HomeMy WebLinkAbout19960274 Ver 1_COMPLETE FILE_19960328State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary p E H N F?
A. Preston Howard, Jr., P.E., Director
April 10, 1996
Gaston County
DEM Project # 960274
APPROVAL of 401 Water Quality Certification
Mr. Mitchell B. Moore
City Manager
City of Belmont
P.O. Box 431
Belmont, NC 28012
Dear Mr. Moore:
You have our approval to place fill material in 0.17 acres of wetlands or waters for the purpose of
constructing a sewer line at 10th Street and Vine Street, as you described in your application dated 26
March 1996. After reviewing your application, we have decided that this fill is covered by General
Water Quality Certification Number 3022. This certification allows you to use Nationwide Permit
Number 12 when it is issued by the Corps of Engineers.
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 you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
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 Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section
401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-
1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DEM Regional Office
Mr. John Dorney
Central Files
Gerald Hatton; FPS
0 Sin crcly,
IL? 6
r n
ton o ard, Jr. P.E.
960274.1tr
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/100/6 post consumer paper
FINKBIANER, PETTIS & STROUT, INC.
March 26, 1996
,,,,NY11 I]%(,[ 11''I'm-I R, Mr. John Dorney
NC Division of Environmental Management
Water Quality Planning Section
It)N1,N( 4401 Reedy Creek Road ill, Raleigh, NC 27607
-,14 X21 4941 IAA
Re: City of Belmont
West Outfall Sewer Project
Dear Mr. Dorney:
On behalf of the City of Belmont, we are submitting the following materials
in support of Certification under Nationwide Permit # 12 - Utility Lines and
F?S approval to construct the referenced project:
1. Joint Form for Nationwide Permits signed by the City of Belmont (7
copies). Attachments include vicinity map, wetlands delineation
exhibits, and wetland impact calculations.
2. Construction plans consisting of a cover and 8 sheets (3 copy).
3. Project specifications (3 copy).
The proposed project consists of the installation of an 18-inch sanitary
outfall sewer serving the central portion of the City. This sewer parallels an
existing sewer which will remain in operation.
Should you have any comments or questions, please feel free to contact
us directly.
Sincerely,
4 Lk li, 14 -4-
Gerald E. Hatton, P.E.
c: Mitchell B. Moore, City Manager
BEL9508B
DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 12 -Utility Lines
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WRIVUNGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone (919) 251-4511
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Box 29535
Raleiggh. NC 27626-0535
An& MR JOHN DORNEY
Telephone (919) 733-5083
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
?1. Owners Name: City of Belmont North Carolina
?2. Owners Address: P.O. Box 431, 115 N. Main St., Belmont, NC 28012
?3. Owners Phone Number (Home): N/A (Work): (704) 825-5586
?4. If Applicable: Agent's name or responsible corporate official, address, phone number-
Mitchell B Moore, City Manager
,15. Location of work (MUST ATTACH MAP). County: Gaston
Nearest Town or City: City of Belmont
Specific Location-(Include road numbers, landmarks, etc.): 10th Street and Vine Street
V6. -Name of Closest Stream/River. Stowe Branch
7. River Basin: Catawba River
8. Is this project located in a watershed classified as Trout. SA, HQW, ORW, WS I, or WS 11? YES [ ) NO [x]
? 9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO (X]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
0.17 acres
? 11. Number of acres of waters of the U.S.. including wetlands, impacted by the proposed project:
Filled. 0.06 acres
Drained. 0.00 -
Flooded: 0.00
Excavated: 0.11
Total Impacted: 0.17 acres
?12. Description of proposed work (c drawings only):
4,448 feet of 18-inch sanitary sewer, 346 feet of 8-inch sewer, 31 manholes
and appurtenances.
V113. Purpose of proposed work: To add needed capacity to an existing outfall sewer from
downtown Belmont to the City's wastewater treatment plant.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. Proposed sewer parallels existing sewer and must follow
the topography. Minimal wetlands are impacted. Restoration in accord with requirements.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine.Fisheries Service
(NMFS) regarding the presence or any Federall y listed or proposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected y the proposed project. Have you done so? YES[ ] NO [x ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [ ] NO [x ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property. (Attached)
B. If available, representative photograph of wetlands to be impacted by project. N/A
C.. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line. Delineation by Corps.
D. If a stormwater management plan is required for this project, attach copy. N/A
E. What is land use of surrounding property? Vacant residential
F. If applicable, what is proposed method of sewage disposal? N/A
Owner's Signature Date
Mitchell B. Moore, City Manager
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PROJECT MANUAL
FOR
WEST OUTFACE SEWER
IMPROVEMENTS
Engineer's Project No. BEL9508B
1996
OWNER:
CITY OF BELMONT
City Hall
115 North Main Street
Belmont, North Carolina 28012
ENGINEER:
FINKBEINER, PETTIS & STROUT, INC.
Consulting Engineers
27 Catawba Street, Suite B
Belmont, North Carolina 28012
(704) 825-5450
FAX (704) 825-4941
Address all communications regarding this project to the Engineer at the address listed above.
t
ENGINEER CERTIFICATION
I HEREBY CERTIFY THAT THE SPECIFICATIONS CONTAINED HEREIN AND THE ACCOMPANYING
DRAWINGS WERE PREPARED BY ME OR UNDER MY DIRECT SUPERVISION.
SIGNED, SEALED AND DATED THIS Z 5? DAY OF A4 arc- L ! q q
1996.
•••D??H CARO??'•?
SEAL
15031
G1 Nv
BY
'r•? t et?
TITLE 10101-11-i
6.1
IS 1)
BEL9508B
CITY OF BELMONT, NORTH CAROLINA
WEST OUTFALL SEWER IMPROVEMENTS
f
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TABLE OF CONTENTS
Paces
Biddina Reauirements
Advertisement for Bids AB-1
Instructions to Bidders IB-1 thru I13-6
Bid BD-1 thru BD-7
Bid Bond BB-1
Notice of Award NA-1 thru NA-2
Contract Documents
Agreement AG-1 thru AG-6
Performance Bond PF-1 thru PF-2
Payment Bond PT-1 thru PT-2
Notice to Proceed NP-1
Conditions of Contracts
General Conditions GC-1 thru GC-51
Supplementary Conditions SC-1 thru SC-2
Contract Specifications
Number Section Name No. Pages
Division 1 - General Requirements
01010 Summary of Work 3
01019 Contract Considerations 3
Application for Payment 3
Affidavit of Contractor 3
Affidavit for Final Payment 1
Work Change Directive 1
Change Order 1
01025 Measurement and Payment 6
01039 Coordination and Meetings 2
01070 Abbreviations 2
01300 Submittals 3
01400 Quality Control 3
01500 Construction Facilities and Temporary Controls 7
01600 Material and Equipment 2
Application for Use of "Or- Equal" Item 1
Application for Use of Substitute Item 2
Equipment and Material Checklist CL-1
01700 Closeout 2
Record Drawings Contents List/Affidavit RD-1 thru RD-2
Certificate of Substantial Completion 2
Notice of Acceptability of Work 2
BEL9508B i
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Soecifications ICont'd.
Number Section Name No. Pages
Division 2 - Sitework
02050 Abandonment of Facilities 1
02110 Site Clearing 2
02200 Earthwork 4
02225 Trenching 5
02229 Rock Removal 3
02231 Aggregate Base Course 2
02270 Temporary Erosion Control Measures 5
02275 Rip Rap 2
02315 Pipe Boring and Jacking 2
02510 Bituminous Concrete Paving 2
02520 Portland Cement Concrete Paving 2
02607 Manholes 3
02609 Pipe Culverts 3
02732 Pipe Sewers 6
02733 Sanitary Sewer Leakage Testing 5
02936 Seeding 8
Division 3 - Concrete
03301 Cast-in-Place Concrete 4
BEL9508B
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I BIDDING REQUIREMENTS
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ADVERTISEMENT FOR BIDS
SEALED BIDS for the furnishing of the necessary materials and construction of the WEST OUTFALL
SEWER IMPROVEMENTS for the CITY OF BELMONT, NORTH CAROLINA, will be received by the
City at City Hall, 115 North Main Street, Belmont, North Carolina until
10:00 AM, local time
. 1996
and at that place and promptly thereafter, will be publicly opened and read aloud.
The proposed work consists of the construction of 4,448 linear feet of 18-inch PVC and DIP
sanitary sewer, manholes, and associated appurtenances.
The Bidding Documents, including Drawings and Specifications, are on file at City Hall and at the
office of Finkbeiner, Pettis & Strout, Inc., Consulting Engineers, 27 Catawba Street, Suite B,
Belmont, North Carolina 28012. A set may be obtained by depositing $75.00, check only, with
said Consulting Engineers. Checks shall be made payable to Finkbeiner, Pettis & Strout, Inc.
Deposits are non-refundable.
The City of Belmont, North Carolina reserves the right to reject any or all Bids and to waive any
irregularities in bidding.
Bidders must be licensed contractors in the State of North Carolina. Bids received from Bidders
who are not recorded by the Engineer as having received the Bidding Documents will not be
opened.
Published:
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I BEL9508B
1996
By Order of the City of Belmont, North Carolina
AB-1
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INSTRUCTIONS TO BIDDERS
DEFINED TERMS.
1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions have
the meanings assigned to them in the General Conditions.
1.2 Certain additional terms used in these Instructions to Bidders have the meanings indicated below
which are applicable to both the singular and plural thereof.
1.2.1 Bidder - One who submits a Bid directly to Owner as distinct from a sub-bidder, who submits
a bid to a Bidder.
