
appointed on account of Contractor's insolvency.
DELETE paragraph 16.02.E in its entirety and REPLACE with the following:
E. If Owner proceeds as provided in Paragraph 16.02.B, Contractor shall not be
entitled to receive any further payment until the Work is completed. All costs,
expenses, losses, damages, attorney's fees, engineer's fees and any and all
other charges incurred by Owner under Section 16.02 shall be charged against
Contractor and deducted and/or paid by Owner out of any moneys due or
payable or to become due or payable under the Contract to Contractor. In
computing the amounts chargeable to Contractor, Owner shall not be held to a
basis of the lowest prices for which the completion of the Work or any part
thereof might have been accomplished, but all sums actually paid or obligated
therefore to effect its prompt completion shall be charged to and against the
account of Contractor. In case the costs, expenses, losses, damages,
attorney's fees and other charges together with all payments theretofore made
to or for the account of Contractor are less than the sum which would have been
payable under the Contract, Contactor shall be entitled to receive the difference,
and, in case such costs, expenses, losses, damages, attorney's fees and other
charges, together with all payments theretofore made to or for the account of
Contractor, shall exceed the said sum, Contractor shall pay the amount of the
excess to Owner. Such claims, costs, losses, and damages incurred by Owner
will be reviewed by Engineer to their reasonableness and, when so approved
by Engineer, incorporated in a Change Order.
SC-16.03 Owner May Terminate for Convenience — ADD the following paragraph immediately
after paragraph 16.03.B:
C. After receipt of a notice of termination, Contractor shall, to the extent directed by
Owner immediately, but not later than three (3)days, after receipt of such notice:
1) Stop Work under this Contract.

2) Place no further orders or Subcontract for materials or services, except
as necessary for completion of Work not terminated.
3) Terminate all subcontracts to the extent that they relate to Work terminated
by Owner.
4) Assign to Owner in the manner, at the time and to the extent directed by
Owner, all of the right, title and interest of Contractor under the
Subcontracts terminated.
5) Settle all outstanding liabilities and all claims arising out of termination of
Contract, provided the amount of such settlements are first approved in
writing by Owner.
6) Take any action to protect property in Contractor's possession in which
Owner has or may acquire an interest.
7) Complete performance of Work not terminated.
8) Owner shall pay to Contractor reasonable costs of settlement, consistent
with Contractor's duties hereunder, provided that total payments under
this clause shall not exceed the total Contract price, and provided further that
Contractor shall submit claims for payment to Owner within sixty (60)
days from the date of receipt of the notice of termination
SC-17.01 Methods and Procedures— DELETE paragraph 17.01 in its entirety and REPLACE with
the following:
17.01 Methods and Procedures
A. Dispute resolution methods and procedures, if any, shall be as set forth in the
Supplementary Conditions. If no methods and procedure has been set forth,
and subject to the provisions of Article 12, Owner and Contractor may exercise
such rights or remedies as either may otherwise have under the Contract
Documents or by Laws and Regulations in respect of any dispute.
SC-18.01 Giving Notice—ADD the following paragraph immediately after paragraph 18.01.A
B. A copy of each written notice shall be delivered to the Construction Manager at
the same time, except those prepared by or addressed to the Construction
Manager.
SC-18.06 Survival of Obligations — ADD the following paragraph immediately after paragraph
18.06.A
B. Contractor shall obtain from all Suppliers and manufacturers any and all
warranties and guarantees of such Suppliers and manufacturers, whether or not
specifically required by the Specifications, and shall assign such warranties and
guarantees to Owner. With respect thereto, Contractor shall render reasonable
assistance to Owner when requested, in order to enable Owner to enforce such
warranties and guarantees. The assignment of any warranties or

guarantees shall not affect the correction period or any other provisions of these
Contract Documents.
SC-18.09 Time for Completion—ADD the following paragraphs immediately after paragraph 18.08
SC 18.09 Time for Completion
A. The time for completion shall begin on the date indicated on the Agreement, and
shall end on the expiration of the number of days set forth in the contract or
special provisions.
B. The stipulated contract period includes time to submit and review shop drawings,
order all equipment and material, and deliver all equipment and materials to
complete the project. The rate of progress shall be such that the Work shall be
performed and completed in accordance with the Contract before the expiration
of the time limit stipulated.
C. In the event of delays caused by acts of God, acts of Government, unforeseeable
and unavoidable labor disputes, or other causes or contingencies clearly beyond
the control or responsibility and without the fault or negligence of the Contractor,
his subcontractors or suppliers, the Contractor may be entitled to additional time
to perform and complete the Work, provided that the Contractor shall within forty-
eight (48) hours from the beginning of such delay notify the Owner in writing.
D. The Contractor shall apply for any extension of time in writing, setting forth in
detail the reasons and causes of delay including an estimate of the probable
effect of such delay on the progress of the work. The Contractor shall submit his
application for extension to the Owner not more than 7 days after the
commencement of the delay; otherwise the application for extension shall be
waived.
E. Upon receipt of such application, the Owner shall review and evaluate the cause
and extent of the delay. If, under the terms of the Contract, the delay is properly
excusable, the Owner will, in writing, appropriately extend the time for completion
of the Work.
F. The Contractor agrees that he shall not have or assert any claim for nor shall he
be entitled to any additional compensation or damages on account of such
delays.
G. Delays caused by the failure of the Contractor's material, men, manufacturers,
and dealers to furnish approved working drawings, materials,fixtures equipment,
appliances, or other fittings on time or the failure of subcontractors to perform
their work in conformity with the approved progress schedule shall not constitute
a basis for extension of time.
H. The determination made by the Owner on an application or an extension of time
shall be final and conclusive, provided however, that the Contractor, upon receipt

of such determination, may contest the decision of the Owner if the Contractor
believes his decision is the product of fraud or bad faith on the part of the Owner.
I. The Contract Period will be adjusted to account for unusually severe weather
conditions which prevent or inhibit the Contractor's performance of the Work and
lengthen the critical path indicated on the Project Schedule (such unusually
severe weather conditions referred to herein as "Inclement Weather"). It is the
intent of this provision to offset the impact of Inclement Weather with unusually
favorable weather conditions which immediately precede and/or follow the
occurrence of Inclement Weather. The Contractor shall notify the Project
Manager in writing of the occurrence of Inclement Weather within two (2) days
after the onset of such Inclement Weather and shall describe in reasonable detail
the type of Inclement Weather encountered by the Contractor and the Work
thereby interfered with or interrupted, in accordance with the provisions specified
elsewhere. The Project Manager and the Owner shall determine the
Contractor's entitlement to an extension of the Contract Period for Inclement
Weather by adding to the beginning and the end of the period of Inclement
Weather a number of days equal to the total number of days of Inclement
Weather (the "Inclement Period"), but in no event fewer than 15 days and
comparing the Inclement Period with the identical period for the five years
preceding the Inclement Period (the "Comparison Period") based upon the
accumulated record monthly or daily mean values (the choice of monthly or daily
values being made by the Project Manager in his sole and absolute discretion)
from climatological data compiled by the U.S. Department of Commerce National
Oceanic and Atmospheric Administration for Baltimore Washington International
Airport provided, however, that in no event shall the Inclement period include
days outside the Contract Period. The Contractor shall be entitled to an
extension of the Contract Period only in the event and to the extent that the total
number of days of Inclement Weather during the Inclement Period exceeds the
total number of days of similar types of weather conditions during the
Comparison Period.
SC-18.10 Liquidated Damages — ADD the following paragraphs immediately after paragraph
18.10
SC 18.10 Liquidated Damages
A. It is hereby understood and mutually agreed, by and between Contractor and
Owner that the date of beginning and the time for completion as specified in the
Contract Documents for the Work to be done hereunder are ESSENTIAL
CONDITIONS of this Contract, and it is further mutually understood and agreed
that the Work embraced in this Contract shall be commenced on a date to be
specified in the "Notice to Proceed".
B. The Contractor agrees that the Work shall be prosecuted regularly, diligently and
uninterruptedly as such rate of progress as will ensure Substantial Completion
thereof within 60 consecutive calendar days after delivery of the Blowers to
the Site plus any extensions thereof allowed in accordance with Article 12 of the

General Conditions, including testing. It is expressly understood and agreed, by
and between Contractor and Owner, that the time of completion of the same,
takes into consideration the average climatic range and usual industrial
conditions prevailing in this locality.
C. If the Contractor shall neglect, fail or refuse to complete the Work within the time
herein specified, or any proper extension thereof granted by Owner, then the
Contractor does hereby agree, as part of consideration for the awarding of the
contract, to pay Owner $500.00 for each consecutive calendar day that
expires after the Substantial Completion date, not as a penalty, but as liquidated
damages for such breach of contract as hereinafter set forth, for each and every
calendar day that Contractor shall be in fault after the time stipulated in the
Contract for completing the Work.
D. It is further agreed that time is of the essence of each and every portion of this
Contract and of the specifications wherein a definite and certain length of time is
fixed for the performance of any act whatsoever; and where under the Contract,
an additional time is allowed for the completion of any Work the new time limit
fixed by such extension shall be of the essence of this contract. Provided that
the Contractor shall not be charged with liquidated damages or any excessive
cost when Owner determines that the Contractor is without fault and the
Contractor's reasons for the time extension are acceptable to Owner; provided,
further, that the Contractor shall not be charged with liquidated damages or any
excess cost when the delay in completion of the Work is due:
1) to any preference, priority or allocation order duly issued by the
Government;
2) to any unforeseeable cause beyond the control and without the fault or
negligence of Contractor, including, but not restricted to acts of God, or of
the public enemy, acts of Owner, acts of another Contractor in the
performance of a contract with Owner, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, and severe weather; and,
3) to any delays of Subcontractor or Suppliers occasioned by any of the
causes specified in subsections 1) and 2) of this article; provided, further,
that the Contractor shall, within ten (10) days from the beginning of such
delay, unless Owner shall grant a further period of time prior to the date
of final settlement of the contract, notify Owner, in writing, of the causes
of the delay, who shall ascertain the facts and extent of the delay and
notify Contractor within a reasonable time of its decision in the matter.
END OF SECTION

