19990813 Ver 1_COMPLETE FILE_20060912

1 -"- _V
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 8, 1999
Orange County
DWQ Project # 990813
Approval of 401 Water Quality Certification
Town of Hillsborough
PO Box 429
Hillsborough, NC 27278
Dear Sirs:
You have our approval, in accordance with the attached conditions, to place fill material in 1.0 acre of
water for the purpose of installing a sewer line, as you described in your application dated July 26, 1999. After
reviewing your application, we have decided that this fill is covered by General Water Quality Certification
number 3108. This Certificate allows you to use Nationwide Permit Number 26 when the Corps of Engineers
issues it. This Certification is also covered by Neuse River Buffer RuLes. In addition, you should get any other
federal, state or local permit before you go ahead with your project including (but not limited to) Sediment and
Erosion, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will
expire when the accompanying 404 or CAMA expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and send us a new application. If the property is sold, the new owner
must be given a copy of this Certification and approval letter and is thereby responsible for complying wit all
conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation
may be required as described in 15A NCAC 2H .0506(h). For this approval to be valid, you must follow the
conditions listed in the attached Certification. This approval shall expire when the corresponding Nationwide
Permit expires or as otherwise provided in the General Certification.
If you do not accept any of the conditions of this Certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition
which conforms to Chapter 150B of the North Carolina General Statues to the Office of Administrative Hearings,
PO Box 27447, Raleigh, NC 276 1 1-7447. This Certification and its conditions are final and binding unless you
ask for hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-733-9646.
Sincerely,
err T. Stevens ~
r
Division of Water Duality - Environmental Sciences Branch
Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper

Cc: Wilmington Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
John Dorney
Central Files 990813.Itr
Nac=wide Permit Requested (Prmde Nationwide Permit ft 12
JOM FORM FO
Nationwide permits that requke notiticatian to the Corps of Engineers
Nationwide permits that respire ap ration fir Sermon 401 ccaiion
1011 ISSUr-,
GTON DISTRICT w G
CO OF EN OF 3iVIItO MANAGEMENT
. _ DEP OF ARMY. FNVJR0NME Z
P.O Boa 1
WiI 1590 Vs O. B?.2953 ??° ?` ,
AM:
ate (919) 251-451 N DORNEY _ +4
733-SM
.
ONE 0) COPY OF TICS CONIPLEM APPLY SHOULD BE CLW7 COJ
SEVEN (7) COPIES SHOULD BE SENT TO DIVISION OF
PLEASEPRINL ??ER
1.Own= K=e: _ mown of Hi 1 1 shnrn»Qh
2.Ow=-sAddr= PO Box 429, .Hillsborough, NC 27278
3. Owners Phone Number (Home): (wcft [phone]
4. If Appr able Agent's name or responsible corporate official, address, phone autaber:
ERic Peterson, Town Manager
5. Location of work (MUSTAMCH MAP). Co mty: nra n qA
N=cATownort3ty: Ni' chnrniighN('_
SpeeficL=f=(Inclt:deroad mtmbers,landmarim,em from I-85 South alone Cates Creek
to Old NC 86 and continuing south along Cates Creek to I-40.
6. Name Of CIO=Sntanv?dva: Cates Creek
7. MverBasin: Neuse
8. Ys this project located is a washed classified as Trout. SA, IiQW, ORW, WS I, or WS I1? YES (1 NO [d.
9. Have any Seddon 404 pc=bs b= p vdows y requested for use an this property? YES 11 NO J)
If yes, explain.
10. Estimated total number of acres of waters of the U.S., hwh c$ng wedmWs, located on prajeci site: 1
11. Number of aces of waters of theU.S., hwbd'mg wetlands, k pac ted by the proposed project
FUed: .
Hooded:
Excavate3: -
TotalImpaot 1 (excavated, then refilled)
DEC 20 '93 14:13 sis e76 5e23 PAS8.004
AA;, L ==PUCn oL pr0POSea wpia ?nuac u ra. tJ-a LL A. 11- araw:ags only):
?' Construction of 121"gravity sewer from I-85 to I-40 along Cates Creek.
Lt PMP=ofpmposedwos3? Provide sewer service to areas located South of
T QS -.1 hnrT C+??cc (?roclr to T do
¦
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimizewedandimpam Gravity sewer must be located close to streams to
serve largest possible drainage area. Follow Division of Land Resources
re nit tents f &F
f 1, e j? n an
-'---
15. YOU are °o contact t?e U3?'IQ Sa iiIi (t?-? Q voCrVan n ro . •ne Fisheries Service
9-91n seS B P aarny=b7 BstCdpt?aposed ?farorcdticai
the perrmt aria that may.be.the project. you done so? ' Y? NO [ I
RESPONSES FROM THE USFWS ANDIOR NM SHOULD BE FORWARDED TO CORPS.
16. You a:-; •iegaut,ed to contact the State Historic Poswraft Officer 020) =pr&g the gprrAnce of Mstac -
properties in the penalt area which may be affected by the proposed project? Have you done so? YES (x I NO j j
RESPONSE FROM THE SBPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by ME
A: Wetland de&e4on map showing aU wetlands. Ai=ms, and. Lad= on dte property.
B. If available, n?rtive ptrotogaph of wetlands to be hnpwftd by Prq-
C: If ?dormeation was performed by a consultant, include aII dart streets. relevant to the placement of the
degaation nm
D. V a stormwatcr management plan is =qWred for this project, attach copy. - N/A
Whatisl=dust ofsuaoun&g rcPertt? Undeveloped woodlands
F. IfappUcable? vhat Isproposed mahodofsewagedpasal?Treatment at the Hillsborough WWTP

Ow=es sipzt=
Date
Eric Peterson, Town Manager
DEC 28 .' 83 14 : I S
919 8765823 PRGE.005
a. G 0T1"CATIONJAPPLICAnON PROCEDURES.
The aiti'ched form should be tuod to obtain approval from the Cotes of Eagiaeexs snmor the N.C. Division of
.. ?;viroumentat Maaagcsacat as specified above. The pennittee should make sure that aII neccssar?r informauoa is
provided in order to avoid delays. One copy of the completed form is required by the Corps of Eagmeers and seven
Copies are required by DEM. Piaas and maps Haut be on 8 I/Z x I I inch paper:
Endzu?ggezed s?ocics r g remeat Four Corps of Engineers notifications only. applicants must notify the US. Fish and
Wr7dlife Sernce and/or the National Marine Fisheries Service regarding the presence of endangered species that may
be affected by the proposed'proja.K.
U.S. FISH AND WILDL>FE SERVICE . .NATIONAL MARINE FISHERIES SERVICE .
RALEIGH FOLD OFFICE HABITAT CONSERVATION DIVISION
P.O. Box 33725 Pivers Island
Raleigh, NC 27636-3726 Beaufort. NC 28515
Telephone [phone]. Telephone [phone]. ?.
FAStoric resources requirement For Corp of Eagm= notifications a dy, mucants m= notify the State Historic
Pvmlioa Office regarding the presencx of historic properties that may be affected by the proposed proms, _
STATE HISTORIC PRESERVATION OFFICE
N .C. DIVISION OF ARCHIVES AND HISTORY
109 East Jones Stzat
Raleigh, NC 27601
TbI one I 733-4763
Information obtained from these agencies should be forwarded to the Caps.
.
DEC 20 '93 14:18
.919 876 5823 PAGE.803
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Town
of D?°i r 3
OUD
ills h
Since 1754 9
H
Mr. John Dorney
NCDENR - Division of Water Quality
Wetlands/401 Unit
1621 Mail Service Center
Raleigh, NC 27699-1621
Dear Mr. Dorney:
?AYMENT
RECEIVED
Enclosed is the following information for your review and 401 Certification:
• Check for $200 for the 401 Certification Fee
• Seven copies of the Joint Form for Nationwide Permits that requires application
for Section 401 Certification
• Seven copies of pertinent drawings taken from design drawing sheets (plan and
profile)
This information was returned by your office on July 20, 1999 because the $200 fee was
not included. We were unaware that any fee was required.
If you have any questions or comments, please call David Hamilton, PE, with Finkbeiner,
Pettis & Strout at [phone].
Sincerely,
Kenneth P. Keel, PE
Town Engineer/Utilities Director
cc: David Hamilton, PE, Finkbeiner, Pettis & Strout
File
101 East Orange Street • P.O. Box 429 • Hillsborough, North Carolina 27278
919-732-2104 • Fax: [phone]
Av
July 23, 1999
Re: Hillsborough, North Carolina
Cates Creek Sewer Extension - P&S
401 Certification
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
July 20, 1999
Town of Hillsborough
PO Box 429
Hillsborough, NC 27278
Dear Sirs:
1999
JUL 2 "1 14
On July 8, 1999 the Division of Water Quality received your request for a 401
Certification for a sewer extension. Your application is being returned since payment
was not received with the application. In order for DWQ to review and process your
request, you must send a check in the amount of $200.00 made payable to the N.C.
Division of Water Quality.
If you have any questions, please call Cyndi Bell at 919-733-9502.
Sint erely,--,-,
v
J-1
John R. Dorney
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper

FINKBEINER, PETTIS & STROUT, INC.
CONSULTING ENGINEERS
ESTABLISHED 1900
ONE CENTF.RVIEW DRIVE
GREENSBORO, NC 27407
316-292-2271
336-955-5648 FAX
June 30, 1999
Mr. John Dorney
Water Quality Section
NCDENR - Division of Water Quality
P.O. Box 29535
Raleigh, NC 27626-0535
3 fly.Y r ? 1` .; ,i

Re: Hillsborough, North Carolina
Cates Creek Sewer Extension - P&S
FMS
Dear Mr. Dorney:
On behalf of the Town of Hillsborough, we are please to submit the following
for your review:
1. Seven copies of the Joint Form For Nationwide Permits that requires
application for Section 401 Certification,
2. Seven copies of pertinent drawings taken from design drawing sheets
(plan and profile).
If you have any questions or need additional information, please do not
hesitate to call.
Sincerely,
'G?a'vidd Ham ton, E
Project Manager
Enclosures
c: Mr. Kenneth Keel, PE, Town of Hillsborough

G:\Project\Hi19901 b\Corresp/PermitDW Q
-` N ?awide Permit Requested (Fwvide Xadonwide Peanit f
JOW FORMFOR
Nationwide permits that requke noti?ration to the Corps of Engineers
Nationwide permits that require appIication for Section 401 certfraiion
GTON DISTRICT G?NE£R WATER QUALITY PI.AKNIISG
CO OFEN - DIVISION OF MANAGEMI 2C
- - DEp OF ARMY NCDEPA1tTNtENTO O HEALTH,
P.O. Box I AND NATURAL. 1590 P.O. Boy:
ATM-
(9M tte 251.451 DQPI-W
T I9) ?33.508'3
ONE (1) COPY OF THIS CobeLEM APPLZ OULD BE To1HE CORPS OF EN
SEVEN (7) COPIES SHOULD BE SENT TO TIE ONMENTAL MANAGII
PLEASE PRIIM
1. owners Name:
2.Owne=SAddr= PO Box 429, Hillsborough, NC 27278
3. Owners Phone Number. (Home): (Weft [phone]
4. If Appficable: Agent's name or responsible cmpomte official, addr = phone number:
ERic Peterson, Town Manager
5. Location of Work MUST ATTACK MAP). CcuW. nrn n qp
N TownorCity: Hill chin-„n?,igh ? Nr .
SpecifieLocttiott(IncIn&md=Wbd I=d=*s G,j'._,?rom I-85 South along Cates Creek
to Old NC 86 and continuing south along Cates Creek to I-40.
6. NatneofClosastSrl+eam/River. Cates Creek
7. Rh=Bae= Neuse
8. Is this prajed located in a watershed classified as Trout. SA, RQW, ORW, WS I, or WS 317 YES (] NO W.
9. Have any Section 404 penaits been pre viou#y requested for we on this progaty? 1011 NO 14
If yes,eVlam.
I0. Esdmated total number of acros of waters of the U.S., including wedaads, Iocmd on project sr= 1
IL Number of saes of waters of the U.S, is b&qg wetlands, b Vaded by the proposed proj=
F?Iled:
Drained: -
noodc&
Excavated:
Tota Impacted: • 1 (excavated, then refilled)
DEC 20 'S3 14:13 919 879 5823
PAfs8. 004
1L 1JC=npEIOn ox acs= wpZS V--U4"" r 1`?J-8 LL A 11 ° Qr:&W=ZS CWYJ:
Construction of 12"`gravity sewer from I-85 to I-40 along Cates Creek.
13. PMposeofproposedworic Provide sewer service to areas located South of
T-Qr, ^! Ljn T Catev f+reo?r }n T-An
14. State reasons why the appUcaat believes that this activity m= be carded out in wetlands. Also, note mea n=
takm tomit+n wedandimpam Gravity sewer must be located close to streams to
serve largest ossible drainage area. Follow Division of Land Resources
15. YOU a e u'= to c macs t?rU . Fisttmaw t Sal ii (Eh? a°ad/oCs? aiau° 1aI Mxaae Fisheries Service
?n 8thep=senaoraayFede=UyEftd?forBstiageadaagez?or? orcxidW
habitat m the peaait areathat may be affected by the proposed project, Have yon done so? NO[ 1
FROM THEUSFWSANDIORNMM SHOULUBEFORWARDED TO CORPS.
I(. YOU 'regained to contact the Smba Historic Prescrvadon Officer MIPO) re$ar&S the msence of hist6do -
propuft in the permit area which maybe affected by the proposed project? Have you done so? -YF j NO[
1
RESPONSE. FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Add-:tiondt information ra4ulr? by DEW
A: SVedand de&eation map showing all wetlands. =' e=s, and lakes on the property,
B. If available, tattve phmvvh of wedvads to be impacted by project.
G If del'meadoA was performed by a consal=4 include aU data sheft.. relevant t'D the placaacnt of the
deHnC2fion rM6.
D. If a srarmwatter maaagemwt plan is required for dtis project, attach copy. - N/A
?VhatislaaduseofsuQOtta?ng Undeveloped woodlands
F. IfaNliicable,whatisproposedmethodofscswage l?Treatment at the Hillsborough WWTP

Owner's Sigaattae Date
Eric Peterson, Town Manager
DEC 20.'S3 14:19 9I9 876.5823 AGE.005
'.. C. -40TE"CATION/APPLI:CATION PROCEDURES.
The atta`chod form should ba used Lo obtain approval from the Corps of Engineers ancvor the rI.G: ?ivisIon of
environmental Management as spccif?ed above. The peimittx should make sera that alI necessar?r information is
provided in order to avoid delays. One copy of the completed form is ruirtd by the Corps of Engineets and seven
copies are required by DEM. Pleas and maps must be on 8 I/Z x I I inch paper
En ZpBred s?ocies mq? jomea For Corps of Engineers notifications only. applicants must notify the U.S. lash and
Wildlife Service and/or the National Marine Fisheries Service regarding the presence of endangered species that may
be af3'ecced by the proposed'projcct.
U.S. FISH AND WILDLIFE SERVICE,NATIONAL MARINE FISHERIES SERVICE .
RALEIGH FIELD OFFICE HABITAT CONSERVATION DIYLSION
P.O. Box 33726 Fivers Island
Raleigh, NC 27636-3726 Beaufort. NC 28516
Telephate (919) 8564520. Telephone [phone].
Historic resotaccs req For Corps of Engncxa notifications only, NBC= Hurst notify the State Historic
Preservation Office regarding the presence of historic properties that may be affected by the proposed pros f.m -
STATE HISTORIC PRESERVATION OFFICE
IBC. DIVISION OF ARCHIVES AND HISTORY
109 East Jones Street
Raleigh, NC 27601
Telephone [phone]
Information obtained from these agencies should be forwarded to the Corps.
DEC 20 193 14:18 - .919 876 5823 PAGE.003
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100 YR CONTRACTOR AND ENGINEER
FLOOD
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CATES CREEK SEWER EXTENSION
cn v'N x'
HILLBOROUGH, NOR OLINA
1999
PROJECT MANUAL
FINKBEINER, PETTIS & STROUT, INC.
CONSULTING ENGINEERS
ONE CENTERVIEW DRIVE, SUITE 208,
GREENSBORO, NORTH CAROLINA 27407
[phone]
FAX [phone]
1
1
1
I
1
1
I
1
CATES CREEK SEWER EXTENSION
HILLSBOROUGH, NORTH CAROLINA
1999
PROJECT MANUAL
FINKBEINER, PETTIS & STROUT, INC.
CONSULTING ENGINEERS
ONE CENTERVIEW DRIVE, SUITE 208,
GREENSBORO, NORTH CAROLINA 27407
[phone]
FAX [phone]
OFFICIALS
Town of Hillsborough, North Carolina
1999
Mayor
Horace H. Johnson, Sr.
Board of Commissioners
Kenneth E. Chavious
Frances L. Dancy
Evelyn P. Lloyd
Catherine S. Martin
Richard O. Simpson
Town Manager
Eric Peterson
Town Engineer
Kenny Keel, PE
Town Clerk
Donna Armbrister
ENGINEER CERTIFICATION
I HEREBY CERTIFY THAT SPECIFICATIONS CONTAINED HEREIN AND THE ACCOMPANYING DRAWINGS
ENTITLED "CATES CREEK SEWER EXTENSION" FOR THE TOWN OF HILLSBOROUGH, NORTH CAROLINA
WERE PREPARED BY ME OR UNDER MY DIRECT SUPERVISION.
SIGNED, SEALED AND DATED THIS 3OfH DAY OF 5iA rq e , 19 .
?aa+rtr.,,
H
?CARpI* BY
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?we-OtiESSIp?9 y
SEAL TITLE
18101
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HIL9901 B 06/29199
TABLE OF CONTENTS
Pages
Advertisement for Bids AB-1 thru AB-1
Instructions to Bidders I13-1 thru I13-8
Bid BD-1 thru BD-11
Bid Bond BB-1
Statement of Bidder's Qualifications BQ-1 thru BQ-4
Non-Collusion Affidavit NC-1
Notice of Award NA-1 thru NA-2
Agreement AG-1 thru AG-8
Performance Bond PF-1 thru PF-2
Payment Bond PT-1 thru PT-2
Notice to Proceed NP-1
General Conditions GC-1 thru GC-48
Specifications
Number Section Name
Division 1 - General Requirements
Q1010 Summary of Work
01019 Contract Considerations
Application for Payment
Affidavit of Contractor
Affidavit for Final Payment
Work Change Directive
Change Order
01039 Coordination and Meetings
01300 Submittals
01400 Quality Control
01500 Construction Facilities and Temporary Controls
01600 Material and Equipment
Application for Use of "Or-Equal' Item
Application for Use of Substitute Item
Equipment and Material Checklist
01700 Closeout
Record Drawings Contents List/Affidavit
Certificate of Substantial Completion
Notice of Acceptability of Work
Division 2 - Sitework
02065 Abandonment of Facilities
02225 Trenching and Backfilling
02226 Tunneling
02229 Rock Excavation
02270 Erosion Control Measures
02360 Steel Encasement Pipe
02576 Existing Pavement Replacement
02607 Manholes and Covers
HIL9901 B 06/30/99

02732 Pipe Sewers
02733 Sanitary Sewer Leakage Testing
02750 Existing Sewer and Drain Replacement
02930 Seeding
Division 3 - Concrete

03301 Cast-In-Place Concrete

H1L9901 B 06/30/99
A ,
ADVERTISEMENT FOR BIDS
1. SEALED BIDS for the furnishing of the necessary materials and construction of
CATES CREEK SEWER EXTENSION
FOR THE TOWN OF HILLSBOROUGH, NORTH CAROLINA
will be received by the Town at the office of the Town Clerk, 101 E. Orange Street, Hillsborough, North Carolina
27278 until
2:00 P.M. LOCAL TIME
and at that time and place will be publicly opened and read aloud.
2. The proposed work consists of approximately 10,354 linear feet of 8 inch, 10 inch, and 12 inch PVC and DIP
sanitary sewer, manholes, and associated appurtenances; and approximately 500 linear feet of steel encasement
pipe.
3. The Bidding Documents, including Drawings and Project Manual with Specifications, are on file at the office
of the Town Clerk and at the office of Finkbeiner, Pettis & Strout, Inc., Consulting Engineers, One Centerview Drive,
Suite 208, Greensboro, North Carolina 27407. A set may be obtained by depositing $45.00, check only, with said
Consulting Engineers. Checks shall be made payable to Finkbeiner. Pettis & Strout. Inc. Deposits are non-
refundable.
Additional copies (in excess of one) of the Drawings and Project Manual may be purchased at a cost of $20.00
for Drawings and $25.00 for Project Manual. No refund will be allowed for the return of any additional copies.
4. The Town of Hillsborough, North Carolina reserves the right to reject any or all Bids, and to waive all
informalities not involving price, time, or changes in the Work.
By Order of the Board of Commissioners of the
Town of Hillsborough, North Carolina
Donna Armbrister
Town Clerk
Published: AGC
FW Dodge
HIL9901 B AB-1 06/29/99
i

I ARTICLE 1 - DEFINED TERMS
INSTRUCTIONS TO BIDDERS
1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions.
Additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to
both the singular and plural thereof:
A. Bidder--The individual or entity who submits a Bid directly to OWNER.
B. Issuing Office--The office from which the Bidding Documents are to be issued and where the bidding
procedures are to be administered.
C. Successful Bidder--The lowest responsive and responsible Bidder to whom OWNER (on the basis of
OWNER's evaluation as hereinafter provided) makes an award.
D. Bidding Documents Holder - A party recorded by ENGINEER as having received the Bidding
Documents.
ARTICLE 2 - COPIES OF BIDDING DOCUMENTS
2.01 Complete sets of the Bidding Documents in the number and for the non-refundable deposit sum, if any,
stated in the Advertisement for Bids may be obtained from the Issuing Office.
2.02 Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER
assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding
Documents.
2.03 OWNER and ENGINEER in making copies of Bidding Documents available on the above terms do so only
for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use.
ARTICLE 3 - QUALIFICATIONS OF BIDDERS
3.01 Each Bidder must be a Bidding Documents Holder.
3.02 To demonstrate Bidder's qualifications to perform the Work, Bidder shall submit written evidence such as
financial data, previous experience, present commitments, and such other data as may be requested on the Bidder
qualification form attached to the Bid.
3.03 Bidder shall complete the non-collusion affidavit attached to the Bid.
ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE
4.01 Subsurface and Physical Conditions
A. The General Conditions identify:
HIL9901 B I13-1 06/29/99

C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may
' affect cost, progress, or performance of the Work;
D. carefully study all reports of explorations and tests of subsurface conditions at or contiguous to the Site
' which have been identified in, and as provided in paragraph 4.02 of the General Conditions, and carefully study all
reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in, and
as provided in paragraph 4.06 of the General Conditions;
E. obtain and carefully study (or assume responsibility for doing so) all examinations, investigations,
explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or
contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of
the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including
any specific means, methods, techniques, sequences, and procedures of construction expressly required by the
Bidding Documents, and safety precautions and programs incident thereto;
1 F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests,
studies, or data are necessary for the determination of its Bid for performance of the Work at the price bid and
within the times and in accordance with the other terms and conditions of the Bidding Documents;
G. become aware of the general nature of the work to be performed by OWNER and others at the Site that
relates to the Work as indicated in the Bidding Documents;
H. correlate the information known to Bidder, information and observations obtained from visits to the Site,
reports identified in the Bidding Documents, and all examinations, investigations, explorations, tests, studies, and
data with the Bidding Documents;
1. promptly give ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder
discovers in the Bidding Documents and confirm that the written resolution thereof by ENGINEER is acceptable to
Bidder; and
J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for the performance of the Work.
' 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied
with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing
the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences,
and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents,
that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder
has discovered in the Bidding Documents and the written resolutions thereof by ENGINEER are acceptable to
Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms
and conditions for performing and furnishing the Work
ARTICLE 5 - SITE AND OTHER AREAS
5.01 The Site is identified in the Bidding Documents. All additional lands and access thereto required for
temporary construction facilities, construction equipment, or storage of materials and equipment to be
incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent
structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless
otherwise provided in the Bidding Documents.
ARTICLE 6 - INTERPRETATIONS AND ADDENDA
HIL9901B I13-3 06/29/99

considered by ENGINEER until after the Contract is fully executed. The requirements for consideration and
acceptance by ENGINEER are set forth in paragraph 6.05 of the General Conditions.
ARTICLE 11 - SUBCONTRACTORS
11.01 No Subcontractor shall be recognized in any part of the contract, and no portion of the contract shall be
sublet without written permission of the OWNER. CONTRACTOR shall not award Work to Subcontractors in
excess of 50 percent of the Contract Price.
11.02 If OWNER requests the identity of any Subcontractors to be submitted to OWNER prior to issuing a
' Notice of Award, apparent Successful Bidder, and any other Bidder so requested, shall within five days after
such request submit to OWNER a list of proposed Subcontractors with proposed contracts for Work totaling
$10,000 or more.
I Further, if subsequently requested by OWNER, an experience statement with pertinent information regarding
similar projects and other evidence of qualification for each Subcontractor named shall similarly be provided
within five days after such request. If OWNER, after due investigation, has reasonable objection to any
proposed Subcontractor, OWNER may, before the Notice of Award is given, request apparent Successful Bidder
to submit a substitute, without an increase in Bid price.
If apparent Successful Bidder declines to make any such substitution, OWNER may award the Contract to the
next apparent successful Bidder that proposes to use acceptable Subcontractors. The declining to make
requested substitutions will not constitute grounds for sacrificing the Bid security of any Bidder. Any
Subcontractor listed and to whom OWNER does not make written objection prior to the giving of the Notice of
Award will be deemed acceptable to OWNER subject to revocation of such acceptance after the Effective Date
of the Agreement as provided in paragraph 6.06.6 of the General Conditions.
11.03 CONTRACTOR shall not be required to employ any Subcontractor against whom CONTRACTOR has
reasonable objection.
ARTICLE 12 - PREPARATION OF BID
12.01 The Bid form is included with the Bidding Documents.
12.02 All blanks on the Bid form shall be completed by printing in ink or by typewriter and the Bid signed.
12.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other
' corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by
the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the
signature.
12.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must
appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership
shall be shown below the signature.
12.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied
by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be
shown below the signature.
12.06 A Bid by an individual shall show the Bidder's name and official address.
HIL9901 B I13-5 06/29/99

n

I

14.03 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the
Advertisement for Bids and shall be enclosed in an opaque sealed envelope plainly marked with the Project title
(and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of
Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or
other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly
marked on the outside with the notation "BID ENCLOSED". A mailed Bid shall be addressed as indicated in the
Advertisement for Bids.
ARTICLE 15 - MODIFICATION AND WITHDRAWAL OF BID
15.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid
must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the
opening of Bids.
15.02 Withdrawal of a Bid, after Bids are opened, will only be permitted under the provisions of Laws and
Regulations.
ARTICLE 16 - OPENING OF BIDS
16.01 Bids will be opened at the time and place indicated in the Advertisement for Bids and, unless obviously non-
responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be
made available to Bidders after the opening of Bids.
ARTICLE 17 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE
17.01 All Bids will remain subject to acceptance for the period of time stated in the Bid form, but OWNER may, in
its sole discretion, release any Bid and return the Bid security prior to the end of this period, or as otherwise required
by Laws and Regulations.
ARTICLE 18 - AWARD OF CONTRACT
18.01 OWNER reserves the right to reject any or all Bids, including without limitation, nonconforming,
nonresponsive, unbalanced, or conditional Bids. OWNER further reserves the right to reject the Bid of any Bidder
whom it finds, after reasonable inquiry and evaluation, to be non-responsible. OWNER may also reject the Bid of
any Bidder if OWNER believes that it would not be in the best interest of the Project to make an award to that
Bidder. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work.
18.02 More than one Bid for the same Work from an individual or entity under the same or different names will not
be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work
may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.
18.03 In evaluating Bids, OWNER will consider whether or not the Bids comply with the prescribed requirements,
and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of
Award. Unsolicited alternate Bids will not be considered in awarding the Contract, and the inclusion of unsolicited
alternates by the Bidder will result in the Bid being considered informal and liable to rejection. Alternate Bids for
equipment will be considered on the basis of first cost and operating costs.
HIL9901 B I13-7 06129/99