1.2.2 Issuing Office - The office from which the Bidding Documents are to be obtained.
1.2.3 Successful Bidder -The lowest, responsible and responsive Bidder to whom Owner (on the basis
of Owner's evaluation as hereinafter provided) makes an award.
2. COPIES OF BIDDING DOCUMENTS.
2.1. Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated
in the Advertisement for Bids may be obtained from the Issuing Office.
2.2. Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor
Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete
sets of Bidding Documents.
2.3. 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.
3. QUALIFICATIONS OF BIDDERS.
3.1. To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit
within five days after Bid opening upon Owner's request detailed written evidence such as financial
data, previous experience, present commitments and other such data as may be requested. Each Bid
must contain evidence of Bidder's qualification to do business in the state where the Project is located
or covenant to obtain such qualification prior to award of the contract.
3.2. Bidder, by submission of a Bid, makes representations as to the genuineness of the Bid, the lack
of collusion in connection therewith, and other related matters in accordance with paragraph 3(g) of
the Bid.
4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE.
4.1. It is the responsibility of each Bidder before submitting a Bid:
4.1.1. To examine thoroughly the Contract Documents and other related data identified in the Bidding
Documents (including "technical data" referred to below);
4.1.2. To visit the site to become familiar with and satisfy Bidder as to the general, local and site
conditions that may affect cost, progress, performance or furnishing of the Work;
BEL9508B IB-1
4.1.3. To consider federal, state and local Laws and Regulations that may affect cost, progress,
performance or furnishing of the Work;
4.1.4. To study and carefully correlate Bidder's knowledge and observations with the Contract
Documents and such other related data; and
4.1.5. To promptly notify Engineer of all conflicts, errors, ambiguities or discrepancies which Bidder
has discovered in or between the Contract Documents and such other related documents.
4.2. Reference is made to the General Conditions for identification of:
4.2.1. Those reports of explorations and tests of subsurface conditions at or contiguous to the site
which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon
the general accuracy of the "technical data" contained in such reports but not upon other data,
interpretations, opinions or information contained in such reports or otherwise relating to the subsurface
conditions at the site, nor upon the completeness thereof for the purposes of bidding or construction.
4.2.2. Those drawings of physical conditions in or relating to existing surface and subsurface
structures (except Underground Facilities) which are at or contiguous to the site that have been utilized
by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracy of
the "technical data" contained in such drawings but not upon other data, interpretations, opinions or
information indicated in such drawings or otherwise relating to such structures, nor upon the
completeness thereof for the purposes of bidding or construction. Copies of such reports are available
for review at the office of the Owner and at the office of Engineer. Copies of such reports will also be
made available by Owner at no cost to any Bidder on request. Those reports are not part of the
Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely
as provided in paragraph 4.2.2 of the General Conditions has been identified and established in
paragraphs 4.2.7 and 4.2.8 of the General Conditions. Bidder is responsible for any interpretation or
conclusion drawn from any "technical data" or any such data, interpretations, opinions or information.
4.3. Information and data indicated in the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site is based upon information and data furnished to Owner and
Engineer by owners of such Underground Facilities or others, and Owner, except for its Underground
Facilities, and Engineer do not assume responsibility for the accuracy or completeness thereof.
Information pertaining to existing Underground Facilities may be obtained from the sources indicated
on the Drawings.
4.4. Provisions concerning subsurface conditions, other physical conditions and Underground
Facilities, and possible changes due to differing or unanticipated conditions appear in paragraphs 4.2
and 4.3 of the General Conditions.
4.5. Before submitting a Bid each Bidder will be responsible to obtain such additional or
supplementary examinations, investigations, explorations, tests, studies and data concerning conditions
(surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise, which may
affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the
means, methods, techniques, sequences or procedures of construction to be employed by Bidder and
safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid
for performing and furnishing the Work in accordance with the time, price and other terms and
conditions of the Contract Documents.
4.6. On request, Owner will provide each Bidder access to the site to conduct such examinations,
investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid.
Bidder must fill all holes and clean up and restore the site to its former condition upon completion of
such explorations, investigations, tests and studies.
BEL9508B I13-2
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4.7. Reference is made to Article 7 of the General Conditions for the identification of the general
nature of work that is to be performed at the site by Owner or others (such as utilities and other prime
contractors) that relates to the work for which a Bid is to be submitted.
4.8. 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 Contract Documents and applying the specific
means, methods, techniques, sequences or procedures of construction (if any) that may be shown or
indicated or expressly required by the Contract Documents, that Bidder has given Engineer written
notice of all conflicts, errors, ambiguities and discrepancies that bidder has discovered in the Contract
Documents and the written resolutions thereof by Engineer is acceptable to Bidder, and that the
Contract Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performing and furnishing the Work.
4.9. The provisions of above paragraphs 4.1 through 4.8, inclusive, do not apply to Asbestos,
Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by
paragraph 4.5 of the General Conditions.
5. AVAILABILITY OF LANDS FOR WORK, ETC.
The lands upon which the Work is to be performed, rights-of-way and easements for access thereto
and other lands designated for use by Contractor in performing the Work are identified in the Contract
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 Contract
Documents.
6. INTERPRETATIONS AND ADDENDA.
6.1. All questions about the meaning or intent of the Bidding Documents are to be directed in writing
to Engineer. The person submitting the request shall be responsible for its prompt delivery.
Interpretations or clarifications considered necessary by Engineer in response to such questions will be
issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding
Documents. Questions received less than seven days prior to the date for opening of Bids may not be
answered. Only questions answered by formal written Addenda will be binding. Oral and other
interpretations or clarifications will be without legal effect.
6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner
or Engineer.
6.3. Failure of bidder to receive any Addenda shall not relieve Bidder from any obligation of the Bid
as submitted.
BID SECURITY
7.1. Each Bid must be accompanied by a deposit of cash, or a cashier's check, or a certified check
on a bank or trust company insured by the Federal Deposit Insurance Corporation in an amount equal
to 5% of the Bid. In lieu of making the cash deposit as above provided, Bidder may file a Bid Bond
executed by a corporate surety licensed under the laws of North Carolina to execute such Bonds and
meeting the requirements of paragraph 5.1 of the General Conditions, conditioned that the Surety will
upon demand forthwith make payment to the City of Belmont, North Carolina if Bidder fails to execute
the Agreement in accordance with the Bid Bond. This deposit shall be retained if the Successful Bidder
fails to execute the Agreement within ten days after the award or fails to give satisfactory surety as
BEL9508B I13-3
required for performance under North Carolina General Statutes, Chapter 44A, Article 3.
7.2. The Bid deposit of all except the three lowest bidders will be returned within three days after
the opening of Bids. The Bid deposit of the three lowest bidders will be returned within 48 hours after
the executed Agreement and required Bonds have been finally approved by the Owner.
8. CONTRACT TIMES.
The number of days within which, or the dates by which, the Work is to be substantially completed and
also completed and ready for final payment (the term "Contract Times" is defined in paragraph 1.12
of the General Conditions) are set forth in the Agreement (or incorporated therein by reference to the
attached Bid Form).
9. LIQUIDATED DAMAGES.
Provisions for liquidated damages, if any, are set forth in the Agreement.
10. SUBSTITUTE AND "OR-EQUAL" ITEMS.
The contract, if awarded, will be on the basis of materials and equipment described in the Drawings
or specified in the Specifications without consideration of possible substitute or "or-equal" items.
Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or-equal"
item of material or equipment may be furnished or used by Contractor if acceptable to Engineer,
information for such acceptance will not be considered by Engineer until after the contract is fully
executed. The requirements for consideration and acceptance by Engineer are set forth in paragraph
6.7 of the General Conditions.
11. SUBCONTRACTORS.
11.1. 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.
11.2. No Contractor shall be required to employ any Subcontractor against whom Contractor has
reasonable objection.
12. BID.
12.1. The Bid Form is included with the Bidding Documents.
12.2. All blanks on the Bid Form must be completed by printing in ink or by typewriter.
12.3. Bids by corporations must be executed in the corporate name by the president or a vice-
president (or other corporate officer accompanied by evidence of authority to sign) and the corporate
seal must be affixed and attested by the secretary or an assistant secretary. The corporate address
and state of incorporation must be shown below the signature.
12.4. Bids by partnerships must be executed in the partnership name and signed by a partner, whose
title must appear under the signature and the official address of the partnership must be shown below
the signature.
12.5. All names must be typed or printed in ink below the signature.
12.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which
must be filled in on the Bid Form).
BEL9508B I13-4
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12.7. The address and telephone number for communications regarding the Bid must be shown.
12.8. Evidence of authority to conduct business as an out-of-state corporation in the state where the
Work is to be performed shall be provided in accordance with paragraph 3 above. North Carolina
License Certificate Number indicating compliance with the provisions of North Carolina General Statutes
87.10 must also be shown.
12.9. Bidder should not add any conditions or qualifying statements to the Bid, as otherwise the Bid
may be declared irregular as not being responsive to the Advertisement for Bids.
12.10. The Bid price shall include such amounts as the Bidder deems proper for overhead and profit
on account of cash allowances named in the Contract Documents as provided in paragraph 11.8 of the
General Conditions.
13. SUBMISSION OF BIDS.
Sealed proposals are required and such proposals shall be on the form provided with the Specifications.
Bid blanks shall not be removed from the Specifications. Bids shall state the lump sums or unit prices
and item totals on the blanks provided therefore, shall be submitted at the time and place indicated in
the Advertisement for Bids and shall be enclosed in an opaque sealed envelope, marked with the Project
title (and, if applicable, the designated portion of the project for which the Bid is submitted) and name
and address of Bidder and accompanied by the Bid security and other required documents. If the Bid
is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate
envelope with the notation "BID ENCLOSED" on the face of it.