�N(a INUFi,JOINT CONTRAri
UOCUMUNTS GOMMII"If E
Work Change Directive No.
Date of Issuance: Effective Date:
Owner: Owner's Contract No.:
Contractor: Contractor's Project No.:
Engineer: Engineer's Project No.:
Project: Contract Name:
Contractor is directed to proceed promptly with the following change(s):
Description:
Attachments: [List documents supporting change]
Purpose for Work Change Directive:
Directive to proceed promptly with the Work described herein, prior to agreeing to changes on Contract Price and
Contract Time, is issued due to: [check one or both of the following]
fNon-agreement on pricing of proposed change.
n Necessity to proceed for schedule or other Project reasons.
Estimated Change in Contract Price and Contract Times(non-binding, preliminary):
Contract Price $ [increase] [decrease].
Contract Time days [increase] [decrease].
Basis of estimated change in Contract Price:
n Lump Sum n Unit Price
n Cost of the Work n Other
RECOMMENDED: AUTHORIZED BY: RECEIVED:
By: By: By:
Engineer(Authorized Signature) Owner(Authorized Signature) Contractor(Authorized Signature)
Title: Title: Title:
Date: Date: Date:
Approved by Funding Agency(if applicable)
By: Date:
Title:
EJCDC C-940,Work Change Directive.
Prepared and published 2013 by the Engineers Joint Contract Documents Committee.
Page 1 of 1

r N(al N rrFi,lci Nr<c�Nrrtnri
DOCUMENTS C(J MMII"I'Et
Change Order No.
Date of Issuance: Effective Date:
Owner: Owner's Contract No.:
Contractor: Contractor's Project No.:
Engineer: Engineer's Project No.:
Project: Contract Name:
The Contract is modified as follows upon execution of this Change Order:
Description:
Attachments: [List documents supporting change]
CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES
(note changes in Milestones if applicable]
Original Contract Price: Original Contract Times:
Substantial Completion:
$ Ready for Final Payment:
days or dates
[Increase] [Decrease] from previously approved Change [Increase] [Decrease] from previously approved Change
Orders No._ to No._ Orders No._ to No.
Substantial Completion:
$ Ready for Final Payment:
days
Contract Price prior to this Change Order: Contract Times prior to this Change Order:
Substantial Completion:
$ Ready for Final Payment:
days or dates
[Increase] [Decrease] of this Change Order: [Increase] [Decrease] of this Change Order:
Substantial Completion:
$ Ready for Final Payment:
days or dates
Contract Price incorporating this Change Order: Contract Times with all approved Change Orders:
Substantial Completion:
$ Ready for Final Payment:
days or dates
RECOMMENDED: ACCEPTED: ACCEPTED:
By: By: By:
Engineer (if required) Owner(Authorized Signature) Contractor(Authorized Signature)
Title: Title Title
Date: Date Date
Approved by Funding Agency(if
applicable)
By: Date:
Title:
EJCDC C-941,Change Order.
Prepared and published 2013 by the Engineers Joint Contract Documents Committee.
Page 1 of 1