BID
PROJECT IDENTIFICATION: CATES CREEK SEWER EXTENSION
THIS BID IS SUBMITTED TO: Town Clerk
101 E. Orange Street
Hillsborough, NC 27278
1.01 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.
2.01 Bidder accepts all of the terms and conditions of the Advertisement for Bids and Instructions to Bidders,
including without limitation those dealing with the disposition of Bid security, and the requirement for being a
Bidding Documents Holder. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for
such longer period of time that Bidder may agree to in writing upon request of OWNER.
3.01 In submitting the Bid, Bidder represents, as set forth in the Agreement that:
A. Bidder has examined and carefully studied the Bidding Documents, and the other related data
' identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged.
Addendum No. Addendum Date
B. Bidder has visited the site and become familiar with and is satisfied as to the general, local and Site
conditions that may affect cost, progress, and performance of the Work.
C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may
affect cost, progress, and performance of the Work.
D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or
' contiguous to the Site which have been identified in paragraph 4.02 of the General Conditions, and (2) reports
and drawings of a Hazardous Environmental Condition, if any, which has been identified in paragraph 4.06 of the
General Conditions. Bidder acknowledges that OWNER and ENGINEER do not assume responsibility for the
accuracy or completeness of information and data indicated in the Bidding Documents with respect to
Underground Facilities at or contiguous to the site.
E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all
examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface
and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the
Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of
' construction to be employed by Bidder including applying the specific means, methods, techniques, sequences,
and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and
safety precautions and programs incident thereto.

li I HIL9901B BD-1 06/30/99
Section 02229 - Rock Excavation
3 Rock Excavation
Unit price per cubic yard in words
2,872 c.y.
Section 02270 - Slope Protection and Erosion Control
4 Silt Fence
Unit price per linear feet in words
3,845 I.f.
5 Rip Rap
Unit price per cubic yard in words
500 c.y.
6 Check Dams
Unit price each in words
7 Ditch Stabilization Material
Unit price square yard in words
15 each
355 s.y.
Section 02360 - Steel Encasement Ppe
8 12 inch Pipe Sewer in 22 inch Steel
Encasement Pipe, Bored in Rock
Unit price per linear feet in words
110 I.f.
9 12 inch Pipe Sewer in 22 inch Steel
Encasement Pipe, Bored in Earth
Unit price per linear feet in words
310 I.f.
HIL9901 B BD-3 06/30/99

17 Watertight Frames and Covers
Unit price each in words
19 each
18 Manhole Vents
Unit price each in words
Section 02732 - Pipe Sewers
19 12 inch Pipe Sewer, 0'-6' deep
Unit price per linear feet in words
20 12 inch Pipe Sewer, 6'-8' deep
Unit price per linear feet in words
6 each
1,935 I.f.
2,040 I.f.
21 12 inch Pipe Sewer, 8'-10' deep 1,093 I.f.
Unit price per linear feet in words
22 12 inch Pipe Sewer, 10'-12' deep
Unit price per linear feet in words
23 12 inch Pipe Sewer, 12'-14' deep
Unit price per linear feet in words
24 12 inch Pipe Sewer, 14'-16' deep
Unit price per linear feet in words
916 I.f.
641 I.f.
498 I.f.
HIL9901B
BD-5
06/30/99
33 10 inch Pipe Sewer, 0'-6' deep
Unit price per linear feet in words
825 I.f.
34 10 inch Pipe Sewer, 6'-8' deep
Unit price per linear feet in words
641 I.f.
35 10 inch Pipe Sewer, 8'-10' deep
Unit price per linear feet in words
154 I.f.
36 10 inch Pipe Sewer, 10'-12' deep
Unit price per linear feet in words
200 I.f.
37 8 inch Pipe Sewer, 0'-6' deep
Unit price per linear feet in words
38 8 inch Pipe Sewer, 6'-8' deep
Unit price per linear feet in words
185 I.f.
201 l.f.
39 8 inch Pipe Sewer, 8'-10' deep
Unit price per linear feet in words
42 I.f.
40 8 inch Pipe Sewer, 10'-12' deep
Unit price per linear feet in words
47 I.f.
HIL9901 B BD-7 06/30/99

ITEM TYPE OF WORK SECTION(S) UNIT PRICE

' C2. Class II Concrete 03301 cu.yd.
P. Temporary Pavement 02576 cu.yd.
R. Reinforcing Steel 03301 pound
T. 12 inch Pipe Sewer in Tunnel 02226 lin.ft.
T1. 8 inch Pipe Sewer in Tunnel 02226 lin.ft.
W. Wood Supports and Bracing (per thousand 02225, 02750 mfbm
' feet, board measure)
6.02 It is understood and agreed by Bidder that OWNER reserves the unrestricted privilege to reject any or all
of the foregoing adjustment prices in this paragraph which it may consider excessive or unreasonable, or to
accept, by including the same in the Contract as unit prices applicable in the event of additions to or deductions
' from applicable Work to be performed under the Contract, any or all of such adjustment prices which it may
consider fair and reasonable. Rejection of one or more adjustment prices will not invalidate acceptance of this
Bid.
7.01 Bidder agrees that the Work will be substantially complete within 240 calendar days after the date when
the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed
and ready for final payment in accordance with paragraph 14.07.6 of the General Conditions within 270 calendar
days after the date when the Contract Times commence to run.
7.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to
complete the Work within the times specified above, which shall be stated in the Agreement.
8.01 The following documents are attached to and made a condition of this Bid:
' A. Required Bid Security in the form of a deposit of cash, or a cashier's check or a certified check on
some bank or trust company insured by the Federal Deposit Insurance Corporation, or a Bid Bond in the amount of
Dollars ($ ), payable to OWNER, which it is agreed, shall be
retained as liquidated damages by OWNER if the undersigned fails to execute the Agreement in conformity with the
' Form of Agreement incorporated in the Contract Documents and furnish Bonds as specified within 10 days after
Notice of Award is given by OWNER.
B. Required Bidder's Qualification Statement with supporting data.
C. Non-Collusion Affidavit.
9.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to
1
Bidders, and the General Conditions.
' 10.01 In Accordance with paragraph 14.01 of the Instructions to Bidders, this Bid shall not be removed nor
copied for submission, but shall be submitted as bound with the Specification.
SUBMITTED ON
' State CONTRACTOR License No.:
HIL9901B BD-9 06/30/99
Business address:
Phone No.:
Date of Qualification to do business is
FAX No.:
A Joint Venture
Joint Venturer Name: (SEAL)
By:
(Signature of joint venture partner - attach evidence of authority to sign)
Name (typed or printed):
Title:
Business address:
Phone No.:
FAX No.:
Joint Venturer Name: (SEAL)
By:
(Signature - attach evidence of authority to sign)
Name (typed or printed):
Title:
Business address:
Phone No.: FAX No.:
Phone and FAX Number, and Address for receipt of official communications:
(Each joint venturer must sign. The manner of signing for each individual, partnership, and
corporation that is a party to the joint venture should be in the manner indicated above.)
HIL9901 B BD-11 O6/3O/99

0

BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned
I as Owner in the penal sum of

as Principal, and
as Surety, are hereby held and firmly bound unto the
TOWN OF HILLSBOROUGH, NORTH CAROLINA
) for the payment of which, well and truly to be made, we hereby jointly and severally bind
ourselves, successors and assigns.
Signed, this day of
The Condition of the above obligation is such that whereas the Principal has submitted to the Owner a certain Bid,
attached hereto and hereby made a part hereof to enter into a Contract in writing, for
CATES CREEK SEWER EXTENSION
NOW, THEREFORE,
(a) If said Bid shall be rejected, or
(b) If said Bid shall be accepted and the Principal shall execute and deliver a Contract in the Form of Contract
attached hereto (properly completed in accordance with said Bid) and shall furnish Bonds for his faithful
performance of said Contract, and for the payment of all persons performing labor or furnishing materials in
connection therewith, and shall in all other respects perform the agreement created by the acceptance of
said Bid,
then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood
and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal
amount of this obligation as herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bond shall be
in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said
Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them
as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their
proper officers, the day and year first set forth above.
Principal
Surety
By

Phone No.
IMPORTANT- Surety companies executing Bonds must appear on the Treasury Departments most current list
(Circular 570 as amended) and be authorized to transact business in the state where the Project
is located.
HIL9901 B BB-1 06/29/99
7
STATEMENT OF BIDDER'S QUALIFICATIONS
' (To be completed and submitted with Bid)
By completion of this statement, as a minimum, all Bidders are required to submit evidence satisfactory to
' OWNER that Bidder meets the following requirements:
1. Minimum of three (3) years of experience in successful execution of work of similar magnitude.
2. Successful completion of at least three (3) projects of similar nature and of comparable complexity.
OWNER reserves the right to reject any Bid which in OWNER's opinion fails to meet the above
requirements. In the event that the lowest Bidder is determined to be not qualified for the Work, OWNER
may award the Contract to the next lowest Bidder or, at OWNER's option, reject all Bids and readvertise.
All answers to questions and data given must be clear and comprehensive. This statement must be
notarized. If necessary, questions may be answered on separate sheets. The Bidder may submit any
additional information desired.
1. Name Of Bidder
2. Permanent main office address
3. When organized
4. If a corporation, when incorporated
' 5. How many years have you been engaged in the contracting business under your present firm or
trade name?
6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate dates of
completion.)
7. General character of work performed by your company
8. Have you ever failed to complete any work awarded to you? Yes No
If so, where and why?
9. Have you ever defaulted on a contract?
If so, where and why?
Yes No
HIL9901 B BQ-1 06129/99
17. Provide 3 references knowledgeable with past work experience similar in magnitude to the proposed
work.
Name Address Phone
1.
2.
3.
18. Background and experience of the principal members of your organization, including officers.
19. Credit Available $
20. Give bank reference
21. Bidder shall provide a detailed financial statement and furnish any other information that may be
requested by OWNER.
22. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any
information requested by OWNER in verification of the recitals comprising this Statement of Bidder's
Qualifications.
23. President's Name
24. Social Security Number
25. Treasury Number
HIL9901 B BQ-3 06/29199
NON-COLLUSION AFFIDAVIT
Town of
County of
State of
sworn, deposes and says that he is
(sole owner, partner, president, etc.)
being first duly
of , the parry
making the foregoing proposal or bid; that such bid is genuine and not collusive or sham; that said bidder has not
colluded, conspired, connived, or agreed directly or indirectly with any bidder or person, to put in a sham bid, or
that such other person shall refrain from bidding, and has not in any manner, directly or indirectly sought by
agreement or collusion, communication or conference, with any person, to fix the bid price of aff iant or any other
bidder, or to fix any overhead, profit or cost element of said bid price, or of that of any other bidder, or to secure
any advantage against the Town of Hillsborough or any person or persons interested in the proposed contract;
and that all statements contained in said proposal or bid are true; further, that such bidder has not, directly or
indirectly, submitted this bid, or the contents thereof, or divulged information or data relative thereto to any
association or to any member or agent thereof.
Owner's Signature
Sworn and subscribed before me this
day of
Notary Public in and for
My Commission Expires:
,19
County, NC
,19
HIL9901 B NC-1 06/29/99
NOTICE OF AWARD
Dated
TO:
(BIDDER)
ADDRESS:
PROJECT:
(Insert name as it appears in the Bidding Documents)
OWNER's CONTRACT NO.
You are notified that your Bid dated for the above Contract has been
considered. You are the apparent Successful Bidder and have been awarded a Contract for
(Indicate total Work, alternates or sections or Work awarded)
The Contract Price of your Contract is
Dollars ($
copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award.
sets of the Drawings will be delivered separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within 10 days of the date you receive this Notice of
Award.
1. Deliver to the OWNER, via ENGINEER, fully executed counterparts of the Contract Documents.
2. Deliver with the executed Contract Documents the Contract security (Bonds) as specified in the Instructions
to Bidders (Article 19), and General Conditions (paragraph 5.01).
HIL9901 B NA-1 06/29/99

E
THIS AGREEMENT is by and between

(hereinafter called OWNER) and
(hereinafter called CONTRACTOR)
AGREEMENT
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, 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:
CATES CREEK SEWER EXTENSION
ARTICLE 2 - ENGINEER
2.01 The Project has been designed by Finkbeiner, Pettis & Strout, Inc., Consulting Engineers, who is
hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and
responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in
connection with completion of the Work in accordance with the Contract Documents.
ARTICLE 3 - CONTRACT TIMES.
3.01 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.
3.02 Days to Achieve Substantial Completion and Final Payment
A. The Work will be substantially completed within 240 calendar days after the date when the Contract
Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for
final payment in accordance with paragraph 14.07 of the General Conditions within 270 calendar days after the
date when the Contract Times commence to run.
3.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that
OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above,
plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also
recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual
loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof,
OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR
shall pay OWNER the amount indicated in the following table for each calendar day that expires after the time
specified in paragraph 3.02 for Substantial Completion until the Work is substantially complete, and for each
HIL9901 B AG-1 06/30/99

ITEM TYPE OF WORK
E. Earth Excavation, including backfill
E1. Earth Excavation, including disposal
SECTION(S)
02225
UNIT PRICE
cu.yd.
cu.yd.
cu.yd.
cu.yd.
02225
C. Class I Concrete, not including reinforcing steel 03301
(Wall or Formed)
C1. Class I Concrete, not including reinforcing steel 03301
(Slab or Unformed)
C2. Class II Concrete 03301
P. Temporary Pavement 02576
R. Reinforcing Steel 03301
T. 12 inch Pipe Sewer in Tunnel 02226
T1. 8 inch Pipe Sewer in Tunnel 02226
W. Wood Supports and Bracing (per thousand 02225, 02750
feet, board measure)
ARTICLE 5. PAYMENT PROCEDURES.
5.01 Submittal and Processing of Payments
cu.yd.
cu.yd.
pound
lin.ft.
lin.ft.
mfbm
A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions.
5.02. Progress Payments; Retainage.
A. OWNER shall make progress payments on account of the Contract Price on the basis of
CONTRACTOR's Applications for Payment as recommended by ENGINEER, within 30 days after approval by
OWNER as provided in paragraphs 5.02.A.1. and 5.02.A.2. below. All such payments will be measured by the
schedule of values established in paragraph 2.07.A. of the General Conditions (and in the case of Unit Price
Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the
General Requirements, and 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 ENGINEER shall determine,
or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions.
1. Partial payment of the cost of Work completed, until 50 percent of the Work is completed, as
evidenced by payments in the amount of at least 50 percent of the Contract Price, but excluding any payment
under paragraph 5.02.A.2. below, shall be made at the rate of 90 percent of the estimates. After 50 percent
of the Work is completed, payment of the cost of Work completed shall be made at the rate of 100 percent of
the estimates, no further funds being retained.
2. Materials and equipment not incorporated in the Work (but delivered, suitably stored and
accompanied by documentation satisfactory to OWNER as provided in paragraph 14.02 of the General
Conditions) will be paid for at the rate of 90 percent of its value, as shown by manufacturer's invoices with
HIL9901 B AG-3 06/30/99

' H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations
obtained from visits to the Site, reports identified in the Contract Documents, and all examinations, investigations,
explorations, tests, studies, and data with the Contract Documents.
1. 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.
J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
ARTICLE 8 - CONTRACT DOCUMENTS
i
8.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages AG-1 to AG-8, inclusive);
2. Performance and Payment Bonds (pages PF-1, PF-2, PT-1 and PT-2);
3. General Conditions (pages GC-1 to GC-48, inclusive);
4. Specifications as listed in table of contents of the Project Manual;
5. Drawings (separately bound) consisting of a cover sheet and sheets numbered 1 through 14,
inclusive, with each sheet bearing the following general title: Cates Creek Sewer Extension;
6. Addenda (numbers to , inclusive);
7. Exhibits to this Agreement (enumerated as follows):
a. Notice to Proceed (page NP-1);
b. CONTRACTOR's Bid (pages BD-1 to BD-11 inclusive, and attachments);
c. Documentation submitted by CONTRACTOR prior to Notice of Award (pages to ,
inclusive);
8. The following which may be delivered or issued on or after the Effective Date of the Agreement
and are not attached hereto:
a. Written Amendments;
b. Work Change Directives;
c. Change Order(s).
B. The documents listed in paragraph 8.01.A are attached to this Agreement (except as expressly noted
otherwise above).
C. There are no Contract Documents other than those listed in this Article 8.
I HIL9901 B AG-5 06130/99
1
1
1
1
1
1
By:
[CORPORATE SEAL]
Attest
Address for giving notices:
Designated Representative:
Name:
Title:
Address:
Phone:
Facsimile:
This Agreement and Bond(s) were duly approved by the Board of Commissioners of the Town of Hillsborough, North
Carolina this day of ,
By.
[CORPORATE SEAL]
Attest
Address for giving notices:
License No.
Agent for service of process:
(If CONTRACTOR is a corporation or a partnership,
attach evidence of authority to sign.)
Designated Representative:
Name:
Title:
Address:
Phone:
Facsimile:
Town Clerk
This instrument has been preaudited in the manner required by the local government fiscal control act.
The foregoing Agreement and the attached Bond(s) are approved as to form.
ATTORNEY
HIL9901B
AG-7
06/30/99

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS, that we, the undersigned
a ,hereinafter
Corporation, Partnership, or Individual)
called Principal, and hereinafter called Surety, are held and firmly bound
unto the
' TOWN OF HILLSBOROUGH, NORTH CAROLINA
' hereinafter called Owner, in the penal sum of
Dollars ($ ) in lawful money of the United
1 States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns,
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain
Contract with the Owner, dated the day of , a copy
of which is hereto attached and made a part hereof for the construction of:
CATES CREEK SEWER EXTENSION
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings,
covenants, terms, conditions, and agreements of said Contract during the original term thereof, and any extensions
thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guarantee
period, and if he shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and
save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall
reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default,
then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said surety, for value received hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the Contract or to work to be performed thereunder
or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work
or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the
right of any beneficiary hereunder, whose claim may be unsatisfied.
fJ
I
HIL9901 B PF-1 06129199

1 PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned
' a hereinafter called Principal, and
(Corporation, Partnership, or Individual)
hereinafter called Surety, are held and firmly bound
unto the
TOWN OF HILLSBOROUGH, NORTH CAROLINA
hereinafter called Owner, in the penal sum of Dollars
($ ) in lawful money of the United States, for the payment of which sum well and
truly be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain
Contract with the Owner, dated the day of ,
a copy of which is hereto attached and made a part hereof for the construction of
CATES CREEK SEWER EXTENSION
' NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, Subcontractors,
and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such
Contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants,
oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the
construction of such work, and all insurance premiums on said work, and for all labor, performed in such work
whether by Subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the Contract or to work to be performed thereunder
or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work
or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the
right of any beneficiary hereunder, whose claim may be unsatisfied.
HIL9901 B PT-1 06129/99
NOTICE TO PROCEED
Dated
TO:
(CONTRACTOR)
ADDRESS:
PROJECT:
(Insert name as it appears in the Contract Documents)
OWNER's CONTRACT NO.:
You are notified that the Contract Times under the above Contract will commence to run on
By that date, you are to start performing your obligations under the Contract Documents. In accordance with Article
3 of the Agreement the date of Substantial Completion is and the date of readiness
for final payment is
Before you may start any Work at the Site, paragraph 2.05.C of the General Conditions provides that you must
deliver to the OWNER (with copies to ENGINEER and other identified additional insureds) certificates of insurance
which you are required to purchase and maintain in accordance with the Contract Documents.
Also, before you may start any Work at the Site, you must
(add other requirements)
(OWNER)
By:
(AUTHORIZED SIGNATURE)
(TITLE)
Copy to ENGINEER
HIL9901 B NP-1 06129/99
GENERAL CONDITIONS
These GENERAL CONDITIONS have been developed under License
Agreement from the Engineers Joint Contract Documents Committee,
using their STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT, EJCDC No. 1910-8 (1996 Edition). As
required by the License Agreement, changes to that document are shown
by underlining text that has been added and striking through text that has
been deleted.
Copyright ®1996
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314
American Consulting Engineers Council
1015 15'h Street, N.W., Washington, DC 20005
American Society of Civil Engineers
345 East 47'" Street, New York, NY 10017

TABLE OF CONTENTS
I Paqe
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY .....................................................................................................1
1.01 Defined Terms ...................................................................................................................................................1
1.02 Terminology ....................................................................................................................................................... 4
ARTICLE 2 -PRELIMINARY MATTERS ...................................................................................................................... 4
2.01 Delivery of Bonds .
2.02 Copies of Documents ........................................................................................................................................ 4
2.03 Commencement of Contract Times, Notice to Proceed .................................................................................... 5
2.04 Starting the Work .............................................................................................................................................. 5
2.05 Before Starting Construction ............................................................................................................................. 5
2.06 Preconstruction Conference .............................................................................................................................. 5
2.07 Initial Acceptance of Schedules ........................................................................................................................ 5
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ................................................................. 6
3.01 Intent ................................................................................................................................................................. 6
3.02 Reference Standards ........................................................................................................................................6
3.03 Reporting and Resolving Discrepancies ........................................................................................................... 6
3.04 Amending and Supplementing Contract Documents ........................................................................................ 7
3.05 Reuse of Documents ......................................................................................................................................... 7
' ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS.. 7
4.01 Availability of Lands ........................................................................................................................................... 7
4.02 Subsurface and Physical Conditions ................................................................................................................. 87
4.03 Differing Subsurface or Physical Conditions .....................................................................................................
4.04 Underground Facilities ...................................................................................................................................... 9
' 4.05 Reference Points .............................................................................................................................................10
4.06 Hazardous Environmental Condition at Site ....................................................................................................10
ARTICLE 5 - BONDS AND INSURANCE ................................................................................................................... 12
' 5.01 Performance, Payment, and Other Bonds ......................................................................................................
5.02 Licensed Sureties and Insurers ....................................................................................................................... 12
12
5.03 Certificates of Insurance ................................................................................................................................. 12
5.04 CONTRACTOR's Liability Insurance ...............................................................................................................
5.05 OWNER's Liability Insurance ..........................................................................................................................
5.06 Property Insurance ..........................................................................................................................................
5.07 Waiver of Rights ..............................................................................................................................................
5.08 Receipt and Application of Insurance Proceeds .............................................................................................
5.09 Acceptance of Bonds and Insurance; Option to Replace ................................................................................
5.10 Partial Utilization, Acknowledgment of Property Insurer .................................................................................
5.11 Railroad Protective Liability Insurance ............................................................................................................
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ................................................................................................ 12
14
14
15
16
16
17
17
17

' 6.01 Supervision and Superintendence ..................................................................................................................
6.02 Labor, Working Hours .....................................................................................................................................
6.03 Services, Materials, and Equipment ...............................................................................................................
6.04 Progress Schedule ..........................................................................................................................................
6.05 Substitutes and "Or-Equals .............................................................................................................................
6.06 Concerning Subcontractors, Suppliers, and Others ........................................................................................
6.07 Patent Fees and Royalties ..............................................................................................................................
6.08 Permits ............................................................................................................................................................ 17
17
18
18
18
20
21
21
6.09 Laws and Regulations ..................................................................................................................................... 22
HIL9901 B GC-I 06/29/99
12.02 Change of Contract Times ............................................................... ....... 38
12.03 Delays Beyond CONTRACTOR's Control .................................................................................................... 38
12.04 Delays Within CONTRACTOR's Control. ...................................................................................................... 38
12.05 Delays Beyond OWNER's and CONTRACTOR's Control ............................................................................ 38
12.06 Delay Damages ............................................................................................................................................. 38
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE
WORK ......................................................................................................................................................................... 39
13.01 Notice of Defects ........................................................................................................................................... 39
13.02 Access to Work ............................................................................................................................................. 39
13.03 Tests and Inspections ................................................................................................................................... 39
13.04 Uncovering Work ........................................................................................................................................... 40
13.05 OWNER May Stop the Work ......................................................................................................................... 40
13.06 Correction or Removal of Defective Work ..................................................................................................... 40
13.07 Correction Period .......................................................................................................................................... 40
13.08 Acceptance of Defective Work ...................................................................................................................... 41
13.09 OWNER May Correct Defective Work .......................................................................................................... 41
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ....................................................................... 41

' 14.01 Schedule of Values .......................................................................................................................................
14.02 Progress Payments .......................................................................................................................................
14.03 CONTRACTOR's Warranty of Title ...............................................................................................................
14.04 Substantial Completion .................................................................................................................................
.
14.05 Partial Utilization ................................. 41
42
43
43
44
..........................................................................................................
14.06 Final Inspection .................................. .
14.07 Final Payment ..............................................................................................................................................
14.08 Final Completion Delayed .............................................................................................................................
14.09 Waiver of Claims .......................................................................................... ............................................ 45
45
46
46

' ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ................................................................................
15.01 OWNER May Suspend Work ........................................................................................................................
15.02 OWNER May Terminate for Cause ...............................................................................................................
15.03 OWNER May Terminate For Convenience ...................................................................................................
15.04 CONTRACTOR May Stop Work or Terminate ..............................................................................................
ARTICLE 16 - DISPUTE RESOLUTION .................................................................................................................... 46
46
46
47
47
47
16.01 Methods and Procedures .............................................................................................................................. 47
ARTICLE 17 - MISCELLANEOUS .............................................................................................................................. 47
. 47
...
17.01 Giving Notice ......................................................................... ....................................................................
48
17.02 Computation of Times ............................................................... ....................................................................
17.03 Cumulative Remedies ............................................................... .................................................................... 48
. 48
..........................
17.04 Survival of Obligations .................................... ....................................................................
4
8
17.05 Controlling Law .......................................................................... ....................................................................
48
17.06 Siltation and Erosion ................................................................. ....................................................................
....
Right-of-Way
k In State Highwa
07 W
17 .................................................................... 48
....................................
y
or
.
HIL9901 B GC-iii 06/29199

IJ
GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in the Contract Documents and
printed with initial or all capital letters, the terms listed
below will have the meanings indicated which are
applicable to both the singular and plural thereof.
' 1. Addenda--Written or graphic instruments
issued prior to the opening of Bids which clarify,
correct, or change the Bidding Requirements or
the Contract Documents.
' 2. Agreement--The written instrument which is
evidence of the agreement between OWNER and
CONTRACTOR covering the Work.
3. Application for Payment--The form acceptable
to ENGINEER which is to be used by
' CONTRACTOR during the course of the Work in
requesting progress or final payments and which is
to be accompanied by such supporting
documentation as is required by the Contract
Documents.
4. Asbestos--Any material that contains more
' than one percent asbestos and is friable or is
releasing asbestos fibers into the air above current
action levels established by the United States
Occupational Safety and Health Administration.
5. Bid--The offer or proposal of a bidder
submitted on the prescribed form setting forth the
prices for the Work to be performed.
6. Bidding Documents--The Bidding
Requirements and the proposed Contract
Documents (including all Addenda issued prior to
receipt of Bids).
7. Bidding Requirements--The Advertisement for
Bids eF invitation to , Instructions to Bidders,
Bid security form, if any, and the Bid form with any
supplements.
8. Bonds--Performance and payment bonds and
other instruments of security.
' 9. Change Order--A document recommended by
ENGINEER which is signed by CONTRACTOR
and OWNER and authorizes an addition, deletion,
or revision in the Work or an adjustment in the
Contract Price or the Contract Times, or both,
issued on or after the Effective Date of the
Agreement.
10. Claim--A demand or assertion by OWNER or
CONTRACTOR seeking an adjustment of
Contract Price or Contract Times, or both, or other
relief with respect to the terms of the Contract. A
demand for money or services by a third party is
not a Claim.
11. Contract--The entire and integrated written
agreement between the OWNER and
CONTRACTOR concerning the Work. The
Contract supersedes prior negotiations,
representations, or agreements, whether written or
oral.
12. Contract Documents--The Contract Documents
establish the rights and obligations of the parties
and include the Agreement, Addenda (which
pertain to the Contract Documents),
CONTRACTOR's Bid (including documentation
accompanying the Bid and any post Bid
documentation submitted prior to the Notice of
Award) when attached as an exhibit to the
Agreement, the Notice to Proceed, the Bonds,
these General Conditions, the Supplementary
Conditions (if included), the Specifications and the
Drawings as the same are more specifically
identified in the Agreement, together with all
Written Amendments, Change Orders, Work
Change Directives, Field Orders, and
ENGINEER's written interpretations and
clarifications issued on or after the Effective Date
of the Agreement. Approved Shop Drawings and
the reports and drawings of subsurface and
physical conditions and the reports and drawings
relating to a Hazardous Condition are not Contract
Documents. Only printed or hard copies of the
items listed in this paragraph are Contract
Documents. Files in electronic media format of
text, data, graphics, and the like that may be
furnished by OWNER to CONTRACTOR are not
Contract Documents.
13. Contract Price--The moneys payable by
OWNER to CONTRACTOR for completion of the
Work in accordance with the Contract Documents
as stated in the Agreement (subject to the
provisions of paragraph 11.03 in the case of Unit
Price Work).
HIL9901B GC- 1 06/29/99

mixed with other non-Hazardous Waste and crude
oils.
34. Project--The total construction of which the
Work to be performed under the Contract
e Documents may be the whole, or a part as may be
indicated elsewhere in the Contract Documents.
35. Project Manual- The bound documentary
information prepared for bidding and constructing
the Work. A listing of the contents of the Project
Manual, which may be bound in one or more
volumes, is contained in the table(s) of contents.