14. MODIFICATION AND WITHDRAWAL OF BIDS.
14.1. Bids 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 at any time prior
to the opening of Bids.
14.2. Withdrawal of a Bid, after Bids are opened, will only be permitted under the provisions of Laws
and Regulations.
15. OPENING OF BIDS.
Bids will be opened and (unless obviously non-responsive) read aloud publicly at the place where Bids
are to be submitted. 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.
16. BIDS TO REMAIN SUBJECT TO ACCEPTANCE.
All Bids will remain subject to acceptance for sixty days after the day of the Bid opening, but Owner
may, in its sole discretion, release any Bid and return the Bid security prior to that date, or as otherwise
required by Laws and Regulations.
17. AWARD OF CONTRACT.
17.1. Owner reserves the right to reject any or all Bids, including without limitation the rights to reject
any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to 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, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful
financial ability or fails to meet any other pertinent standard or criteria established by Owner. Owner
also reserves the right to waive all informalities. Discrepancies between the multiplication of units of
BEL9508B I13-5
Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated
sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.
Discrepancies between words and figures will be resolved in favor of the words.
17.2. In evaluating Bids, Owner will consider the qualifications of Bidders, 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 such unsolicited alternates by the Bidder will
result in the Bid being considered informal and liable to rejection.
17.3. Owner may conduct such investigations as Owner deems necessary to assist in the evaluation
of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed
Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in
accordance with the Contract Documents to Owner's satisfaction within the prescribed time. Upon
request, Bidder shall submit to the Owner an affidavit listing the names of all partners in a firm, or, in
the case of a Corporation, a list of all officers of said Corporation.
17.4. It is the intention of Owner to award a single contract for the construction of all of the Work
described in these Bidding Documents. The contract will be awarded to lowest, responsible and
responsive Bidder whose evaluation by Owner indicates to Owner that the award will be in the best
interests of the Project.
17.5. If the contract is to be awarded, Owner will give Successful Bidder a Notice of Award within
the time period allowed by Laws and Regulations after the day of the Bid opening, unless Successful
Bidder agrees to a request for an extension of time.
18. CONTRACT SECURITY.
Paragraph 5.1 of the General Conditions sets forth Owner's requirements as to performance and
payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be
accompanied by the required performance and payment Bonds.
19. SIGNING OF AGREEMENT.
When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required
number of unsigned counterparts of the Agreement with all other written Contract Documents attached.
Within ten days thereafter Contractor shall sign and deliver the required number of counterparts of the
Agreement and attached documents to Owner with the required Bonds. Within ten days thereafter
Owner shall deliver one fully signed counterpart to Contractor.
20. SALES, USE AND OTHER TAXES.
Information regarding sales and use taxes is included in paragraph 6.15 of the General Conditions.
21. RETAINAGE
Provisions concerning retainage and Contractors' rights to deposit securities in lieu of retainage are set
forth in the Agreement.
END OF SECTION
BEL9508B I13-6
Addendum Date
Number
(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, performance and furnishing 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, performance and furnishing of the Work.
(d) BIDDER has carefully studied all reports of explorations and tests of subsurface conditions
' at or contiguous to the site and all drawings of physical conditions in or relating to existing
surface or subsurface structures at or contiguous to the site (except Underground Facilities)
which have been identified in paragraphs 4.2.7 and 4.2.8 of the General Conditions.
t BIDDER accepts the determination set forth in paragraphs 4.2.7 and 4.2.8 of the General
Conditions of the extent of the "technical data" contained in such reports and drawings
upon which BIDDER is entitled to rely as provided in paragraph 4.2.2 of the General
Conditions. BIDDER acknowledges that such reports and drawings are not Contract
Documents and may not be complete for BIDDER's purposes. BIDDER acknowledges that
D
Project Identification: WEST OUTFALL SEWER IMPROVEMENTS
This Bid Is Submitted To: CITY OF BELMONT
CITY HALL
115 NORTH MAIN STREET
BELMONT, NC 28012
1 . The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement
with OWNER in the form included in the Contract Documents to perform and furnish all Work as
specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated
in this bid and in accordance with the other terms and conditions of the Contract Documents.
2. 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. This Bid will
remain subject to acceptance for sixty days after the day of Bid opening. BIDDER will sign and deliver
the required number of counterparts of the Agreement with the Bonds and other documents required
by the Bidding Requirements within ten days after the date of OWNER's Notice of Award.
3. In submitting the Bid, BIDDER represents, as more fully set forth in the Agreement that:
(a) BIDDER has examined and carefully studied the Bidding Documents and the following
Addenda receipt of all which is hereby acknowledged: (List Addenda by Addendum
Number and Date)
I BEL9508B BD-1
I
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. BIDDER has obtained and carefully studied (or
assumes responsibility for having done so) all such additional or supplementary
examinations, investigations, explorations, tests, studies and data concerning conditions
(surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise
which may affect cost, progress, performance or furnishing of the Work or which relate to
any aspect of the means, methods, techniques, sequences and procedures of construction
to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER
does not consider that any additional examinations, investigations, explorations, tests,
studies or data are necessary for the determination of this Bid for performance and
furnishing of the Work in accordance with the times, price and other terms and conditions
of the Contract Documents.
(e) BIDDER has correlated the information known to BIDDER, information and observations
obtained from visits to the site, reports and drawings identified in the Contract Documents
and all additional examinations, investigations, explorations, tests, studies and data with
the Contract Documents.
(f) BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities or
discrepancies that BIDDER has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are
generally sufficient to indicate and convey understanding of all terms and conditions for
performing and furnishing the Work for which this Bid is submitted.
(g) This Bid is genuine and not made in the interest or on the behalf of any undisclosed person,
firm or corporation and is not submitted in conformity with any agreement or rules of any
group, association, organization or corporation; BIDDER has not directly or indirectly
induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not
solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has
not sought by collusion to obtain for itself any advantage over any other Bidder or over
OWNER.
4. BIDDER will complete the Work in accordance with the Contract Documents for the following
price(s):
BID SCHEDULE
ESTIMATED
NO ITEM UNIT UNIT PRICE TOTAL
QUANTITY
1 18 INCH PVC SANITARY 1,257 LINEAR
SEWER (454 TO 10 FEET DEEP) FEET
2 18 INCH PVC SANITARY 618 LINEAR
SEWER (10 TO 16 FEET DEEP) FEET
3 18 INCH DIP SANITARY SEWER 1,670 LINEAR
(4%: TO 16 FEET DEEP) FEET
4 18 INCH DIP SANITARY SEWER 433 LINEAR
(OVER 16 FEET DEEP) FEET
1 BEL9508B BD-2
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NO ITEM ESTIMATED UNIT UNIT PRICE TOTAL
QUANTITY
5 18 INCH DIP SANITARY SEWER 180 LINEAR
(RIGID RESTRAINED JOINTS) FEET
6 18 INCH DIP SANITARY SEWER 160 LINEAR
IN 3.6 INCH CASING UNDER FEET
RAILROAD, BORED & JACKED
7 18 INCH DIP SANITARY SEWER 130 LINEAR
IN 36 INCH CASING UNDER FEET
HIGHWAY , BORED & JACKED
8 8 INCH DIP SANITARY SEWER 126 LINEAR
FEET
9 8 INCH DIP SANITARY SEWER 220 LINEAR
(RIGID RESTRAINED JOINTS) FEET
10 STANDARD 4'-0" DIAMETER 26 EACH
MANHOLE 0 6 FEET DEEP OR
LESS)
11 STANDARD 4'-0" DIAMETER 3 EACH
MANHOLE (OVER 16 FEET
DEEP)
12 STANDARD 5'-0" DIAMETER 1 EACH
MANHOLE (16 FEET DEEP OR
LESS)
13 6'-0" DIAMETER FLOW 1 EACH
CONTROL MANHOLE AND
SHEAR GATE
14 DROP PIPE ASSEMBLY FOR 2 EACH
18 INCH SEWER
15 DROP PIPE ASSEMBLY FOR 2 EACH
8 INCH SEWER
16 CONCRETE MANHOLE MARKER 20 EACH
POST
17 12 INCH CMP CULVERT 12 LINEAR
FEET
18 REINFORCED CONCRETE 25 CUBIC
ANCHOR AND ENCASEMENT YARDS
19 REINFORCED CONCRETE PIERS 22 CUBIC
YARDS
20 ROCK EXCAVATION 100 CUBIC
1
1 YARDS
I BEL9508B BD-3
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NO ITEM ESTIMATED UNIT UNIT PRICE TOTAL
QUANTITY
21 IMPORTED GRANULAR 175 CUBIC
BACKFILL YARDS
22 CLEARING AND GRUBBING 3.0 ACRES
23 REMOVE OF TRASH, STATION 70 CUBIC
29+00 TO STATION 30+25 YARDS
24 REMOVE EXISTING MANHOLE 2 EACH
25 PLUG ABANDONED SEWER AT 6 EACH
MANHOLE
26 REMOVE EXISTING SEWER 185 LINEAR
FEET
27 REMOVE EXISTING AERIAL 3 EACH
SEWER SUPPORTS
28 REMOVE AND REPLACE 40 LINEAR
FENCING FEET
29 REMOVE AND REPLACE 35 SQUARE
CONCRETE PAVEMENT YARDS
30 REMOVE AND REPLACE 25 SQUARE
BITUMINOUS PAVEMENT YARDS
31 REMOVE AND REPLACE 10 SQUARE
BITUMINOUS DRIVEWAY YARDS
32 REMOVE AND REPLACE 95 SQUARE
STONE DRIVEWAY YARDS
33 REPLACE PROPERTY 6 EACH
MONUMENTS AND PINS
34 TEMPORARY GRAVEL 4 EACH
CONSTRUCTION ENTRANCE
35 TEMPORARY SILT FENCE 1,800 LINEAR
FEET
36 TEMPORARY DIVERSION DITCH 700 LINEAR
1
1 FEET
I BEL9508B BD-4
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NO ITEM ESTIMATED
QUANTITY UNIT UNIT PRICE TOTAL
37 TEMPORARY SEDIMENT BASIN 3 EACH
38 STONE DITCH CHECK 2 EACH
39 DITCH CHANNEL FIBER
BLANKET LINING 90 SQUARE
YARDS
40 SEEDING 5.0 ACRES
TOTAL BASE BID (Items 1 -40)
DOLLARS
11n Wordel S
Total amounts subject to correction based, as applicable, on the estimated quantities given and the unit
and lump sum prices tendered for material and labor.