LNG N��H+1(Il N7 CONTRACT
DOCUMENTS C(J MMII"I'Et
Field Order No.
Date of Issuance: Effective Date:
Owner: Owner's Contract No.:
Contractor: Contractor's Project No.:
Engineer: Engineer's Project No.:
Project: Contract Name:
Contractor is hereby directed to promptly execute this Field Order, issued in accordance with General Conditions
Paragraph 11.01, for minor changes in the Work without changes in Contract Price or Contract Times. If Contractor
considers that a change in Contract Price or Contract Times is required, submit a Change Proposal before proceeding
with this Work.
Reference:
Specification(s) Drawing(s)/ Detail(s)
Description:
Attachments:
ISSUED: RECEIVED:
By: By:
Engineer (Authorized Signature) Contractor(Authorized Signature)
Title: Title:
Date: Date:
Copy to: Owner
EJCDC C-942,Field Order.
Prepared and published 2013 by the Engineers Joint Contract Documents Committee.
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SECTION 03301
CAST-IN-PLACE CONCRETE
PART 1 - GENERAL
1.01 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and
Supplementary Conditions and Division 1 Specification Sections, apply to this
Section.
1.02 SUMMARY
A. This Section specifies cast-in-place concrete, including reinforcement, concrete
materials, mixture design, placement procedures, and finishes.
1.03 SUBMITTALS
A. General: In addition to the following, comply with submittal requirements in ACI
301.
B. Product Data: For each type of product indicated.
C. Design Mixtures: For each concrete mixture.
1.04 QUALITY ASSURANCE
A. Manufacturer Qualifications: A firm experienced in manufacturing ready-mixed
concrete products and that complies with ASTM C94 requirements for production
facilities and equipment.
B. Source Limitations: Obtain each type of cement of the same brand from the
same manufacturer's plant, obtain aggregate from one source, and obtain
admixtures through one source from a single manufacturer.
C. Comply with ACI 301, "Specification for Structural Concrete," including the
following sections, unless modified by requirements in the Contract Documents:
1. "General Requirements."
2. "Formwork and Formwork Accessories."
3. "Reinforcement and Reinforcement Supports."
4. "Concrete Mixtures."
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5. "Handling, Placing, and Constructing."
D. Comply with ACI 117, "Specifications for Tolerances for Concrete Construction
and Materials."
E. Testing Agency: Testing of concrete shall be by an independent testing agency,
acceptable to the Owner and authorities having jurisdiction. Personnel
conducting field tests shall be qualified as an ACI Concrete Field Testing
Technician, Grade 1 according to ACI CP-1, or an equivalent certification
program.
1. An inspection and testing agency shall be employed by the Contractor to
inspect and test all concrete as to mix, strength and other matters
pertaining thereto, as directed by the Engineer.
2. The duties, responsibilities and minimum requirements of the inspection
and testing agency shall be in accordance with ASTM E329.
3. Inspection and testing services shall be paid for by the Contractor.
PART 2 - PRODUCTS
2.01 FORMWORK
A. Furnish formwork and formwork accessories according to ACI 301.
2.02 STEEL REINFORCEMENT
A. Reinforcing Bars: ASTM A615, Grade 60, deformed, with fusion bonded epoxy
powder coating in accordance with ASTM D3963. Coating shall be a bright color
in contrast to the color of reinforcement steel and rust.
B. Plain-Steel Wire: ASTM A82, as drawn.
C. Welded Wire Reinforcement: ASTM A1064, furnish in flat sheets.
2.03 CONCRETE MATERIALS
A. Cementitious Material: Use the following cementitious materials, of the same
type, brand, and source throughout Project:
1. Portland Cement: ASTM C150, Type I/II.
B. Normal-Weight Aggregate: ASTM C33, graded, 1-1/2-inch nominal maximum
aggregate size.
C. Lightweight Aggregate: ASTM C330, 1-inch nominal maximum aggregate size.
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D. Water: ASTM C94; potable.
2.04 ADMIXTURES
A. Air-Entraining Admixture: ASTM C260.
B. Chemical Admixtures: Provide admixtures certified by manufacturer to be
compatible with other admixtures and that will not contribute water-soluble
chloride ions exceeding those permitted in hardened concrete. Do not use
calcium chloride or admixtures containing calcium chloride.
1. Water-Reducing Admixture: ASTM C494, Type A.
2. Retarding Admixture: ASTM C494, Type B.
3. Water-Reducing and Retarding Admixture: ASTM C494, Type D.
4. High-Range, Water-Reducing Admixture: ASTM C494, Type F.
5. High-Range, Water-Reducing and Retarding Admixture: ASTM C494,
Type G.
6. Plasticizing and Retarding Admixture: ASTM C1017, Type II.
2.05 CURING MATERIALS
A. Evaporation Retarder: Waterborne, monomolecular film forming; manufactured
for application to fresh concrete.
B. Absorptive Cover: AASHTO M182, Class 2, burlap cloth made from jute or
kenaf, weighing approximately 9 oz./sq. yd. when dry.
C. Moisture-Retaining Cover: ASTM C171, polyethylene film or white burlap-
polyethylene sheet.
D. Water: Potable.
E. Clear, Solvent-Borne, Membrane-Forming Curing and Sealing Compound:
ASTM C1315, Type 1, Class A.
F. Clear, Waterborne, Membrane-Forming Curing and Sealing Compound: ASTM
C1315, Type 1, Class A.
2.06 CONCRETE MIXTURES
A. Comply with ACI 301 requirements for concrete mixtures.
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B. Normal-Weight Concrete — 3,500 psi: Prepare design mixes, proportioned
according to ACI 301, as follows:
1. Minimum Compressive Strength: 3,500 psi at 28 days.
2. Maximum Water-Cementitious Materials Ratio: 0.50.
3. Slump Limit: 4 inches for concrete with verified slump of 2 to 5 inches
before adding high-range water-reducing admixture or plasticizing
admixture, plus or minus 1 inch.
4. Air Content: Maintain within range permitted by ACI 301.
2.07 CONCRETE MIXING
A. Ready-Mixed Concrete: Measure, batch, mix, and deliver concrete according to
ASTM C94, and furnish batch ticket information.
1. When air temperature is above 90 deg F, reduce mixing and delivery time
to 60 minutes.
B. Project-Site Mixing: Measure, batch, and mix concrete materials and concrete
according to ASTM C94. Mix concrete materials in appropriate drum-type batch
machine mixer.
1. For mixer capacity of 1 cu. yd. or smaller, continue mixing at least 1-1/2
minutes, but not more than 5 minutes after ingredients are in mixer,
before any part of batch is released.
2. For mixer capacity larger than 1 cu. yd., increase mixing time by 15
seconds for each additional 1 cu. yd.
3. Provide batch ticket for each batch discharged and used in the Work,
indicating Project identification name and number, date, mix type, mix
time, quantity, and amount of water added. Record approximate location
of final deposit in structure.
PART 3 - EXECUTION
3.01 FORMWORK
A. Design, construct, erect, brace, and maintain formwork according to ACI 301.
3.02 STEEL REINFORCEMENT
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A. Comply with CRSI's "Manual of Standard Practice" for fabricating, placing, and
supporting reinforcement.
3.03 JOINTS
A. General: Construct joints true to line with faces perpendicular to surface plane of
concrete.
B. Construction Joints: Locate and install so strength and appearance of concrete
are not impaired, at locations indicated or as approved by Engineer.
3.04 CONCRETE PLACEMENT
A. Comply with ACI 301 for measuring, batching, mixing, transporting, and placing
concrete.
B. Before test sampling and placing concrete, water may be added at Project site,
subject to limitations of ACI 301.
C. Consolidate concrete with mechanical vibrating equipment.
3.05 FINISHING FORMED SURFACES
A. Smooth-Formed Finish: As-cast concrete texture imparted by form-facing
material, arranged in an orderly and symmetrical manner with a minimum of
seams. Repair and patch tie holes and defective areas. Remove fins and other
projections exceeding 1/8 inch.
1. Apply to concrete surfaces exposed to public view, to receive a rubbed
finish, or to be covered with a coating or covering material applied directly
to concrete.
B. Rubbed Finish: Apply the following rubbed finish, defined in ACI 301, to smooth-
formed finished as-cast concrete:
1. Smooth-rubbed finish.
2. Grout-cleaned finish.
3. Cork-floated finish.
C. Related Unformed Surfaces: At tops of walls, horizontal offsets, and similar
unformed surfaces adjacent to formed surfaces, strike off smooth and finish with
a texture matching adjacent formed surfaces. Continue final surface treatment of
formed surfaces uniformly across adjacent unformed surfaces, unless otherwise
indicated.
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3.06 FINISHING UNFORMED SURFACES
A. General: Comply with ACI 302.1R for screeding, restraightening, and finishing
operations for concrete surfaces. Do not wet concrete surfaces.
B. Screed surfaces with a straightedge and strike off.
1. Do not further disturb surfaces before starting finishing operations.
C. Trowel Finish: Apply a hard trowel finish.
3.07 CONCRETE PROTECTING AND CURING
A. General: Protect freshly placed concrete from premature drying and excessive
cold or hot temperatures. Comply with ACI 306.1 for cold-weather protection and
with ACI 301 for hot-weather protection during curing.
B. Evaporation Retarder: Apply evaporation retarder to concrete surfaces if hot,
dry, or windy conditions cause moisture loss approaching 0.2 lb/sq. ft. x h before
and during finishing operations. Apply according to manufacturer's written
instructions after placing, but before finishing.
C. Begin curing after finishing concrete but not before free water has disappeared
from concrete surface.
D. Curing Methods: Cure formed and unformed concrete for at least seven days by
one or a combination of the following methods:
1. Moisture Curing: Keep surfaces continuously moist for not less than
seven days with the following materials:
a. Water.
b. Absorptive cover, water saturated and kept continuously wet.
Cover concrete surfaces and edges with 12-inch lap over adjacent
absorptive covers.
2. Moisture-Retaining-Cover Curing: Cover concrete surfaces with moisture-
retaining cover for curing concrete, placed in widest practicable width,
with sides and ends lapped at least 12 inches, and sealed by waterproof
tape or adhesive. Cure for not less than seven days. Immediately repair
any holes or tears during curing period using cover material and
waterproof tape.
3. Curing Compound: Apply uniformly in continuous operation by roller
according to manufacturer's written instructions. Maintain continuity of
coating and repair damage during curing period.
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3.08 FIELD QUALITY CONTROL
A. Concrete Testing:
1. Perform compressive strength, slump, and air content tests for each 50
cubic yards of concrete placed, or any portion thereof, for each structure.
Cast at least 5 cylindrical strength test specimens for each batch. Test 2
cylinders at 7 days; test 2 cylinders at 28 days. Hold the remaining
cylinder for testing in the event that any of the other cylinders are
damaged prior to testing.
2. Determine concrete strength from standard test specimens made and
cured according to ASTM C31 and ASTM C172, and tested in
accordance with ASTM C39. Perform core drilling and testing in
accordance with ASTM C42. Compute and evaluate in accordance with
ASTM C94.
3. Determine air content in accordance with ASTM C231 or ASTM C173, as
applicable.
4. Determine slump in accordance with ASTM C143.
5. Keep a slump cone and an airmeter in close proximity to all concrete
placements.
3.09 REPAIRS
A. Remove and replace concrete that does not comply with requirements in this
Section.
END OF SECTION
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SECTION 05500
PLATFORM SUPPORT STRUCTURE
PART 1 - GENERAL
1.01 SUMMARY
A. This Section specifies foundation for the platform support, steel platform
supports, loose bearing and leveling plates, steel weld plates and angles, anchor
bolts, steel pipe sleeves, and other miscellaneous metal fabrications and
accessories.
B. No attempt is made to enumerate each item required, but to indicate parts and
describe general construction and certain special items; perform work in strict
conformity with the Contract Documents, approved Shop Drawings, and the
Specifications; and obtain field measurements of adjoining work required to
locate and fit work.
1.02 PERFORMANCE REQUIREMENTS
A. Foundation Design: The contractor's engineer shall design the foundation to
support the proposed structure. The foundation shall be designed by a
professional engineer registered in the State of North Carolina. The design team
shall perform subsurface exploration to verify the foundation soil. The cost for the
subsurface exploration shall be incidental to this item.
B. Structural Performance of Stairs: Provide metal stairs and a complete stair
system, capable of withstanding the effects of gravity loads and the following
loads and stresses within limits and under conditions indicated:
1. Uniform Load: 100 Ibf/sq. ft.
2. Concentrated Load: 300 lbf applied on an area of 4 sq. in.
3. Uniform and concentrated loads need not be assumed to act
concurrently.
4. In addition platforms shall be designed for any additional equipment load.
5. Stair Framing: Capable of withstanding stresses resulting from railing
loads in addition to loads specified above.
6. Limit deflection of treads, platforms, and framing members to L/360
deflection ratio or inch, whichever is less.
C. Structural Performance of Railings: Provide railings capable of withstanding the
effects of gravity loads and the following loads and stresses within limits and
under conditions indicated:
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1. Handrails:
a. Uniform loads of 50 lbf/ft. applied in any direction.
b. Concentrated load of 200 lbf applied in any direction.
c. Uniform and concentrated loads need not be assumed to act
concurrently.
2. Top Rails of Guards:
a. Uniform load of 50 lbf/ft. applied in any direction.
b. Concentrated load of 200 lbf applied in any direction.
c. Uniform and concentrated loads need not be assumed to act
concurrently.
3. Infill of Guards:
a. Concentrated load of 50 lbf applied horizontally on an area of 1
sq. ft.
b. Uniform load of 25 Isf/sq. ft. applied horizontally.
c. Infill load and other loads need not be assumed to act
concurrently.
D. Seismic Performance: Provide metal stairs capable of withstanding the effects of
earthquake motions determined according to ASCE 7, "Minimum Design Loads
for Buildings and Other Structures."
E. Thermal Movements: Provide exterior metal fabrications that allow for thermal
movements resulting from the following maximum change (range) in ambient and
surface temperatures by preventing buckling, opening of joints, overstressing of
components, failure of connections, and other detrimental effects. Base
engineering calculation on surface temperatures of materials due to both solar
heat gain and nighttime-sky heat loss.
1. Temperature Change (Range): 120 deg F, ambient; 180 deg F, material
surfaces.
F. Design shall be performed in accordance with the International Building Code,
2015.
1.03 SUBMITTALS
A. Shop Drawings: Show fabrication and installation details for all metal fabrications.
1. Foundation design signed and sealed by a professional engineer
registered in the State of North Carolina.
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2. Include plans, elevations, sections, and details of metal fabrications and
their connections. Show anchorage and accessory items. The platform
and stair system shall be designed by a professional engineer registered
in the State of North Carolina. The design shall be included with the shop
drawing submittal.
3. Indicate welds by standard AWS symbols, distinguishing between shop
and field welds, and show size, length, and type of each weld.
4. Indicate type, size, and length of bolts, distinguishing between shop and
field bolts.
5. Provide templates for anchors and bolts. Unless otherwise noted in the
drawings, all anchors bolts shall be plumb after installation.
6. For installed products indicated to comply with design loads, include
structural analysis data signed and sealed by the licensed Professional
Engineer registered in the State of North Carolina and responsible for
their preparation.
7. Post-Installed Concrete Anchors:
a. Product specifications with recommended design values and
physical characteristics for epoxy dowels, and expansion and
undercut anchors.
b. Quality Assurance Submittals:
(1) Test Reports: Certified test reports showing compliance
with specified performance characteristics and physical
properties.
(2) Certificates:
(a) ICC ES Evaluation Reports
(3) Manufacturer's Installation Instructions.
(4) Installer Qualifications and Procedures: Submit installer
qualifications and letter of procedure stating method of
drilling, the product proposed for use, the complete
installation procedure, manufacturer training date, and a
list of the personnel to be trained on anchor installation.
B. Mill Certificates: Signed by manufacturer certifying that products furnished
comply with requirements.
C. Welding certificates.
1.04 QUALITY ASSURANCE
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A. Welding: Qualify procedures and personnel according to the following:
1. AWS D1.1, "Structural Welding Code—Steel"
2. AWS D1.2, "Structural Welding Code—Aluminum"
3. AWS D1.3, "Structural Welding Code—Sheet Steel"
4. AWS D1.6, "Structural Welding Code—Stainless Steel"
B. Post-Installed Concrete Anchors:
1. Installer Qualifications: Drilled-in anchors shall be installed by a
contractor with at least five years of experience performing similar
installations.
2. Installer Training: Conduct thorough training with the manufacturer or the
manufacturer's representative for the Contractor on the project. Training
to consist of a review of the complete installation process for drilled-in
anchors, to include but not be limited to:
a. Hole drilling procedure
b. Hole preparation and cleaning technique
c. Adhesive injection technique and dispenser training/maintenance
d. Reinforcing dowel preparation and installation
e. Proof loading/torqueing
3. Certifications: Anchors shall have ICC ES Evaluation Report indicating
conformance with current applicable ICC ES Acceptance Criteria.
1.05 PROJECT CONDITIONS
A. Field Measurements: Verify actual locations of walls and other construction
contiguous with metal fabrications by field measurements before fabrication and
indicate measurements on Shop Drawings.
1.06 COORDINATION
A. Coordinate installation of anchorages for metal fabrications. Furnish setting
drawings, templates, and directions for installing anchorages, including sleeves,
concrete inserts, anchor bolts, and items with integral anchors, that are to be
embedded in concrete.
B. Coordinate installation of steel weld plates and angles for casting into concrete.
1.07 PRODUCT DELIVERY, HANDLING AND STORAGE
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A. Deliver all materials in good condition. Store in a dry place, off ground. Keep dry
at all times. Handle materials to prevent damage to product or structure.
B. Deliver all materials to the job site properly marked to identify the structure for
which they are intended and at such intervals to insure uninterrupted progress of
the work. Marking shall correspond to markings indicated on the shop drawings.
PART 2 - PRODUCTS
2.01 METALS, GENERAL
A. Provide materials with smooth, flat surfaces, unless otherwise indicated. For
metal fabrications exposed to view in the completed work, provide materials
without seam marks, roller marks, rolled trade names, or blemishes.
2.02 FERROUS METALS
A. Steel Plates, Shapes, and Bars: ASTM A36.
B. Steel W-Shapes: ASTM A992, Grade 50.
C. Stainless Steel Sheet, Strip, Plate, and Flat Bars: ASTM A666, Type 316L.
D. Stainless Steel Bars and Shapes: ASTM A276, Type 316L.
E. Steel Tubing: ASTM A1085.
F. Steel Pipe: ASTM A53, Grade B standard weight (Schedule 40), unless another
weight is indicated or required by structural loads.
2.03 FASTENERS
A. Steel Bolts and Nuts: Regular hexagon-head bolts, ASTM F3125, Grade A325,
Type 1; with ASTM A563 heavy hex nuts, and ASTM F436 hardened carbon
steel washers; with hot-dip zinc coating per ASTM A153.
B. Anchor Bolts: ASTM F1554, Grade 55.
1. Provide hot-dip or mechanically deposited, zinc-coated anchor bolts
where item being fastened is indicated to be galvanized.
C. Eyebolts: ASTM A489.
D. Machine Screws: ASME B18.6.3.
E. Plain Washers: Round, ASME B18.22.1.
F. Concrete Fasteners and Anchors: Fasteners and anchors shall be of the type
and size shown on the Contract Drawings, and as specified as follows:
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1. Wedge Anchors: Wedge type, torque-controlled, with impact section to
prevent thread damage complete with required nuts and washers.
Provide anchors with length identification markings conforming to ICC ES
AC01 or ICC ES AC193. Type and size as required by the design
engineer.
2. Cartridge Injection Adhesive Anchors: Threaded steel rod, inserts or
reinforcing dowels, complete with nuts, washers, polymer or hybrid mortar
adhesive injection system, and manufacturer's installation instructions.
Type and size as required by the design engineer.
3. Capsule Anchors: Threaded steel rod, inserts and reinforcing dowels with
45 degree chisel point, complete with nuts, washers, glass or foil capsule
anchor system containing polyvinyl or urethane methacrylate-based resin
and accelerator, and manufacturer's installation instructions. Type and
size as required by the design engineer.
2.04 MISCELLANEOUS MATERIALS
A. Welding Rods and Bare Electrodes: Select according to AWS specifications for
metal alloy welded.
B. Shop Primers: Provide primers that comply with Section 09900.
C. Zinc-Rich Primer: Complying with SSPC-Paint 20 or SSPC-Paint 29 and
compatible with topcoat.
1. Use primer with a VOC content of 3.5 lb/gal or less when calculated
according to 40 CFR 59, Subpart D (EPA Method 24).
2. Products shall be Carboline Carbozinc 621, Sherwin-Williams Corothane I
GalvaPac Zinc Primer, Tnemec Tneme-Zinc 90-97, or approved equal.
D. Galvanizing Repair Paint: High zinc-dust content paint for regalvanizing welds in
steel, complying with SSPC-Paint 20. Cold applied galvanized repair material to
be a minimum of 90% zinc.
E. Bituminous Paint: Cold-applied asphalt emulsion complying with ASTM D1187.
2.05 FABRICATION, GENERAL
A. Shop Assembly: Preassemble items in the shop to greatest extent possible.
Disassemble units only as necessary for shipping and handling limitations. Use
connections that maintain structural value of joined pieces. Clearly mark units for
reassembly and coordinated installation.
B. Cut, drill and punch metals cleanly and accurately. Remove burrs and ease
edges to a radius of approximately 0.03125-inch, unless otherwise indicated.
Remove sharp or rough areas on exposed surfaces.
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C. Form bent-metal corners to smallest radius possible without causing grain
separation or otherwise impairing work.
D. Form exposed work true to line and level with accurate angles and surfaces and
straight edges.
E. Weld corners and seams continuously to comply with the following:
1. Use materials and methods that minimize distortion and develop strength
and corrosion resistance of base metals.
2. Obtain fusion without undercut or overlap.
3. Remove welding flux immediately.
4. At exposed connections, finish exposed welds and surfaces smooth and
blended so no roughness shows after finishing and contour of welded
surface matches that of adjacent surface.
F. Form exposed connections with hairline joints, flush and smooth, using
concealed fasteners where possible. Where exposed fasteners are required, use
Phillips flat-head (countersunk) screws or bolts, unless otherwise indicated.
Locate joints where least conspicuous.
G. Fabricate seams and other connections that will be exposed to weather in a
manner to exclude water. Provide weep holes where water may accumulate.
H. Cut, reinforce, drill and tap metal fabrications to receive finish hardware, screws
and similar items.
Provide for anchorage of type indicated; coordinate with supporting structure.
Space anchoring devices to secure metal fabrications rigidly in place and to
support indicated loads.
1. Where units are indicated to be cast into concrete, equip with integrally
welded steel strap anchors, 1/8 by 11/2-inches, with a minimum 6-inch
embedment and 2-inch hook, not less than 8 inches from ends and
corners of units and 24 inches o.c., unless otherwise indicated.
2.06 MISCELLANEOUS FRAMING AND SUPPORTS
A. General: Provide steel framing and supports not specified in other Sections as
needed to complete the work.
B. Fabricate units from steel shapes, plates, and bars of welded construction,
unless otherwise indicated. Fabricate to sizes, shapes and profiles indicated and
as necessary to receive adjacent construction retained by framing and supports.
Cut, drill, and tap units to receive hardware, hangers, and similar items. Furnish
inserts if units are installed after concrete is placed.
C. Galvanize miscellaneous framing and supports.
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2.07 LOOSE BEARING AND LEVELING PLATES
A. Provide loose bearing and leveling plates for steel items bearing on concrete
construction. Drill plates to receive anchor bolts and for grouting.
B. Galvanize plates after fabrication in accordance with ASTM A123.
2.08 STEEL WELD PLATES AND ANGLES
A. Provide steel weld plates and angles not specified in other sections, for items
supported from concrete construction as needed to complete the work. Provide
each unit with not less than two integrally welded steel strap anchors for
embedding in concrete.
2.09 GRATINGS
A. Open grating of a design, material thickness and strength to support all dead
loads plus a uniform live load as indicated on the contract drawings, with a
maximum of '/4-inch deflection at 100 psf live load. Minimum grating thickness
shall as required by the design engineer.
B. Grating shall be of the aluminum swage locked type with serrated bars for
maximum slip resistance as manufactured by McNichols Co. or approved equal.
C. Anchor angle frames to the supporting construction. Fabricate grating in
convenient lengths for handling. Band grating along entire perimeter and at
holes or other openings.
2.10 ABRASIVE METAL NOSINGS, TREADS AND THRESHOLDS
A. Cast-Metal Units: Cast gray iron, Class 20, with an integral abrasive finish
consisting of aluminum oxide, silicon carbide, or a combination of both.
Fabricate units in sizes and configurations indicated and in lengths necessary to
accurately fit openings or conditions.
1. Available Manufacturers:
a. American Safety Tread Co., Inc.,
b. Balco Inc.,
c. Barry Pattern & Foundry Co., Inc.,
d. Granite State Casting Co.,
e. Safe-T-Metal Co.,
f. Or Equal.
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2. Nosings: Cross-hatched units, 4 inches wide with 1-inch lip, for casting
into concrete steps.
3. Nosings: Cross-hatched units, 1'/2 by 1'/2 inches, for casting into concrete
curbs.
4. Treads: Cross-hatched units, full depth of tread with 3/4 by-3/4-inch nosing,
for application over bent plate treads or existing stairs.
5. Thresholds: Fluted-saddle-type units, 5 inches wide by 1/2-inch high, with
tapered edges.
6. Thresholds: Fluted-interlocking- (hook-strip-) type units, 5 inches wide by
%-inch high, with tapered edge.
7. Thresholds: Plain-stepped- (stop-) type units, 5 inches wide by 1/2-inch
high, with 1/2-inch step.
B. Provide anchors for embedding units in concrete, either integral or applied to
units, as standard with manufacturer.
C. Drill for mechanical anchors and countersink. Locate not more than 4 inches
from ends and not more than 12 inches o.c., evenly spaced between ends,
unless otherwise indicated. Provide closer spacing if recommended by
manufacturer.
1. Provide 2 rows of holes for units more than 5 inches wide, with 2 holes
aligned at ends and intermediate holes staggered.
D. Apply bituminous paint to concealed bottoms, sides, and edges of cast-metal
units set into concrete.
E. Apply clear lacquer to concealed bottoms, sides, and edges of extruded units set
into concrete.
2.11 RAILING
A. Railing:
The pipe handrail shall be constructed with mechanically fastened, flush-fit
INTERNA-RAIL aluminum fitting system as regularly manufactured by Hollaender
Manufacturing Co. or an approved equal. The fittings shall be internally
connected to the pipe by means of an internal double tang, expanded by an
austenitic 302 alloy stainless steel, internal, reverse knurl, cup point, hexagon
socket set screw. Pop rivets, sheet metal screws and adhesives shall not be
acceptable. The fittings shall be machined of austenitic stainless steel bar stock
of 302 alloy conforming to ASTM A582, or machined castings of high tensile
aluminum-magnesium alloy 535.0 manufactured in compliance with ASTM B26,
cast from high-purity ingot 535.2 conforming to ASTM B179. Flanges shall be
sand cast from high-tensile aluminum-magnesium alloy 535.0 and fastened
directly to the pipe by means of an external, reverse knurl, cup point, hexagon
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Chapel Ridge WTP
Influent Screening Improvements
June 2022
socket set screw.
B. Railing shall be a two rail system designed to meet OSHA standards. Provide
additional intermediate rails where indicated on the drawings. Unless otherwise
noted on the drawings, the centerline of top rail shall be 3'-6" above walking
surface and the centerline of second rail shall be installed at mid-height. Top
railing for stairs shall not be more than 34" and not less than 30" above tread.
Provide minimum 3" clearance on single pipe stairway handrails supported on
brackets from a wall.
C. Post spacing shall be adequate to meet loading requirements but shall not
exceed 6'-0" o.c.
D. The top surface of the top railing shall be smooth and shall not be interrupted by
projecting fittings.
E. Provide removable stainless steel chains with snap hooks where indicated.
F. Provide for expansion and contraction in the railing. Expansion joints must align
with those in the structure to which the handrail is attached. Post spacing shall
be located 1'-0" maximum to the right or left of expansion and contraction joints.
G. Railings shall be capable of withstanding a concentrated load of at least 200
pounds applied in any direction at any point on the rail.
H. Handrail post shall be base flange mounted as noted on the drawings. Stringer
connections shall be as detailed on drawings.
I. Removable Setting: Railing shall be set in close-fitting sleeves, bolted to sides of
concrete walkways or aluminum walkway support structure.
J. Permanent setting in concrete shall have posts set in sleeves and set in non-
shrink grout.
K. Finish
Aluminum: Clear satin anodized, 0.7 mil thickness, AA-M21C22A41. Ship the
railing plastic wrapped. Remove plastic wrap after erection.
2.12 METAL STAIRS
A. Metal stairs will be steel.
B. Fabricate metal stairways, including stringers, stair treads, handrails, landing
decks and fasteners, as indicated on the drawings.
C. Shop fabricated welded or bolted installation; bolted stair treads; field cutting or
burning not permitted; bolt holes drilled or punched; draw bolts tight, not
protruding more than 1 thread, cut off and file smooth. All bolts and fasteners
shall be stainless steel.
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June 2022
D. All grating edges shall be banded.
E. Provide metal riser plate welded to grating tread, unless indicated otherwise.
Riser plate material shall match material used for fabrication of stair system.
2.13 TOE BOARDS
A. Provide toe boards a minimum of 4" high at the following locations:
1. At all overhead walking surfaces.
2. Where indicated on the drawings.
B. Toe boards shall be minimum 4" high extruded aluminum and attached to the
posts with clamps or brackets which allow for lateral movement due to expansion
and contraction between posts. Toe boards shall be set '/4-inch above the
walking surface. Notch toe boards as required at post base plates.
C. Where toe board sections terminate, splice toe board sections using a minimum
4" long bracket. The splice connection shall be a snap fit to allow expansion and
contraction. Bolt, rivet, etc. type fasteners at the splice shall not be permitted.
Provide a gap between the adjoining toe board sections at the splice of the
dimension recommended by the manufacturer for the installation temperature.
2.14 STEEL AND IRON FINISHES
A. Galvanizing: Hot-dip galvanize items as indicated to comply with applicable
standard listed below:
1. ASTM A123, for galvanizing steel and iron products.
2. ASTM A153, for galvanizing steel and iron hardware.
B. Preparation for Shop Priming: Prepare uncoated ferrous-metal surfaces to
comply with minimum requirements indicated below for SSPC surface
preparation specifications and environmental exposure conditions of installed
metal fabrications:
1. Exteriors (SSPC Zone 1B) and Items Indicated to Receive Zinc-Rich
Primer: SSPC-SP 6/NACE No. 3, "Commercial Blast Cleaning."
2. Interiors (SSPC Zone 1A): SSPC-SP 3, "Power Tool Cleaning."
C. Shop Priming: Apply shop primer to uncoated surfaces of metal fabrications,
except those with galvanized finishes and those to be embedded in concrete or
masonry, unless otherwise indicated. Comply with SSPC-PA 1, "Paint
Application Specification No. 1: Shop, Field, and Maintenance Painting of Steel,"
for shop painting. Stripe paint corners, crevices, bolts, welds, and sharp edges.
PART 3 - EXECUTION
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Influent Screening Improvements
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3.01 INSTALLATION, GENERAL
A. Cutting, Fitting, and Placement: Perform cutting, drilling and fitting required for
installing metal fabrications. Set metal fabrications accurately in location,
alignment, and elevation; with edges and surfaces level, plumb, true, and free of
rack; and measured from established lines and levels.
B. Fit exposed connections accurately together to form hairline joints. Weld
connections that are not to be left as exposed joints but cannot be shop welded
because of shipping size limitations. Do not weld, cut, or abrade surfaces of
units that have been hot-dip galvanized after fabrication and are for bolted or
screwed field connections.
C. Field Welding: Comply with the following requirements:
1. Use material and methods that minimize distortion and develop strength
and corrosion resistance of base metals.
2. Obtain fusion without undercut or overlap.
3. Remove welding flux immediately.
4. At exposed connections, finish exposed welds and surfaces smooth and
blended so no roughness shows after finishing and contour of welded
surface matches that of adjacent surface.
D. Fastening to In-Place Construction: Provide anchorage devices and fasteners
where metal fabrications are required to be fastened to in-place construction.
Provide threaded fasteners for use with concrete and masonry inserts, toggle
bolts, through bolts, lag bolts, wood screws, and other connectors.
E. Provide temporary bracing or anchors in formwork for items that are to be built
into concrete, masonry, or similar construction.
F. Corrosion Protection: Coat concealed surfaces of aluminum that will come into
contact with grout, concrete, masonry, wood, or dissimilar metals with a heavy
coat of bituminous paint.
3.02 INSTALLING MISCELLANEOUS FRAMING AND SUPPORTS
A. General: Install framing and supports to comply with requirements of items being
supported, including manufacturers' written instructions and requirements
indicated on shop drawings.
B. Foundation shall be installed in accordance with the design performed by the
Contractor's engineer.
3.03 INSTALLING BEARING AND LEVELING PLATES
A. Clean concrete bearing surfaces of bond-reducing materials and roughen to
improve bond to surfaces. Clean bottom surface of plates.
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Chapel Ridge WTP
Influent Screening Improvements
June 2022
B. Set bearing and leveling plates on wedges, shims, or leveling nuts. After bearing
members have been positioned and plumbed, tighten anchor bolts. Do not
remove wedges or shims but, if protruding, cut off flush with edge of bearing
plate before packing with grout.
1. Use non-shrink grout.
2. Pack grout solidly between bearing surfaces and plates to ensure that no
voids remain.
3.04 INSTALLING NOSINGS, TREADS, AND THRESHOLDS
A. Center nosings on tread widths.
B. For nosings embedded in concrete steps or curbs, align nosings flush with riser
faces and level with tread surfaces.
3.05 RAILING AND WALL BRACKETS
A. Removable Setting: Railings shall be set in close-fitting sleeves; sleeves set in
concrete; sleeves shall be 1" less in length than thickness of concrete. Weld 3"
flanges to posts at floor level.
B. Bolted Setting: Base plate shall be welded to bottom of posts and bolted to floor
with expansion type fasteners.
3.06 STAIRS
A. Connections
1. Provide welded connections wherever possible.
2. Where bolted or riveted connections are used, draw connections tight; cut
off or grind excess smooth.
3. Make all connections tight.
B. Make all joints true and tight.
C. Install metal stair in accordance with the manufacturer's recommendations and
approved shop drawings.
D. Install components plumb and level, accurately fitted, free from distortion or
defects.
E. Securely bolt or anchor, plates, angles, hangers, and struts required for
connecting stairs to structure.
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Chapel Ridge WTP
Influent Screening Improvements
June 2022
F. Provided welded field joints where specifically indicated or shop drawings.
Perform field welding in accordance with the appropriate AWS Specification.
G. Obtain written approval prior to site cutting or creating adjustments not
scheduled.
3.07 CONNECTIONS
A. Unless otherwise specified, all shop connections shall be welded or bolted;
framing connections made in field shall be made with high strength galvanized
steel bolts; other connections may be made by any of the above methods (using
stainless steel) or with standard strength stainless steel bolts.
B. All connections shall develop strength required for members involved; in no case
less than AISC standard.
C. Provide lugs, clips, connections, rivets, bolts, necessary for complete fabrication,
erection; bolts remaining in finished, exposed work shall be hexagon head bolts
with hexagon nuts; bolts shall be of proper length to permit full thread in nut, but
not project more than '/4-inch beyond face of nut. Rivets, both shop and field,
power driven; shall provide 100 lbs. per sq. in. at hammer minimum.
D. High Strength Stainless Steel Bolts: Furnish and install in accordance with
Research Council or "Riveted and Bolted Structural Joints Using High Tensile
Stainless Steel Bolts", latest edition.
3.08 ADJUSTING AND CLEANING
A. Touchup Painting: Immediately after erection, clean field welds, bolted
connections, and abraded areas. Paint uncoated and abraded areas with the
same material as used for shop painting to comply with SSPC-PA 1 for touching
up shop-painted surfaces.
1. Apply by brush or spray to provide a minimum 2-mil dry film thickness.
B. Touchup Painting: Clean and touchup paint field welds, bolted connections, and
abraded areas of shop paint in accordance with Section 09900.
C. Galvanized Surfaces: Clean field welds, bolted connections, and abraded areas
and repair galvanizing to comply with ASTM A780.
3.09 BURNING AND WELDING
A. Burning: Burning of holes in the field shall not be permitted without written
approval by the Engineer; if approval is given, burned members shall be finished
to an appearance equal to sheared finish; burning shapes to length with standard
flame-cutting machine will be permitted.
B. Perform both shop and field welding in accordance with recommendations of
American Welding Society. Welds shall be solid and homogeneously a part of
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Chapel Ridge WTP
Influent Screening Improvements
June 2022
metals joined, free from pits or incorporated slag or scale; surfaces of welds shall
be smooth and regular, of full area indicated or necessary to develop required
strength of joint.
3.10 DRILLED-IN ANCHORS
A. Drill holes with rotary impact hammer drills using carbide-tipped bits, hollow drill
bit system, or core drills using diamond core bits. Drill bits shall be of diameters
as specified by the anchor manufacturer. Unless otherwise shown on the
Contract Drawings, all holes shall be drilled perpendicular to the concrete
surface.
1. Cored Holes: Where anchors are permitted to be installed in cored holes,
use core bits with matched tolerances as specified by the manufacturer.
Properly clean cored holes per manufacturer's instructions.
2. Embedded Items: Contractor shall identify position of reinforcing steel
and other embedded items prior to drilling holes for anchors. Exercise
care in coring or drilling to avoid damaging existing reinforcing or
embedded items. Notify the Engineer if reinforcing steel or other
embedded items are encountered during drilling.
B. Perform anchor installation in accordance with manufacturer's written
instructions.
C. Wedge Anchors: Protect threads from damage during anchor installation. Set
anchors to manufacturer's recommended torque, using a torque wrench.
Following attainment of 10% of the specified torque, 100% of the specified torque
shall be reached within 7 or fewer complete turns of the nut. If the specified
torque is not achieved within the required number of turns, the anchor shall be
removed and replaced unless otherwise directed by the Engineer.
D. Cartridge Injection Adhesive Anchors: Clean all holes per manufacturer
instructions to remove loose material and drilling dust prior to installation of
adhesive. Inject adhesive into holes proceeding from the bottom of the hole and
progressing toward the surface in such a manner as to avoid introduction of air
pockets in the adhesive. Follow the manufacturer recommendations to ensure
proper mixing of adhesive components. Sufficient adhesive shall be injected in
the hole to ensure that the annular gap is filled to the surface. Remove excess
adhesive from the surface. Shim anchors with suitable device to center the
anchor in the hole. Do not disturb or load anchors before manufacturer specified
cure time has elapsed.
E. Capsule Anchors: Perform drilling and setting operations in accordance with
manufacturer instructions. Clean all holes to remove loose material and drilling
dust prior to installation of adhesive. Remove water from drilled holes in such a
manner as to achieve a surface dry condition. Capsule anchors shall be installed
with equipment conforming to manufacturer recommendations. Do not disturb or
load anchors before manufacturer specified cure time has elapsed.
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Chapel Ridge WTP
Influent Screening Improvements
June 2022
F. Observe manufacturer recommendations with respect to installation
temperatures for cartridge injection adhesive anchors and capsule anchors.
3.11 FIELD QUALITY CONTROL
A. Inspections shall be completed to see that all workmanship are in first class
condition and acceptable to the Engineer and Owner.
B. The treads and platforms shall be tested for the full specified load without
excessive deflection.
END OF SECTION
XXXX-16