36. Radioactive Material--Source, special
nuclear, or byproduct material as defined by the
Atomic Energy Act of 1954 (42 USC Section 2011
et seq.) as amended from time to time.
37. Resident Project Representative--The
authorized representative of ENGINEER who may
be assigned to the Site or any part thereof.
38. Samples--Physical examples of materials,
equipment, or workmanship that are
representative of some portion of the Work and
which establish the standards by which such
' portion of the Work will be judged.
39. Shop Drawings--All drawings, diagrams,
illustrations, schedules, and other data or
' information which are specifically prepared or
assembled by or for CONTRACTOR and
submitted by CONTRACTOR to illustrate some
' portion of the Work.
40. Site--Lands or areas indicated in the
Contract Documents as being furnished by
OWNER upon which the Work is to be performed,
including rights-of-way and easements for access
thereto, and such other lands furnished by
' OWNER which are designated for the use of
CONTRACTOR.
41. Specifications--That part of the Contract
Documents consisting of written technical
descriptions of materials, equipment, systems,
standards, and workmanship as applied to the
Work and certain administrative details applicable
thereto.
' 42. Subcontractor--An individual or entity
having a direct contract with CONTRACTOR or
with any other Subcontractor for the performance
of a part of the Work at the Site.
HIL9901 B GC- 3
43. 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.
44. Supplementary Conditions--That part of
the Contract Documents which amends or
supplements these General Conditions.
45. 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 any Subcontractor.
46. Underground Facilities--All underground
pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such
facilities or attachments, and any encasements
containing such facilities, including those that
convey electricity, gases, steam, liquid petroleum
products, telephone or other communications,
cable television, water, wastewater, storm water,
other liquids or chemicals, or traffic or other
control systems, or as otherwise defined by Laws
and Regulations.
47. Unit Price Work--Work to be paid for on
the basis of unit prices.
48. Work--The entire completed construction
or the various separately identifiable parts thereof
required to be provided under the Contract
Documents. Work includes and is the result of
performing or providing all labor, services, and
documentation necessary to produce such
construction, and furnishing, installing, and
incorporating all materials and equipment into
such construction, all as required by the Contract
Documents.
49. Work Change Directive--A written
statement to CONTRACTOR issued on or after
the Effective Date of the Agreement and signed by
OWNER and recommended by ENGINEER
ordering an addition, deletion, or revision in the
Work, or responding to differing or unforeseen
subsurface or physical conditions under which the
06/29/99
Documents. Additional copies will be furnished Dy
ENGINEER, upon request at the cost of reproduction,
handling, and shipping.
2.03 Commencement of Contract Times; Notice to
Proceed
A. The Contract Times will commence to run on
the thiFtieth day aftOF the liffeGfive Date of the
AgFeeMeRt OF, if a NetiGe to PFeGeed ;6 given, on the
day indicated in the Notice to Proceed. A Notice to
Proceed may be given at any time within 30 days
after the Effective Date of the Agreement, or as
otherwise required by Laws and Regulations. in no
than the sbdieth day afteF the day of Bid epeRing e
the thiFtieth day afteF the OfeGfive Date of the
2.04 Starting the Work
A. CONTRACTOR shall start to perform the Work
on the date when the Contract Times commence to
run. No Work shall be done at the Site prior to the
date on which the Contract Times commence to run.
2.05 Before Starting Construction
A. CONTRACTOR's Review of Contract
Documents: Before undertaking each part of the
Work, CONTRACTOR shall carefully study and
compare the Contract Documents and check and
verify pertinent figures therein and all applicable field
measurements. CONTRACTOR shall promptly
report in writing to ENGINEER any conflict, error,
ambiguity, or discrepancy which CONTRACTOR may
discover and shall obtain a written interpretation or
clarification from ENGINEER before proceeding with
any Work affected thereby; however, 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 knew or reasonably should have
known thereof.
B. Preliminary Schedules: Within ten days after
the Effective Date of the Agreement (unless
otherwise specified in the General Requirements),
and as prepared in accordance with the requirements
of the Contract Documents, CONTRACTOR shall
submit to ENGINEER for its timely review:
1. a preliminary progress schedule indicating
the times (numbers of days or dates) for starting
and completing the various stages of the Work,
including any Milestones specified in the Contract
Documents;
2. a preliminary schedule of Shop Drawing
and Sample submittals which will list each
required submittal and the times for submitting,
such submittal; and
3. a preliminary schedule of values for all of
the Work which includes quantities and prices of
items which when added together equal the
Contract Price and subdivides the Work into
component parts in sufficient detail to serve as the
basis for progress payments during performance
of the Work. Such prices will include an
appropriate amount of overhead and profit
applicable to each item of Work.
C. Evidence of Insurance: Before any Work at
the Site is started, CONTRACTOR aRd €R shall
ead"eliver to OWNER the et-hef, with copies to
each additional insured identified in Article 5 the
certificates of insurance
(and other evidence of insurance which OWNER
either of them r any additional insured may
reasonably request) which CONTRACTOR is and
required to purchase and
maintain in accordance with Article 5. Prior to the
start of the Work, insurance shall be acceptable to
OWNER in accordance with paragraph 5.09.
2.06 Preconstruction Conference
A. Within 20 days after the Contract Times start to
run, but befeFe any WGFk at the Site is , a
conference attended by CONTRACTOR, ENGINEER,
and others as appropriate will be held to establish a
working understanding among the parties as to the
Work and to discuss the schedules referred to in
paragraph 2.05.6, procedures for handling Shop
Drawings and other submittals, processing
Applications for Payment, and maintaining required
records.
2.07 Initial Acceptance of Schedules
A. Unless otherwise provided in the Contract
Documents, at least ten days before submission of
the first Application for Payment a-Ggnfefense
attended by CONT-RAGTOR, ENGINEER, and -ethers
as-appFepraate-will be-Meld-to review for acceptability
to ENGINEER as provided below the schedules
submitted in accordance with paragraph 2.05.B.
CONTRACTOR shall have an additional ten days to
make corrections and adjustments and to complete
and resubmit the schedules. No progress payment
HIL1901B GC- 5 06/29/99
1. Except as may be otherwise specifically
stated in the Contract Documents, the provisions
of the Contract Documents shall take precedence
in resolving any conflict, error, ambiguity, or
discrepancy between the provisions of the
Contract Documents and:
a. the provisions of any standard,
specification, manual, code, or instruction
(whether or not specifically incorporated by
reference in the Contract Documents); or
b. the provisions of any Laws or
Regulations applicable to the performance of
the Work (unless such an interpretation of the
provisions of the Contract Documents would
result in violation of such Law or Regulation).
3.04 Amending and Supplementing Contract
Documents
A. The Contract Documents may be amended to
provide for additions, deletions, and revisions in the
Work or to modify the terms and conditions thereof in
one or more of the following ways: (i) a Written
Amendment; (ii) a Change Order; or (iii) a Work
Change Directive.
B. The requirements of the Contract Documents
may be supplemented, and minor variations and
deviations in the Work may be authorized, by one or
more of the following ways: (i) a Field Order; (ii)
ENGINEER's approval of a Shop Drawing or Sample;
or (iii) ENGINEER's written interpretation or
clarification.
3.05 Reuse of Documents
A. CONTRACTOR and any Subcontractor or
Supplier or other individual or entity performing or
furnishing any of the Work under a direct or indirect
contract with OWNER: (i) shall not 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 ENGINEER's Consultant, including
electronic media editions; and (ii) shall not reuse any
of 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
adaption by ENGINEER. This prohibition will survive
final payment, completion, and acceptance of the
Work, or termination or completion of the Contract.
Nothing herein shall preclude CONTRACTOR from
retaining copies of the Contract Documents for record
purposes.
ARTICLE 4 - AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
4.01 Availability of Lands
A. OWNER shall furnish the Site. OWNER shall
notify CONTRACTOR of any encumbrances or
restrictions not of general application but specifically
related to use of the Site with which CONTRACTOR
must comply in performing the Work. OWNER will
obtain in a timely manner and pay for easements for
permanent structures or permanent changes in
existing facilities. If CONTRACTOR and OWNER are
unable to agree on entitlement to or on the amount or
extent, if any, of any adjustment in the Contract Price
or Contract Times, or both, as a result of any delay in
OWNER's furnishing the Site, CONTRACTOR may
make a Claim therefor as provided in paragraph
10.05.
B. Upon reasonable written request, OWNER
shall furnish CONTRACTOR with a current statement
of record legal title and legal description of the lands
upon which the Work is to be performed and
OWNER's interest therein as necessary for giving
notice of or filing a mechanic's or construction lien
against such lands in accordance with applicable
Laws and Regulations.
C. CONTRACTOR shall provide for all additional
lands and access thereto that may be required for
temporary construction facilities or storage of
materials and equipment.
1. Copies of agreements entered into by
CONTRACTOR for use of additional lands and
access thereto shall be provided to OWNER.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings: Paragraphs 4.02.C
and 4.02.D identify:
1. those reports of explorations and tests of
subsurface conditions at or contiguous to the Site
that ENGINEER has used in preparing the
Contract Documents; and
2. those drawings of physical conditions in or
relating to existing surface or subsurface
structures at or contiguous to the Site (except
HIL9901 B GC- 7 06/29/99
will promptly review the pertinent condition, determine
the necessity of OWNER's obtaining additional
exploration or tests with respect thereto, and advise
OWNER in writing (with a copy to CONTRACTOR) of
ENGINEER's findings and conclusions.
C. Possible Price and Times Adjustments
1. The Contract Price or the Contract Times,
or both, will be equitably adjusted to the extent that
the existence of such differing subsurface or
physical condition causes an increase or decrease
in CONTRACTOR's cost of, or time required for,
performance of the Work; subject, however, to the
following:
a. such condition must meet any one or
both Mere of the categories described in
paragraph 4.03.A; and
b. with respect to Work that is paid for on
a Unit Price Basis, any adjustment in Contract
Price will be subject to the provisions of
paragraphs 9.08 and 11.03.
2. CONTRACTOR shall not be entitled to any
adjustment in the Contract Price or Contract
Times if:
a. CONTRACTOR knew of the existence
of such conditions at the time CONTRACTOR
made a final commitment to OWNER in
respect of Contract Price and Contract Times
by the submission of a Bid or becoming bound
under a negotiated contract; or
b. the existence of such condition could
reasonably have been discovered or revealed
as a result of any examination, investigation,
exploration, test, or study of the Site and
contiguous areas required by the Bidding
Requirements or Contract Documents to be
conducted by or for CONTRACTOR prior to
CONTRACTOR's making such final
commitment; or
c. CONTRACTOR failed to give the
written notice within the time and as required
by paragraph 4.03.A.
3. if OWNER and CONTRACTOR are unable
to agree on entitlement to or on the amount or
extent, if any, of any adjustment in the Contract
Price or Contract Times, or both, a Claim may be
made therefor as provided in paragraph 10.05.
However, OWNER, ENGINEER, and
ENGINEER's Consultants shall not be liable to
CONTRACTOR for any claims, costs, losses, or
damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or
other dispute resolution costs) sustained by
CONTRACTOR on or in connection with any other
project or anticipated project.
4.04 Underground Facilities
A. Shown or Indicated: The information and data
shown or indicated in the Contract Documents with
respect to existing Underground Facilities at or
contiguous to the Site is based on information and
data furnished to OWNER or ENGINEER by the
owners of such Underground Facilities, including
OWNER, or by others.
1. OWNER, except for OWNER's
Underground Facilities, and ENGINEER shall not
be responsible for the accuracy or completeness
of any such information or data; and.
2. The the cost of all of the following will be
included in the Contract Price, and
CONTRACTOR shall have full responsibility for:
a. reviewing and checking all such
information and data,
b. locating all Underground Facilities
shown or indicated in the Contract Documents,
c. coordination of the Work with the
owners of such Underground Facilities,
including OWNER, during construction, and
d. the safety and protection of all such
Underground Facilities and repairing any
damage thereto resulting from the Work,
unless otherwise required by Laws and
Regulations.
3. Responsibilities pertaining to Underground
Facilities shall be in accordance with Laws and
Regulations. Particular attention is directed to the
North Carolina "Underground Damage Prevention
Act", G.S.87. Article 3.
B. Not Shown or Indicated
1. If an Underground Facility is uncovered or
revealed at or contiguous to the Site which was
not shown or indicated, or not shown or indicated
HIL9901B GC- 9 06/29/99

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
any Hazardous Environmental Condition uncovered
or revealed at the Site which was not shown or
indicated in Drawings or Specifications or identified in
the Contract Documents to be within the scope of the
Work. CONTRACTOR shall be responsible for a
Hazardous Environmental Condition created with any
materials brought to the Site by CONTRACTOR,
Subcontractors, Suppliers, or anyone else for whom
CONTRACTOR is responsible.
D. If CONTRACTOR encounters a Hazardous
Environmental Condition or if CONTRACTOR or
anyone for whom CONTRACTOR is responsible
creates a Hazardous Environmental Condition,
CONTRACTOR shall immediately: (i) secure or
otherwise isolate such condition; (ii) stop all Work in
connection with such condition and in any area
affected thereby (except in an emergency as required
by paragraph 6.16); and (iii) notify OWNER and
ENGINEER (and promptly thereafter confirm such
notice in writing). OWNER shall promptly consult with
ENGINEER concerning the necessity for OWNER to
retain a qualified expert to evaluate such condition or
take corrective action, if any.
E. CONTRACTOR shall not be required to
resume Work in connection with such condition or in
any affected area until after OWNER has obtained
any required permits related thereto and delivered to
CONTRACTOR written notice: (i) specifying that such
condition and any affected area is or has been
rendered safe for the resumption of Work; or (ii)
specifying any special conditions under which such
Work may be resumed safely. If OWNER and
CONTRACTOR cannot agree as to entitlement to or
on the amount or extent, if any, of any adjustment in
Contract Price or Contract Times, or both, as a result
of such Work stoppage or such special conditions
under which Work is agreed to be resumed by
CONTRACTOR, either party may make a Claim
therefor as provided in paragraph 10.05.
HIL9901B
GC- 11
F. If after receipt of such written notice
CONTRACTOR does not agree to resume such
Work based on a reasonable belief it is unsafe, or
does not agree to resume such Work under such
special conditions, then OWNER may order the
portion of the Work that is in the area affected by
such condition to be deleted from the Work. If
OWNER and CONTRACTOR cannot agree as to
entitlement to or on the amount or extent, if any, of an
adjustment in Contract Price or Contract Times, or
both, as a result of deleting such portion of the Work,
then either party may make a Claim therefor as
provided in paragraph 10.05. OWNER may have
such deleted portion of the Work performed by
OWNER's own forces or others in accordance with
Article 7.
G. To the fullest extent permitted by Laws and
Regulations, OWNER shall indemnify and hold
harmless CONTRACTOR, Subcontractors,
ENGINEER, ENGINEER's Consultants and the
officers, directors, shareholders, partners,
employees, agents, other consultants, and
subcontractors of each and any of them from and
against all claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other
professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to a
Hazardous Environmental Condition, provided that
such Hazardous Environmental Condition: (i) was not
shown or indicated in the Drawings or Specifications
or identified in the Contract Documents to be included
within the scope of the Work, and (ii) was not created
by CONTRACTOR or by anyone for whom
CONTRACTOR is responsible. Nothing in this
paragraph 4.06.E shall obligate OWNER to indemnify
any individual or entity from and against the
consequences of that individual's or entity's own
negligence.
H. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and
hold harmless OWNER, ENGINEER, ENGINEER's
Consultants, and the officers, directors, shareholders,
partners, employees, agents, other consultants, and
subcontractors of each and any of them from and
against all claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other
professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to a
Hazardous Environmental Condition created by
CONTRACTOR or by anyone for whom
CONTRACTOR is responsible. Nothing in this
paragraph 4.06.F shall obligate CONTRACTOR to
06/29/99

r

n

2. claims for damages because of bodily
injury, occupational sickness or disease, or death
of CONTRACTOR's employees;
3. claims for damages because of bodily
injury, sickness or disease, or death of any person
other than CONTRACTOR's employees;
4. claims for damages insured by reasonably
available personal injury liability coverage which
are sustained: (i) by any person as a result of an
offense directly or indirectly related to the
employment of such person by CONTRACTOR,
or (ii) by any other person for any other reason;
5. claims for damages, other than to the
Work itself, because of injury to or destruction of
tangible property wherever located, including loss
of use resulting therefrom; and
6. claims for damages because of bodily
injury or death of any person or property damage
arising out of the ownership, maintenance or use
of any motor vehicle.
B. The policies of insurance so required by this
paragraph 5.04 to be purchased and maintained
shall:
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2. include at least the specific coverages and
be written for not less than the limits of liability
provided in paragraph 5.04.C the SupplementaFy
Conditions or required by Laws or Regulations,
whichever is greater;
3. include products - completed operations
insurance;
4. include contractual liability insurance
covering CONTRACTOR's indemnity obligations
under paragraphs 6.07, 6.11, and 6.20.
5. contain a provision or endorsement that
the coverage afforded will not be canceled,
materially changed or renewal refused until at
least thirty days prior written notice has been given
to OWNER and CONTRACTOR and to eaGh 9
been i6seed--(and the certificates of insurance
furnished by the CONTRACTOR pursuant to
paragraph 5.03 will so provide);
6. remain in effect at least until final payment
and at all times thereafter when CONTRACTOR
may be correcting, removing, or replacing
defective Work in accordance with paragraph
13.07; and
7. with respect to completed operations
insurance, and any insurance coverage written on
a claims-made basis, remain in effect for at least
two years after final payment (and CONTRACTOR
shall furnish OWNER
been evidence satisfactory to OWNER
of continuation of
such insurance at final payment and one year
thereafter).
C. The limits of liability for the insurance required
by this paragraph 5.04 shall provide coverage for not
less than the following amounts or greater where
required by Laws and Regulations:
1. Workers' Compensation, and related
coverages under paragraphs 5.04.A.1 and A.2:
a. State: Statutory
IL. Applicable Federal (e.g.,
Longshorman's): Statutory
c. Employer's Liability: $1.000.000
2. Contractor's General Liability under
paragraphs 5.04.A.3 through A.6 which shall
include completed operations and product liability
coverages:
a. General Aggregate $2.000.000
b. Products - Completed
HIL9901B GC- 13 06129/99

1

1

1

This insurance shall:
1. include the interests of OWNER,
CONTRACTOR, Subcontractors, ENGINEER,
ENGINEER's Consultants, and any other
individuals or entities
and the officers,
directors, shareholders, partners, employees,
agents, and other consultants and subcontractors
of each-,arid-any of them,
deemed to have an insurable interest and shall be
listed as an additional ;nsu
2. be written on a Builder's Risk "ail-risk" or
open peril or special causes of loss policy form
that shall at least include insurance for physical
loss and er damage to the Work, temporary
buildings, falsework, and materials and equipment
in transit, and shall insure against at least the
following perils or causes of loss: fire, lightning,
extended coverage, theft, vandalism and
malicious mischief, earthquake, collapse, debris
removal, demolition occasioned by enforcement of
Laws and Regulations, water damage, and such
other perils or causes of loss as may be
spesi#isally required by Laws and Regulations -the
3. include expenses incurred in the repair or
replacement of any insured property (including but
not limited to fees and charges of engineers and
architects);
4. cover materials and equipment stored at
the Site or at another approved location that was
agreed to OA WFitiRg by OWNER prior to being
incorporated in the Work, provided that such
materials and equipment have been included in an
Application for Payment recommended by
ENGINEER;
5. allow for partial utilization of the Work by
OWNER;
6. include testing and startup; and
7. be maintained in effect until final payment
is made unless otherwise agreed to in writing by
OWNER, CONTRACTOR, and ENGINEER with
30 days written notice to each other additional
insured to whom a certificate of insurance has
been issued.
B. CONTRACTOR OWNJSR shall purchase and
maintain such boiler and machinery insurance or
HIL9901B
GC- 15
additional property insurance as may be appropriate
or may be required by
of Laws and Regulations which will include the
interests of OWNER, CONTRACTOR,
Subcontractors, ENGINEER, ENGINEER's
Consultants, and any other individuals or entities
whem "r deemed to have an insurable interest and
shall be listed as an *RSUFed OF additiGRal iRSUFe .
C. All the policies of insurance (and the
certificates or other evidence thereof) required to be
purchased and maintained by CONTRACTOR in
accordance with this paragraph 5.06 will contain a
provision or endorsement that the coverage afforded
will not be canceled or materially changed or renewal
refused until at least 30 days prior written notice has
been given to OWNER and CONTRACTOR and to
each other additional insured to whom a certificate of
insurance has been issued and will contain waiver
provisions in accordance with paragraph 5.07.
D. CONTRACTOR shall be responsible for an
deductible or self-insured retention. OWNER shag
an; dedun tiblle amp nom, ,nts that aFe identified in thn
SupplementaFy GORditions. The Fisk of less wi
?Ry SUGh less, aRd it any of them wishes pFopeFty
IRSuFaRGe Goveinage within the limits of suGh amounts-,
ea
own expense.
9. if CONTRACTOR requests iR WFitiRg that et
OWNER shall, if possible, ;RGlude SUGh ,
any the -sect thereof will be charged-to
CONTRACTOR by appFC)pFiate Change GFdeF OF
Work at the Site, OWNER shall il; WFitiRg advise
has been pFOGuFed by OWNER.
5.07 Waiver of Rights
A. OWNER and CONTRACTOR intend that all
policies purchased in accordance with paragraph
5.06 will protect OWNER, CONTRACTOR,
Subcontractors, ENGINEER, ENGINEER's
Consultants, and all other individuals or entities
listed
06/29/99