All specific cash allowances are included in the price(s) set forth above and have been computed in
accordance with paragraph 11.8 of the General Conditions and Section 01019 - Contract
Considerations.
5. BIDDER agrees that the Work will be substantially complete within 210 calendar days after the
date when the Contract Times commences to run as provided in paragraph 2.3 of the General
Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the
General Conditions within 240 calendar days after the date when the Contract Times commences to
run.
BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to
complete the Work within the times specified in the Agreement.
6. Attached to and made a condition of this Bid is the 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 5 percent of the Bid, 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 ten (10) days after Notice of Award is given by
OWNER.
Communications concerning this Bid will be addressed to BIDDER as indicated below.
8. Terms used in this Bid which are defined in the General Conditions or Instructions will have the
meanings indicated in the General Conditions or Instructions.
BEL9508B BD-5
SUBMITTED ON
State Contractor License No.
19
If BIDDER is:
An Individual
By
(Individual's Name)
doing business as
Business address:
(SEAL)
Phone No.: Fax No.:
A Partnership
By
(Firm Name)
(general partner)
Business address:
Phone No.: Fax No.:
BEL9508B BD-6
A Corporation
By
By
(Corporation Name)
(State of incorporation)
(Name of person authorized to sign)
(SEAL)
(SEAL)
(Title)
Attest
Business address:
(Secretary)
(SEAL)
Phone No.:
Date of Qualification to do business is
A Joint Venture
By
Fax No.:
(Name)
(Address)
By
(Name)
(Address)
Phone No., Fax No., and Address for receipt of official communications
(SEAL)
(SEAL)
(SEAL)
(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.)
BEL9508B BD-7
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BID BOND
KNOW ALL MEN BY THESE PRESENTS,
that we, the undersigned as
Principal, and as Surety, are
hereby held and firmly bound unto the CITY OF BELMONT, NORTH CAROLINA as Owner in the penal sum
of dollars
' ($ 1 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
19_
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 the WEST
OUTFALL SEWER IMPROVEMENTS.
I 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.
(L.S.)
' Principal Phone No.
Surety IMPORTANT - Surety companies executing Bonds
' By must appear on the Treasury Department's most
current list (Circular 570 as amended) and be
authorized to transact business in the state where
Title the Project is located.
' BEL9508B BB-1
NOTICE OF AWARD
Dated
TO:
ADDRESS:
(BIDDER)
19
PROJECT: WEST OUTFALL SEWER IMPROVEMENTS
ENGINEER'S PROJECT NO. BELS508B
You are notified that your Bid dated , 19_ 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 ($ ).
Six copies of each of the proposed Contract Documents (except Drawings) accompany this
Notice of Award. Three sets of the Drawings will be delivered separately or otherwise made available
to you immediately.
You must comply with the following conditions precedent within ten days of the date of this
Notice of Award, that is by , 19_
1. You must deliver to the OWNER six fully executed counterparts of the Agreement.
2. You must deliver with the executed Agreement the Contract Security (Bonds) as
specified in the Instructions to Bidders (paragraph 18), and General Conditions
(paragraph 5.1).
3. (List other conditions precedents).
BEL9508B
NA-1
Failure to comply with these conditions within the time specified will entitle OWNER to consider
your bid in default, to annul this Notice of Award and to declare your Bid Security forfeited.
Within ten days after you comply with the above conditions, OWNER will return to you one fully
signed counterpart of the Agreement with the Contract Documents attached.
Owner: CITY OF BELMONT
By:
(AUTHORIZED SIGNATURE)
(TITLE)
ACCEPTANCE OF NOTICE
(CONTRACTOR)
By:
(AUTHORIZED SIGNATURE)
(TITLE)
(DATE)
COPY to ENGINEER
BEL9508B NA-2
I
[I
CONTRACT DOCUMENTS
THIS AGREEMENT is dated as of the
by
C
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1
day of
and between the City of Belmont (hereinafter called OWNER) and
(hereinafter called CONTRACTOR).
in the year 19
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The
Work is generally described as follows:
The proposed work consists of the construction of 4,448 linear feet of 18-inch PVC and DIP
sanitary sewer, manholes, and associated appurtenances.
Article 2. ENGINEER.
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.
3.1. The Work will be substantially completed within 210 days after the date when the Contract
Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and
ready for final payment in accordance with paragraph 14.13 of the General Conditions within 240 days
after the date when the Contract Times commence to run.
3.2. Liquidated Damages. OWNER and CONTRACTOR 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 3.1 above, plus any extensions thereof allowed in accordance with Article 12
of the General Conditions. They also recognize the delays, expense and difficulties involved in proving
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
day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is
substantially complete, and for each day that expires after the time specified in paragraph 3.1 for
completion and readiness for final payment.
Original Contract Amount
From More Than To & Including
$ 0 $ 50,000
50,000 500,000
500,000 2,000,000
AGREEMENT
Amount of Liquidated Damages
$ 100.00
300.00
600.00
I BEL9508B AG-1
3.3. In addition to the liquidated damages in paragraph 3. 1, CONTRACTOR shall be responsible for
the cost to OWNER of additional services of ENGINEER's office and field personnel resulting from the
delay. The cost of the additional ENGINEER's services shall be charged against the monies due
CONTRACTOR at the following rates:
Office Personnel $80.00 per hour*
Field Personnel (Up to 40 hours per week) $50.00 per hour*
Field Personnel (Over 40 hours per week) $75.00 per hour*
* Plus expenses which shall include all travel and out-of-pocket expenses
incurred by office and field personnel.
The above rates per hour for Office Personnel and Field Personnel are for the 1996 calendar year and
shall be increased 5% for each calendar year thereafter during which this Contract is in full force and
effect.
Article 4. CONTRACT PRICE.
4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents, in current funds, an amount equal to the sum of the established unit price for each
separately identified item of Unit Price Work times the estimated quantity of that item and each
separately identified lump sum price item as indicated in CONTRACTOR's Bid attached to this
Agreement as Exhibit C, and being $
As provided in paragraph 1 1.9 of the General Conditions estimated quantities are not guaranteed, and
determinations of actual quantities and classification are to be made by ENGINEER as provided in
paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph
11.9.2 of the General Conditions.
Article 5. PAYMENT PROCEDURES.
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.
5.1. Progress Payments; Retainege. 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 5.1.1. and 5.1.2.
below. All such payments will be measured by the schedule of values established in paragraph 2.9 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 14.7 of the General Conditions.
5.1.1. Partial payment of the cost of Work completed, until 50% of the Work is completed, as
evidenced by payments in the amount of at least 50% of the Contract Price, but excluding any payment
under paragraph 5.1.2. below, shall be made at the rate of 90% of the estimates. After 50% of the
Work is completed, payment of the cost of Work completed shall be made at the rate of 100% of the
estimates, no further funds being retained.
5.1.2. Materials and equipment not incorporated in the Work (but delivered, suitably stored and
accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General
Conditions) will be paid for at the rate of 90% of its value (with the balance being retainage), as shown
BEL95088 AG-2
by manufacturer's invoices with the amount not to exceed any applicable Bid price or schedule of
values amount for the material or equipment.
5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as
recommended by ENGINEER as provided in said paragraph 14.13.
Article 6. INTEREST.
Upon completion of the Work, the entire balance found to be due shall be paid to CONTRACTOR after
45 days if the Work has been fully completed. If the OWNER fails to make final payment after
approving same, CONTRACTOR, in addition to any other remedies allowed by law, shall be allowed
interest on such moneys not paid within 45 days.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
7.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the
Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents including
"technical data."
7.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general,
local and site conditions that may affect cost, progress, performance or furnishing of the Work.
7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the Work.
7.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing
surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have
been identified in paragraphs 4.2.7 and 4.2.8 of the General Conditions. CONTRACTOR accepts the
determination set forth in paragraphs 4.2.7 and 4.2.8 of the General Conditions of the extent of the
"technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely
as provided in paragraph 4.2.2 of the General Conditions. CONTRACTOR acknowledges that such
reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's
purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for
the accuracy or completeness of information and data indicated in the Contract Documents with respect
to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully
studied (or assumes responsibility for having done so) all such additional supplementary examinations,
investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and
Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress,
performance of furnishing of the Work or which relate to any aspect of the means, methods,
techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety
precautions and programs incident thereto. CONTRACTOR does not consider that any additional
examinations, investigations, explorations, tests, studies or data are necessary for the performance and
furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the
other terms and conditions of the Contract Documents.