40,09(
ROY COOPER.
MICHAEL S, RECAP
S. DANIEL SMITH N P-D..i CAROLINA
Ditce tor Environmental Quality
July 31, 2020
MICHAEL A.MELTON—ENGINEERING MANAGER
AQUA NORTH CAROLINA,INC.
202 MACKENAN DRIVE
CARY,NORTH CAROLINA 27511
Subject: Permit No. WQ0022870
Chapel Ridge WWTP
Reclaimed Water Generation and
Dedicated Utilization System
Chatham County
Dear Mr. Melton:
In accordance with your permit minor modification request received June 22, 2020, we are
forwarding herewith Permit No. WQ0022870 dated July 31, 2020, to Aqua North Carolina, Inc. for the
continued operation of the subject reclaimed water generation and dedicated utilization facilities, as well as
the construction and operation of treatment facility and irrigation system modifications.
The following modifications to the subject permit are as follows: Construction and operation of
two 5 horsepower(hp) floating aerators in close proximity to the irrigation intake pipe.
This permit shall be effective from the date of issuance through February 28, 2025, shall void
Permit No.WQ0022870 issued April 18,2019,and shall be subject to the conditions and limitations therein.
The Permittee shall submit a renewal application no later than September 1, 2024.
Please pay attention to the monitoring requirements listed Attachments A, B, and C for they may
differ from the previous permit issuance. Failure to establish an adequate system for collecting and
maintaining the required operational information shall result in future compliance problems.
The Division has removed the following permit conditions since the last permit issuance dated
April 18,2019:
➢ Old Conditions IV.9. and IV.10. — These conditions have been combined into the new
Condition IV.7.
The following permit conditions are new since the last permit issuance dated April 18,2019:
➢ Condition IL7. —This condition replaces Old Condition II.7.a.
➢ Condition IL9.—This condition replaces Old Condition II.7.c.
➢ Condition II.10.—This condition replaces Old Condition II.7.d.
➢ Condition III.18. —Metering equipment shall be tested and calibrated annually.
ffl�pl 1� North Carolina Department IA Envirurumenta0 Qual ty Division of Water Resowces
11 � a
� "�@'�rartR�ro Salisbury ( tFxti'Maul Service Center ����a°icy@7,North f'��brealiana'�E'64 f.1t,r/
ri ni r ina�
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Mr. Michael A. Melton
July 31,2020
Page 2 of 2
➢ Condition IIL20. —Continuous online monitoring and recording for turbidity or particle count
and flow shall be provided prior to storage, distribution, or utilization of reclaimed water.
If any parts, requirements, or limitations contained in this permit are unacceptable, the Pennittee
has the right to request an adjudicatory hearing upon written request within 30 days following receipt of
this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North
Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service
Center, Raleigh,NC 27699-6714. Otherwise, this permit shall be final and binding.
One set of approved plans and specifications is being forwarded to you. If you need additional
information concerning this permit, please contact Erick Saunders at (919) 707-3659 or
[e-mail].
Sincerely,
S. Daniel Smith, Director
° Division of Water Resources
cc: Chatham County Health Department(Electronic Copy)
Raleigh Regional Office, Water Quality Regional Operations Section (Electronic Copy)
John F.Phillips,PE—Diehl&Phillips,P.A. (Electronic Copy)
Laserfiche File (Electronic Copy)
Digital Permit Archive (Electronic Copy)