and-CONTRACTOR shall eaGh-provide to OWNER
the-etl;9F such additional information in respect of
insurance provided as OWNER the--etheFinay
reasonably request. If CONTRACTOR e+theF pair
does not purchase or maintain all of the Bonds and
insurance required of-SUGh paFt?-by the Contract
Documents, OWNER sash--party-shall notify
CONTRACTOR the--ether-party-in writing of such
failure to purchase prior to the start of the Work, or of
such failure to maintain prior to any change in the
required coverage. Without prejudice to any other
right or remedy, OWNER the ether-party-may elect to
obtain equivalent Bonds or insurance to protect
OWNER's and CONTRACTOR's Gush-ether--party's
interests at the expense of CONTRACTOR the-party
and a
Change Order shall be issued to adjust the Contract
Price accordingly.
5.10 Partial Utilization, Acknowledgment of Property
Insurer
A. If OWNER finds it necessary to occupy or use
a portion or portions of the Work prior to Substantial
Completion of all the Work as provided in paragraph
14.05, no such use or occupancy shall commence
before the insurers providing the property insurance
pursuant to paragraph 5.06 have acknowledged
notice thereof and in writing effected any changes in
coverage necessitated thereby. The insurers
providing the property insurance shall consent by
endorsement on the policy or policies, but the
property insurance shall not be canceled or permitted
to lapse on account of any such partial use or
occupancy.
5.11 Railroad Protective Liability Insurance
A. For Work under this contract on
railroad right-of-way CONTRACTOR shall at
CONTRACTOR's sole cost and expense, procure
and provide for and in behalf of each railroad
company Protective Liability Insurance (AAA-AASHO
form) with minimum limits per occurrence of not less
than $2,000,000 for bodily injury, death and/or
property damage subiect to an aggregate limit of
$6.000,000 per annum The policy shall name each
railroad company as the insured and be issued to
CONTRACTOR. Each railroad company shall be
provided with a copy of each policy of insurance prior
to commencement of any Work.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
6.01 Supervision and Superintendence
HIL9901 B GC-17
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, but CONTRACTOR shall
not be responsible for the negligence of OWNER or
ENGINEER in the design or specification of a specific
means, method, technique, sequence, or procedure
of construction which is shown or indicated in and
expressly required by the Contract Documents.
CONTRACTOR shall be responsible to see that the
completed Work complies accurately with the
Contract Documents.
B. At all times during the progress of the Work,
CONTRACTOR shall assign a competent resident
superintendent thereto who shall not be replaced
without written notice to OWNER and ENGINEER
except under extraordinary circumstances. The
superintendent will be CONTRACTOR's
representative at the Site and shall have authority to
act on behalf of CONTRACTOR. All communications
given to or received from the superintendent shall be
binding on CONTRACTOR.
6.02 Labor, Working Hours
A. CONTRACTOR shall provide competent,
suitably qualified personnel to survey, lay out, and
construct the Work 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, and
CONTRACTOR will not permit overtime work or the
performance of Work on Saturday, Sunday, or any
legal holiday without OWNER's written consent
(which will not be unreasonably withheld) given after
prior written notice to ENGINEER. Work necessary
to be performed after regular working hours, on
Saturday Sunday and any legal holiday, and not
required by OWNER to be so scheduled to be
performed due to its effect on the public or the
OWNER's operations, such as Work causing flow
interruptions power outages equipment shut-downs,
etc. shall be performed without additional expense to
OWNER including cost of OWNER's and
ENGINEER's agents and employees required to be
present..
06/29/99
1. "Or-Equal" Items: If in ENGINEER's sole
discretion an item of material or equipment
proposed by CONTRACTOR in a written
application is functionally equal to that named and
sufficiently similar so that no change in related
Work will be required, as determined from
information submitted by CONTRACTOR, it may
be considered by ENGINEER as an "or-equal"
item, in which case review and approval of the
proposed item may, in ENGINEER's sole
discretion, be accomplished without compliance
with some or all of the requirements for approval
of proposed substitute items. For the purposes of
this paragraph 6.05.A.1, a proposed item of
material or equipment will be considered
functionally equal to an item so named if:
a. in the exercise of reasonable judgment
ENGINEER determines that: (i) it is at least
equal in quality, durability, appearance,
strength, and design characteristics; (ii) it will
reliably perform at least equally well the
function imposed by the design concept of the
completed Project as a functioning whole, and;
b. CONTRACTOR certifies that: (i) there
is no increase in cost to the OWNER; and (ii) it
will conform substantially, even with deviations,
to the detailed requirements of the item named
in the Contract Documents.
2. Substitute Items
a. If in ENGINEER's sole discretion an
item of material or equipment proposed by
CONTRACTOR does not qualify as an
"or-equal" item under paragraph 6.05.A.1, it will
be considered a proposed substitute item.
b. CONTRACTOR shall submit sufficient
information as provided below to allow
ENGINEER to determine that the item of
material or equipment proposed is essentially
equivalent to that named and an acceptable
substitute therefor. Requests for review of
proposed substitute items of material or
equipment will not be accepted by ENGINEER
from anyone other than CONTRACTOR.
c. The procedure for review by
ENGINEER will be as set forth in paragraph
6.05.A.2.d, as supplemented in the General
Requirements and as ENGINEER may decide
is appropriate under the circumstances.
d. CONTRACTOR shall first 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 shall certify that
the proposed substitute item will perform
adequately the functions and achieve the
results called for by the general design, be
similar in substance to that specified, and be
suited to the same use as that specified. The
application will state the extent, if any, to which
the use of the proposed substitute item will
prejudice CONTRACTOR's achievement of
Substantial Completion on time, whether or not
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 work
on the Project) to adapt the design to the
proposed substitute item and whether or not
incorporation or use of the proposed substitute
item in connection with the Work is subject to
payment of any license fee or royalty. All
variations of the proposed substitute item from
that specified will be identified in the
application, and available engineering, sales,
maintenance, repair, and replacement services
will be indicated. The application will also
contain an itemized estimate of all costs or
credits that will result directly or indirectly from
use of such substitute item, including costs of
redesign and claims of other contractors
affected by any resulting change, all of which
will be considered by ENGINEER in evaluating
the proposed substitute item. ENGINEER may
require CONTRACTOR to furnish additional
data about the proposed substitute item.
Substitutions will not be accepted if they are
only shown or implied on Shop Drawings.
B. Substitute Construction , Methods or
Procedures: If a specific means, method, technique,
sequence, or procedure of construction is shown or
indicated in and expressly required by the Contract
Documents, CONTRACTOR may furnish or utilize a
substitute means, method, technique, sequence, or
procedure of construction approved by ENGINEER.
CONTRACTOR shall submit sufficient information to
allow ENGINEER, in ENGINEER's sole discretion, to
determine that the substitute proposed is equivalent
to that expressly called for by the Contract
Documents. The procedure for review by ENGINEER
will be similar to that provided in subparagraph
6.05.A.2.
HIL9901B GC- 19 06129/99
DG. CONTRACTOR shall be fully responsible
to OWNER and ENGINEER for all acts and
omissions of the Subcontractors, Suppliers, and other
individuals or entities performing or furnishing any of
the Work just as CONTRACTOR is responsible for
CONTRACTOR's own acts and omissions. Nothing
in the Contract Documents 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 shall it create any obligation on the part of
OWNER or ENGINEER to pay or to see to the
payment of any moneys due any such Subcontractor,
Supplier, or other individual or entity except as may
otherwise be required by Laws and Regulations.
OWNER or ENGINEER may furnish to any such
Subcontractor, Supplier or other individual or entity to
the extent practicable, information about amounts
paid to CONTRACTOR on account of Work
performed for CONTRACTOR by a particular
Subcontractor, Supplier, or other individual or entity.
Es. CONTRACTOR shall be solely responsible
for scheduling and coordinating the Work of
Subcontractors, Suppliers, and other individuals or
entities performing or furnishing any of the Work
under a direct or indirect contract with
CONTRACTOR.
FE. CONTRACTOR shall require all
Subcontractors, Suppliers, and such other individuals
or entities performing or furnishing any of the Work to
communicate with ENGINEER through
CONTRACTOR.
GF. 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.
HG. All Work performed for CONTRACTOR by
a Subcontractor or Supplier will be pursuant to an
appropriate agreement between CONTRACTOR and
the Subcontractor or Supplier which specifically binds
the Subcontractor or Supplier to the applicable terms
and conditions of the Contract Documents for the
benefit of OWNER and ENGINEER. Whenever any
such agreement is with a Subcontractor or Supplier
who is listed as an additional insured on the property
insurance provided in paragraph 5.06, the agreement
between the CONTRACTOR and the Subcontractor
or Supplier will contain provisions whereby the
Subcontractor or Supplier waives all rights against
OWNER, CONTRACTOR, ENGINEER, ENGINEER's
Consultants, and all other individuals or entities
plemen listed
as insureds or additional insureds (and the officers,
directors, shareholders, partners, employees, agents,
and other consultants and subcontractors of each and
any of them) for all losses and damages caused by,
arising out of, relating to, or resulting from any of the
perils or causes of loss covered by such policies and
any other property insurance applicable to the Work.
If the insurers on any such policies require separate
waiver forms to be signed by any Subcontractor or
Supplier, CONTRACTOR will obtain the same.
6.07 Patent Fees and Royalties
A. CONTRACTOR shall pay all license fees and
royalties and assume all costs incident to the use in
the performance of the Work or the incorporation in
the Work of any invention, design, process, product,
or device which is the subject of patent rights or
copyrights held by others. If a particular invention,
design, process, product, or device is specified in the
Contract Documents for use in the performance of
the Work and if to the actual knowledge of OWNER
or ENGINEER its use is subject to patent rights or
copyrights calling for the payment of any license fee
or royalty to others, the existence of such rights shall
be disclosed by OWNER in the Contract Documents.
To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and
hold harmless OWNER, ENGINEER, ENGINEER's
Consultants, and the officers, directors, shareholders,
partners, employees or agents, and other consultants
of each and any of them from and against all claims,
costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising
out of or relating to any infringement of patent rights
or copyrights incident to the use in the performance of
the Work or resulting from the incorporation in the
Work of any invention, design, process, product, or
device not specified in the Contract Documents.
6.08 Permits
A. OWNER will obtain the required building permit
for permanent structures.
CONTRACTOR
shall obtain and pay for all other construction permits
and licenses necessary for execution of the Work.
OWNER shall assist CONTRACTOR, when
necessary, in obtaining such permits and licenses.
CONTRACTOR shall pay all governmental charges
and inspection fees necessary for the prosecution of
the Work which are applicable at the time of opening
HIL9901B GC- 21 06/29/99
1
based upon CONTRACTOR's performance of the
Work.
B. Removal of Debris During Performance of the
Work. During the progress of the Work
CONTRACTOR shall keep the Site and other areas
free from accumulations of waste materials, rubbish,
and other debris. Removal and disposal of such
waste materials, rubbish, and other debris shall
conform to applicable Laws and Regulations.
C. Cleaning: Prior to Substantial Completion of
the Work CONTRACTOR shall clean the Site and
make it ready for utilization by OWNER. At the
completion of the Work CONTRACTOR shall remove
from the Site all tools, appliances, construction
equipment and machinery, and surplus materials and
shall restore to original condition all property not
designated for alteration by the Contract Documents.
D. Loading Structures: CONTRACTOR shall not
load nor permit any part of any structure to be loaded
in any manner that will endanger the structure, nor
shall CONTRACTOR subject any part of the Work or
adjacent property to stresses or pressures that will
endanger it.
6.12 Record Documents
A. CONTRACTOR shall maintain in a safe place
at the Site one record copy of all Drawings,
Specifications, Addenda, Written Amendments,
Change Orders, Work Change Directives, Field
Orders, and written interpretations and clarifications
in good order and, as required by the General
Requirements, annotated to show changes made
during construction. These record documents
together with manufacturers' instructions, reports, all
approved Samples and a counterpart of all approved
Shop Drawings will be available to ENGINEER for
reference. Upon completion of the Work, and prior to
issuance of a certificate of Substantial Completion,
these record documents, manufacturer's instructions,
reports. Samples, and Shop Drawings will be
delivered to ENGINEER for OWNER.
6.13 Safety and Protection
A. CONTRACTOR shall be solely responsible for
initiating, maintaining and supervising all safety
precautions and programs in connection with the
Work. CONTRACTOR shall take all necessary
precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury or
loss to:
1. all persons on the Site or who may be
affected by the Work;
2. all the Work and materials and equipment
to be incorporated therein, whether in storage on
or off the Site; and
3. other property at the Site or adjacent
thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities, and
Underground Facilities not designated for removal,
relocation, or replacement in the course of
construction.
B. CONTRACTOR shall comply with all applicable
Laws and Regulations relating to the safety of
persons or property, or to the protection of persons or
property from damage, injury, or loss; and shall erect
and maintain all necessary safeguards for such safety
and protection. CONTRACTOR shall notify owners of
adjacent property and of Underground Facilities and
other utility owners when prosecution of the Work
may affect them, and shall cooperate with them in the
protection, removal, relocation, and replacement of
their property. All damage, injury, or loss to any
property referred to in paragraph 6.13.A.2 or 6.13.A.3
caused, directly or indirectly, in whole or in part, by
CONTRACTOR, any Subcontractor, Supplier, or any
other individual or entity directly or indirectly employed
by any of them to perform any of the Work, or anyone
for whose acts any of them may be liable, shall be
remedied by CONTRACTOR (except damage or loss
attributable to the fault of Drawings or Specifications
or to the acts or omissions of OWNER or ENGINEER
or ENGINEER's Consultant, 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). CONTRACTOR's duties and
responsibilities for safety and for protection of the
Work shall continue until such time as all the Work is
completed and ENGINEER has issued a notice to
OWNER and CONTRACTOR in accordance with
paragraph 14.07.6 that the Work is acceptable
(except as otherwise expressly provided in.
connection with Substantial Completion).
6.14 Safety Representative
A. CONTRACTOR shall designate a qualified and
experienced safety representative at the Site whose
duties and responsibilities shall be the prevention of
accidents and the maintaining and supervising of
safety precautions and programs.
HIL9901B GC- 23 06/29/99
?1
E. ENGINEER's Review
1. ENGINEER will timely review and approve
Shop Drawings and Samples in accordance with
the schedule of Shop Drawings and Sample
submittals acceptable to ENGINEER.
ENGINEER's review and approval will be only to
determine if the items covered by the submittals
will, after installation or incorporation in the Work,
conform to the information given in the Contract
Documents and be compatible with the design
concept of the completed Project as a functioning
whole as indicated by the Contract Documents.
2. ENGINEER's review and approval will not
extend to means, methods, techniques,
sequences, or procedures of construction (except
where a particular means, method, technique,
sequence, or procedure of construction is
specifically and expressly called for by the
Contract Documents) or to safety precautions or
programs incident thereto. It shall not include
review of quantities, dimensions, weights or
gages, fabrication processes, construction
methods, coordination with the work of other
trades or construction safety practices. The
review and approval of a separate item as such
will not indicate approval of the assembly in which
the item functions.
3. ENGINEER's review and approval of Shop
Drawings or Samples shall not relieve
CONTRACTOR from responsibility for any
variation from the requirements of the Contract
Documents unless CONTRACTOR has in writing
called ENGINEER's attention to each such
variation at the time of each submittal as required
by paragraph 6.17.D.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
approval; nor will any approval by ENGINEER
relieve CONTRACTOR from responsibility for
complying with the requirements of paragraph
6.17. D.1.
F. 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. Excessive services of
ENGINEER due to repeated failure of
CONTRACTOR to present acceptable submittals
or due to repeated presentation of unacceptable
submittals will be charged against CONTRACTOR
using ENGINEER's rates set forth in paragraph
3.03.6 of the Agreement.
6.18 Continuing the Work
A. CONTRACTOR shall carry on the Work and
adhere to the progress schedule during all disputes or
disagreements with OWNER. No Work shall be
delayed or postponed pending resolution of any
disputes or disagreements, except as permitted by
paragraph 15.04 or as OWNER and CONTRACTOR
may otherwise agree in writing.
6.19 CONTRACTOR's General Warranty and
Guarantee
A. CONTRACTOR warrants and guarantees to
OWNER, ENGINEER, and ENGINEER's Consultants
that all Work will be in accordance with the Contract
Documents and will not be defective.
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.
B. 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;
HIL9901 B GC- 25 06/29/99
1
Documents, 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 their work and will only cut or alter their work
with the written consent of ENGINEER and the others
whose work will be affected. The duties and
responsibilities of CONTRACTOR under this
paragraph are for the benefit of such utility owners
and other contractors to the extent that there are
comparable provisions for the benefit of
CONTRACTOR in said direct contracts between
OWNER and such utility owners and other
contractors.
C. If the proper execution or results of any part of
CONTRACTOR's Work depends upon work
performed by others under this Article 7,
CONTRACTOR shall inspect such other work and
promptly report to ENGINEER in writing any delays,
defects, or deficiencies in such other work that render
it unavailable or unsuitable for the proper execution
and results of CONTRACTOR's Work.
CONTRACTOR's failure to so report will constitute an
acceptance of such other work as fit and proper for
integration with CONTRACTOR's Work except for
latent defects and deficiencies in such other work.
7.02 Coordination
A. OWNER does not anticipate contracting with
others for the performance of other Work on the
Proiect at the Site.
PFGjOGt at the Site, the following will be set feFth in
44 individual eF entit
who will h
th
-. y
e
i
aetiv
tie s among the vaFiGUS GORIFaGter-s will be
authority and Fe6pensibility will be itemizedi aRd
a
Fe6pensibilities will be PFGY;ded.
R
ARTICLE 8 - OWNER'S RESPONSIBILITIES
8.01 Communications to Contractor
A. Except as otherwise provided in these General
Conditions, OWNER shall issue all communications
to CONTRACTOR through ENGINEER.
8.02 Replacement of ENGINEER
A. In case of termination of the employment of
ENGINEER, OWNER shall appoint an engineer to
whom CONTRACTOR makes no reasonable
objection, whose status under the Contract
Documents shall be that of the former ENGINEER.
8.03 Furnish Data
A. OWNER shall promptly furnish the data
required of OWNER under the Contract Documents.
8.04 Pay Promptly When Due
A. OWNER shall make payments _ to
CONTRACTOR promptly when they are due as
provided in paragraphs 14.02.C and 14.07.C.
8.05 Lands and Easements; Reports and Tests
A. OWNER's duties in respect of providing lands
and easements and providing engineering surveys to
establish reference points are set forth in paragraphs
4.01 and 4.05. Paragraph 4.02 refers to OWNER's
identifying and making available to CONTRACTOR
copies of reports of explorations and tests of
subsurface conditions and drawings of physical
conditions in or relating to existing surface or
subsurface structures at or contiguous to the Site that
have been utilized by ENGINEER in preparing the
Contract Documents.
8.06 Insurance
A. OWNER's responsibilities, if any, in respect to
purchasing and maintaining liability and property
insurance are set forth in Article 5.
8.07 Change Orders
A. OWNER is obligated to execute Change
Orders as indicated in paragraph 10.03.
8.08 Inspections, Tests, and Approvals
A. OWNER's responsibility in respect to certain
inspections, tests, and approvals is set forth in
paragraph 13.03.B.
HIL9901B GC- 27 06/29/99

2. Duties and Responsibilities of RPR:
a. Schedules: Review the progress
schedule, schedule of Shop Drawing and
Sample submittals and schedule of values
prepared by CONTRACTOR and consult with
ENGINEER concerning acceptability.
b. Conferences and Meetings: Attend
meetings with CONTRACTOR such as
preconstruction conferences, progress
meetings. job conferences and other Proiect
related meetings. Prepare and circulate copies
of minutes of preconstruction conference.
(CONTRACTOR responsible for preparinq and
circulating copies of minutes of progress
meetings, iob conferences, and other Proiect
related meetings.)
c. Liaison:
1) Serve as ENGINEER's liaison with
CONTRACTOR, working principally through
CONTRACTOR's superintendent and assist
in understanding the intent of the Contract
.,, Documents.
2 Assist ENGINEER in serving as
OWNER's liaison with CONTRACTOR
when CONTRACTOR's operations affect
the OWNER's on-Site operations.
3Z Assist in obtaining from OWNER
additional details or information, when
required for proper execution of the Work.
d. Shop Drawings and Samples:
1) Record date of receipt of approved
Shop Drawings and Samples.
2) Receive Samples which are furnished
at the site by CONTRACTOR, and notify
ENGINEER of availability of Samples for
examination.
21 Advise ENGINEER and
CONTRACTOR of the commencement of
any portion of Work requiring a Shop
Drawing or Sample submittal for which RPR
believes that the submittal has not been
approved by ENGINEER.
e. Review of Work, Reiection of Defective
Work, Inspection and Tests:
1) Conduct on-Site observations of the
work in progress to assist ENGINEER in
determining if the Work is in general
Droceedina in accordance with the Contract
Documents.
Q Report to ENGINEER whenever RPR
believes that any part of CONTRACTOR's
work in progress will not produce a
completed Proiect that conforms generally
to the Contract Documents or will prejudice
the integrity of the design concept of the
completed Proiect as a functioning whole as
indicated in the Contract Documents, or has
been damaged or does not meet the
requirements of any inspection, test or
aaporoval required to be made: and advise
the ENGINEER of that part of work in
progress that RPR believes should be
corrected or reiected or should be
uncovered for observation, or requires
special testing, inspection or approval.
3) Consult with ENGINEER in advance of
scheduled maior inspections, tests, and
systems start-ups of important phases of
the Work.
4? Verify that tests, equipment, and
systems start-ups and operating and
maintenance training are conducted in the
presence of appropriate OWNER's
personnel, and that CONTRACTOR
maintains adequate records thereof.
5) Observe, record, and report to
ENGINEER appropriate details relative to
the test procedures and systems start-ups.
61 Accompany visiting inspectors
representing public or other agencies
having iurisdiction over the Proiect, record
the results of these inspections, and report
to ENGINEER.
Interpretation of Contract Documents:
Report to ENGINEER when clarifications and
interpretations of the Contract Documents are
needed and transmit to CONTRACTOR
clarifications and interpretations as issued by
ENGINEER.
g Modifications: Consider and evaluate
CONTRACTOR's suggestions for
modifications in Drawings or Specifications and
HIL9901 B GC- 29 06/29/99
L
1
a. Resident Proiect Representative shall
not:
Authorize any deviation from the
Contract Documents or substitution of
materials or equipment (including "or-equal"
items), unless authorized by ENGINEER.
2) Exceed limitations of ENGINEER's
authority as set forth in the Agreement or
the Contract Documents.
3) Undertake any of the responsibilities of
CONTRACTOR, Subcontractors, Suppliers,
or CONTRACTOR's superintendent.
4) Advise on, issue directions relative to
or assume control over any aspect of the
means, methods, techniques, sequences or
procedures of CONTRACTOR's work
unless such advice or directions are
specifically required by the Contract
Documents.
5j, Advise on, issue directions regarding
or assume control over safely precautions
and programs in connection with the
activities or operations of OWNER or
CONTRACTOR.
6) Participate in specialized field or
laboratory tests or inspections conducted
off-site by others except as specifically
authorized by ENGINEER.
I

1
1
7) Accept Shop Drawing or Sample
submittals from anyone other than
CONTRACTOR.
88) Authorize OWNER to occupy the
Project in whole or in part.
9.04 Clarifications and Interpretations
A. ENGINEER will issue with reasonable
promptness such written clarifications or
interpretations of the requirements of the Contract
Documents as ENGINEER may determine
necessary, which shall be consistent with the intent of
and reasonably inferable from the Contract
Documents. Such written clarifications and
interpretations will be binding on OWNER and
CONTRACTOR. If OWNER and CONTRACTOR are
unable to agree on entitlement to or on the amount or
extent, if any, of any adjustment in the Contract Price
or Contract Times, or both, that should be allowed as
HIL9901B GC- 31
1
a result of a written clarification or interpretation, a
Claim may be made therefor as provided in
paragraph 10.05.
9.05 Authorized Variations in Work
A. ENGINEER may authorize minor variations in
the Work from the requirements of the Contract
Documents which do not involve an adjustment in the
Contract Price or the Contract Times and are
compatible with the design concept of the completed
Project as a functioning whole as indicated by the
Contract Documents. These may be accomplished
by a Field Order and will be binding on OWNER and
also on CONTRACTOR, who shall perform the Work
involved promptly. If OWNER and CONTRACTOR
are unable to agree on entitlement to or on the
amount or extent, if any, of any adjustment in the
Contract Price or Contract Times, or both, as a result
of a Field Order, a Claim may be made therefor as
provided in paragraph 10.05.
9.06 Rejecting Defective Work
A. ENGINEER will recommend to OWNER that
OWNER knave aot+er+ty to disapprove or reject Work
which ENGINEER believes to be defective, or that
ENGINEER believes will not produce a completed
Project that conforms to the Contract Documents or
that will prejudice the integrity of the design concept
of the completed Project as a functioning whole as
indicated by the Contract Documents. ENGINEER
will also-have authority to require special inspection or
testing of the Work as provided in paragraph 13.04,
whether or not the Work is fabricated, installed, or
completed.
9.07 Shop Drawings, Change Orders and Payments
A. In connection with ENGINEER's authority as to
Shop Drawings and Samples, see paragraph 6.17.
B. In connection with ENGINEER's authority as to
Change Orders, see Articles 10, 11, and 12.
C. In connection with ENGINEER's authority as to
Applications for Payment, see Article 14.
9.08 Determinations for Unit Price Work and
Adiustment Prices:
A. ENGINEER will determine the actual quantities
and classifications of Unit Price Work and adjustment
price Work performed by CONTRACTOR.
ENGINEER will review with CONTRACTOR the
ENGINEER's preliminary determinations on such
06/29/99
10.02 Unauthorized Changes in the Work
A. CONTRACTOR shall not be entitled to an
increase in the Contract Price or an extension of the
Contract Times with respect to any work performed
that is not required by the Contract Documents as
amended, modified, or supplemented as provided in
paragraph 3.04, except in the case of an emergency
as provided in paragraph 6.16 or in the case of
uncovering Work as provided in paragraph 13.04.B.
10.03 Execution of Change Orders
A. OWNER and CONTRACTOR shall execute
appropriate Change Orders recommended by
ENGINEER (or Written Amendments) covering:
1. changes in the Work which are: (i) ordered
by OWNER pursuant to paragraph 10.01.A, (ii)
required because of acceptance of defective Work
under paragraph 13.08.A or OWNER's correction
of defective Work under paragraph 13.09, or (iii)
agreed to by the parties;
2. changes in the Contract Price or Contract
Times, or both, which are agreed to by the parties,
including any undisputed sum or amount of time
for Work actually performed in accordance with a
Work Change Directive; and
3. changes in the Contract Price or Contract
Times, or both, which embody the substance of
any written decision rendered by ENGINEER
pursuant to paragraph 10.05; provided that, in lieu
of executing any such Change Order, an appeal
may be taken from any such decision in
accordance with the provisions of the Contract
Documents and applicable Laws and Regulations,
but during any such appeal, CONTRACTOR shall
carry on the Work and adhere to the progress
schedule as provided in paragraph 6.18..A.
10.04 Notification to Surety
A. If notice of any change affecting the general
scope of the Work or the provisions of the Contract
Documents (including, but not limited to, Contract
Price or Contract Times) is required by the provisions
of any Bond to be given to a surety, the giving of any
such notice will be CONTRACTOR's responsibility.
The amount of each applicable Bond will be adjusted
to reflect the effect of any such change.
10.05 Claims and Disputes
A. Notice: Written notice stating the general
nature of each Claim, dispute, or other matter shall be
delivered by the claimant to ENGINEER and the other
party to the Contract promptly (but in no event later
than 1030 days) after the start of the event giving rise
thereto. Notice of the amount or extent of the Claim,
dispute, or other matter with supporting data shall be
delivered to the ENGINEER and the other party to the
Contract within 4068 days after the start of such event
(unless ENGINEER allows additional time for
claimant to submit additional or more accurate data in
support of such Claim, dispute, or other matter). A
Claim for an adjustment in Contract Price shall be
prepared in accordance with the provisions of
paragraph 12.01.6. A Claim for an adjustment in
Contract Time shall be prepared in accordance with
the provisions of paragraph 12.02.6. Each Claim
shall be accompanied by claimant's written statement
that the adjustment claimed is the entire adjustment
to which the claimant believes it is entitled as a result
of said event. The opposing parry shall submit any
response to ENGINEER and the claimant within 30
days after receipt of the claimant's last submittal
(unless ENGINEER allows additional time).
B. ENGINEER's Decision: ENGINEER will
render a formal decision in writing within 30 days after
receipt of the last submittal of the claimant or the last
submittal of the opposing party, if any. ENGINEER's
written decision on such Claim, dispute, or other
matter will be final and binding upon OWNER and
CONTRACTOR unless:
1. an appeal from ENGINEER's decision is
taken within the time limits and in accordance with
the dispute resolution procedures set forth in
Article 16; or
2. if no such dispute resolution procedures
have been set forth in Article 16, a written notice of
intention to appeal from ENGINEER's written
decision is delivered by OWNER or
CONTRACTOR to the other and to ENGINEER
within 30 days after the date of such decision, and
a formal proceeding is instituted by the appealing
party in a forum of competent jurisdiction within 60
days after the date of such decision or within 60
days after Substantial Completion, whichever is
later (unless otherwise agreed in writing by
OWNER and CONTRACTOR), to exercise such
rights or remedies as the appealing party may
have with respect to such Claim, dispute, or other
matter in accordance with applicable Laws and
Regulations.
HIL9901 B GC- 33 06/29/99
,
long di6tanGe tGlephGRe Galls, telephone
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6. Additional costs of supervision and field
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GGPIT-RAGTOR's fee.
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B. Costs Excluded. The term Cost of the Work
shall not include any of the following items:
1
.