7.5. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the site, reports and drawings identified in the Contract Documents
and all additional examinations, investigations, explorations, tests, studies and data with the Contract
BEL9508B AG-3
Documents.
7.6. 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, and 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.
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work consist of the following:
8.1. This Agreement (pages AG-1 to AG-6, inclusive).
8.2. Exhibits to this Agreement (being Exhibits A to C, inclusive).
8.3. Performance and Payment Bonds, identified as Exhibits A and B and being pages PF-1, PF-2,
PT-1 and PT-2.
8.4. Notice to Proceed.
8.5. General Conditions (pages GC-1 to GC-52, inclusive).
8.6. Supplementary Conditions (pages SC-1 to SC-2, inclusive).
8.7. Specifications bearing the title WEST OUTFALL SEWER IMPROVEMENTS and consisting of 3
divisions as listed in table of contents thereof.
8.8. Drawings consisting of a cover sheet and sheets numbered 1 through 8, inclusive with each
sheet bearing the following general title: WEST OUTFALL SEWER IMPROVEMENTS.
8.9. Addenda numbers to , inclusive. 1
8.10. CONTRACTOR's Bid (pages BD-1 to BD-7, inclusive, and attachments) marked Exhibit C.
8.11. Documentation submitted by CONTRACTOR prior to Notice of Award (pages to '
inclusive).
8.12. The following which may be delivered or issued after the Effective Date of the Agreement and '
are not attached hereto: All Written Amendments and other documents amending, modifying or
supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions.
The documents listed in paragraph 8.2 et seq. above are attached to this Agreement (except as
expressly noted otherwise above).
There are no Contract Documents other than those listed above in this Article 8. The Contract '
Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6
of the General Conditions.
For the Contract Documents listed below, in the event that any provision in any of the listed Contract
Documents conflicts with any provision in any other of the listed Contract Documents, the provision
in the component part first enumerated below shall govern over any other component part which '
follows it numerically, except as it may be otherwise specifically stated:
BEL9508B AG-4
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1. Addenda, in reverse numerical order
2. Supplementary Conditions
3. General Conditions
4. Specifications
5. Drawings
6. This Instrument
Article 9. MISCELLANEOUS.
9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have
the meanings indicated in the General Conditions.
9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will
be binding on another party hereto without the written consent of the party sought to be bound; and,
specifically but without limitation, moneys that may become due and moneys that are due may not be
assigned without such consent (except to the extent that the effect of this restriction may be limited
by law), and unless specifically stated to the contrary in any written consent to an assignment no
assignment will release or discharge the assignor from any duty or responsibility under the Contract
Documents.
9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal representatives in
respect to all covenants, agreements and obligations contained in the Contract Documents.
9.4. Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and
binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed
to replace such stricken provision or part thereof with a valid and enforceable provision that comes as
close as possible to expressing the intention of the stricken provision.
BEL9508B AG-5
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in six original
counterparts. All portions of the Contract Documents have been signed, initialed or identified by
OWNER and CONTRACTOR or identified by ENGINEER on their behalf.
This Agreement will be effective on 19 _ (which is the
Effective Date of the Agreement).
OWNER: CITY OF BELMONT
NORTH CAROLINA
BY:
Title:
Attest:
Address for giving notices:
P.O. Box 431
Belmont, NC 28012
(CORPORATE SEAL)
CONTRACTOR:
By:
Title:
Attest:
Address for giving notices:
License No.
Agent for service of process:
(CORPORATE SEAL)
APPROVED AS TO FORM:
(If CONTRACTOR is a corporation, attach
evidence of authority to sign).
(ATTORNEY)
BEL9508B AG-6
t
EXHIBIT "A"
1 PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS,
that we, the undersigned
a , hereinafter called Surety, are held and firmly bound unto
(Corporation, Partnership, or Individual)
the CITY OF BELMONT, NORTH CAROLINA hereinafter called Owner, in the penal sum of
Dollars
($ 1 in lawful money of the United 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 , 19_, a copy of
which is hereto attached and made a part hereof for the construction of WEST OUTFALL SEWER
IMPROVEMENTS.
f 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,
I alteration or addition to the terms of the contract or to the work or to the Specifications.
I 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.
BEL95088 PF-1
IN WITNESS WHEREOF, this instrument is executed in six counterparts, each one of which shall
be deemed an original, this day of 19_
In Presence of
Principal
By (Seal)
Surety
By (Seal)
NOTES: Date of Bond must not be prior to date of Contract.
If Contractor is Partnership, all partners should execute Bond.
IMPORTANT - Surety Companies executing Bonds must appear on the Treasury
Department's most current list (Circular 570 as amended) and be authorized to transact
business in the state where the Project is located.
(FOR INFORMATION ONLY)
Agent or Broker:
Name
Address
Phone No.
BEL9508B PF-2
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EXHIBIT "B"
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS,
that we, the undersigned
(Corporation, Partnership, or Individual)
a
hereinafter called Principal, and
, hereinafter called Surety, are held and firmly bound unto
the CITY OF BELMONT, 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
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 , 19 , a copy of
which is hereto attached and made a part hereof for the construction of WEST OUTFALL SEWER
IMPROVEMENTS.
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.
t BEL9508B PT-1
IN WITNESS WHEREOF, this instrument is executed in six counterparts, each one of which shall
be deemed an original, this day of _19-.
In Presence of
Principal
By (Seal)
Surety
By (Seal)
NOTES: Date of Bond must not be prior to date of Contract.
If Contractor is Partnership, all partners should execute Bond.
IMPORTANT - Surety Companies executing Bonds must appear on the Treasury
Department's most current list (Circular 570 as amended) and be authorized to transact
business in the state where the Project is located.
(FOR INFORMATION ONLY)
Agent or Broker:
Name
Address
Phone No.
BEL9508B PT-2
NOTICE TO PROCEED
Dated
TO:
19
(BIDDER)
ADDRESS:
PROJECT: WEST OUTFALL SEWER IMPROVEMENTS
ENGINEER'S PROJECT NO. BELS 508 B
You are notified that the Contract Times under the above contract will commence to run on
19 . By that date, you are to start performing your obligations under the Contract
Documents. In accordance with Article 3 of the Agreement the dates of Substantial Completion and
completion and readiness for final payment are 19 and
, 19
Before you may start any Work at the site, paragraph 2.7 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)
CITY OF BELMONT, NORTH CAROLINA
(OWNER)
By:
(AUTHORIZED SIGNATURE)
(TITLE)
ACCEPTANCE OF NOTICE
(CONTRACTOR)
By:
(AUTHORIZED SIGNATURE)
(TITLE)
(DATE)
COPY to ENGINEER
BEL9508B
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CONDITIONS OF CONTRACT
1 GENERAL CONDITIONS
' OF THE
CONSTRUCTION CONTRACT
These GENERAL CONDITIONS have been developed by
using the STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT prepared bythe Engineers
Joint Contract Documents Committee, EJCDC No.
1910-8 (1990 Edition), as a base. Changes to that
document are shown by underlining text that has been
I added and striking through text that has been deleted.
EJCDC GENERAL CONDITIONS 1910-8 (1990 EDITION)
WITH FINKBEINER, PETTIS & STROUT, INC. MODIFICATIONS
1
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1
TABLE OF CONTENTS
GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS ...................................................
Addenda ..........................................................
Agreement ........................................................
Application for Payment ...............................................
Asbestos .........................................................
Bid ..............................................................
Bidding Documents ..................................................
Bidding Requirements .................................................
Bonds ...........................................................
Change Order ......................................................
Contract Documents .................................................
Contract Price ......................................................
Contract Times .....................................................
CONTRA CTOR .....................................................
defective .........................................................
Drawings .........................................................
Effective Date of the Agreement .........................................
ENGINEER ........................................................
ENGINEER's Consultant ................. ........................... .
Field Order ........................................................
General Requirements .................................................
Hazardous Waste ....................................................
Laws and Regulations; Laws or Regulations ..................................
Liens ............................................................
Milestone .........................................................
Notice of Award ....................................................
Notice to Proceed ...................................................
OWNER ..........................................................
Partial Utilization ....................................................
PCBs ............................................................
Petroleum .........................................................
Project ...........................................................
Radioactive Material ..................................................
Resident Project Representative ..........................................
Samples ..........................................................
Shop Drawings .....................................................
Specifications ......................................................
Subcontractor ......................................................
Substantial Completion ................................................
Supplementary Conditions ..............................................
Supplier ..........................................................
Underground Facilities ................................................
Unit Price Work .....................................................
Work ............................................................
Work Change Directive ................................................
Written Amendment ..................................................