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENTAL QUALITY
RALEIGH
RECLAIMED WATER GENERATION AND DEDICATED UTILIZATION SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as
amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Aqua North Carolina, Inc.
Chatham County
FOR THE
operation of a 500,000 gallon per day (GPD) reclaimed water generation and dedicated utilization facility
consisting of the:
construction and operation of two 5 horsepower(hp) floating aerators in the effluent storage pond near the
vicinity of the irrigation intake pipe; and all associated piping,valves, controls, and appurtenances; the
construction and operation of: approximately 216 acres of non-conjunctive reclaimed water utilization area
divided into 149 acres of primary low spray areas (PLSA), 50 acres of primary high spray areas (PHSA),
and 17 acres of secondary spray areas(SSA);and all associated piping,valves,controls,and appurtenances;
the
continued operation of a 500,000 gallon per day(GPD) reclaimed water generation system consisting of: a
manually cleaned bar screen; a 165,900 gallon equalization basin with a 15 hp aerator; a flow splitter box;
two 370,200 gallon aeration basins each with two 15 hp aerators; two 63,000 gallon clarifiers each with
two air lift pumps; a 130,800 sludge holding basin with two 10 hp aerators, and a variable water level air
lift pump;four 100 square foot(ft2)tertiary filters; a 32,600 gallon clearwell with four 750 gallon per minute
(GPM) pumps; a 38,200 gallon mudwell with two 200 GPM pumps; a 25,100 gallon chlorine contact
chamber with two variable speed pumps; two ultraviolet (UV) disinfections systems each with 20 lamps;
an optional-use 23,800 gallon dechlorination chamber; an ultrasonic effluent flow measuring device; an
effluent composite sampler; continuous effluent turbidity monitoring and recording; a permanent standby
generator with automatic transfer switch capable of powering all essential wastewater treatment units; a
2,860,825 gallon clay-lined 5-day upset pond with a pump station containing two 200 GPM pumps, and all
associated piping,valves, controls, and appurtenances; and the
continued operation of a non-conjunctive reclaimed water utilization system consisting of: a 42,839,747
gallon clay-lined irrigation storage pond; a 7,300 gallon irrigation pump tank with three 600 GPM pumps;
a 212 acre spray irrigation area consisting of common and golf course areas pursuant to an Effluent
Easement and Irrigation Agreement between the Peiuiittee and Jordan Lake Preserve Corporation; and all
associated piping,valves, controls, and appurtenances
WQ0022870 Version 3.1 Shell Version 200201 Page 1 of 12