,
GentFa ents
ex
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GONT- RACT-OR's fee.
2. ' ExPeRSeS of e#ise-at the ?+te
3. Any paFt of GONTRAGTOR's Gap'
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
HIL9901 B GC- 35 06129/99

2. if there is no corresponding adjustment
with respect to any other item of Work: and
3. if CONTRACTOR believes that
CONTRACTOR has incurred additional expenses
as a result thereof: or if OWNER believes that the
guantity variation entitles OWNER to an
adjustment in the unit price, either OWNER or
CONTRACTOR may make a claim for an
adiustment in the Contract Price in accordance
with Article 10 if the parties are unable to agree as
to the effect of any such variations in the quantity
of Unit Price Work performed.
11.04 Adjustment Price Work
A. Where the Contract Documents include
adjustment prices to be applied in the event additions
to or deductions from the applicable Work to be
performed under the Contract Documents are
ordered, determinations of the actual quantities and
classification of adjustment price work performed by
CONTRACTOR will be made by ENGINEER in
accordance with paragraph 9.08.
B. Each adjustment 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 adiustment item.
ARTICLE 12 - CHANGE OF CONTRACT PRICE;
CHANGE OF CONTRACT TIMES
12.01 Change of Contract Price
A. The Contract Price may only be changed by a
Change Order or by a Written Amendment. Any
Claim for an adjustment in the Contract Price shall be
based on written notice submitted by the party making
the Claim to the ENGINEER and the other party to
the Contract in accordance with the provisions of
paragraph 10.05.
B. The value of any Work covered by a Change
Order or of any Claim for an adjustment in the
Contract Price will be determined as follows:
1. where the Work involved is covered by unit
prices or adiustment prices contained in the
Contract Documents, by application of such unit
prices or adjustment prices to the quantities of the
items involved (subject to the provisions of
paragraph 11.03 for unit prices, and paragraph
11.04 for adiustment prices); or

HIL9901B GC- 37
2. where the Work involved is not covered by
unit prices or adiustment prices contained in the
Contract Documents, by a mutually agreed lump
sum (which may include an a reasonable
allowance for overhead and profit net- nesessafily
. ), and will
take into account information contained in the
schedule of values prepared by CONTRACTOR
and acceptable to ENGINEER: or
3. where the Work involved is not covered by
unit prices or adjustment prices contained in the
Contract Documents and agreement to a lump
sum is not reached under paragraph 12.01.8.2, on
the basis of the Cost of the Work (determined as
provided in paragraph 11.01) plus
).
C. CONTRACTOR's Fee: The CONTRACTOR's
fee for overhead and profit shall be determined as
follows:
1. mutually aGGeptable foxed ; *f a fixed fee is not agFeed 2. upon,
then a fee
based on the following pMentages ef the Yari
PGAOGRr, of the Gest of the WGFk-;
a. for costs incurred under paragraphs
11.01.A.1 and 11.01.A.2, the CONTRACTOR's
fee shall be 15 percent;
b. for costs incurred under paragraph
11.01.A.3, the CONTRACTOR's fee shall be
five percent;

c.
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b
t
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on the bases
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d. no fee shall be payable on the basis of
costs itemized under paragraphs 11.01.A.4,
11.01.A.5. 11.01.A.6, and 11.01.13;
e. the amount of credit to be allowed by
CONTRACTOR to OWNER for any change
06/29/99
times for their observation, inspecting, and testing.
CONTRACTOR shall provide them proper and safe
conditions for such access and advise them of
CONTRACTOR's Site safety procedures and
programs so that they may comply therewith as
applicable.
13.03 Tests and Inspections
A. CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required
inspections, tests, or approvals and shall cooperate
with inspection and testing personnel to facilitate
required inspections or tests.
B. OWNER shall employ and pay for the services
of an independent testing laboratory to perform all
inspections, tests, or approvals required by the
Contract Documents except:
1. for inspections, tests, or approvals covered
by paragraphs 13.03.C and 13.03.13 below;
2. that costs incurred in connection with tests
or inspections conducted pursuant to paragraph
13.04.6 shall be paid as provided in said
paragraph 13.04.13; and
3. as otherwise specifically provided in the
Contract Documents.
C. If Laws or Regulations of any public body
having jurisdiction require any Work (or part thereof)
specifically to be inspected, tested, or approved by an
employee or other representative of such public body,
CONTRACTOR shall assume full responsibility for
arranging and obtaining such inspections, tests, or
approvals, pay all costs in connection therewith, and
furnish ENGINEER the required certificates of
inspection or approval.
D. CONTRACTOR shall be responsible for
arranging and obtaining and shall pay all costs in
connection with any inspections, tests, or approvals
required for OWNER's and ENGINEER's acceptance
of materials or equipment to be incorporated in the
Work; or acceptance of materials, mix designs, or
equipment submitted for approval prior to
CONTRACTOR's purchase thereof for incorporation
in the Work. Such inspections, tests, or approvals
shall be performed by organizations acceptable to
OWNER and ENGINEER.
E. If any Work (or the work of others) that is to be
inspected, tested, or approved is covered by
CONTRACTOR without written concurrence of
ENGINEER, it must, if requested by ENGINEER, be
uncovered for observation.
F. Uncovering Work as provided in paragraph
13.03.E shall be at CONTRACTOR's expense unless
CONTRACTOR has given ENGINEER timely notice
of CONTRACTOR's intention to cover the same and
ENGINEER has not acted with reasonable
promptness in response to such notice.
13.04 Uncovering Work
A. If any Work is covered contrary to the written
request of ENGINEER, it must, if requested by
ENGINEER, be uncovered for ENGINEER's
observation and replaced at CONTRACTOR's
expense.
B. If ENGINEER considers it necessary or
advisable that covered Work be observed by
ENGINEER or inspected or tested by others,
CONTRACTOR, at ENGINEER's request, shall
uncover, expose, or otherwise make available for
observation, inspection, or testing as ENGINEER may
require, that portion of the Work in question,
furnishing all necessary labor, material, and
equipment. If it is found that such Work is defective,
CONTRACTOR shall pay all Claims, costs, losses,
and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to
such uncovering, exposure, observation, inspection,
and testing, and of satisfactory replacement or
reconstruction (including but not limited to all costs of
repair or replacement of work of others); and
OWNER shall be entitled to an appropriate decrease
in the Contract Price. If the parties are unable to
agree as to the amount thereof, OWNER may make
a Claim therefor as provided in paragraph 10.05. If,
however, such 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 Milestones), or both, directly attributable to such
uncovering, exposure, observation, inspection,
testing, replacement, and reconstruction. If the
parties are unable to agree as to the amount or extent
thereof, CONTRACTOR may make a Claim therefor
as provided in paragraph 10.05.
13.05 OWNER May Stop the Work
A. If the Work is defective, or CONTRACTOR
fails to supply sufficient skilled workers or suitable
materials or equipment, or fails to perform the Work
in such a way that the completed Work will conform
HIL9901B GC- 39 06/29/99
recommendation, an appropriate amount will be paid
by CONTRACTOR to OWNER.
13.09 OWNER May Correct Defective Work
A. If CONTRACTOR fails within a reasonable
time after written notice from ENGINEER to correct
defective Work or to remove and replace rejected
Work as required by ENGINEER in accordance with
paragraph 13.06.A, or if CONTRACTOR fails to
perform the Work in accordance with the Contract
Documents, or if CONTRACTOR fails to comply with
any other provision of the Contract Documents,
OWNER may, after seven days written notice to
CONTRACTOR, correct and remedy any such
deficiency.
B. In exercising the rights and remedies under
this paragraph, OWNER shall proceed expeditiously.
In connection with such corrective and remedial
action, OWNER may exclude CONTRACTOR from
all or part of the Site, take possession of all or part of
the Work and suspend CONTRACTOR's services
related thereto, take possession of CONTRACTOR's
tools, appliances, construction equipment and
machinery at the Site, and incorporate in the Work all
materials and equipment stored at the Site or for
which OWNER has paid CONTRACTOR but which
are stored elsewhere. CONTRACTOR shall allow
OWNER, OWNER's representatives, agents and
employees, OWNER's other contractors, and
ENGINEER and ENGINEER's Consultants access to
the Site to enable OWNER to exercise the rights and
remedies under this paragraph.
C. All Claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other
professionals and all court or arbitration or other
dispute resolution costs) incurred or sustained by
OWNER in exercising the rights and remedies under
this paragraph 13.09 will be charged against
CONTRACTOR, and a Change Order will be issued
incorporating the necessary revisions in the Contract
Documents with respect to the Work; and OWNER
shall be entitled to an appropriate decrease in the
Contract Price. If the parties are unable to agree as
to the amount of the adjustment, OWNER may make
a Claim therefor as provided in paragraph 10.05.
Such claims, costs, losses and damages will include
but not be limited to all costs of repair, or replacement
of work of others destroyed or damaged by
correction, removal, or replacement of
CONTRACTOR's defective Work.
D. CONTRACTOR shall not be allowed an
extension of the Contract Times (or Milestones)
because of any delay in the performance of the Work
attributable to the exercise by OWNER of OWNER's
rights and remedies under this paragraph 13.09.
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND
COMPLETION
14.01 Schedule of Values
A. The schedule of values established as
provided in paragraph 2.07.A will serve as the basis
for progress payments and will be incorporated into a
form of Application for Payment acceptable to
ENGINEER. Progress payments on account of Unit
Price Work will be based on the number of units
completed.
14.02 Progress Payments
A. Applications for Payments
1. Before At least 20 days befgFe the date
established -#e 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 approved
location , the Application for
Payment shall also be accompanied by a bill of
sale, invoice, or other documentation warranting
that OWNER has received the materials and
equipment free and clear of all Liens and evidence
that the materials and equipment are covered by
appropriate property insurance or other
arrangements to protect OWNER's interest
therein, all of which must be satisfactory to
OWNER.
2. Beginning with the second Application for
Payment, each Application shall include an
affidavit of CONTRACTOR stating that all previous
progress payments received on account of the
Work have been applied on account to discharge
CONTRACTOR's legitimate obligations
associated with prior Applications for Payment.
HIL9901B GC- 41 06/29/99

n

1

d. ENGINEER has actual knowledge of
the occurrence of any of the events
enumerated in paragraph 15.02.A.
C. Payment Becomes Due
1. After Ten- daysaftef-presentation of the
Application for Payment to OWNER with
ENGINEER's recommendation, the amount
recommended will (subject to the provisions of
paragraph 14.02.D) beGerne , aRd when due
wiR be paid by OWNER to CONTRACTOR within
30 days after approval by OWNER.
D. Reduction in Payment
1. OWNER may refuse to make payment of
the full amount recommended by ENGINEER
because:
a. claims have been made against
OWNER on account of CONTRACTOR's
performance or furnishing of the Work;
b. Liens have been filed in connection
with the Work, except where CONTRACTOR
has delivered a specific Bond satisfactory to
OWNER to secure the satisfaction and
discharge of such Liens;
c. there are other items entitling OWNER
to a set-off against the amount recommended;
Of
d. OWNER has actual knowledge of the
occurrence of any of the events enumerated in
paragraphs 14.02.B.5.a through 14.02.B.5.c or
paragraph 15.02.A; or
e. of accrued damages for delay.
2. If OWNER refuses to make payment of the
full amount recommended by ENGINEER,
OWNER must give CONTRACTOR immediate
written notice (with a copy to ENGINEER) stating
the reasons for such action and promptly pay
CONTRACTOR any amount remaining after
deduction of the amount so withheld. OWNER
shall promptly pay CONTRACTOR the amount so
withheld, or any adjustment thereto agreed to by
OWNER and CONTRACTOR, when
CONTRACTOR corrects to OWNER's satisfaction
the reasons for such action.
3. If it is subsequently determined that
OWNER's refusal of payment was not justified,
HIL9901B
GC- 43
the amount wrongfully withheld shall be treated as
an amount due as determined by paragraph
14.02.C.1.
14.03 CONTRACTOR's Warranty of Title
A. CONTRACTOR warrants and guarantees that
title to all Work, materials, and equipment covered by
any Application for Payment, whether incorporated in
the Project or not, will pass to OWNER no later than
the time of payment free and clear of all Liens.
14.04 Substantial Completion
A. When CONTRACTOR considers the entire
Work ready for its intended use CONTRACTOR shall
deliver acceptable record documents (as provided in
paragraph 6.12), and shall notify OWNER and
ENGINEER in writing that the entire Work is
substantially complete (except for items specifically
listed by CONTRACTOR as incomplete) and request
that ENGINEER issue a certificate of Substantial
Completion. Promptly thereafter, 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.
If ENGINEER considers the Work substantially
complete, ENGINEER will prepare and deliver to
OWNER a tentative certificate of Substantial
Completion which shall fix the date of Substantial
Completion. There shall be attached to the certificate
a tentative list of items to be completed or corrected
before final payment. OWNER shall have seven days
after receipt of the tentative certificate during which to
make written objection to ENGINEER as to any
provisions of the certificate or attached list. If, after
considering such objections, ENGINEER concludes
that the Work is not substantially complete,
ENGINEER will within 14 days after submission of the
tentative certificate to OWNER notify CONTRACTOR
in writing, stating the reasons therefor. If, after
consideration of OWNER's objections, ENGINEER
considers the Work substantially complete,
ENGINEER will within said 14 days execute and
deliver to OWNER and CONTRACTOR a definitive
certificate of Substantial Completion (with a revised
tentative list of items to be completed or corrected)
reflecting such changes from the tentative certificate
as ENGINEER believes justified after consideration of
any objections from OWNER. At the time of delivery
of the tentative certificate of Substantial Completion
ENGINEER will deliver to OWNER and
CONTRACTOR a written recommendation as to
division of responsibilities pending final payment
06/29/99
14.07 Final Payment
A. Application for Payment
1. After CONTRACTOR has, in the opinion of
ENGINEER, satisfactorily completed all
corrections identified during the final inspection
and has delivered, in accordance with the Contract
Documents, all maintenance and operating
instructions, schedules, guarantees, Bonds,
certificates or other evidence of insurance,
certificates of inspection,
, and
other documents, CONTRACTOR may make
application for final payment following the
procedure for progress payments.
2. The final Application for Payment shall be
accompanied (except as previously delivered) by:
(i) all documentation called for in the Contract
Documents, including but not limited to the
evidence of insurance required by subparagraph
5.04.6.7; (ii) consent of the surety, if any, to final
payment; and (iii) complete and legally effective
releases or waivers (satisfactory to OWNER) of all
Lien rights arising out of or Liens filed in
connection with the Work.
3. In lieu of the releases or waivers of Liens
specified in paragraph 14.07.A.2 and as approved
by OWNER, CONTRACTOR may furnish receipts
or releases in full and an affidavit of
CONTRACTOR that: (i) the releases and receipts
include all labor, services, material, and
equipment for which a Lien could be filed; and (ii)
all payrolls, material and equipment bills, and
other indebtedness connected with the Work for
which OWNER or OWNER's property might in any
way be responsible have been paid or otherwise
satisfied. If any Subcontractor or Supplier fails to
furnish such a release or receipt in full,
CONTRACTOR may furnish a Bond or other
collateral satisfactory to OWNER to indemnify
OWNER against any Lien.
B. 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 Documents have
been fulfilled, ENGINEER will, within ten days after
receipt of the final Application for Payment,
indicate in writing ENGINEER's recommendation
of payment and present the Application for
Payment to OWNER for payment. At the same
time ENGINEER will also give written notice to
OWNER and CONTRACTOR that the Work is
acceptable subject to the provisions of paragraph
14.09. Otherwise, ENGINEER will return the
Application for Payment to CONTRACTOR,
indicating in writing the reasons for refusing to
recommend final payment, in which case
CONTRACTOR shall make the necessary
corrections and resubmit the Application for
Payment.
C. Payment Becomes Due
1. Thirty days after the presentation to
OWNER of the Application for Payment and
accompanying documentation, the amount
recommended by ENGINEER will become due
and, when due, will • be paid by OWNER to
CONTRACTOR.
14.08 Final Completion Delayed
A. If, through no fault of CONTRACTOR, final
completion of the Work is significantly delayed, and if
ENGINEER so confirms, OWNER shall, upon receipt
of CONTRACTOR's final Application for Payment and
recommendation of ENGINEER, and without
terminating the Agreement, make payment of the
balance due for that portion of the Work fully
completed and accepted. If the remaining balance to
be held by OWNER for Work not fully completed or
corrected is less than the retainage stipulated in the
Agreement, and if Bonds have been furnished as
required in paragraph 5.01, the written consent of the
surety to the payment of the balance due for that
portion of the Work fully completed and accepted
shall be submitted by CONTRACTOR to ENGINEER
with the Application for such payment. Such payment
shall be made under the terms and conditions
governing final payment, except that it shall not
constitute a waiver of Claims.
14.09 Waiver of Claims
A. The making and acceptance of final payment
will constitute:
1. a waiver of all Claims by OWNER against
CONTRACTOR, except Claims arising from
unsettled Liens, from defective Work appearing
after final inspection pursuant to paragraph 14.06,
from failure to comply with the Contract
HIL9901 B GC- 45 06/29199
in connection with uncompleted Work, plus fair
and reasonable sums for overhead and profit on
such expenses;
3. for all claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other
professionals and all court or arbitration or other
dispute resolution costs) incurred in settlement of
terminated contracts with Subcontractors,
Suppliers, and others; and
4. for reasonable expenses directly
attributable to termination.
B. CONTRACTOR shall not be paid on account of
loss of anticipated profits or revenue or other
economic loss arising out of or resulting from such
termination.
15.04 CONTRACTOR May Stop Work or Terminate
A. If, through no act or fault of CONTRACTOR,
the Work is suspended for more than 90 consecutive
days by OWNER or under an order of court or other
public authority, or ENGINEER fails to act on any
Application for Payment within 30 days after it is
submitted, or OWNER fails for 90 30 days to pay
CONTRACTOR any sum finally determined to be
due, then CONTRACTOR may, upon 30 seven days
written notice to OWNER and ENGINEER, and
provided OWNER or ENGINEER do not remedy such
suspension or failure within that time, terminate the
Contract and recover from OWNER payment on the
same terms as provided in paragraph 15.03. 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 90 30 days
to pay CONTRACTOR any sum finally determined to
be due, CONTRACTOR may, 30 seven days after
written notice to OWNER and ENGINEER, stop the
Work until payment is made of all such amounts due
CONTRACTOR, including interest thereon. The
provisions of this paragraph 15.04 are not intended to
preclude CONTRACTOR from making a Claim under
paragraph 10.05 for an adjustment in Contract Price
or Contract Times or otherwise for expenses or
damage directly attributable to CONTRACTOR's
stopping the Work as permitted by this paragraph.
ARTICLE 16 - DISPUTE RESOLUTION
16.01 Methods and Procedures
HIL99018 GC- 47
A. Dispute resolution methods and procedures, if
any, shall be as set forth in the Supplementary
Conditions. If no method and procedure has been set
forth, and subject to the provisions of paragraphs
9.09 and 10.05, OWNER and CONTRACTOR may
exercise such rights or remedies as either may
otherwise have under the Contract Documents or by
Laws or Regulations in respect of any dispute.
ARTICLE 17 - MISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision of the Contract
Documents requires the giving of written notice, it will
be deemed to have been validly given 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 at or sent by registered or certified mail,
postage prepaid, to the last business address known
to the giver of the notice.
17.02 Computation of Times
A. When any period of time is referred to in the
Contract Documents by days, it will be computed to
exclude the first and include the last day of such
period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday
by the law of the applicable jurisdiction, such day will
be omitted from the computation.
17.03 Cumulative Remedies
A. The duties and obligations imposed by these
General Conditions and the rights and remedies
available hereunder to the parties hereto are in
addition to, and are not to be construed in any way as
a limitation of, any rights and remedies available to
any or all of them which are otherwise imposed or
available by Laws or Regulations, by special warranty
or guarantee, or by other provisions of the Contract
Documents, and the provisions of this paragraph will
be as effective as if repeated specifically in the
Contract Documents in connection with each
particular duty, obligation, right, and remedy to which
they apply.
17.04 Survival of Obligations
A. All representations, indemnifications,
warranties, and guarantees made in, required by, or
given in accordance with the Contract Documents, as
well as all continuing obligations indicated in the
Contract Documents, will survive final payment,
06/29/99

APPLICATION FOR PAYMENT
CONTRACTOR:
OWNER:
PROJECT:
RECAP
Contract Effective Date:
Consecutive Days for Substantial Completion:
Contract Substantial Completion Date
Original Contract
Extra Orders
Deduction Orders
Sheet No.
Estimate No.
Date
CONSULTING ENGINEERS:
FINKBEINER, PETTIS & STROUT, INC.
Contract Amount Completed to Date
Total Total
Totals
Less Retainer 10% (after 50% complete 0% of remaining
est.)
Net Completed to Date
Material Stored
Less 10% of Invoice
Net Material Stored
Total Earned to Date
Less Amount Previously Paid
DUE THIS ESTIMATE
CONTRACTOR'S CERTIFICATE
I hereby certify that the above materials and services
have been furnished and performed in accordance with the
conditions of the contract for the above work, and that payment
has not been received and there is due and unpaid on said
contract
Dollars
CONTRACTOR:
Signed:
OWNER'S APPROVAL:
Date
Date
CONTRACT PROGRESS:
1. Percentage of Contract Time Elapsed
2. Estimated Percentage of Construction Work Completed
3. Is Contractor's Construction Progress on Schedule
HIL9901B
Page 1 of 3
(Application for Payment)
ENGINEER'S RECOMMENDATION:
YES
Date
NO
06/29/99

MATERIAL STORED LISTING
CONTRACTOR: Project:
Estimate No. Date:
PREVIOUS NEW TOTAL
REF. # AMOUNT STORAGE INSTALLED STORED UNIT CURRENT
INVOICE SUPPLIER DESCRIPTION UNIT STORED AMOUNT AMOUNT TO DATE PRICE AMOUNT
11 SHEET TOTAL I --J1
HIL9901B
Page 3 of 3
(Application for Payment)
06/29/99
r.
' SECTION 01010
' SUMMARY OF WORK
PART 1 GENERAL
' 1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General Conditions,
Supplementary Conditions (if included), and other Division 1 Specifications Sections, apply
to this Section.
' 1.2 SECTION INCLUDES
A. Contract description.
r B. CONTRACTOR use of Site and premises.
1.3 CONTRACT DESCRIPTION
' A. Contract Type: Stipulated Price as described in the Agreement.
1.4 CONTRACTOR USE OF SITE
r A. Construction Operations: Limited to rights-of-way and easements shown.
r PART 2 PRODUCTS
Not Used.
r PART 3 EXECUTION
Not Used.
r
END OF SECTION
r
r
1
HIL9901 B 01010-1 06/30/99
SECTION 01019
CONTRACT CONSIDERATIONS
PART 1 GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General Conditions, Supplementary
Conditions (if included), and other Division 1 Specifications Sections, apply to this Section.
1.2 SECTION INCLUDES
A. Applications for Payment.
B. Change procedures.
C. Measurement and payment - unit prices.
1.3 APPLICATIONS FOR PAYMENT
A. Submit four copies of each application on an Application for Payment form as included at the end
of this Section. CONTRACTOR's electronic media driven form will be considered.
B. Content and Format: Utilize schedule of bid items for listing items in Applications for Payment.
C. Payment Period: Monthly.
D. Include with each application, as appropriate, an Affidavit of Contractor or an Affidavit for Final
Payment certifying under oath:
1. The names and addresses of all Subcontractors furnishing labor, material, or services and of
all persons furnishing material included in such estimate.
2. That all bills for materials and labor included in preceding estimates have been paid in full (or
if not paid in full, a list of unpaid bills giving amounts paid to each Supplier or Subcontractor,
together with the reason for non-payment).
3. That all bills for materials and labor included in such estimate have been or will be paid from
the proceeds thereof.
A sample Affidavit of Contractor and a sample Affidavit for Final Payment are included at the end
of this Section.
E. OWNER may require the CONTRACTOR to furnish waivers of lien signed by all persons furnishing
labor or materials included in any estimate submitted by or on behalf of the CONTRACTOR.
1 F. For payment for materials and equipment stored at the Site, furnish supporting documentation
required by paragraph 14.02 of the General Conditions.
' G. For payment for materials and equipment stored at an approved "off-site" location, furnish
supporting documentation required by paragraph 14.02 of the General Conditions, and the following:
1. A list of the materials consigned to the Project (which shall be clearly identified), giving the
place of storage.
2. Certification that all items have been tagged for delivery to the Project, that they will not be
used for any other purpose, and that they will be fully protected during storage.
HIL9901 B 01019-1 06/30/99
1.5 MEASUREMENT AND PAYMENT - UNIT PRICES
A. Authority: measurement methods are delineated in the individual specification sections.
B. The ENGINEER will take measurements and compute quantities accordingly. Provide and assist in
the taking of measurements.
C. (quantities: Actual quantities provided within defined limits shall determine payment.
D. The total Bid price shall cover all Work required by the Contract Documents. All costs for the
providing of 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, and other overhead and profit shall be included in the unit and lump sum
prices bid. All Work not specifically set forth as a pay item in the Bid shall be considered a
subsidiary obligation of CONTRACTOR, and all costs in connection therewith shall be included in
the prices bid.
E. Unit Price Schedule:
ITEM EST.
NO. DESCRIPTION QTY.
Section 02065 - Abandonment of Existing Facilities
1 Abandon Existing Cornwallis Hills
Pumping Station Lump Sum
Section 02225 - Trenching and Backfilling
2 Granular Backfill 92 c.y.
Section 02229 - Rock Excavation
3 Rock Excavation 2,872 c.y.
Section 02270 - Slope Protection and Erosion Control
4 Silt Fence 3,845 I.f.
5 Rip Rap 500 c.y.
6 Check Dams 15 each
7 Ditch Stabilization Material 355 s.y.
Section 02360 - Steel Encasement Pipe
8 12 inch Pipe Sewer in 22 inch Steel
Encasement Pipe, Bored in Rock 110 I.f.
9 12 inch Pipe Sewer in 22 inch Steel
Encasement Pipe, Bored in Earth 310 I.f.
10 8 inch Pipe Sewer in 16 inch Steel
Encasement Pipe, Bored in Earth 80 l.f.
HIL9901 B 01019-3 06/30/99
35 10 inch Pipe Sewer, 8'-10' deep
36 10 inch Pipe Sewer, 10'-12' deep
37 8 inch Pipe Sewer, 0'-6' deep
38 8 inch Pipe Sewer, 6'-8' deep
39 8 inch Pipe Sewer, 8'-10' deep
40 8 inch Pipe Sewer, 10'-12' deep
41 8 inch Pipe Sewer, 12'-14' deep
42 6 inch Service Connection Pipe and Fittings
43 6 inch on 10 inch Sewer Pipe Wyes
Section 02750 - Existing Sewer and Drain Replacement
44 6 inch Diameter and Smaller
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
154 Lf.
200 Lf.
185 Lf.
201 Lf.
42 I.f.
47 I.f.
23 Lf.
40 Lf.
1 each
100 Lf.
HIL9901 B 01019-5 06/30/99
APPLICATION FOR PAYMENT
CONTRACTOR:
OWNER:
PROJECT:
RECAP
Contract Effective Date:
Consecutive Days for Substantial Completion:
Contract Substantial Completion Date
Original Contract
Extra Orders
Deduction Orders
Totals
Less Retainer 10% (after 50% complete 0% of remaining
est.)
Net Completed to Date
Material Stored
Less 10% of Invoice
Net Material Stored
Total Earned to Date
Less Amount Previously Paid
DUE THIS ESTIMATE
Sheet No.
Estimate No.
Date
CONSULTING ENGINEERS:
FINKBEINER, PETTIS & STROUT, INC.
Contract Amount Completed to Date
Total Total
CONTRACTOR'S CERTIFICATE
I hereby certify that the above materials and services
have been furnished and performed in accordance with the
conditions of the contract for the above work, and that payment
has not been received and there is due and unpaid on said
contract
Dollars
CONTRACTOR:
Signed:
Date
CONTRACT PROGRESS:
1. Percentage of Contract Time Elapsed
2. Estimated Percentage of Construction Work Completed
3. Is Contractor's Construction Progress on Schedule
OWNER'S APPROVAL:
Date
ENGINEER'S RECOMMENDATION:
HIL9901 B Page 1 of 3
(Application for Payment)
Date
YES NO
06/30/99
MATERIAL STORED LISTING
CONTRACTOR: Project:
Estimate No. Date:
PREVIOUS NEW TOTAL
REF. # AMOUNT STORAGE INSTALLED STORED UNIT CURRENT
INVOICE SUPPLIER DESCRIPTION UNIT STORED AMOUNT AMOUNT TO DATE PRICE AMOUNT
SHEET TOTAL
HIL9901 B Page 3 of 3 06/30/99
(Application for Payment)
AFFIDAVIT OF CONTRACTOR
State of )
SS:
County of )
Affiant is the (1)
The Contractor having a Contract with (3)
(Aff iant), being first duly sworn, says that:
of (2)
for (4)
SUBCONTRACTORS
,the OWNER,
Affiant further says that all bills for material and labor included in preceding estimates have been paid
in full, that all bills for material and labor included in Estimate No. dated ,
19 , have been or will be paid from the proceeds thereof, and that the following shows the names and
addresses of every Subcontractor in the employ of said (2)
giving the amount, if any, which is due, or to become due to them, or any of them, for Work done or machinery,
material or fuel furnished to date hereof under said contracts; all of the foregoing pursuant to the terms of the
General Conditions of the Contract Documents.
NAME
ADDRESS
AMOUNT DUE
OR TO BECOME DUE
TRADE TO DATE HEREOF
HIL9901 B Page 1 of 3 06/30/99
(Affidavit of Contractor)