1
1
1
1
1
1
1
1
1
2
2
2
2
2
2
2
2
2
2
2
2
3
3
3
3
3
3
3
3
3
4
4
4
4
4
4
ARTICLE 2 - PRELIMINARY MATTERS ........................................... 4
Delivery of Bonds ................................................... 4
Copies of Documents ................................................. 4
Be1950813 GC-i
Commencement of Contract Times; Notice to Proceed .......................... 4
Starting the Work ................................................... 5
Before Starting Construction ............................................ 5
Preconstruction Conference ............................................. 5
Initially Acceptable Schedules ........................................... 5
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE .................... 6
Intent ............................................................ 6
Reference to Standards and Specifications of Technical Societies; Reporting and Resolving
Discrepancies ................................................. 6
Amending and Supplementing Contract Documents ............................ 7
Reuse of Documents ................................................. 7
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE
POINTS .......................................................... 8
Availability of Lands .................................................. 8
Subsurface and Physical Conditions ....................................... 8
Physical Conditions - Underground Facilities ................................ 10
Reference Points ................................................... 11
Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material .............. 11
ARTICLE 5-BONDS AND INSURANCE ......................................... 12
Performance, Payment and Other Bonds ................................... 13
Licensed Sureties and Insurers; Certificates of insurance ........................ 13
CONTRACTOR's Liability Insurance ...................................... 13
OWNER's Liability Insurance ........................................... 15
Property Insurance .................................................. 16
Waiver of Rights ................................................... 17
Receipt and Application of Insurance Proceeds ............................... 17
Acceptance of Bond and Insurance; Option to Replace ......................... 18
Partial Utilization - Property Insurance ..................................... 18
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES .................................. 18
Supervision and Superintendence ........................................ 18
Labor, Materials and Equipment ......................................... 19
Progress Schedule .................................................. 19
Substitutes and "Or-Equal" Items ........................................ 20
Concerning Subcontractors, Suppliers and Others ............................ 21
Patent Fees and Royalties ............................................. 22
Permits .......................................................... 22
Laws and Regulations ................................................ 23
Taxes ........................................................... 23
Use of Premises .................................................... 23
Record Documents .................................................. 24
Safety and Protection ................................................ 24
Safety Representative ................................................ 25
Hazard Communication Programs ........................................ 25
Emergencies ...................................................... 25
Shop Drawings and Samples ........................................... 25
Submittal Procedures ................................................ 25
Continuing the Work ................................................ 27
CONTRACTOR's General Warranty and Guarantee ............................ 27
Indemnification .................................................... 27
Survival of Obligations ............................................... 28
BEL9508B GC-ii
ARTICLE 7-OTHER WORK ................................................. 28
Related Work at Site ................................................ 28
Coordination ...................................................... 29
ARTICLE 8 - OWNER'S RESPONSIBILITIES ...................................... 29
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION ......................... 30
OWNER's Representative ............................................. 30
Visits to Site ...................................................... 30
Project Representative ............................................... 30
Clarifications and Interpretations ........................................ 33
Authorized Variations in Work .......................................... 33
Rejecting Defective Work .............................................
Shop Drawings, Change Orders and Payments 33
33
Determinations for Unit Prices .......................................... 34
Decisions on Disputes ...............................................
Limitations on ENGINEER's Authority and Responsibilities ....................... 34
35
ARTICLE 10 - CHANGES IN THE WORK ........................................ 35
ARTICLE 11 - CHANGE OF CONTRACT PRICE .................................... 36
Cost of the Work ................................................... 37
Cash Allowances
....................................................
Unit Price Work 39
40
ARTICLE 12 - CHANGE OF CONTRACT TIMES .................................... 41
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK .................................................. 41
Access to Work ....
................................................
Tests and Inspections 41
42
Uncovering Work ................................................... 42
OWNER May Stop the Work ........................................... 43
Correction or Removal of Defective Work ..... ..... .... ....... . ......... ... 43
Correction Period 43
Acceptance of Defective Work .......................................... 43
OWNER May Correct Defective Work ........... ...: : : :::...... * , : , :::
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION :::: 44
44
Schedule of Values ................................................. 44
Application for Progress Payment ...... .. ........ . ...... ..... ............
CONTRACTOR's Warranty of Title 44
44
Review of Applications for Progress Payment ............................... 45
Substantial Completion ............................................... 46
Partial Utilization 47
....,,,•• " .................................•,.,,..,
Final Inspection
47
Final Application for Payment .......................................... 47
Final Payment and Acceptance ......................................... 48
Waiver of Claims 48
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ........................... 48
OWNER May Suspend Work 48
OWNER May Terminate ............................. . . . . . . . . . . . . . . . 49
CONTRACTOR May Stop Work or Terminate ................................ 50
I BEL9508B GC-iii
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ARTICLE 16 - DISPUTE RESOLUTION .......................................... 50
ARTICLE 17 - MISCELLANEOUS .............................................. 50
Giving Notice ..................................................... 50
Computation of Times ............................................... 50
Notice of Claim ................................................. 50
Cumulative Remedies ................................................ 51
Professional Fees and Court Costs Included ................................. 51
Siltation and Erosion ................................................ 51
1
BEL9508B GC-iv I
GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS
Wherever used in these General Conditions or in the other Contract Documents the following terms have
the meanings indicated which are applicable to both the singular and plural thereof:
1 .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.
1.2. Agreement - The written contract between OWNER and CONTRACTOR covering the Work to be
performed; other Contract Documents are attached to the Agreement and made a part thereof as provided
therein.
1.3. Application for Payment - The form accepted by ENGINEER which is to be used by CONTRACTOR
in requesting progress or final payments and which is to be accompanied by such supporting documentation
as is required by the Contract Documents.
1.4. 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.
1.5. Bid - The offer or proposal of the bidder submitted on the prescribed form setting forth the prices
for the Work to be performed.
1.6. Bidding Documents - The advertisement for i , instructions to bidders, the Bid
form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids).
1.7. Bidding Requirements -The advertisement for Bids , instructions to bidders, and
the Bid form.
1.8. Bonds - Performance and Payment bonds and other instruments of security.
1.9. Change Order - A document recommended by ENGINEER, which is signed by CONTRACTOR and
OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price
or the Contract Times, issued on or after the Effective Date of the Agreement.
1.10. Contract Documents - 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 pursuant to paragraphs 3.5, 3.6.1, and 3.6.3. on or after
the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to paragraphs 6.26 and
6.27 and the reports and drawings referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract
Documents.
' 1 .1 1 . 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. in the case of Unit Price Work).
I BEL9508B GC-1
1, 12. Contract Times - The number of days or the dates stated in the Agreement: (i) to achieve
Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by
ENGINEER's written recommendation of final payment in accordance with paragraph 14.13.
1.13. CONTRACTOR - The person, firm or corporation with whom OWNER has entered into the
Agreement.
1.14. defective - An adjective which when modifying the Work refers to Work that is unsatisfactory,
faulty or deficient, in that it does not conform to the Contract Documents, or does not meet the
requirements of any inspection, reference standard, test or approval referred to in the Contract Documents,
or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the
protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph
14.8 or 14.10).
1.15. Drawings -The drawings which show the scope, extent and character of the Work to be furnished
and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred
to in the Contract Documents. Shop drawings are not Drawings as so defined.
1.16. Effective Date of the Agreement - The date indicated in the Agreement on which it becomes
effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered
by the last of the two parties to sign and deliver.
1.17. ENGINEER- The person, firm or corporation named as such in the Agreement.
1.18. ENGINEER's Consultant- A person, firm or corporation having a contract with ENGINEER to furnish
services as ENGINEER's independent professional associate or consultant with respect to the
Project and who is identified as sush on the SUPP18FROAtaFy . follows;
1 Non
1.19. Field Order - A written order issued by ENGINEER which orders minor changes in the Work in
accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract
Times.
1.20. General Requirements - Sections of Division 1 of the Specifications.
1.21. Hazardous Waste - The term Hazardous Waste shall have the meaning provided in Section 1004
of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time.
1.22. Laws and Regulations; Laws or Regulations - Any and all applicable laws, rules, regulations,
ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having
jurisdiction.
1.23. Liens - Liens, charges, security interests or encumbrances upon real property or personal property.
1.24. Milestone - A principal event specified in the Contract Documents relating to an intermediate
completion date or time prior to Substantial Completion of all Work.
1.25. Notice of Award- The written notice by OWNER to the apparent successful bidder stating that upon
compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the
time specified, OWNER will sign and deliver the Agreement.
BEL9508B GC-2
1.26. Notice to Proceed- A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER)
fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start
to perform CONTRACTOR's obligations under the Contract Documents.
1.27. OWNER - The public body or authority, corporation, association, firm or person with whom
CONTRACTOR has entered into the Agreement and for whom the Work is to be provided.
1.28. Partial Utilization - Use by OWNER of a substantially completed part of the Work for the purpose
for which it is intended (or a related purpose) prior to Substantial Completion of all the Work.
1.29. PCBs - Polychlorinated biphenyls.
1.30. Petroleum - Petroleum, including crude oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute),
such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-
Hazardous Wastes and crude oils.
1.31. Project - The total construction of which the Work to be provided under the Contract Documents
may be the whole, or a part as indicated elsewhere in the Contract Documents.
1.32. 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.
1.33. Resident Project Representative - The authorized representative of OWNER who may be assigned
to the site or any part thereof.
1.34. 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.
1.35. 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.
1.36. Specifications - Those portions of the Contract Documents consisting of written technical
descriptions of materials, equipment, construction systems, standards and workmanship as applied to the
Work and certain administrative details applicable thereto.
1.37. Subcontractor - An individual, firm or corporation having a direct contract with CONTRACTOR or
with any other Subcontractor for the performance of a part of the Work at the site.
1.38. Substantial Completion -The Work (or a specified part thereof) has progressed to the point where,
in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion,
it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part)
can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work
is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final
payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially
completed" as applied to all or part of the Work refer to Substantial Completion thereof.
1.39. Supplementary Conditions - The part of the Contract Documents which amends or supplements
these General Conditions.
I BEL9508B GC-3
1.40. 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.
1.41. Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks,
tunnels or other such facilities or attachments, and any encasements containing such facilities which have
been installed underground to furnish any of the following services or materials: electricity, gases, steam,
liquid petroleum products, telephone or other communications, cable television, sewage and drainage
removal, traffic or other control systems or water, or as otherwise defined by Laws and Regulations.