to serve the Chapel Ridge WWTP,with no discharge of wastes to surface waters,pursuant to the application
received June 22, 2020, and in conformity with the Division-approved plans and specifications considered
a part of this permit.
This permit shall be effective from the date of issuance through February 28, 2025, shall void Permit No.
WQ0022870 issued March 18, 2019, and shall be subject to the following conditions and limitations:
SCHEDULES
1. Upon completion of construction and prior to operation of the permitted modifications, the Pennittee
shall submit an engineering certification from a North Carolina licensed Professional Engineer
certifying that the permitted modifications have been constructed in accordance with G.S. 143-215.1,
Administrative Code Title 15A Subchapter 02U, this permit, and the Division-approved plans and
specifications. For phased and partially certified facilities, the Permittee shall retain the responsibility
to track further construction approved under this permit, and shall provide a final engineering
certification upon project completion. Mail the Engineering Certification to the Division of Water
Resources, Non-Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or Non-
[e-mail]. [15A NCAC 02T .0116(a)]
2. The Pennittee shall notify the Raleigh Regional Office, telephone number(919) 791-4200, at least two
business days in advance of initial operation of any constructed facilities so that the Division can
conduct a startup inspection. [15A NCAC 02T .0108(b)(1)(B)]
3. The Pennittee shall request renewal of this permit on Division-approved fonus no later than September
1, 2024. [15A NCAC 02T .0105(b), 02T .0109]
IL PERFORMANCE STANDARDS
1. The Pennittee shall maintain and operate the subject reclaimed water facilities so there is no discharge
to surface waters, nor any contravention of groundwater or surface water standards. In the event the
facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper
operation and maintenance, the Pennittee shall take immediate corrective actions, including Division
required actions, such as the construction of additional or replacement reclaimed water generation and
utilization facilities. [15A NCAC 02T .0108(b)(1)(A)]
2. This permit shall not relieve the Pennittee of their responsibility for damages to groundwater or surface
water resulting from the operation of this facility. [15A NCAC 02T .0108(b)(1)(A)]
3. Groundwater monitoring wells shall be constructed in accordance with 15A NCAC 02C .0108
(Standards of Construction for Wells Other than Water Supply), and any other jurisdictional laws and
regulations pertaining to well construction. [15A NCAC 02C .0108]
4. Effluent limitations for generated reclaimed water shall not exceed those specified in Attachment A.
[15A NCAC 02U .0301]
5. Application rates shall not exceed those specified in Attachment B. [15A NCAC 02U .0401(g)]
6. The Pei ittee shall connect the irrigation system to a rain or moisture sensor designed to prevent
irrigation during precipitation events or wet conditions. [15A NCAC 02U .0401(k)]
7. All reclaimed water valves, storage facilities, and outlets shall be tagged or labeled to warn the public
or employees that the water is not intended for drinking. [15A NCAC 02U .0403(b)]
WQ0022870 Version 3.1 Shell Version 200201 Page 2 of 12