LABOR
Said affiant further says that the following shows the names and addresses of every unpaid laborer in
the employ of (2)
furnishing labor under said Contract, giving the amount, if any, which is due for labor done to date hereof:
AMOUNT DUE
OR TO BECOME DUE
NAME ADDRESS HOURS TO DATE HEREOF

Affiant says that the amounts due or to become due to said Subcontractors, materialmen and laborers
for Work done or machinery, material or fuel furnished, to date hereof to (2)
is fully and correctly set forth opposite their names, respectively, in the aforesaid statements.
Affiant says that (2)
has not employed or purchased or procured machinery, material or fuel from, or subcontracted with any person,
firm or corporation, other than those above mentioned, and owes for no labor performed or machinery, material
or fuel furnished, under said contracts, other than above set forth.
1
1
1
1
1
1
AFFIANT
SWORN TO before me and subscribed in my presence this day of
NOTARY PUBLIC
Note: (1) Secretary, Treasurer, one of firm, or agent, as case may be
(2) Name and Address of CONTRACTOR
(3) Name and Address of OWNER
(4) Project title per Contract Documents.
HIL9901B
Page 3 of 3
(Affidavit of Contractor)
06/30/99
AFFIDAVIT FOR FINAL PAYMENT
State of )
SS:
County of )
We, CONTRACTOR ON
hereby certify that all bills for material and labor,
including Subcontractors, incurred in connection with the above mentioned Project, have been fully paid and that
there are no taxes due or owing to said State or any political subdivision thereof. We also certify that no liens
have been filed against or notice of such action received by our company or our Subcontractors.
CONTRACTOR
By
By
SWORN TO before me and subscribed in my presence this day of
NOTARY PUBLIC

HIL9901B Page 1 of 1 06/30/99
(Affidavit for Final Payment)
WORK CHANGE DIRECTIVE
No.
PROJECT:
Date of Issuance: Effective Date:
OWNER:
CONTRACTOR:
ENGINEER: Finkbeiner, Pettis & Strout, Inc.
You are directed to proceed promptly with the following change(s):
Description:
Purpose of Work Change Directive:
Attachments: (List documents supporting change)
If OWNER or CONTRACTOR believes that the above change has affected Contract Price or Contract Time, any Claim for a Change Order
based thereon will involve one or more of the following methods as defined in the Contract Documents.
Method of determining change in Contract Price:
Unit Prices
Lump Sum
Cost of the Work
Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times:
Substantial Completion: days
Ready for Final Payment: days
If the change involves an increase, the estimated amount is not If the change involves an increase, the estimated times are not
to be exceeded without further authorization. to be exceeded without further authorization.
RECOMMENDED: APPROVED:
ENGINEER
OWNER
By: By:
HIL9901 B 06/30199
CHANGE ORDER
No.
PROJECT:
Date of Issuance: Eff active Date:
OWNER:
CONTRACTOR: ENGINEER: Finkbeiner, Pettis & Strout, Inc.
You are directed to make the following changes in the Contract Documents.
Description:
Reason for Change Order:
Attachments: (List documents supporting change)
CHANGE IN CONTRACT PRICE:
Original Contract Price
Net Increase (Decrease) from previous Change
No. to No.
Contract Price prior to this Change Order:
Net increase (decrease) of this Change Order:
Contract Price with all approved Change Orders:
CHANGE IN CONTRACT TIMES:
Original Contract Times:
Substantial Completion:
Ready for final payment:
(days or dates)
Net change from previous Change Orders
No. to No.
Substantial Completion:
Ready for final payment:
(days)
Contract Times prior to this Change Order:
Substantial Completion:
Ready for final payment:
(days or dates)
Net increase (decrease) of this Change Order:
Substantial Completion:
Ready for final payment:
(days)
Contract Times with all approved Change Orders:
Substantial Completion:
Ready for final payment:
(days or dates)
RECOMMENDED: ACCEPTED: APPROVED:
By: By: By:
Engineer (Authorized Signature) Contractor (Authorized Signature) Owner (Authorized Signature)
Date: Date: Date:
HIL9901 B 06/30/99

SECTION 01039
1 COORDINATION AND MEETINGS
PART 1 GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General Conditions, Supplementary
Conditions (if included), and other Division 1 Specifications Sections, apply to this Section.
1.2 SECTION INCLUDES
A. Coordination and project conditions.
B. Staking.
C. Preconstruction conference.
D. Progress meetings.
1.3 COORDINATION AND PROJECT CONDITIONS
A. Coordinate scheduling, submittals, and Work of the various Sections of the Specifications to ensure
efficient and orderly sequence of installation of interdependent construction elements.
B. Coordinate completion and clean-up of Work of separate sections in preparation for Substantial
Completion.
1.4 STAKING
A. Give ENGINEER at least five working days prior notice of need for staking reference points and
furnish necessary stakes.
B. Confirm drawing dimensions and elevations.
C. Establish elevations, lines, and levels from reference points, utilizing recognized engineering survey
practices.
D. During construction, furnish stakes and competent ENGINEER's helpers for checking elevations,
lines, and levels deemed necessary by ENGINEER.
1.5 PRECONSTRUCTION CONFERENCE
A. OWNER will schedule a conference after Notice of Award.
B. Attendance Required: OWNER, ENGINEER, Utilities, CONTRACTOR, CONTRACTOR's
Superintendent, and major Subcontractors.
C. Agenda:
1. Submission of insurance certificates.
2. Distribution of Contract Documents.
3. Submission of schedule of values, schedule of Shop Drawings and Sample Submittals, and
progress schedule.
HIL9901 B 01039-1 06130/99
SECTION 01300
PART 1 GENERAL
1.1 RELATED DOCUMENTS
SUBMITTALS
A. Drawings and general provisions of the Contract, including General Conditions, Supplementary
Conditions (if included), and other Division 1 Specifications Sections, apply to this Section.
1.2 SECTION INCLUDES
A. Submittal procedures.
B. Construction progress schedules.
C. Shop Drawings.
D. Certificates.
E. Manufacturer's instructions.
1.3 SUBMITTAL PROCEDURES
A. Transmit each submittal with ENGINEER accepted form.
B. Identify Project, CONTRACTOR, Subcontractor or Supplier; pertinent drawing and detail number,
and Specifications Section number, as appropriate.
C. Apply CONTRACTOR's stamp, signed or initialed certifying that review, approval, verification of
materials and equipment required, field dimensions, adjacent construction Work, and coordination of
information is in accordance with the requirements of the Work and Contract Documents.
D. Schedule submittals to expedite the Project, and deliver to ENGINEER at business address.
Coordinate submission of related items.
E. For each submittal for review, allow a minimum of 15 working days excluding delivery time to and
from the CONTRACTOR.
F. Identify variations from Contract Documents and material, equipment or system limitations which
maybe detrimental to successful performance of the completed Work.
G. Provide space for CONTRACTOR and ENGINEER review stamps.
H. When revised for resubmission, identify all changes made since previous submission.
1. Distribute copies of reviewed submittals as appropriate. Instruct parties to promptly report any
inability to comply with requirements.
J. Submittals not requested will not be recognized or processed.
HIL9901 B 01300-1 06130/99

1.7 MANUFACTURER'S INSTRUCTIONS
A. Keep one copy of manufacturer's printed instructions for delivery, storage, assembly, installation,
start-up, adjusting, and finishing on the Project Site. Maintain with record documents as required
under Section 01700.
B. Indicate special procedures, perimeter conditions requiring special attention, and special
environmental criteria required for application or installation.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
HIL9901 B 01300-3 06130/99

SECTION 01400
QUALITY CONTROL
PART 1 GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General Conditions, Supplementary
Conditions (if included), and other Division 1 Specifications Sections, apply to this Section.
1.2 SECTION INCLUDES
A. Quality assurance - control of installation.
B. Tolerances.
C. References and standards.
D. Testing services.
1.3 QUALITY ASSURANCE - CONTROL OF INSTALLATION
A. Monitor quality control over Suppliers, manufacturers, materials, equipment, services, Site
conditions, and workmanship, to produce Work of specified quality.
B. Comply with manufacturers' instructions, including each step in sequence.
C. Should manufacturers' instructions conflict with Contract Documents, manufacturer's instructions
shall take precedence.
D. Comply with specified standards as minimum quality for the Work except where more stringent
tolerances, codes, or specified requirements indicate higher standards or more precise
workmanship.
E. Perform Work by persons qualified to produce required and specified quality.
F. Verify that field measurements are as indicated on Shop Drawings or as instructed by the
manufacturer.
G. Secure materials and equipment in place with positive anchorage devices designed and sized to
withstand stresses, vibration, physical distortion, or disfigurement.
1.4 TOLERANCES
A. Monitor fabrication and installation tolerance control of materials and equipment to produce
acceptable Work. Do not permit tolerances to accumulate.
B. Comply with manufacturers' tolerances. Should manufacturers' tolerances conflict with Contract
Documents, request clarification from ENGINEER before proceeding.
C. Adjust materials and equipment to appropriate dimensions; position before securing in place.
HIL9901 B 01400-1 06130/99

G. Re-testing required because of non-conformance to specified requirements shall be performed by
the same independent firm on instructions by ENGINEER. Payment for re-testing will be charged to
' CONTRACTOR by deducting testing charges from the Contract Price.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
HIL9901B 01400-3 06/30/99

SECTION 01500
CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
PART 1 GEN ERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General Conditions, Supplementary
Conditions (if included), and other Division 1 Specifications Sections, apply to this Section.
1.2 SECTION INCLUDES
A. Mobilization.
B. Temporary utilities.
C. Barriers.
' D. Environmental controls.
E. Maintaining traffic.
F. Maintenance of flow and drainage.
G. Haul routes.
H Access roads
. .
1. Parking.
J. Progress cleaning and waste removal.
K. Project identification.
L. CONTRACTOR's field offices and sheds.
M. ENGINEER's office.
N. Storage and removal of excavated material.
l
t
i
i
d
0. con
ro
s.
t
es, an
Removal of temporary utilities, facil
P. Replacements.
1.3 MOBILIZATION
A. Perform preparatory work and operations for the assembling and setting up necessary for Work on
the Project, such as shops, plants, storage areas, sanitary facilities, moving in of personnel and
equipment, incidentals to the project site, and any other facilities, as required by the Specifications
and special requirements of the Contract Documents, as well as by Laws and Regulations in effect
at the Site of the Project.
B Perform demobilization to remove the items and equipment specific to the Project Site.
.
HIL9901 B 01500-1 06/29/99

cleanup operations will be stopped immediately until complied with to the satisfaction of OWNER
and ENGINEER. Methods of control shall include, but are not limited to.
1. Sweep streets and haul roads using an automatic self-contained mechanical sweeper with
integral water spray and vacuum equipment.
2. Remove excessive dirt on streets by means of hand shoveling or appropriate mechanical
equipment, and sweep area as in method above.
3. Clean sidewalks and driveways using shovels and hand brooms or approved mechanical
equipment.
1.7 MAINTAINING TRAFFIC
A. Conduct Work so that inconvenience to residents, businesses, and the traveling public is minimized.
At least limited traffic shall be permitted, except for those periods when, because of actual
construction, curing of concrete, etc., travel is impossible, or when travel by the public is too
hazardous.
B. At least one half of the pavement width shall be left in passable condition when pipes are being
installed across streets or highways.
C. Prior to the start of construction, meet with and obtain the permission of OWNER for the closing of
any street to traffic or for modifying traffic flow on any street and to establish requirements for
signing, flashers, flagmen, etc. Maintenance and protection of vehicular and pedestrian traffic, and
Work area protection and Work area lighting both within and outside the Work limits shall comply
with NCDOT Section 150.
D. During construction give OWNER 24 hours prior notice of the closure of any street to traffic or of the
modification of traffic flow on any street, with requirements for signing, flashers, flagmen, etc., as
earlier agreed upon by OWNER and CONTRACTOR.
1.8 MAINTENANCE OF FLOW AND DRAINAGE
A. Where existing sewers are encountered and are interfered with, flow shall be maintained by
connection into other sewers with the approval of ENGINEER, by providing temporary conduit to
maintain flow through the trench or other excavation, or by temporarily pumping to a satisfactory
outlet, and shall not be pumped, bailed, or flumed over the street or ground surface.
B. Existing field tile drains shall be free to drain at all times.
C. Maintain drainage in new and existing structures as required to protect the Work.
D. Maintain drainage on the Project site where construction operations alter the existing conditions.
E. Maintain excavations free of water.
F. Provide, operate, and maintain pumping equipment.
1.9 HAUL ROUTES
A. CONTRACTOR shall obtain approval from OWNER for the use of local streets and roads as haul
routes.
B. Haul routes will be reviewed by representatives of OWNER and CONTRACTOR prior to construction
to determine the condition of the streets and roads and after the Project is completed in order to
determine the amount of restoration required of CONTRACTOR.
1 HIL9901B 01500-3 06/29/99

II
C. Locate offices and sheds a minimum distance of 30 feet from existing and new structures.
1.15 ENGINEER'S OFFICE
A. Provide a weather-tight building (office) having floor space of not less than 200 square feet and
equipped with windows, electricity, heating facilities, air conditioner, sanitary facilities, private
telephone with answering machine, first aid kit, fire extinguisher, plan table, plan rack, file cabinet,
desk, and two chairs for sole use of ENGINEER.

B. Furnish and maintain a fax machine and a copy machine in ENGINEER' office and keep a sufficient
supply of the proper sizes and types of paper for each machine. Each machine shall have the
following features.
FAX
9600 bps fax modem
Minimum 16 gray scales
Min. 8.5" scanning width
Auto. Document Feed
Group 3 compatible
Plain Paper Printer
Paper Storage
COPIER
Min. 10 cpm
Preselection: 1-99
Max. Copy Size: 8-1/2" x 14"
Max. Original Size: 10" x 14"
Reduction and Enlargement
Stationary Platen
Two Paper Trays
C. Equip door with a lock in order to guard against loss of records, instruments, equipment, clothing,
etc.
1I

D. Furnish all necessary fuel for the heating facilities, and pay the cost of telephone service.
ENGINEER will be responsible for long distance telephone calls made by ENGINEER.
E. Office shall be at the same location as CONTRACTOR's office but shall be a separate building.
F. Office shall be available and completely functional at the start of Work and before staking by
ENGINEER.
G. Maintain office until Substantial Completion, or an earlier date when approved by ENGINEER.
1.16 STORAGE AND REMOVAL OF EXCAVATED MATERIAL
A. Remove all excess excavated material which has been stockpiled at the Site, and which will not be
used for backfill or other fill purposes, from the Project area within 48 hours. Limit size and maintain
stockpiles of excavated material in such a manner that they will not block existing drainage or be
hazardous to pedestrian or vehicular traffic in any way. The limitation relative to the stockpiling of all
excavated material shall be controlled by OWNER and ENGINEER. In the event CONTRACTOR
fails to remove excess excavated material as required above, or fails to satisfactorily modify his
operations relative to the stockpiling of excavated materials upon order of OWNER or ENGINEER,
all Work except cleanup operations will be stopped, and remain stopped, until the order of OWNER
or ENGINEER has been complied with.
B. The removal and disposal of surplus excavated material shall be the responsibility of
CONTRACTOR. Provide OWNER with any surplus material OWNER desires. CONTRACTOR
shall not be required to haul such material for a greater distance than would be required to otherwise
dispose of the material.
C. Place silt barriers around long term stockpiles of soil as well as along the down slope, or drainage
course, and portions of staging sites.
HIL9901B 01500-5 06/29199
IJ
1 SECTION 01600
MATERIAL AND EQUIPMENT
PART 1 GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General Conditions, Supplementary
Conditions (if included), and other Division 1 Specifications Sections, apply to this Section.
1.2 SECTION INCLUDES
A. Materials and equipment.
B. Transportation and handling.
C. Storage and protection.
D. Material and equipment options.
E. Substitutes and "or-equal" items.
F. Material and Equipment Checklist.
1.3 MATERIALS AND EQUIPMENT
A. For the purpose of standardization, equipment of any one type shall be the products of one
manufacturer.
B. Do not use secondhand or salvaged materials and equipment whether removed from existing
premises or from another source, except as specifically permitted by the Contract Documents.
C. Provide interchangeable components of the same manufacture for components being replaced.
1.4 TRANSPORTATION AND HANDLING
A. Transport and handle materials and equipment in accordance with manufacturer's instructions.
B. Promptly inspect shipments to ensure that materials and equipment comply with requirements,
quantities are correct, and products are undamaged.
C. Provide equipment and personnel to handle materials and equipment by methods to prevent soiling,
disfigurement, or damage.
1.5 STORAGE AND PROTECTION
A. Store and protect materials and equipment in accordance with manufacturer's instructions.
B. Store with seals and labels intact and legible.
C. Store loose granular materials on solid flat surfaces in a well-drained area. Prevent mixing with
foreign matter.

I HIL9901B 01600-1 06/29/99

I APPLICATION FOR USE OF "OR-EQUAL" ITEM
TO:
PROJECT:
SPECIFIED ITEM:
Page Paragraph Description
A. The undersigned requests consideration of the following as an "or-equal" item in accordance with Article
6.05 of the General Conditions.
B. Change in Contract Price (indicate + or -) $
1 C. Attached data includes product description, specifications, drawings, photographs, references, past
problems and remedies, and performance and test data adequate for evaluation of the request; applicable
portions of the data are clearly identified. For consideration of the attached data as SHOP DRAWINGS,
submittal shall be in accordance with the requirements of Section 01300.
D. Signature:
Firm:
Address:

1
1

Telephone:
Attachments:
Date:
For use by ENGINEER:
Accepted as evidenced by affixed SHOP DRAWING REVIEW stamp.
Accepted as evidenced by included CHANGE ORDER.
Not accepted as submitted. See Remarks.
Acceptance requires completion of submittal as required for SHOP DRAWINGS.
Not accepted. Do not resubmit.
I By.
1
HIL9901 B
Date:
Page 1 of 2
("Or-Equal" Item)
06/30/99

I TO:
1

1

Address:
I
HIL9901B
APPLICATION FOR USE OF SUBSTITUTE ITEM
PROJECT:
SPECIFIED ITEM:
Page Paragraph Description
A. The undersigned requests consideration of the following as a substitute item in accordance with Article
6.05 of the General Conditions.
B. Change in Contract Price (indicate + or -) $
C. Attached data includes product description, specifications, drawings, photographs, references, past
problems and remedies, and performance and test data adequate for evaluation of the request; applicable
portions of the data are clearly identified. For consideration of the attached data as SHOP DRAWINGS,
submittal shall be in accordance with the requirements of Section 01300.
D. Attached data also includes a description of changes to the Contract Documents that the proposed
substitution will require for its proper installation.
The undersigned certifies that the following paragraphs, unless modified by attachments are correct:
1. The proposed substitute does not affect dimensions shown on Drawings.
2. The undersigned will pay for changes to the building design, including engineering design, detailing,
and construction costs caused by the requested substitution.
3. The proposed substitution will have no adverse affect on other contractors, the construction
schedule, or specified warranty requirements. (If proposed substitution affects construction
schedule, indicate below using + or -.)
CONSECUTIVE CALENDAR DAYS
4. Maintenance and service parts will be locally available for the proposed substitution.
The undersigned further states that the function, appearance, and quality of the proposed substitution are
equivalent or superior to the specified item, and agrees to reimburse the OWNER for the charges of the
ENGINEER for evaluating this proposed substitute item.
E. Signature:
Firm:
Page 1 of 2 06/30/99
(Substitute Item)

EQUIPMENT AND MATERIAL CHECKLIST

t

J

SECTION
NO.
EQUIPMENT
OR MATERIAL SHOP '
DRAWINGS
REQUIRED SHOP "
DRAWING
SUBMITTAL
DATE MFR'S
START-UP
SERVICES
REQUIRED SPARE
PARTS
REQUIRED O&M
MANUAL
REQUIRED
02225 Granular Backfill X
02226 Tunnel Steel Liner Plates X
02360 Steel Encasement Pipe X
02607 Manholes and Appurtenances X
02607 Frames and Covers X
02732 PVC Pipe X
02732 Ductile Iron Pipe X
02930 Seed Mixture X
03301 Concrete Mix Design X

' For Items marked "LIST% a typed list of equipment, manufacturer and catalog number is acceptable. For items marked "NAME", shop
drawings not required if manufacturer named in Specifications; if other than named, see requirements for Substitutes and "Or-Equal"
Items, Paragraph 6.05 of General Conditions. For all items, manufacturer's installation instructions as required under Section 01300 shall
accompany the equipment or material when delivered to the Project Site, or when delivered and suitably stored at another approved
location.
CONTRACTOR may use a copy of this form for the shop drawing schedule required by Paragraph 2.05.8 of the General Conditions and
enter dates in this column for submittal of Shop Drawings to the Engineer.
r HIL9901 B CL-1 06130199

SECTION 01700
CONTRACT CLOSEOUT
PART 1 GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General Conditions, Supplementary
Conditions (if included), and other Division 1 Specifications Sections, apply to this Section.
1.2 SECTION INCLUDES
A. Closeout procedures.
B. Final cleaning.
C. Record documents.
D. Warranties and bonds.
1.3 CLOSEOUT PROCEDURES
A. Comply with requirements of Contract Documents for Substantial Completion. A sample
CERTIFICATE OF SUBSTANTIAL COMPLETION is included at the end of this Section.
B. Provide submittals to ENGINEER that are required by governing or other authorities.
C. Submit final Application for Payment identifying total adjusted Contract Price, previous payments,
and sum remaining due.
D. Comply with requirements of Contract Documents for final payment and acceptance. A sample
NOTICE OF ACCEPTABILITY OF WORK is included at the end of this Section.
1.4 FINAL CLEANING
A. Execute final cleaning prior to final project assessment.
B. Clean debris from drainage systems.
C. Clean site; sweep paved areas, rake clean landscaped surfaces.
D. Remove waste and surplus materials, rubbish, and construction facilities from the site.
1.5 RECORD DOCUMENTS
A. Maintain on site one set of the following record documents.:
1. Drawings (annotated to show all changes made during construction).
2. Specifications.
3. Addenda.
4. Change Orders and other modifications to the Contract.
5. Reviewed Shop Drawings and Samples.
6. Manufacturers' instructions for assembly, installation, and adjusting.
7. Testing Reports.
HIL9901 B 01700-1 06/30/99
RECORD DRAWINGS CONTENTS LIST
The following is a list of items to use when compiling record drawings. A general rule to follow when
compiling record drawings is that any important deviations from original Drawings made during construction shall
be noted on record drawings.
I. TITLE SHEET
A. Prime CONTRACTOR - Name and Address
1. Any Major Subcontractors - Name and Address
B. Resident Project Representative
C. Buried or concealed materials used on Project.
D. For all valves, indicate the number of turns to open and indicate direction to open (clockwise or
counter-clockwise).
E. A bold note to indicate that the set of plans are "Record Drawings".
II. SEWER CONSTRUCTION
A. Show distance between manholes. (Center to center of M.H. lids to the nearest foot).
B. Show correct elevations for inverts and manhole tops (inverts to the nearest hundredth and tops to
the nearest tenth).
C. Show correct stationing for manholes.
D. Show correct horizontal location dimension for sewers.
E. Show references for all service connections as follows:
1. Distance of wye to downstream M.H.
2. Horizontal distance of service connection end to downstream M.H.
3. Perpendicular distance from main to service connection.
4. Elevation of service connection invert.
F. Show correct beginning and ending stationing and type of encasement pipes. Note type of annular
space fill material used.
III. DETAIL SHEETS
A. Any details not used or not applicable shall be so noted. Example - If three alternates for
pavement are on detail sheet, the two not used shall be so noted. (Box and cross out unused
details).
IV. ALL CONSTRUCTION (WATER MAIN, FORCE MAIN, PAVEMENT, SEWER AND BUILDING)
A. Denote any area where any existing utility was repaired, replaced or relocated. Show correct
location if plan location was incorrect.
B. Note and accurately locate all existing underground utilities encountered during construction,
whether shown on the Drawings or not.
HIL9901 B RD-1 06130/99
CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT
(Title per Contract Documents)
DATE OF ISSUANCE
OWNER
OWNER'S CONTRACT NO. (if applicable)
CONTRACTOR
' ENGINEER Finkbeiner, Pettis & Strout, Inc.
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following
specified parts thereof:
I To
OWNER
I And To
CONTRACTOR
' The Work to which this Certificate applies has been inspected by authorized representatives of OWNER,
CONTRACTOR, and ENGINEER, and that Work is hereby declared to be substantially complete in accordance
with the Contract Documents on
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and
the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in
accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by
CONTRACTOR within days of the above date of Substantial Completion.
HIL9901B Page 1 of 2 06/30/99
(Certificate of Substantial Completion)
NOTICE OF ACCEPTABILITY OF WORK
(To Accompany Final Payment Request)
PROJECT
(Title Per Contract Documents)
OWNER
OWNER'S CONTRACT NO. (if applicable)
CONTRACTOR
CONSTRUCTION CONTRACT DATE
ENGINEER Finkbeiner, Pettis & Strout, Inc.
To
OWNER
And To
CONTRACTOR
The Undersigned hereby gives notice to the above OWNER and CONTRACTOR that the completed Work
furnished and performed by CONTRACTOR under the above Contract is acceptable expressly subject to the
provisions of the related Contract Documents and the terms and conditions set forth on the reverse side hereof.
(Authorized Signature)
Finkbeiner, Pettis & Strout, Inc.
Dated:

HIL9901B Page 1 of 2 06/30/99
(Notice of Acceptability of Work)
SECTION 02065
ABANDONMENT OF FACILITIES
PART 1 GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General Conditions, Supplementary
Conditions (if included), and Division 1 Specifications Sections, apply to this Section.
1.2 SECTION INCLUDES
A. Removal of existing equipment.
B. Abandonment of discharge force main and water main.
' C. Disconnecting and abandonment or removal of identified utilities.
D. Grout Filling of pumping station wetwell and formation of invert.
E. Installation of inside drop pipe for existing gravity sewer to remain.
F. Removal of fencing.
1.3 UNIT PRICE - MEASUREMENT AND PAYMENT
A. Abandon Existing Cornwallis Hills Pumping Station: By the lump sum price; complete. Includes
all removals, disconnections, abandonments, filling, and drop pipe required.
1.4 RECORD DRAWINGS
A. Accurately record actual locations of abandoned utilities or subsurface obstructions remaining on
site.
1.5 REGULATORY REQUIREMENTS
' A. Comply with Laws and Regulations for demolition of structures, protection of adjacent structures,
dust control, runoff control, and disposal.
B. Obtain required permits from authorities.
C. Notify affected utility companies and OWNER before starting Work and comply with their
requirements.
D. Conform to procedures applicable when hazardous or contaminated materials are encountered.
' PART 2 PRODUCTS
2.1 FILL MATERIALS
A. Granular Backfill: Follow Section 02225.
B. Concrete Fill: Class II concrete, follow Section 03301 and Section 02607.
HIL9901 B 02065-1 06/29/99

F. Seed all areas of fill and other earth areas disturbed by operations; follow Section 02930.
END OF SECTION
HIL9901 B 02065-3 06/29/99
SECTION 02225
TRENCHING AND BACKFILLING
PART 1 GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General Conditions, Supplementary
Conditions (if included), and Division 1 Specifications Sections, apply to this Section.
1.2 SECTION INCLUDES
A. Excavating trenches for buried pipe, and appurtenances.
B. Backfilling and compaction from top of bedding to grade. (Bedding is included with the pipe, to be
installed in the trench.)
1.3 UNIT PRICE - MEASUREMENT AND PAYMENT
A. Granular Backfill by the cubic yard. Payment shall not exceed the quantity re uired from above the
bedding material to the underside of the pavement surface for the maximum trench widths specified
in Article 3 of this Section 02225 (centered over the pipe) for the various types and sizes of pipe and,
at structures, shall be limited to that area between the outside dimensions of the structure and
vertical planes 2 feet beyond these dimensions on all sides. In computing the number of cubic yards
for which payment will be made, assume the trench walls are vertical. Granular backfill required for
areas outside the limits defined shall be provided by and at CONTRACTOR's expense.
1.4 ADJUSTMENT PRICE - MEASUREMENT AND PAYMENT
A. Additional excavating and backfilling performed at the written direction of ENGINEER below or
beyond the lines and grades shown or specified will be paid for at the appropriate adjustment prices
included in the Contract or, if not included, at a price mutually agreed upon by OWNER and
CONTRACTOR, and the Contract Price adjusted by Change Order. Restrict measurement for
excavating and backfilling to quantities required for the specified or shown depths of excavation; for
the maximum trench widths specified or shown for the pipes being installed, and at structures to that
area within vertical planes passing 24 inches outside the outer limits of the structure.
B. Wood supports and bracing required for protection of existing underground utilities not shown on the
drawings or marked at the time of construction by the utility owner will be paid for at the appropriate
adjustment prices included in the Contract or, if not included, at a price mutually agreed upon by
OWNER and CONTRACTOR, and the Contract Price adjusted by Change Order. Payment will be
made for a length installed within an excavation having a width limited to 2 feet each side of the
nominal inside diameter of the main line pipe being installed.
1.5 SHOP DRAWINGS
A. Submit a sieve analysis and a proctor test report for granular backfill material.
1.6 REGULATORY REQUIREMENTS
A. For construction in wetlands, conform with all conditions of the United States Army Corps of
Engineers Nationwide Permit No. 12 for Utility Line Trenching and Backfilling.
B. General Wetland Requirements:
HIL9901 B 02225-1 06129/99
I
3.2 EXCAVATION
A. Excavate material encountered to subgrade elevations, indicated slopes, lines, depths and invert
elevations required for utilities.
B. Cut trenches to uniform widths sufficient to enable installation and allow inspection, unless otherwise
specified, and to provide for the minimum cover specified.
C. Do not interfere with 45 degree bearing plane of foundations.
D. Hand excavate and shape trench bottom to provide uniform bearing and support of pipe. Remove
loose material.
E. Use pavement protection such as matting or rubber tracks when using track mounted equipment to
protect pavement to remain.
F. For Pipe Sewers:
1. The trench width below the top of pipe level shall not exceed the dimensions specified in
Section 02732 for the various types and sizes of pipe, and shall be at least 12 inches greater in
width than the outside diameter of the pipe barrel. Whenever the maximum allowable trench
width (below the top of pipe level) is exceeded for any reason, ENGINEER reserves the right to
direct CONTRACTOR to use greater strength pipe, to modify the type of backfill, to embed the
pipe in concrete, or to utilize a combination of these procedures, all at CONTRACTOR's
expense.
2. Excavate trenches in earth to a depth at least one-eighth the outside pipe diameter or 4 inches,
whichever is greater, below the outside bottom of the pipe barrel and bell when the pipe is laid
on its final grade.
G. Excavate trenches in rock to a depth of 6 inches below the outside bottom of the pipe and all joints
when pipe installed on final grade, and provide a cushioning layer of bedding material; see Section
02229.
H. When water is encountered in the trench, dewater as required to maintain the water level at least 3
feet below the bottom of the trench on a continuous basis until ENGINEER allows removal of the
dewatering system. Supply, operate, and maintain pumps, piping, etc. for the dewatering system.
If in ENGINEER's opinion, the subgrade is not suitable to provide adequate foundation for the pipe to
be installed, ENGINEER may direct that the unsuitable material be removed and replaced with
approved granular material.
3.3 BACKFILLING
A. Do not place heavy or large quantities of backfill material until backfilling has progressed to a depth
of at least 3 feet over the top of the pipe. Carefully place backfill material so as not to damage the
joints or displace the pipe. Backfill immediately following trenching and installation operations to
reduce the possibility of damage to pavements and utilities. Do not backfill over porous, wet, frozen
or spongy subgrade surfaces.
B. Backfill trenches coming within existing and proposed paved or stoned streets, alleys, driveways,
and parking areas with granular material. Place the granular material in maximum 12 inch layers,
loose measurement, and mechanically compact to not less than 100 percent of maximum density as
determined in accordance with ASTM D698 (Standard Proctor).
C. For trenches along and across existing and proposed paved or stoned streets, alleys, driveways, and
parking areas, backfill any portion of the trenches falling within that area below a line drawn at 45
HIL9901 B 02225-3 06/29/99
C. While the Drawings indicate the location of existing utilities, in accordance with the best information
presently available, neither OWNER nor ENGINEER assumes any responsibility for the accuracy of
their location or that all utilities are shown. A listing of utility company contacts is included on the
Drawings.
D. Prior to performing any excavation, give written or oral notification to all utilities within the area to be
excavated not less than two nor more than ten working days in advance of work. The notice shall
include:
1. name, address, and telephone number of person filing the notice;
2. name, address, and telephone number of person doing the excavation;
3. anticipated starting date of excavation;
4. anticipated duration of excavation;
5. types of excavation to be conducted;
' 6. location of proposed excavation; and
7. whether or not explosives will be used.
' E. Plan excavation work to avoid damage to and minimize interference with existing underground
utilities in the area. Maintain adequate clearance between cutting edge of excavating equipment and
underground utility to avoid damage to utility.
' F. Above ground (aerial) utilities, including power, telephone and cable television, shall remain in
service at all times. Any anticipated disruption of service shall be with the full knowledge of the utility
company and required advance notice to affected users. Removal of guy wires and holding of poles
' shall be done as required to complete the work, shall be as agreed upon by the utility company and
CONTRACTOR, and shall be at the expense of the CONTRACTOR.
G. Arbitrary disruption of underground and aerial utility services will not be permitted.
3.6 TRENCH PROTECTION
' A. Provide trench protection using a trench box, wood sheeting and bracing, or such other method as
determined by CONTRACTOR to maintain a stable excavation and comply with applicable Laws and
Regulations.
' B. For wood sheeting and bracing use sound lumber suitable for the purpose intended, and arrange so
as to support the trench walls and existing structures and utilities. Cut off sheeting to be left in place
not less than 18 inches below ground surface.
' C. Sheeting and bracing may be removed at the discretion and responsibility of CONTRACTOR after
placing and compacting backfill to a level at least 2 feet above the pipe top. Do not pull sheeting in
increments exceeding 3 to 4 feet in order to avoid the danger of breaking the pipe due to the weight
' of the backfill. Upon removal, immediately fill and recompact voids left due to such removal.
D. Where necessary to drive sheeting below the pipe bottom, drive sheeting to an elevation as
' determined by ENGINEER and leave such sheeting in place from a point 2 feet above the top of the
pipe.
3.7 REMOVAL AND REPAIR OF TREES
A. Consult with ENGINEER and obtain permission prior to removal of any tree or bush not noted on the
Drawings to be removed well in advance of such removals.
' B. Fell trees to be removed so as not to injure trees to remain.
' C. Remove stumps and roots to a minimum of 12 inches below grade.
HIL9901 B 02225-5 06/29/99
SECTION 02226
TUNNELING
PART 1 GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General Conditions, Supplementary
Conditions (if included), and Division 1 Specifications Sections, apply to this Section.
1.2 SECTION INCLUDES
A. Tunnel Steel Liner Plates.
B. Pipe within tunneling.
C. Pipeline Markers.
1.3 PROJECT CONDITIONS
A. Where the Contract Documents require the installation of pipe sewers in steel encasement pipe by
boring and such installation is not possible, as determined by OWNER and CONTRACTOR; the pipe
sewers shall be installed by tunneling.
1.4 ADJUSTMENT PRICE - MEASUREMENT AND PAYMENT
A. Pipe sewer installed by tunneling, when determined necessary by OWNER and CONTRACTOR, will
be paid for at the appropriate adjustment prices included in the Contract or, if not included, at a price
mutually agreed upon by OWNER and CONTRACTOR, and the Contract Price adjusted by Change
' Order. The adjustment price shall represent the cost over and above that included in the Contract
for the furnishing and installation of the pipe sewer in steel encasement pipe.
' 1.5 REGULATORY REQUIREMENTS
A. Comply with the appropriate provisions of the American Railway Engineering Association "Manual for
Railway Engineering", and North Carolina Department of Transportation requirements, as a
' minimum.
B. OWNER will secure necessary permits. Work not to begin before permit is issued.
' C. CONTRACTOR responsible for meeting the requirements of the governing authority, which may
include approval of equipment to be used for installation of the tunnel, and for notifying the governing
authority prior to start of Work.
D. OWNER and ENGINEER shall not be responsible for additional cost to CONTRACTOR for failure to
meet governing authorities requirements.
' PART 2 PRODUCTS
2.1 TUNNEL STEEL LINER PLATES
A. Conform to Chapter 1, Part 4.16 of the American Railway Engineering Association "Manual for
Railway Engineering", and North Carolina Department of Transportation requirements, as a
' minimum.
' HIL9901B 02226-1 06/30/99
1

B. Excavate tunnel pit and receiving pit; follow Section 02225. Shore as required by Laws and
Regulations.
C. Support the tunnel face, roof, walls, and floor so that there will be no fall, flow, caving, or heaving of
earth or other materials into the tunnel excavation.
D. Trim the surfaces of the excavated section and place steel liner plates between the outside of the
pipe and the final position of the liners, and sheeting and bracing in the tunnel so as to maintain sewer
alignment.
E. Install steel liner plates so that no part of the liner shall project closer to the outside top of the pipe
than 12 inches, or to the outside bottom of the pipe than 4 inches.
F. Completely fill with cement grout the cavity or spaces between the excavation surface and the tunnel
liner plates at frequent intervals simultaneously with tunnel construction.
G. At end of each working day, or whenever a delay in tunneling is anticipated, construct a bulkhead to
prevent caving of soil at the working face.
H. Presolidification of earth materials shall be performed wherever unstable conditions are encountered
and at no additional cost to OWNER.
1. After all mucking and pressure grouting operations have been completed and the liner plate installed
the full length, clean bottom of tunnel and place an invert of sand so that the sewer pipe, when resting
on the sand, shall be true to the line and grade. Winch or jack sewer into place and block true to line
and grade with spigot ends pointing in direction of flow. Fill all void spaces around the exterior of the
sewer pipe with sand.
J. Backf ill pits; follow Section 02225.
K. Install pipeline markers over centerline of pipe at each manhole and at each railroad right-of-way.
END OF SECTION

HIL9901 B 02226-3 06/30/99
1

SECTION 02229
I ROCK EXCAVATION
PART 1 GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General Conditions, Supplementary
Conditions (if included), and Division 1 Specifications Sections, apply to this Section.
1.2 SECTION INCLUDES
A. Removal and disposal of rock during excavation.
1.3 UNIT PRICE - MEASUREMENT AND PAYMENT
A. Rock Excavation: By the price per cubic yard, complete, for the actual number of cubic yards
removed, not to exceed the quantity required for the depths and widths specified or shown.
Payment will not be made for over excavated work nor for replacement materials.
B. Restrict measurement for rock excavation as follows:
1. Trenches: Confine to the depth to provide for the specified cushioning layer of bedding
material and to the width specified or shown for the respective trenches. Trench walls for all
types of installation shall be assumed to be vertical based on the actual trench width used, as
measured at the top of the pipe, but not exceeding the width specified or shown for the
' respective trenches.
2. Structures: Confine to a plane 4 inches below the underside of the concrete foundations and
to vertical planes 2 feet beyond the outside of such foundations.
1.4 DEFINITIONS
A. Rock Excavation: The removal of such material which cannot be broken and removed by ordinary
excavating equipment. Ordinary excavating equipment includes any bucket mounted attachments.
Disintegrated, weathered, rotten and loose rock particles capable of removal by ordinary methods
are not included within the scope of rock excavation.
1.5 QUALITY ASSURANCE
A. Seismic Survey Firm: Company specializing in seismic surveys with five years documented
experience. Submit written confirmation of experience to ENGINEER.
B. The transporting, handling, and firing of explosives shall be performed by someone thoroughly
familiar, experienced and, if applicable, licensed in this type of work, preferably a representative of
the explosive manufacturer.
1.6 REGULATORY REQUIREMENTS
A. Comply with Laws and Regulations for explosive disintegration of rock.
B. Secure all required permits well in advance of explosive operations.
s
HIL9901 B 02229-1 06130199
C. Remove rock at bottom of excavation to form level bearing.
D. Remove shaled layers to provide sound and unshattered excavation bottom.
E. Necessary bedding and backfill for trenches and other excavations in rock excavation shall be
provided by CONTRACTOR and shall be included in the price for trenching or excavation.
F. Remove excavated material from site, except under special permission from ENGINEER.
3.4 ROCK REMOVAL BY MECHANICAL METHOD
A. Excavate and remove rock by the mechanical method.
B. Drill holes and utilize expansive tools, wedges, and mechanical disintegration compound as
necessary to fracture rock.
3.5 ROCK REMOVAL BY EXPLOSIVE METHODS
A. If rock is uncovered requiring the explosives method for rock disintegration, notify ENGINEER and
execute as follows.
B. Provide seismographic monitoring during progress of blasting operations.
C. Prior to removing rock in any area, determine the type of explosives to be used, the number, depth
and loading of holes to be detonated at any one time; and any special precautions to be observed at
a conference between representatives of OWNER, ENGINEER, CONTRACTOR,
CONTRACTOR's Insurance Company and the person directly responsible for detonation. The
procedure thereafter followed in that area shall conform to the decisions reached, subject to any
modifications which may be required because of unsatisfactory or unsafe results of the procedure
agreed upon.
D. Provide suitable timber mats or other coverings to confine all materials lifted by blasting within
excavation limits.
E. Disintegrate rock and remove from excavation.
F. For purpose of protecting the general public, CONTRACTOR and OWNER, the utmost cooperation
will be required between CONTRACTOR and all other interested parties. All safety precautions
shall be strictly enforced.
END OF SECTION
HIL9901 B 02229-3 06130/99

SECTION 02270
EROSION CONTROL MEASURES
PART1 GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General Conditions, Supplementary
Conditions (if included), and Division 1 Specifications sections, apply to this section.
1.2 SECTION INCLUDES
A. Providing temporary erosion control measures including silt fence, stone check dams, ditch
stabilization (fiber blanket), and ford crossing and utility crossing channel stabilization.
B. Address work within the limits of disturbance as shown on the Drawings. However, if disturbance
does occur outside of this designated area, this section will also pertain to those additional areas
which have been disturbed. The responsibility for erosion protection in these additional areas not
shown on the Drawings are the express responsibility of CONTRACTOR.
1.3 UNIT PRICE - MEASUREMENT AND PAYMENT
A. Erosion Control Measures: By the unit price; complete. Includes all temporary silt fence,
temporary stone check dams, ditch stabilization, and ford crossing and utility crossing
stabilization required.
1.4 SUBMITTALS

A. Submit manufacturer's certifications for filter fabric to verify that materials meet specification
requirements.
1.5 INSPECTIONS
A. Initial Inspection: CONTRACTOR shall inspect existing site conditions and note irregularities
affecting work of this section. All structures which are experiencing erosion around or beneath the
structure shall be repaired, replaced, or additional structures shall be added to remedy the
problem. Report irregularities to ENGINEER prior to beginning work. Initiation of work described in
this section implies acceptance of existing conditions.
B. In-progress Inspection: CONTRACTOR shall give OWNER at least three working days notice to
schedule an in-progress inspection. This inspection shall occur when all temporary structural
erosion control measures are completed and in place but prior to the start of any other construction
activities. ENGINEER will notify CONTRACTOR of any deficiencies which exist. CONTRACTOR
shall correct such deficiencies before other construction activities begin.
C. Final Inspection: CONTRACTOR shall give ENGINEER at least three working days notice to
schedule the final inspection. All temporary structural erosion control measures shall be removed
and all affected areas re-graded as described in this section prior to final acceptance. ENGINEER
will notify CONTRACTOR of any deficiencies which exist. Final acceptance will not be given until
all deficiencies are corrected.
HIL9901 B 02270-1 06/30/99

1
t
A. Install silt fence prior to start of construction activities.
B. Install fence along continuous linear alignments as shown on Drawings, and down slope of all other
disturbed areas on site, including borrow/stockpile areas, which are outside the limits of
disturbance as identified on the Drawings.
C. Install fence at a location approximately 10 feet down slope of the proposed limits of disturbance.
D. Dig a small trench (minimum 6" depth, 6" width) along the upstream side of prescribed fence line
location.
E. Roll the filter fence, position the posts along the downhill side of the trench, and hammer posts at
least 18 inches into the ground.
F. Lay the bottom 6 inches of fabric material into the trench and backfill. Thoroughly compact trench
backf ill such that fabric is securely embedded in trench.
3.2 DITCH STABILIZATION MATERIAL (FIBER BLANKET LINING)
A. Place immediately following seeding.
B. Preserve the required line, grade, and cross section of area covered.
C. Unroll matting in the direction of the flow of water, and apply without stretching.
D. Bury the up-channel end of each piece of lining material in a narrow trench at least 5 inches deep
and tamped firmly.
E. Overlap the down-channel end of the previous piece by 6 inches.
F. Place a line of staples at 6 inch spaces along 50 foot longitudinal intervals along the ditch.
G. Place staples at 3 foot spaces along the tops and centerline of ditch.
3.3 TEMPORARY STONE CHECK DAMS
A. Conform to construction details on Drawings.
3.4 EROSION CONTROL SCHEDULE
A. Construct erosion control measures.
B. Contact OWNER for inspection and approval of the placement of erosion control measures.
C. Complete clearing and grubbing operations.
D. Install pipelines and construct site improvements.
E. Complete final grading and re-vegetate all disturbed areas.
F. Immediately repair erosion control measures as necessary.
HIL9901 B 02270-3 06/30/99
1
t