1.42. Unit Price Work - Work to be paid for on the basis of unit prices.
1.43. Work -The entire completed construction or the various separately identifiable parts thereof required
to be furnished under the Contract Documents. Work includes and is the result of performing or furnishing
labor and furnishing and incorporating materials and equipment into the construction, and performing or
furnishing services and furnishing documents, all as required by the Contract Documents.
1.44. Work Change Directive -A written directive 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 physical conditions under which the Work
is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work
Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties
expect that the change directed or documented by a Work Change Directive will be incorporated in a
subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the
Contract Price or Contract Times as provided in paragraph 10.2.
1.45. Written Amendment - A written amendment of the Contract Documents, signed by OWNER and
CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the
nonengineering or nontechnical rather than strictly construction-related aspects of the Contract Documents.
ARTICLE 2 - PRELIMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed Agreement to OWNER, CONTRACTOR shall also deliver
to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1.
Copies of Documents:
2.2. OWNER She! fUFR46h is CONTRACTOR will be furnished up to five copies
speei#ied in of the Contract Documents for the
execution of the Work. Additional copies will be furnished by ENGINEER, upon request, at the cost of
reproduction, handling and shipping.
Commencement of Contract Times; Notice to Proceed.
2.3. The Contract Times will commence to run on the
AgFeement, , ' day indicated in the Notice to Proceed. A Notice to
Proceed may be given at any time after the Effective Date of the Agreement. or as
otherwise required by Laws and Regulations.
BEL9508B GC-4
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1
1
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Starting the Work:
2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence
to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to
run.
Before Starting Construction:
2.5. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent figures shown thereon 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.
2.6. Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General
Requirements), and as prepared in accordance with the reauirements of the Contract Documents
CONTRACTOR shall submit to ENGINEER for review:
2.6.1. 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;
2.6.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required
submittal and the times for submitting such submittal;
2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items
aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve
as the basis for progress payments during construction. Such prices will include an appropriate amount
of overhead and profit applicable to each item of Work.
2.7. Before any Work at the site is started, CONTRACTOR aRd-OWNER shall seek deliver to OWNER
the-ethef, with copies to each additional insured identified in Article ,
certificates of insurance land other evidence of insurance which OWNER eithef-ef- them or any additional
insured may reasonably request) which CONTRACTOR 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 oaraaraoh 5.14.
Preconstruction Conference:
2.8. Within twenty days after the Contract Times start to run,
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 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for
Payment and maintaining required records.
Initially Acceptable Schedules:
2.9. Unless otherwise provided in the Contract Documents, at least ten days before submission of the
first Application for Payment a 88R#eFenee mended by , ENGINEER and etheFs as appFepFiate
will be-he'd --te review for acceptability to ENGINEER as provided below the schedules submitted in
accordance with paragraph 2.6. CONTRACTOR shall have an additional ten days to make corrections and
adjustments and to complete and resubmit the schedules. No progress payment shall be made to
CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The
BEL9508B GC-5
progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to
completion within any specified Milestones and the Contract Times, but such acceptance will neither
impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere
with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule
of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable
arrangement for reviewing and processing the required submittals. CONTRACTOR's schedule of values will
be acceptable to ENGINEER as to form and substance.
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
Intent:
3.1. The Contract
concerning the Work.
as if called for by all.
of the Project.
Documents comprise the entire agreement between OWNER and CONTRACTOR
The Contract Documents are complementary; what is called for by one is as binding
The Contract Documents will be construed in accordance with the law of the place
1.1. In case of differences between Specifications and Drawings the Specifications shall take
precedence.
3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part
thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment
that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as
being required to produce the intended result will be furnished and performed whether or not specifically
called for. When words or phrases which have a well-known technical or construction industry or trade
meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in
accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be issued
by ENGINEER as provided in paragraph 9.4.
3.2.1. Sections of Division 1 - General Reauirements govern the execution of the Work of all sections of
the Specifications.
3.3. Reference to Standards and Specifications of Technical Societies; Reporting and Resolving
Discrepancies:
3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or
association, or to the Laws or Regulations of any governmental authority, whether such reference be
specific or by implication, shall mean the latest standard, specification, manual, code or Laws or
Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there
were no Bids), except as may be otherwise specifically stated in the Contract Documents.
3.3.2. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity or
discrepancy within the Contract Documents or between the Contract Documents and any provision of any
such Law or Regulation applicable to the performance of the Work or of any such standard, specification,
manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall
report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected
thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to
the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6;
provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any
such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or reasonably should have known
thereof.
BEL9508B GC-6
3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by
amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5 or 3.6, 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:
3.3.3.1. the provisions of any such standard, specification, manual, code or instruction (whether or
not specifically incorporated by reference in the Contract Documents); or
3.3.3.2. the provisions of any such 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).
No provision of any such standard, specification, manual, code or instruction shall be effective to change
the duties and responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their subcontractors,
consultants, agents, or employees from those set forth in the Contract Documents, nor shall it be effective
to assign to OWNER, ENGINEER, or any of ENGINEER's Consultants, agents or employees any duty or
authority to supervise or direct the furnishing or performance of the Work or any duty or authority to
undertake responsibility inconsistent with the provisions of paragraph 9.13 or any other provision of the
Contract Documents.
' 3.4. Whenever in the Contract Documents the terms "as ordered," "as directed," "as required," "as
allowed," "as approved" or terms of like effect or import are used, or the adjectives "reasonable,"
"suitable," "acceptable," "proper" or "satisfactory" or adjectives of like effect or import are used to
describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such
requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for
compliance with the requirements of and information in the Contract Documents and conformance with the
design concept of the completed Project as a functioning whole as shown or indicated in the Contract
Documents (unless there is a specific statement indicating otherwise). The use of any such term or
adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the
provisions of paragraph 9.13 or any other provision of the Contract Documents.
Amending and Supplementing Contract Documents:
3.5. 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:
3.5.1. a formal Written Amendment,
3.5.2. a Change Order (pursuant to paragraph 10.4), or
3.5.3. a Work Change Directive (pursuant to paragraph 10.11.
3.6. In addition, the requirements of the Contract Documents may be supplemented, and minor
variations and deviations in the Work may be authorized, in one or more of the following ways:
3.6.1. a Field Order (pursuant to paragraph 9.5),
3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or
3.6.3. ENGINEER'S written interpretation or clarification (pursuant to paragraph 9.4).
Reuse of Documents:
I BEL9508B GC-7
3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization 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, and (ii) shall not reuse
any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other
project without written consent of OWNER and ENGINEER and specific written verification or adaption by
ENGINEER.
ARTICLE 4 -AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS
Availability of Lands:
4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is
to be performed, rights-of-way and easements for access thereto, and such other lands which are
designated for the use of CONTRACTOR. Upon reasonable written request, OWNER shall furnish
CONTRACTOR with a correct 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 lien against such lands in accordance with applicable Laws and Regulations. OWNER shall
identify any encumbrances or restrictions not of general application but specifically related to use of lands
so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for
permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER,
unless otherwise provided in the Contract Documents. If CONTRACTOR and OWNER are unable to agree
on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times
as a result of any delay in OWNER's furnishing these lands, rights-of-way or easements, CONTRACTOR
may make a claim therefor as provided in Articles 11 and 12. CONTRACTOR shall provide for all additional
lands and access thereto that may be required for temporary construction facilities or storage of materials
and equipment.
4.1.1. Conies of agreements entered into by CONTRACTOR for use of additional lands and access thereto
shall be provided to OWNER.
4.2. Subsurface and Physical Conditions:
4.2.1. Reports and Drawings: Reference is made to paragraphs 4.2.7 and 4.2.8 the GwpplemeAtaFY
GendkteF?s for identification of:
4.2.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions
at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents;
and
4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface
or subsurface structures at or contiguous to the site (except Underground Facilities) that have been
utilized by ENGINEER in preparing the Contract Documents.
4.2.2. Limited Reliance by CONTRACTOR Authorized; Technical Data: CONTRACTOR may rely upon the
general accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in paragraphs 4.2.7 and 4.2.8
Except for such reliance on such "technical data", CONTRACTOR may not
rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect
to:
4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including,
but not limited to, any aspects of the means, methods, techniques, sequences and procedures of
BEL9508B GC-8
11
construction to be employed by CONTRACTOR and safety precautions and programs incident thereto,
or
4.2.2.2. other data, interpretations, opinions and information contained in such reports or sbewn of
indicated in such drawings, or
4.2.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any
such data, interpretations, opinions or information.
4.2.3. Notice of Differing Subsurface or Physical Conditions: If CONTRACTOR believes that any
subsurface or physical condition at or contiguous to the site that is uncovered or revealed either:
4.2.3.1. "teehnieal data" .
4.2.3.2. ,
4.2.3.3. differs materially from that shewn indicated in the Contract Documents, or
4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Contract Documents; then
CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions
affected thereby or performing any Work in connection therewith (except in an emergency as permitted by
paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not
further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until
I receipt of written order to do so.
4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, 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.
4.2.5. Possible Change: If ENGINEER concludes that a change in the GeRtF
Deeumente is required as a result of a condition that meets one or bosh FASFS of the categories in paragraph
4.2.3., a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and
document the consequences of such change.
4.2.6. Possible Price and Times Adjustments: An equitable adjustment in the Contract Price or in the
Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed
condition causes an increase or decrease in CONTRACTOR's cost of, or time required for performance of,
the Work; subject, however, to the following:
4.2.6.1. such condition must meet any one or both eaefe of the categories described in paragraphs
4.2.3.34- an thraugh 4.2.3.4, iFielweiye;
4.2.6.2. a change in the Gffltfflet Deewments, pursuant to paragraph 4.2.5 will not be an automatic
authorization of nor a condition precedent to entitlement to any such adjustment;
4.2.6.3. 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 9.10 and 11.9; and
4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if;
I BEL9508B GC-9
4.2.6.4.1. 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
4.2.6.4.2. 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
4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by
paragraph 4.2.3.