8. All reclaimed water piping, valves, outlets, and other appurtenances shall be color-coded, taped, or
otherwise marked to identify the source of the water as being reclaimed water as follows:
a. All reclaimed water piping and appurtenances shall be either colored purple (Pantone 522 or
equivalent) and embossed or integrally stamped or marked "CAUTION: RECLAIMED WATER-
DO NOT DRINK" or be installed with a purple (Pantone 522 or equivalent) identification tape or
polyethylene vinyl wrap. The warning shall be stamped on opposite sides of the pipe and repeated
every three feet or less;
b. Identification tape shall be at least three inches wide and have white or black lettering on purple
(Pantone 522 or equivalent) field stating "CAUTION: RECLAIMED WATER - DO NOT
DRINK". Identification tape shall be installed on top of reclaimed water pipelines,fastened at least
every 10 feet to each pipe length and run continuously the entire length of the pipe; and
c. Existing underground distribution systems retrofitted for the purpose of conveying reclaimed water
shall be taped or otherwise identified as noted in IL8.a. and IL8.b. This identification need not
extend the entire length of the distribution system but shall be incorporated within 10 feet of
crossing any potable water supply line or sanitary sewer line.
[15A NCAC 02U .0403(c)]
9. All reclaimed water valves and outlets shall be of a type, or secured in a manner,that peiiuits operation
by personnel authorized by the entity that operates the reclaimed water system. [15A NCAC 02U
.0403(d)]
10. Hose bibs shall be located in locked,below grade vaults that shall be labeled as being of non-potable
quality. As an alternative to the use of locked vaults with standard hose bib services, other locking
mechanisms such as hose bibs that can only be operated by a tool may be placed above ground and
labeled as non-potable water. [15A NCAC 02U .0403(e)]
11. There shall be no direct cross-connections between the reclaimed water and potable water systems,
unless such connection has been approved by the Department pursuant to 15A NCAC 18C.0406. [15A
NCAC 02U .0403(f)]
12. Reclaimed water distribution lines shall be located at least 5 feet horizontally from and 18 inches below
any water line if practicable. If these separation distances cannot be met,the piping and integrity testing
procedures shall meet water main standards in accordance with 15A NCAC 18C. [15A NCAC 02U
.0403(g), 02U .0403(h)]
13. Reclaimed water distribution lines shall not be less than 50 feet from a well unless the piping and
integrity testing procedures meet water main standards in accordance with 15A NCAC 18C,but in no
case shall they be less than 25 feet from a private well. [15A NCAC 02U .0403(g), 02U .0403(i)]
14. Reclaimed water distribution lines shall meet the separation distances to sewer lines in accordance with
15A NCAC 02T .0305. [15A NCAC 02U .0403(g), 02U .0403(j)]
15. Reclaimed water irrigation fields peiiuitted prior to September 1, 2006 have compliance and review
boundaries established at the property boundary. Any exceedance of groundwater standards at or
beyond the compliance boundary shall require corrective action. Division-approved relocation of the
compliance boundary shall be noted in Attachment B. Multiple contiguous properties under common
ownership and permitted for use as a disposal system shall be treated as a single property with regard
to deteiiuination of a compliance boundary. [15A NCAC 02L .0106, 02T .0105(h), 02H
.0219(k)(1)(C)(i)(III), G.S. 143-215.1(i), G.S. 143-215.1(k)]
16. The Peiuiittee shall apply for a permit modification to establish a new compliance boundary prior to
any sale or transfer of property affecting a compliance boundary(i.e.,parcel subdivision). [15A NCAC
02L .0107(c)]
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17. No wells, excluding Division-approved monitoring wells, shall be constructed within the compliance
boundary except as provided for in 15A NCAC 02L .0107(g). [15A NCAC 02L .0107]
18. Except as provided for in 15A NCAC 02L .0107(g), the Pennittee shall ensure any landowner who is
not the Pennittee and owns land within the compliance boundary shall execute and file with the
Chatham County Register of Deeds an easement running with the land containing the following items:
a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1);
b. Prohibits construction and operation of water supply wells within the compliance boundary; and
c. Reserves the right of the Perruittee or the State to enter the property within the compliance boundary
for purposes related to the permit.
The Director may terminate the easement when its purpose has been fulfilled or is no longer needed.
[15A NCAC 02L .0107(f)]
19. The facilities herein were permitted per the following setbacks:
a. The reclaimed water irrigation sites were modified November 29, 2004. The setbacks for spray
irrigation sites originally permitted or modified from June 1, 1996 to August 31,2006 are as follows
(all distances in feet):
i. Surface waters classified SA: 100
ii. Surface waters not classified SA: 25
iii. Each water supply well: 100
iv. Each non-potable well: 10
v. Each swimming pool: 25
[15A NCAC 02H .0219(k)(1)(C)(i)]
b. The storage and treatment units were modified November 29, 2004. The setbacks for storage and
treatment units originally permitted or modified from June 1, 1996 to August 31, 2006 are as
follows (all distances in feet):
i. Each habitable residence or place of assembly under separate ownership: 100 1
ii. Each private or public water supply source: 100
iii. Surface waters: 50
iv. Each well with exception of monitoring wells: 100
v. Each property line: 50 2
vi. Nitrification field: 20
Habitable residences or places of assembly under separate ownership constructed after the
facilities herein were originally permitted or subsequently modified are exempt from this
setback.
2 Setbacks to property lines are not applicable when the Pennittee, or the entity from which the
Pennittee is leasing, owns both parcels separated by the property line.
[15A NCAC 02H .0219(j)(5)]
20. The irrigation area soils contain high amounts of salt and clay, and are susceptible to compaction when
wet. The Pennittee shall prohibit activities within the irrigation areas that compact the soils. [15A
NCAC 02T .0108(b)(i)(A)]
21. Portions of the irrigation area contain soils that have a seasonal high water table that is within one foot
of the soil surface. The Pennittee shall monitor water table depth in these areas to ensure that reclaimed
water is not irrigated when the vertical separation between the ground surface and the seasonal high
water table is less than one foot. [15A NCAC 02T .0108(b)(1)(A)]
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III. OPERATION AND MAINTENANCE REQUIREMENTS
1. The Pennittee shall operate and maintain the subject facilities as a non-discharge system. [15A NCAC
02U .0101]
2. The Pennittee shall maintain an Operation and Maintenance Plan, which shall include:
a. A description of the operation of the system in detail to show what operations are necessary for the
system to function and by whom the operations are to be conducted;
b. A description of anticipated maintenance of the system;
c. Provisions for safety measures, including restriction of access to the site and equipment; and
d. Spill control provisions that include response to upsets and bypasses, including control,
containment, and remediation, and contact infoiiiiation for personnel, emergency responders, and
regulatory agencies;
[15A NCAC 02U .0801(a)]
3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC)
classification of the subject non-discharge facilities,the Pennittee shall designate and employ a certified
operator in responsible charge(ORC), and one or more certified operators as back-up ORCs. The ORC
or their back-up shall operate and visit the facilities as required by the WPCSOCC. [15A NCAC 02T
.0117]
4. An operator certified by the Water Pollution Control System Operators Certification Commission
(WPCSOCC) of a grade equivalent or greater than the facility classification shall be on call 24 hours
per day. [15A NCAC 02U .0401(e)]
5. The Peiiuittee shall maintain vegetative cover on the irrigation sites, such that crop health is optimal,
allows even effluent distribution, and allows inspection of the irrigation system. [15A NCAC 02U
.0801(b)]
6. The Peiiuittee shall take measures to prevent effluent ponding in or runoff from the irrigation sites
listed in Attachment B. [15A NCAC 02U .0801(c)]
7. The Peiiuittee shall not irrigate treated effluent during inclement weather, or when the soil is in a
condition that will cause ponding or runoff. [15A NCAC 02U .0401(k)]
8. Irrigation equipment shall be tested and calibrated once per peiiuit cycle. [15A NCAC 02U .0801(d)]
9. Only reclaimed water generated from the Chapel Ridge WWTP shall be irrigated on the sites listed in
Attachment B. [15A NCAC 02U .0101]
10. The Pennittee shall not allow vehicles or heavy machinery on the irrigation area, except during
equipment installation or maintenance activities. [15A NCAC 02U .0801(e)]
11. The Pennittee shall prohibit public access to the wastewater treatment and storage facilities. [15A
NCAC 02U .0402(e)]
12. Public access to reclaimed water utilization sites shall be controlled during active site use. Such
controls may include the posting of signs showing the activities being conducted at each site. [15A
NCAC 02U .0501(a)(2)]
13. The Pennittee shall dispose or utilize generated residuals in a Division-approved manner. [15A NCAC
02T .1100, 02U .0802].
14. The Peiiuittee shall not divert or bypass untreated or partially treated reclaimed water from the subject
facilities. [15A NCAC 02U .0402(g)]
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15. Freeboard in the 42,839,747 gallon clay-lined irrigation storage pond and the 2,860,825 gallon clay-
lined five day upset pond shall not be less than two feet at any time. [15A NCAC 02U .0401(h)]
16. Gauges to monitor water levels in the 42,839,747 gallon clay-lined irrigation storage pond and the
2,860,825 gallon clay-lined five day upset pond shall be provided. These gauges shall have readily
visible permanent markings, at inch or tenth of a foot increments, indicating the following elevations:
maximum liquid level at the top of the temporary liquid storage volume; minimum liquid level at the
bottom of the temporary liquid storage volume; and the lowest point on top of the dam. [15A NCAC
02U .0801(f)]
17. A protective vegetative cover shall be established and maintained on all beiius, pipe runs, erosion
control areas, surface water diversions, and earthen embankments (i.e., outside toe of embankment to
maximum allowable temporary storage elevation on the inside of the embankment). Trees, shrubs, and
other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen
embankments shall be kept mowed or otherwise controlled and accessible. [15A NCAC 02U .0801(g)]
18. Metering equipment shall be tested and calibrated annually. [15A NCAC 02U .0801(d)]
19. An automatically activated standby power source capable of powering all essential treatment units shall
be on site and operational at all times. If a generator is employed as an alternate power supply,it shall
be tested weekly by interrupting the primary power source. [15A NCAC 02U .0401(d)]
20. Continuous online monitoring and recording for turbidity or particle count and flow shall be provided
prior to storage, distribution, or utilization of reclaimed water. [15A NCAC 02U .0401(b)]
21. If turbidity exceeds 10 NTUs or if the permitted pathogen levels cannot be met, all effluent shall be
routed to the five day upset pond until the problems associated with the reclaimed water generation
system have been corrected. The water in the five day upset pond shall be pumped back to the treatment
plant headworks for re-treatment or treated in the five day upset pond prior to utilization. [15A NCAC
02U .0402(d)]
22. The Permittee shall provide notification to the public and its employees about the use of reclaimed
water, and that reclaimed water is not intended for drinking. Such notification shall be provided to
employees in a language they can understand. [15A NCAC 02U .0501(a)(2)]
23. The Peiiuittee shall develop and implement an education program to infoiui users and its employees
about the proper use of reclaimed water. Educational material shall be provided to all residents and/or
other facilities provided with reclaimed water, and these materials shall be maintained consistent with
the reclaimed water uses. All educational materials shall be made available to the Division upon
request. [15A NCAC 02U .0501(a)(4)]
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IV. MONITORING AND REPORTING REQUIREMENTS
1. The Permittee shall conduct and report any Division required monitoring necessary to evaluate this
facility's impact on groundwater and surface water. [15A NCAC 02T .0108(c)]
2. A Division-certified laboratory shall conduct all analyses for the required effluent, groundwater, and
surface water parameters. [15A NCAC 02H .0800]
3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be
reported on Form NDMR. Facilities with a permitted flow less than 10,000 GPD may estimate their
flow from water usage records provided the water source is metered. [15A NCAC 02T .0105(k), 02T
.0108(c)]
4. The Peiiuittee shall monitor the generated reclaimed water at the frequencies and locations for the
parameters specified in Attachment A. [15A NCAC 02T .0108(c)]
5. The Pennittee shall maintain records tracking the amount of reclaimed water irrigated. These records
shall include the following information for each irrigation site listed in Attachment B:
a. Date of irrigation;
b. Volume of reclaimed water irrigated;
c. Site irrigated;
d. Length of time site is irrigated;
e. Continuous weekly, monthly, and year-to-date hydraulic(inches/acre) loadings;
f. Continuous monthly and year-to-date loadings for any non-hydraulic parameter specifically
limited in Attachment B;
g. Weather conditions; and
h. Maintenance of cover crops.
[15A NCAC 02T .0108(c)]
6. Freeboard (i.e., water level to the lowest embankment elevation) in the 42,839,747 gallon clay-lined
irrigation storage pond and the 2,860,825 gallon clay-lined five day upset pond shall be measured to
the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall be maintained
for five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(c)]
7. Three copies of all monitoring data (as specified in Conditions IV.3. and IV.4.) on Forma NDMR for
each PPI and three copies of all operation and disposal records (as specified in Conditions IV.5. and
IV.6.) on Foiui NDAR-1 for every site in Attachment B shall be submitted on or before the last day of
the following month. If no activities occurred during the monitoring month,monitoring reports are still
required documenting the absence of the activity. All information shall be submitted to the following
address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
[15A NCAC 02T .0105(1)]
WQ0022870 Version 3.1 Shell Version 200201 Page 7 of 12