SECTION 02360
STEEL ENCASEMENT PIPE
i

PART 1 GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General Conditions, Supplementary
Conditions (if included), and Division 1 Specifications Sections, apply to this Section.
1.2 SECTION INCLUDES
A. Steel encasement pipe for pipe sewer.
B. Pipe and appurtenances within steel encasement pipe.
C. Pipeline markers.
1.3 UNIT PRICE - MEASUREMENT AND PAYMENT
A. Pipe Sewer in Steel Encasement Pipe: By the price per linear foot for steel encasement pipe of
sizes included in the Bid items, including the furnishing and installation of the main line pipe within
the encasement pipe, and the cost of necessary inspections, insurance, etc., required by governing
authority. Includes steel encasement pipe and main line pipe, installed complete, except for portions
of Work for which separate payment is made under this or other Sections.
B. Upon installation, an amount equal to at least 3 percent of the price bid per linear foot will be withheld
for completion of testing. Individual circumstances shall determine whether an amount in excess of
the percentage indicated will be withheld. When items for which monies are withheld are completed,
or partially completed, the amount withheld shall be appropriately reduced. Amounts withheld
pursuant to this paragraph shall be in addition to retainage made pursuant to applicable
requirements of the Contract Documents.
1.4 REGULATORY REQUIREMENTS
A. OWNER will secure necessary permits. Work not to begin before permit is issued.
B. CONTRACTOR responsible for meeting the requirements of the governing authority, which may
include approval of equipment to be used for installation of the encasement pipe, and for notifying
the governing authority prior to start of Work.
C. OWNER and ENGINEER shall not be responsible for additional cost to CONTRACTOR for failure to
meet governing authorities' requirements.
1.5 PROJECT CONDITIONS
A. Should installation of pipe sewer in steel encasement pipe by boring not be possible, as
determined by OWNER and CONTRACTOR, the pipe sewer shall be installed in tunnel under
Section 02226.
PART 2 PRODUCTS
2.1 STEEL ENCASEMENT PIPE
I HIL 9901 B 02360-1 06/29/99
11
I
1
1
1
1
A. Install encasement pipe by boring and jacking to line and grade shown. A minimum distance of 5
feet from the edge of pavement is required.
B. Excavate bore pit and receiving pit; follow Section 02225. Shore as required by Laws and
Regulations.
C. Boring operations shall be continuous; boring auger never to be more than 1 inch ahead of casing
pipe during boring operations.
D. Block pipe in place within encasement pipe using casing chocks (one at each bell, as a minimum);
maintain proposed grade.
E. Fill encasement pipe with grout. Place from one end.
1. Pipe sewer shall pass required testing before grouting.
F. Bulkhead each end of encasement pipe. Install a small pipe to drain any leakage within encasement
pipe.
G. Provide and seals; one at each end of encasement pipe.
H. Backfill pits; follow Section 02225.
1. Install pipeline markers over centerline of pipe at each railroad right-of-way.
END OF SECTION
I H119901B 02360-3 06129/99
SECTION 02576
EXISTING PAVEMENT REPLACEMENT
PART 1 GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General Conditions, Supplementary
Conditions (if included), and Division 1 Specifications Sections, apply to this Section.
1.2 SECTION INCLUDES
A. The permanent replacement of paved streets, alleys, driveways, and parking areas which are
damaged or removed during trenching or other operations.
B. Temporary pavement.
1.3 UNIT PRICE - MEASUREMENT AND PAYMENT
A. Pavement Replacement: By the price per cubic yard for the respective pavement replacement
materials included in the Bid items. No separate payment will be made for the following:
1. Prime coats, tack coats, or coating and sealing.
2. Preparations prior to pavement replacement.
3. Replacement of pavement markings and markers.
4. Replacement of shoulders, curbs, curb drains, and curbs and gutters.
B. Measurement: Payment for replacement of pavements at trenches limited to a width 2 feet each
side of the inside diameter of the pipe installed and, at structures, to an area equal to that defined by
the largest outside dimensions of the structure plus 2 feet on all sides. The replacement of
pavements beyond the lines of measurement to be at the expense of CONTRACTOR.
1.4 ADJUSTMENT PRICE - MEASUREMENT AND PAYMENT
A. Temporary pavement provided at the written direction of ENGINEER will be paid for at the
appropriate adjustment price included in the Contract or, if not included, at a price mutually agreed
upon by OWNER and CONTRACTOR, and the Contract Price adjusted by Change Order.
B. Measurement: Payment for temporary pavement at trenches limited to a width 2 feet each side of
the inside diameter of the pipe installed and, at structures, to an area equal to that defined by the
largest outside dimensions of the structure plus 2 feet on all sides. Temporary pavement beyond the
lines of measurement to be at the expense of CONTRACTOR.
1.5 PROJECT CONDITIONS
A. Gravel and stone roadways, driveways, and parking areas are not classified as pavements. Replace
to a condition similar to that existing before the start of the Project.
B. Classify driveways and parking areas as pavements according to the materials of construction.
C. If CONTRACTOR's operations require removal of the temporary pavement after initial placement,
except removal immediately prior to permanent pavement replacement, place additional temporary
pavement as specified at no additional cost to OWNER.
I HIL9901B 02576-1 06129199
A. Match existing in location, type, size, color, and material; comply with appropriate NCDOT Division
12 Sections.
2.4 SHOULDERS, CURBS, AND GUTTERS
A. Concrete Materials: Class I; follow Section 03301.
B. Aggregate Materials: Comply with NCDOT Section 510.
PART 3 EXECUTION
3.1 TEMPORARY PAVEMENT
A. Install temporary pavement upon completion of backfilling operations.
B. Maintain temporary pavement until permanent pavement can be placed.
3.2 PERMANENT PAVEMENT REPLACEMENT
A. Remove temporary pavement.
B. Sawcut existing pavement to a neat straight edge to a point 12 inches beyond each side of trench
excavation.
C. In concrete pavement, preserve any reinforcement so that it can be bent back into place.
D. Excavate areas of replacement as required for placement of pavement to thicknesses specified.
E. Fill depressions with mechanically tamped granular material to the proper elevations.
F. Compacted aggregate shall have a firm, even surface. Scarify base and work aggregate in to obtain
maximum keying as required.
G. Asphalt Concrete Base Course: Install in accordance with NCDOT Section 530.
H. Asphalt Concrete Pavement: Install in accordance with NCDOT Sections 640 and 645 as
applicable.
1. Seal faces of existing pavement, curb, structures, and other contact and mating surfaces
against which mixture will be placed, and seal finished joints.
2. Maximum Compacted Depth Per Lift: 3 inches.
3. Apply pavement sealer on driveways and parking areas where existing is sealed not less than
60 days after placement of permanent pavement. Apply from right-of-way to edge of roadway.
1. Concrete Pavement: Install in accordance with NCDOT Sections 710 and 848 as applicable.
1. Joints and Concrete Finish: Match existing.
3.3 PAVEMENT MARKINGS AND MARKERS
A. Match existing; comply with appropriate NCDOT Division 12 Sections.
3.4 SHOULDERS, CURBS, AND GUTTERS
A. Comply with NCDOT Sections 510 and 560, and Section 846 is applicable.
HIL9901 B 02576-3 06129/99
SECTION 02607
MANHOLES AND COVERS
PART 1 GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General Conditions, Supplementary
Conditions (if included), and Division 1 Specifications Sections, apply to this Section.
1.2 SECTION INCLUDES
A. Manholes for sanitary sewers including castings, and accessories.
B. Drop connections.
C. Vents.
1.3 UNIT PRICE - MEASUREMENT AND PAYMENT
A. Manholes: By the price per linear foot for sanitary manholes as measured vertically from the invert to
the top of the casting frame, which shall be at the proper elevation. Includes the manholes, installed
complete, except for the castings, and except for portions of the Work for which separate payment is
made under this or other Sections.
B. Castings: By the price for each, installed complete, for the types included in the Bid items.
C. Drop Connections: By the price per linear foot, installed complete, for the diameter of the vertical
pipe section, as measured vertically from invert to invert of the drop.
PART 2 PRODUCTS
2.1 MATERIALS
A. Precast Concrete Sections: ASTM C478.
B. Cast-In-Place Concrete Sections: Follow Section 03301.
C. Resilient Connectors: ASTM C923; A-Lok by A-Lok Corporation, Kor-N-Seal by National Pollution
Control Systems, Inc., or as approved.
D. Rubber Gasket Joints: ASTM C443.
E. External Joint Sealing Bands: ASTM C877, Type I, Rubber and Mastic Bands; Cadilloc External
Pipe Joint, or as approved.
F. Manhole Steps: ASTM C478, aluminum or reinforced polypropylene.
G. Castings: ASTM A48, Class 30B heavy duty gray iron, coated with a water base asphalt paint (a
nontoxic, nonflammable, and odorless asphalt emulsion that dries to a hard, black gloss finish).
H. Mortar: ASTM C270, Type S with no masonry cement; compose using two parts Portland cement to
two parts sand by volume.
HIL9901B 02607-1 06/29/99
continuous through the entire length of legs and tread; steps of the press fit type driven into the
concrete wall shall have a pullout resistance of at least 1,500 pounds per leg, as evidenced by test
data.
F. Frames and Covers: Minimum total weight of 375 pounds, machined bearing surfaces, frame with
24 inch diameter clear opening and 7 inch height, cover with strengthening ribs on underside and
words "SANITARY SEWER" cast into top, and of the following types:
1. Standard Frames and Covers: East Jordan Iron Works Cat. No. 1040 with Type A heavy duty
solid cover, or as approved.
2. Watertight Frames and Covers: East Jordan Iron Works Cat. No. 1040WT with Type A heavy
duty solid cover, or as approved, complete with a gasket seal, and four recessed bronze or
stainless steel cap screws or hex head machine screws or four recessed locking devices with
stainless steel hex head bolts, and no open pickholes.
G. Sanitary Manhole Stubs and Plugs: Pipe and fittings for future connections and terminating 4'-0"
outside the manhole wall with a full pipe bell.
H. Drop Connections: Consist of a tee at the upper end connected into the manhole, a vertical section
of pipe, and a 90 degree bend at the lower end connected into the manhole at the lowest pipe invert,
encased wholly in Class II concrete with hook bolts and expansion shields. Diameter of drop
connection to be two sizes smaller than the main sewer, but not less than 8 inches. Provide a plug in
upstream end of tee when not immediately connected to a sewer, and provide a second in the
discharge end of the tee to prevent short circuiting. Drop connections may be integral ASTM C478
precast manhole sections with ASTM C443 gasketed joints incorporating a PVC liner with cast in
place monolithic joints; Dura-Crete, Inc., or as approved.
PART 3 EXECUTION
3.1 PREPARATION
A. Excavate trench for Work of this Section; follow Section 02225.
B. Clean and coat castings with asphalt paint prior to installation.
3.2 INSTALLATION
A. Install base with top surface level; install on cushion of approved compacted granular material.
B. Install wall sections plumb and level. When walls include steps, install with steps in the center of a
traffic lane or between lanes where possible when in pavement, and, when outside pavement, with
steps located away from the pavement edge unless the manhole is within a ditch line, then locate
steps on the high side of the ditch slope.
C. For sanitary manholes, provide a drop connection for each sewer entering a manhole at an elevation
of 24 inches or more above the manhole invert.
D. Install stubs and plugs; follow Section 02732.
E. Set grade rings in a full bed of mortar and mortar the interior of the grade rings to provide a smooth
common surface from frame to top.
F. Anchor manhole frames using four 3/4 inch diameter all-threaded rods each of a length to extend
through the grade rings and to the bottom of the hole in the manhole top, and allowing for at least the
length of one nut to protrude through the nut when tightened, and complete with washer and nut. Set
I HILM1 B 02607-3 06/29/99
I SECTION 02732
PIPE SEWERS
PART 1 GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General Conditions, Supplementary
Conditions (if included), and Division 1 Specifications Sections, apply to this Section.
1.2 SECTION INCLUDES
A. Pipe, fittings, accessories, and bedding for sanitary sewers, including service connections.
1.3 UNIT PRICE - MEASUREMENT AND PAYMENT
A. Pipe Sewers: By the price per linear foot for sanitary sewers of the sizes and at the depths included
in the Bid items. Depths shall be measured from the original ground surface to the pipe invert.
Lengths shall include the lengths of fittings which are laid in the main line and shall be the distance
measured from center to center of structures, except at existing structures where measurement shall
be from the wall of the structure, and except for pipe within steel encasement pipe. Includes the pipe
sewers, installed complete, except for portions of the Work for which separate payment is made
under this or other Sections. Upon installation of pipe in open cut and completion of bedding and
backfilling operations, an amount equal to at least 10 percent of bid price per linear foot will be
withheld for completion of testing, seeding and replacement of existing facilities, where payment
therefor is not made under other Sections. For other than open cut, the amount so withheld will be at
least 3 percent of the price bid per linear foot. Individual circumstances shall determine whether an
amount in excess of the percentage indicated will be withheld. When items for which monies are
withheld are completed, or partially completed, the amount withheld shall be appropriately reduced.
Amounts withheld pursuant to this paragraph shall be in addition to retainage made pursuant to
applicable requirements of the Contract Documents.
B. Service Connections: By the price per linear foot. Lengths shall include lengths of fittings laid in the
service connection and shall be the length as measured along the centerline of the service
connection from the connection to the main sewer to the end of the service connection; includes both
risers and that portion laid to grade in open cut, and the cleanout. No separate payment will be
made for fittings, except for service connection wyes in the main line.
C. Service Connection Wyes: By the price for each for the sizes included in the Bid items. Includes the
furnishing and installation of a wye in the main line for a service connection.
1.4 DEFINITIONS
A. Bedding: Material placed under, beside and directly over the pipe for the full width of the trench and
from the depths of excavation specified in Section 02225 up to the following:
1. For all PVC plastic pipe and for all other pipe 21 inches in diameter and smaller, up to a
M horizontal plane a distance of 12 inches above the top of the pipe barrel.
1.5 SUBMITTALS
' A. Manufacturer's Affidavit: The manufacturer shall furnish an affidavit indicating that the pipe, fittings
and appurtenances have been manufactured and tested in accordance with the requirements of the
applicable referenced Standards. A copy of the affidavit, indicating the Project on which the material
is to be used, shall be submitted as a Shop Drawing to ENGINEER prior to construction.
HIL9901 B 02732-1 06129/99
A. Excavate trench in accordance with Section 02225 for work of this Section, and so that the
maximum allowable trench width at the top of the pipe does not exceed that given in the
following table:
MAXIMUM ALLOWABLE TRENCH WIDTH
(As measured at top of pipe)
Pipe Diameter All Pipe
4 2'-3"
6 2'-3"
8 2'-3"
10 2-6"
12 2'-9"
15 3'-0-
18 3'-3"
* For PVC plastic pipe, the maximum allowable trench width at the top of the pipe is solely for the purpose
of establishing limits for the payment of items based upon trench widths. The actual trench width used for
installation may be in accordance with ASTM D2321.
3.2 INSTALLATION - BEDDING
A. Place bedding material at trench bottom and shape to conform to bottom quadrant of pipe barrel.
Provide at least the minimum of bedding under pipe bells.
B. ENGINEER reserves the privilege of altering the type of bedding material and regulating the exact
grading of the bedding material depending upon the water characteristics of the trench.
C. After pipe is laid, shovel place and tamp to fill all voids.
D. Place in 6 inch layers, loose measurement, and compact by hand or mechanical tamping to not less
than 95 percent of maximum density as determined in accordance with ASTM D698 (Standard
Proctor).
E. Carefully place and tamp so as not to damage or displace joints or pipe. Do not drop material
directly on pipe.
F. Maintain optimum moisture content of bedding material to attain required compaction density.
3.3 INSTALLATION - PIPE SEWERS
A. Except where otherwise specifically required or permitted by ENGINEER, lay sewers in open trench,
starting at the lowest point, with spigot ends pointing in the direction of flow.
B. Install PVC plastic pipe and fittings in accordance with ASTM D2321 and the requirements of these
Specifications.
HIL9901 B 02732-3 06/29/99
B. Make connections watertight.
C. Where necessary, reshape the bottoms of existing structures to give a smooth flow in all directions.
D. Connect unlike types and sizes of pipe using proper adapter or connector by Femco, Inc., Joints,
Inc., or as approved.
3.6 FIELD QUALITY CONTROL
A. OWNER or ENGINEER may check compaction of the bedding at any time.
B. For compacted bedding in trenches, OWNER may employ a testing laboratory to make tests on site
and will pay all costs for the first set of tests performed per lift. If compaction fails to meet
specifications, all succeeding tests for that lift shall be at expense of CONTRACTOR.
C. Test sanitary sewers for leakage; follow Section 02733.
D. Deflection Test:
1. Test 8 inch diameter and larger PVC plastic pipe for a maximum deflection of 5 percent not less
than 30 days after final full backfill has been placed, as determined by ENGINEER.
2. Conduct deflection tests with a representative of ENGINEER present.
3. Repair or replace pipes exceeding a deflection of 5 percent and then retest until satisfactory test
results are obtained.
4. Conduct tests by pulling an approved deflection probe, having a diameter not less than 95
percent of the base inside diameter or average inside diameter of the pipe depending on which
is specified in the ASTM Specification, including the appendix, to which the pipe is
manufactured, through the sewer line without mechanical pulling devices. Have a proving ring
with a I.D. equal to the O.D. of the probe available at the time the probe is used to verify that the
probe has the proper diameter by inserting the probe into the ring. The pipe shall be measured
in accordance with ASTM D2122.
5. Deflection Probe: By Wortco, Inc., Burke Concrete Accessories, Inc., or as approved; designed
specifically for testing the deflection of the type and size of pipe subject to test; and complying
with the following:
a. Odd number (no less than 9) of 1/2" x 3/16" bar stock runners equally spaced on edge
around and welded to the circumference of two minimum 1/4 inch thick circular steel
plates.
b. Distance between plates, out-to-out, of not less than 2 inches smaller than the nominal
diameter of the pipe to be tested, with runners extending approximately 1-1/2 inches
beyond each plate, being bent inward for this distance at approximately 30 degrees.
c. Continuous 3/4 inch threaded rod through the center of the plates, having a hex nut drawn
tight against the inside face of each plate, and extending each side as required for
providing a 3/4 inch ferrule loop insert or similar piece for attaching the pulling medium.
I END OF SECTION
I H I L9901 B 02732-5 06129/99
I SECTION 02733
SANITARY SEWER LEAKAGE TESTING
PART 1 GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General Conditions, Supplementary
Conditions (if included), and Division 1 Specifications Sections, apply to this Section.
1.2 SECTION INCLUDES
A. Leakage testing of sanitary sewers for the entire length of the Work, including service connections
and manholes.
1.3 PERFORMANCE REQUIREMENTS
A. Perform leakage testing after deflection testing, where applicable.
' B. Perform with representative of ENGINEER present.
C. Judgment of ENGINEER's representative as to the acceptance of tests is final.
D. Perform leakage testing of plastic pipe in accordance with ASTM F1417 and the requirements of
this Section. In the event of conflict, the requirements of ASTM F1417 take precedence.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
3.1 PREPARATION
A. Test each section of pipe for obstructions prior to testing for leakage using mandrels, solid cylinders,
or balls with diameters of 95 percent of the pipe diameter. Remove obstructions.
B. Determine ground water level by installing ground water gauges in manholes as selected by
ENGINEER. Gauges shall consist of a rigid section of 1/2 inch diameter pipe, approximately 10
inches long, inserted horizontally through the manhole wall as near as possible to pipe crown,
sealing any opening around the pipe watertight, and a clear plastic tube attached to the pipe within
the manhole and extended vertically to the top of the manhole. Prior to connecting the tube, blow air
through the pipe with sufficient pressure to clear the line. Upon satisfactory completion of leakage
testing, remove gauges and permanently close openings in the manhole walls with non-shrink and
non-metallic grout.
C. When pipe crown is covered with two feet or more of water at the highest point in the test section,
1 conduct an infiltration test. Should ground water not provide sufficient head, flood trench within test
section, bulkheading each end of the section, to obtain or maintain the specified external head, or
conduct an air test or an exfiltration test.
D. Plugs used during leakage tests shall be of a length at least equal to the diameter of the pipe being
tested to assure a watertight seal.
HIL9901 B 02733-1 06/29/99

G. Apply air pressure slowly to the test section until the pressure reaches 4.0 psi, plus an adjustment of
0.433 psi for each foot of ground water above the pipe crown in the line being tested. Internal air
„i pressure, including adjustment for ground water, should never exceed 5.0 psi.
H. When the pressure reaches 4.0 psi, plus adjustment for ground water, throttle the air supply so that
the internal pressure is maintained between 4.0 and 3.5 psi for at least two minutes to permit
temperature stabilization. When the pressure has stabilized and is at or above 3.5 psi, disconnect
the air supply, start a stop watch, and allow stop watch to run until the pressure has dropped 1.0 psi.
1. Calculate the permissible time allocated for the 1.0 psi pressure drop on the basis of the diameter
and length of main sewer tested, no adjustment being made for service connections included in the
test section. The air test for a section shall be considered acceptable if the time elapsed for the 1.0
psi pressure drop is equal to or greater than the time indicated, and shall be considered
unacceptable if the elapsed time is less than that indicated in the following tables:
1. For sewers of all pipe types, except plastic:
MINIMUM HOLDING TIME IN MINUTES REQUIRED
FOR 1.0 PSI PRESSURE DROP
PIPE LENGTH OF MAIN LINE TESTED
DIAMETER 100' 200' 300' 400' 500' 600'
8" 1-1/4 2-1/4 3-1/2 3-3/4 3-3/4 3-3/4
10" 1-3/4 3-3/4 4-3/4 4-3/4 4-3/4 4-3/4
12" 2-3/4 5-1/4 5-3/4 5-3/4 5-3/4 5-3/4
* Interpolate time for intermediate lengths.
1 1. For sewers of plastic pipe only:
MINIMUM HOLDING TIME IN MINUTES: SECONDS REQUIRED
FOR 1.0 PSI PRESSURE DROP**
PIPE LENGTH OF MAIN LINE TESTED
DIAMETER 100' 150' 200' 250' 300' 350' 400' 450'
4" 3:46 3:46 3:46 3:46 3:46 3:46 3:46 3:46
6" 5:40 5:40 5:40 5:40 5:40 5:40 5:42 6:24
819, 7:34 7:34 7:34 7:34 7:36 8:52 10:08 11:24
10" 9:26 9:26 9:26 9:53 11:52 13:51 15:49 17:48
12" 11:20 11:20 1124 14:15 17:05 19:56 22:47 25:38
* Interpolate time for intermediate lengths.
' ** If the test section fails and service connections were included in the test, recompute test time
to include service connections in accordance with 9.6 of ASTM F1417.
I HIL1901B 02733-3 06129/99 ,
3.6 REPAIR/REPLACEMENT
A. For any sewer test section failing to meet the limits of the Specifications, locate and remedy the
defects causing the failure, retest the section, and continue repairs or replacement until the limits of
the Specifications are satisfied.
B. For sewers not accessible, should a test fail due to other than a leaking plug, conduct a closed circuit
television inspection of the test section to determine the cause of the failure.
C. When failure is the result of a leaking sewer joint, the joint may be chemically grouted.
D. Television inspection and chemical grouting of sewer joints shall comply with all applicable
"Recommended Specifications for Sewer Collection System Rehabilitation" of the National
Association of Sewer Service Companies as approved by ENGINEER. Furnish OWNER video
tapes of all television inspections.
E. If a manhole test is unsuccessful, make repairs and retest until a satisfactory test is obtained.
F. Repair all visible leakage in sewers and manholes, even though tests may have been satisfactory.
END OF SECTION
HIL9901 B 02733-5 06/29/99
SECTION 02750
EXISTING SEWER AND DRAIN REPLACEMENT
PART 1 GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General Conditions, Supplementary
Conditions (if included), and Division 1 Specifications Sections, apply to this Section.
1.2 SECTION INCLUDES
A. Replacement of existing sewers and drains which must be removed or are damaged during
trenching or other operations, and not noted to be removed or abandoned.
B. Wood supports and bracing.
C. Compacted granular material for pipe support.
1.3 UNIT PRICE - MEASUREMENT AND PAYMENT
A. Sewer and Drain Replacement: By the price per linear foot for the sizes included in the Bid items.
Payment will be made only for sewers and drains not shown on the Drawings or marked at the time
of construction by the utility owner. Replacement of sewers and drains shown on the Drawings or
marked at the time of construction by the utility owner and replacement of sewers and drains beyond
the lines of measurement for sewers and drains not shown on the Drawings or marked at the time of
construction by the utility owner shall be made in a manner identical to that within the lines of
measurement, but at the expense of CONTRACTOR.
1. Measurement: Payment will be made for the length installed within an excavation having a
width limited to 2 feet each side of the nominal inside diameter of the main line pipe being
installed.
B. Compacted Granular Material for Pipe Support: At the unit price included in the Contract for granular
backfill under Section 02225 when approved by ENGINEER for supporting sewers and drains
replaced when the sewers and drains replaced were not shown on the Drawings or marked at the
time of construction by the utility owner.
1. Measurement: Payment will be limited to that provided within an excavation having a width
limited to 2 feet each side of the nominal inside diameter of the main line pipe being installed
and 12 inches each side of the replacement sewer or drain pipe barrel.
1.4 ADJUSTMENT PRICE - MEASUREMENT AND PAYMENT
A. Wood supports and bracing for supporting sewers and drains replaced when required for sewers
and drains not shown on the drawings or marked at the time of construction by the utility owner will
be paid for at the appropriate adjustment price included in the Contract or, if not included, at a price
mutually agreed upon by OWNER and CONTRACTOR, and the Contract Price adjusted by Change
Order.
1. Measurement: Payment will be made for a length installed within an excavation having a width
limited to 2 feet each side of the nominal inside diameter of the main line pipe being installed.
PART 2 PRODUCTS
2.1 EXISTING MATERIALS
I HIL9901 B 02750-1 06130/99
2. Compacted Granular Material: When approved by ENGINEER and with CONTRACTOR
responsible for all testing for compaction, provide from above main line pipe embedment
' material to 12 inches above top of replacement pipe barrel.
END OF SECTION
HIL9901 B 02750-3
06/30/99
SECTION 02930
SEEDING
PART 1 GENERAL
' 1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General Conditions, Supplementary
Conditions (if included), and Division 1 Specifications Sections, apply to this Section.
1.2 SECTION INCLUDES
' A. Preparation of topsoil.
B. Fertilizing, seeding, mulching, and watering.
C. Maintenance.
1.3 PROJECT CONDITIONS
A. Seeding is required for all earth areas disturbed by CONTRACTOR's operations.
1.4 QUALITY ASSURANCE
A. Provide seed mixture in containers showing percentage of seed mix, year of production, net weight,
date of packaging, and location of packaging.
1.5 REGULATORY REQUIREMENTS
' A. Seeds to be approved by North Carolina Department of Agriculture.
1.6 DELIVERY, STORAGE, AND PROTECTION
A. Deliver grass seed in separate varieties, separately packaged or bagged, with labels or tags in
accordance with U.S. Department of Agriculture rules and regulations under Federal Seed Act and
approved by the North Carolina Department of Agriculture. Seed in damaged packaging is not
acceptable.
B. Deliver fertilizer in waterproof bags showing weight, chemical analysis, and name of manufacturer.
1.7 MAINTENANCE SERVICE
A. Maintain seeded areas immediately after placement until grass is well established and exhibits a
vigorous growing condition for two cuttings.
PART 2 PRODUCTS
2.1 SEED MIXTURE
A. General
1. Seed Mixture:
a. 70#/acre Ky. Tall Fescue or Fescue.
b. 50#/acre Kobe or Korean Lespedeza.
HIL9901B 02930-1 06129/99
C. Do not apply fertilizer at same time or with same machine as will be used to apply seed.
D. Mix thoroughly into upper 2 inches of topsoil.
E. Lightly water to aid the dissipation of fertilizer.
3.4 SEEDING
A. Mix seed varieties in the presence of a representative of OWNER or ENGINEER.
B. Apply seed at the rate noted in paragraph 2.1., above. Apply evenly in two intersecting directions.
Rake in lightly to cover seed to a depth of 1/4 inch.
C. Do not seed areas in excess of that which can be mulched on same day.
D. Do not sow immediately following rain, when ground is too dry, frozen or during windy periods.
E. Immediately following seeding, apply mulch at a rate of 2 tons per acre for straw when seeding
between March 15 and October 15, and at the rate of 3 tons per acre for straw when seeding
between October 15 and March 15. Secure mulch in place. Maintain clear of shrubs and trees.
F. Apply water with a fine spray immediately after each area has been mulched. Saturate to 4 inches of
soil.
3.5 SEED PROTECTION
A. Identify seeded areas with stakes and string around area periphery. Set string height to 12 inches.
Space stakes at 48 inches.
B. Cover seeded slopes where grade is 1:3 or greater with erosion fabric. Roll fabric onto slopes without
stretching or pulling.
C. Lay fabric smoothly on surface, bury top end of each section in 6 inch deep excavated topsoil trench.
Provide 12 inch overlap of adjacent rolls. Backfill trench and rake smooth, level with adjacent soil.
D. Secure outside edges and overlaps at 36 inch intervals with stakes.
E. Lightly dress slopes with topsoil to ensure close contact between fabric and soil.
F. At sides of ditches, lay fabric laps in direction of water flow. Lap ends and edges minimum 6 inches.
3.6 MAINTENANCE
A. Protect seeded areas with warning signs during maintenance period.
B. Protect and care for all seeded areas until grass is well established, dense uniform growth at least 4
inches high. Then remove excess mulch from seeded area and then mow. Contractor is
responsible for grass for 2 weeks after this mowing.
C. After 2 week period, reseed all areas not showing a prompt "catch" at 21 day intervals until a good
growth is established.
END OF SECTION
HIL9901 B 02930-3 06/29/99
SECTION 03301
CAST-IN-PLACE CONCRETE
PART 1 GENERAL
' 1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General Conditions, Supplementary
Conditions (if included), and Division 1 Specifications Sections, apply to this Section.
1.2 SECTION INCLUDES
A. Formwork for cast-in-place concrete.
B. Openings for other work.
C. Form accessories.
D. Reinforcing steel bars, wire fabric and accessories for cast-in-place concrete.
E. Cast-in-place concrete.
F. Finishing and curing of horizontal and vertical concrete surfaces.
1.3 ADJUSTMENT PRICE - MEASUREMENT AND PAYMENT
A. Providing of cast-in-place concrete and reinforcing steel in addition to that shown or specified at the
written direction of ENGINEER will be paid for at the appropriate adjustment prices included in the
Contract or, if not included, at prices mutually agreed upon by OWNER and CONTRACTOR, and
the Contract Price will be adjusted by Change Order.
1.4 QUALITY ASSURANCE
A. Comply with ACI 301-96 unless specifically noted otherwise.
1.5 DEFINITIONS
A. Exposed: Exposed to view by persons responsible for operation or maintenance of the structure.
PART 2 PRODUCTS
2.1 FORM MATERIALS
A. Forms for Exposed Finish Concrete: Plywood, metal, metal-framed plywood faced, or other
acceptable panel-type materials, to provide continuous, straight, smooth, exposed surfaces. Furnish
in largest practicable sizes to minimize number of form marks.
1. Plywood: U.S. Product Standard PS-1 "B-B (Concrete Form) Plywood", Class I, Exterior Grade
or better, mill-oiled and edge-sealed, with each piece bearing legible inspection trademark.
B. Forms for Unexposed Finish Concrete: Plywood, lumber, metal, or other acceptable material.
Provide lumber dressed on at least two edges and one side for tight fit.
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2.4 CURING MATERIALS
A. Membrane Curing Compound: ASTM C309, Type I-D, Class B, clear with fugitive dye which
disappears approximately 24 hours after exposure to sunlight; Spray-Cure Safe Cure Clear, Euclid
Chemical Company Kurez DR, or as approved. Curing compound shall be compatible with coatings
which are to be applied to the concrete surface.
B. Absorptive Mats: Burlap-polyethylene, minimum 8 oz/sq. yd bonded to prevent separation during
handling and placing.
C. Water: Potable, not detrimental to concrete.
2.5 ACCESSORIES
A. Vapor Retarder: 6 mil thick clear polyethylene film.
B. Non-Shrink Grout: Premixed compound consisting of non-metallic aggregate, cement, water
reducing and plasticizing agents; capable of developing minimum compressive strength of 5,000 psi
in 28 days; Master Builders Masterflow 713, or as approved.
C. Epoxy Grout: Two component epoxy resin bonding system capable of developing a minimum bond
strength of 1,100 psi in 48 hours; ASTM C881 Type IV, Grade 3, Class B and C; Euclid Chemical
Company EUCO 452 GEL; or as approved.
D. Joint Filler Type A: ASTM D994; asphalt impregnated fiberboard or felt; W.R. Meadows Asphalt
Joint; or as approved.
E. Joint Filler Type B: ASTM D1752, pre-molded sponge rubber fully compressible with recovery rate
of minimum 95 percent; W.R. Meadows Sponge Rubber, or as approved.
2.6 CONCRETE MIX
A. Concrete Proportions: Comply with ACI 301, 4.2.3.
B. Class I Concrete: Provide concrete to the following criteria:
1. Compressive Strength (7 day): 3,200 psi.
2. Compressive Strength (28 day): 4,000 psi.
3. Water/Cement Ratio (maximum): 0.50 by weight.
4. Air Entrained: 6 percent, ±1 percent.
5. Fly Ash Content: Maximum 25 percent of cement content.
6. Slump (maximum): 3 inches (due to water).
7. High Range Water Reducer: Add at site to increase slump to 6 inches, ±1-1/2 inches.
C. Class II Concrete: Provide concrete to the following criteria:
1. Compressive Strength (28 day): 2,500 psi.
2. Fly Ash Content: Maximum 25 percent of cement content.
3. Slump (maximum): 6 inches.
' D. Mudmat Concrete: Provide concrete to the following criteria:
1. Compressive Strength (28 day): 1,000 psi.
PART 3 EXECUTION
3.1 ERECTION - FORMWORK
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C. Advise the designated testing agency not less than 24 hours before operations to allow for
completion of quality tests.
3.5 CONCRETE FINISHING
' A. Concrete Surfaces Not Exposed: ACI 301, 5.3.3.3.a, rough form finish.
B. Exposed Formed Surfaces: ACI 301, 5.3.3.4.b, grout cleaned finish.
3.6 CURING
A. Horizontal Surfaces: Cure floor surfaces in accordance with ACI 301 using any of the following
accepted procedures.
1. Spraying: Spray water over floor slab areas and maintain wet for 7 days.
2. Absorptive Mat: Saturate burlap-polyethylene and place burlap-side down over floor slab areas,
lapping ends and sides; maintain in place for 7 days.
' 3. Membrane Curing Compound: Pavement, walks, and curbs only.
B. Vertical Surfaces: Cure surfaces using any of the following accepted procedures.
1. Formwork: Keep forms in place for 7 days.
2. Membrane Curing Compound.
3.7 FIELD QUALITY CONTROL
A. Tests of concrete slump, air content and strength will be made at the direction of ENGINEER.
' END OF SECTION

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