8. The Peiiuittee shall maintain a record of all residuals removed from this facility. This record shall be
maintained for five years, and shall be made available to the Division upon request. This record shall
include:
a. Name of the residuals hauler;
b. Non-Discharge permit number authorizing the residuals disposal, or a letter from a municipality
agreeing to accept the residuals;
c. Date the residuals were hauled; and
d. Volume of residuals removed.
[15A NCAC 02U .0802(b)]
9. A maintenance log shall be kept at this facility. This log shall be maintained for five years, and shall
be made available to the Division upon request. This log shall include:
a. Date of flow measurement device calibration;
b. Date of irrigation equipment calibration;
c. Date of turbidimeter calibration;
d. Date and results of power interruption testing on alternate power supply;
e. Visual observations of the plant and plant site; and
f. Record of preventative maintenance(e.g., changing of equipment,adjustments,testing,inspections
and cleanings, etc.); and
g. Record of all discharges of reclaimed water to surface waters or the land surface, including the date
of occurrence, estimated volume, and corrective action taken.
[15A NCAC 02U .0801(h)]
10. Monitoring wells MW-1,MW-2, and MW-3 shall be sampled at the frequencies and for the parameters
specified in Attachment C. All mapping, well construction foiius, well abandonment forms and
monitoring data shall refer to the peiiuit number and the well nomenclature as provided in Attachment
C and Figure 1. [15A NCAC 02T .0105(m)]
11. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance
Monitoring Foiiu (GW-59), along with attached copies of laboratory analyses, on or before the last
working day of the month following the sampling month. The Compliance Monitoring Foiiu(GW-59)
shall include this permit number, the appropriate well identification number, and one GW-59a
certification foiiii shall be submitted with each set of sampling results. All information shall be
submitted to the following address:
Division of Water Resources
Information Processing Unit
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
[15A NCAC 02T .0105(m)]
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12. Noncompliance Notification:
The Pennittee shall report to the Raleigh Regional Office, telephone number [phone], within
24 hours of first knowledge of the following:
a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a
hazardous substance.
b. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of
adequate wastewater treatment.
c. Any failure resulting in a discharge untreated or partially treated wastewater to surface waters.
d. Any failure resulting in a discharge of reclaimed water directly to surface waters or any unpennitted
release of reclaimed water to land surface greater than or equal to 5,000 gallons. Unpennitted
releases less than 5,000 gallons to land surface shall be documented by the Pennittee in accordance
with Condition IV.9.g. but do not require Regional Office notification.
e. Any time self-monitoring indicates the facility has gone out of compliance with its permit
limitations.
f. Ponding in or runoff from the irrigation sites.
Emergencies requiring reporting outside normal business hours shall call the Division's Emergency
Response personnel at telephone number [phone], [phone], or [phone]. All
noncompliance notifications shall file a written report to the Raleigh Regional Office within five days
of first knowledge of the occurrence, and this report shall outline the actions proposed or taken to ensure
the problem does not recur. [15A NCAC 02T .0108(b)(1)(A)]
V. INSPECTIONS
1. The Pennittee shall perform inspections and maintenance to ensure proper operation of the reclaimed
water generation and utilization facilities. [15A NCAC 02U .0801(i)]
2. The Pernrittee shall inspect the reclaimed water generation and utilization facilities to prevent
malfunctions, facility deterioration, and operator errors that may result in discharges of wastes to the
environment, threats to human health, or public nuisances. The Pennittee shall maintain an inspection
log that includes the date and time of inspection, observations made, and maintenance, repairs, or
corrective actions taken. The Pennittee shall maintain this inspection log for a period of five years
from the date of the inspection, and this log shall be made available to the Division upon request. [15A
NCAC 02U .0801(h), 02U .0801(i)]
3. Division authorized representatives may, upon presentation of credentials, enter and inspect any
property,premises,or place related to the reclaimed water generation and utilization facilities permitted
herein at any reasonable time for determining compliance with this permit. Division authorized
representatives may inspect or copy records maintained under the teams and conditions of this permit,
and may collect groundwater, surface water, or leachate samples. [G.S. 143-215.3(a)(2)]
WQ0022870 Version 3.1 Shell Version 200201 Page 9 of 12

VI. GENERAL CONDITIONS
1. Failure to comply with the conditions and limitations contained herein may subject the Pennittee to a
Division enforcement action. [G.S. 143-215.6A, 143-215.6B, 143-215.6C]
2. This permit is effective only with respect to the nature and volume of wastes described in the permit
application, and Division-approved plans and specifications. [G.S. 143-215.1(d)]
3. Unless specifically requested and approved in this permit,there are no variances to administrative codes
or general statutes governing the construction or operation of the facilities permitted herein. [15A
NCAC 02T .0105(n)]
4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules,
regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal)
may require. [15A NCAC 02T .0105(c)(6)]
5. If the permitted facilities change ownership, or the Pennittee changes their name, the Permittee shall
submit a permit modification request on Division-approved forms. The Permittee shall comply with
all terms and conditions of this permit until the permit is transferred to the successor-owner. [G.S. 143-
215.1(d3)]
6. The Pei ittee shall retain a set of Division-approved plans and specifications for the life of the facilities
permitted herein. [15A NCAC 02T .0105(o)]
7. The Pei ittee shall maintain this permit until the proper closure of all facilities permitted herein, or
until the facilities permitted herein are permitted by another authority. [15A NCAC 02T .0105(j)]
8. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in
whole or part for:
a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter
02U;
b. obtaining a permit by misrepresentation or failure to disclose all relevant facts;
c. the Permittee's refusal to allow authorized Department employees upon presentation of credentials:
i. to enter the Permittee's premises where a system is located or where any records are required
to be kept;
ii. to have access to any permit required documents and records;
iii. to inspect any monitoring equipment or method as required in this permit; or
iv. to sample any pollutants;
d. the Pennittee's failure to pay the annual fee for administering and compliance monitoring; or
e. a Division determination that the conditions of this permit are in conflict with North Carolina
Administrative Code or General Statutes.
[15A NCAC 02T .0110]
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9. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not
occur if any of the following apply:
a. The Peiiuittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of
environmental crimes under G.S. 143-215.6B, or under Federal law that would otherwise be
prosecuted under G.S. 143-215.6B, and all appeals of this conviction have been abandoned or
exhausted.
b. The Permittee or any parent,subsidiary,or other affiliate of the Permittee has previously abandoned
a wastewater treatment facility without properly closing the facility.
c. The Pei ittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil
penalty, and all appeals of this penalty have been abandoned or exhausted.
d. The Pennittee or any parent,subsidiary,or other affiliate of the Permittee is currently not compliant
with any compliance schedule in a permit, settlement agreement, or order.
e. The Pei ittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual
fee.
[15A NCAC 02T .0120(b), 02T .0120(d)]
10. This permit shall not be renewed if the Permittee or any affiliation has not paid the required annual fee.
[15A NCAC 02T .0120(c)]
11. Pursuant to the flow reduction request approved November 29, 2004, the Division accepts the data-
based design flow rate of 250 gallons per day per residence (GPD/residence) for the users served by
this facility. At no time shall wastewater flows exceed the limits defined in this permit, or exceed the
sewer capacity downstream of any new sewer extension or service connection.
The Pei ittee shall report the measured monthly average amount of wastewater flow contributed per
unit(GPD/residence) for the 12 months prior to permit renewal. If any of these monthly averages are
within 20% of the approved value, the Permittee shall reevaluate the approved value using the
methodology applied to deterruine the approved flow rate of 250 GPD/residence, and submit this
information with the renewal application for reevaluation of the approve flow rate. [15A NCAC 02T
.0114(f)]
12. The Permittee shall retain the Division's written approval of the authorized adjusted daily design flow
rate for the life of this facility, and shall transfer this approval to any future Pennittee. [15A NCAC
02T .0114(f)]
Permit issued this the 31st day of July 2020
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
i S. Daniel Smith, Director
D
ision of Water
esources
1V Authority of the Environmental Management Commission
By g
Permit Number WQ0022870
WQ0022870 Version 3.1 Shell Version 200201 Page 11 of 12

Peiuiit No. WQ0022870 Reclaimed Water Generation and Dedicated Utilization System
Aqua North Carolina, Inc. July 31, 2020
Chapel Ridge WWTP Chatham County
ENGINEERING CERTIFICATION
❑ Partial ❑ Final
I , as a duly licensed North Carolina Professional
Engineer,having ❑ periodically/❑ fully observed the construction of the peiuiitted facilities, do hereby
state to the best of my abilities that the facility was constructed in compliance with G.S. 143-215.1,
Administrative Code Title 15A Subchapter 02U, this peiiuit, and the Division-approved plans and
specifications.
Documentation of any variation to this permit, and the Division-approved plans and specifications,is in the
attached as-built drawings.
Description of variations:
Professional Engineer's Name
Firm Name Film No.
Address
City State Zip Code
Telephone Email Seal,Signature,and Date.
THE COMPLETED ENGINEERING CERTIFICATION,INCLUDING ALL SUPPORTING
DOCUMENTATION, SHALL BE SENT TO THE FOLLOWING ADDRESS:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
NON-DISCHARGE BRANCH
By U.S.Postal Service By Courier/Special Delivery
1617 MAIL SERVICE CENTER 512 N. SALISBURY ST.
RALEIGH,NORTH CAROLINA 27699-1617 RALEIGH,NORTH CAROLINA 27604
WQ0022870 Version 3.1 Shell Version 200201 Page 12 of 12

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