If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any
such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as
provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be
liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in
connection with any other project or anticipated project.
4.2.7. In the oreoaration of Drawings and Specifications ENGINEER or ENGINEER's Consultants have
relied upon the followina reports of explorations and tests of subsurface conditions at or contiguous to the
site of the Work:
4.2.7.1. Report dated February 14, 1996 prepared by Froehling & Robertson Inc entitled: Report
of Geotechnical Study - West Outfall Sewer Improvements - Belmont North Carolina consisting of 12
paues and four awendices The technical data contained in such report upon which CONTRACTOR
may rely is the borina method plan and loss level of subsurface water, laboratory test methods and
results and similar factual data all as of the dates made
Copies of these reports may be examined at the office of the OWNER during reaular business hours. These
reports are not part of the Contract Documents but the technical data contained therein upon which
CONTRACTOR is entitled to rely as provided in paragraph 4 2 2 and as identified and established above
are incorporated therein by reference CONTRACTOR is not entitled to rely upon other information and data
utilized by ENGINEER and ENGINEER's Consultants in the oreoaration of Drawinas and Specifications
4.2.8. No drawinas of ohvsical conditions in or relating to existina surface and subsurface structures
(except Underaround Facilities) at or contiguous to the site of the work were utilized by ENGINEER or
ENGINEER's Consultants in the preparation of Drawinas and Specifications
4.3. Physical Conditions - Underground Facilities:
4.3.1. The information and data shown 6F 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 or by others. Unless
4.3.1.1. OWNER, except for OWNER's Underground Facilities, and ENGINEER shall not be
responsible for the accuracy or completeness of any such information or data;-a".
4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR
shall have full responsibility for (i) reviewing and checking all such information and data, (ii) locating all
Underground Facilities ref indicated in the Contract Documents, (iii) coordination of the Work with
the owners of such Underground Facilities during construction, and (iv) the safety and protection of all
such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting
from the Work: unless otherwise reauired by Laws and Reaulations.
BEL95088 GC-10
1
11
I
4.3.1.3. 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.
4.3.2. Net Shown eF . If an Underground Facility is uncovered or revealed at or contiguous to
the site which was not shown of indicated in the Contract Documents, or located by others at the time of
construction, the conseauences of which require a change to comply with Laws and Regulations
a Work Change Directive or a Change Order will be issued as provided in
Article 10 to reflect and document such consequences. During such time, CONTRACTOR shall be
responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20.
CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times,
or both, to the extent that they are attributable to the existence of any Underground Facility that was not
SheWR of indicated in the Contract Documents nor located by others at the time of construction and that
CONTRACTOR did not know of an could not reasonably have been expected to be aware of or to have
anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length
of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as
provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be
liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR
on or in connection with any other project or anticipated project.
Reference Points:
4.4. ENGINEER will stake the location and elevation of reference points on the Project. Staking by
ENGINEER will include manholes on sewer lines. CONTRACTOR shall establish and be responsible for all
other line and arade. CONTRACTOR shall carefully protect and preserve all stakes established by
ENGINEER. Stakes originally established by ENGINEER and subseauently disturbed or destroyed shall be
replaced by ENGINEER at expense of CONTRACTOR usina the rates set forth in paraaraph 3.3 of the
Agreement.
4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material.
4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive
Material 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 and which may present a
substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER
shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor,
Suppliers or anyone else for whom CONTRACTOR is responsible.
4.5.2. CONTRACTOR shall immediately: (i) stop all Work in connection with such hazardous condition
and in any area affected thereby (except in an emergency as required by paragraph 6.23), and (ii) notify
OWNER and ENGINEER (and 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 hazardous
BEL9508B GC-1 1
condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in
connection with such hazardous condition or if any such affected area until OWNER has obtained any
required permits related thereto and delivered to CONTRACTOR special 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 the amount or extent of an adjustment, if any, in
Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which
Work is agreed by CONTRACTOR to be resumed, either party may make a claim therefor as provided in
Articles 11 and 12.
4.5.3. If after receipt of such special 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 such portion of the Work that is in connection with such hazardous
condition or in such affected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree
as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times
as a result of deleting such portion of the Work, then either party may make a claim therefor as provided
in Articles 11 and 12. OWNER may have such deleted portion of the Work performed by OWNER's own
forces or others in accordance with Article 7.
4.5.4. 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,
employees, agents, other consultants and subcontractors of each and any of them from and against all
claims, costs, losses and damages arising out of or resulting from such hazardous condition, provided that:
(i) any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting
therefrom, and (ii) nothing in this subparagraph 4.5.4 shall obligate OWNER to indemnify any person or
entity from and against the consequences of that person's or entity's own negligence.
4.5.5. The provisions of paragraphs 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum,
Hazardous Waste or Radioactive Material uncovered or revealed at the site.
ARTICLE 5 - BONDS AND INSURANCE
Performance, Payment and Other Bonds:
5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to
the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations
under the Contract Documents. These Bonds shall remain in effect at least until one year after the date
when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract
Documents.
Gendkoens. All Bonds shall be in the form prescribed by the Contract Documents except as provided
otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list
of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government
Financial Operations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by
a certified copy of such agent's authority to act.
5.2. If the surety on any Bond furnished by CONTRACTOR is declared a bankrupt or becomes insolvent
or its right to do business is terminated in any state where any part of the Project is located or it ceases
to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute
another Bond and surety, both of which must be acceptable to OWNER.
BEL9508B GC-12
1 5.3. Licensed Sureties and Insurers; Certificates of Insurance:
5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by
OWNER-eF CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or
authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the
limits and coverages so required.
5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the
SupplemeHfffy , certificates of insurance land other evidence of insurance requested by OWNER
or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance
with this Article 5 paFegFaph 6.4.
. Certificates of insurance containing a
cancellation clause including the phrases "will endeavor to" and "but failure to mail such notice shall impose
no obligation or liability of any kind upon the company, its agents, or representatives" for phrases which
have the same meaning) shall have these phrases deleted from the insurance certificate.
The CONTRACTOR expressly understands that the insurance reauirements as outlined below are minimum
rreouirements to be met under this contract and does not in any manner represent that the limits coverage
or policy forms are sufficient or adeauate to protect the OWNER, CONTRACTOR, Subcontractors,
ENGINEER, ENGINEER's Consultants and any other person or entities identified and listed as an insured or
additional insured.
CONTRACTOR's Liability Insurance:
5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for
the Work being performed and furnished and as will provide protection from claims set forth below which
may arise out of or result from CONTRACTOR's performance and furnishing of the Work and
CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or
furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed
by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be
L liable:
5.4.1. claims under worker's compensation, disability benefits and other similar employee benefit acts;
' 5.4.2. claims for damages because of bodily injury, occupational sickness or disease, or death of
CONTRACTOR's employees;
5.4.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than
CONTRACTOR's employees;
5.4.4. claims for damages insured by customary personal injury liability coverage which are sustained: li)
by any person as a result of an offense directly or indirectly related to the employment of such person by
CONTRACTOR, or Iii) by any other person for any other reason;
r 5.4.5. 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
' 5.4.6. 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.
The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall:
I BEL9508B GC-13
5.4.7
5.4.8. include the specific coverages and be written for not less than the limits of liability following
or required by Laws or Regulations, whichever is greater;
For Worker's Compensation, etc. under paragraphs 5.4.1 and 5.4.2:
(1) State: Statutory
(2) Applicable Federal (e.g., Longshoreman's) Statutory
(3) Employer's Liability: $1,000,000
For Contractor's Liability Insurance under paragraphs 5.4.3 through 5.4.5 which shall also include
completed operations and product liability coverages:
(1) General Aggregate (Except Products -
Completed Operations) $2,000,000
(2) Products - Completed Operations Aggregate
(3) Personal and Advertising Injury (Per
Person/Organization)
(4) Each Occurrence (Bodily Injury and
Property Damage)
(5) Property Damage liability insurance
will provide Explosion, Collapse and
Underground coverages where applicable.
For Automobile Liability under 5.4.6:
(1) Bodily Injury:
Property Damage:
or
21 Combined Single Limit (Bodily Iniurv and
Prooerty Damage):
5.4.9. include products - completed operations insurance;
$1,000,000
$1,000,000
$1,000,000
$1,000,000 Each Person
$1,000,000 Each Accident
$1,000,000 Each Accident
$1,000,000 Each Accident;
5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under
paragraphs 6.12, 6.16 and 6.31 through 6.33 for not less than the following amounts;
BEL9508B GC-14
I M General Aggregate $2,000,000
2) Each Occurrence (Bodily Iniurv and
Property Damage) $1,000,000;
5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially
changed or renewal refused until at least thirty days prior written notice has been given to OWNER and
CONTRACTOR
land the certificates of insurance furnished by the CONTRACTOR
pursuant to paragraph 5.3.2 will so provide);
5.4.12. 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 13.12; and
5.4.13. 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 land CONTRACTOR shall
furnish OWNER
evidence satisfactory to OWNER and any such additional insured
of continuation of such insurance at final payment and one year thereafter).
r OWNER's Liability Insurance:
5.5.
CONTRACTOR shall purchase and maintain at CONTRACTOR's expense separate OWNER'S protective
liability insurance issued by CONTRACTOR's general liability carrier as will protect OWNER against claims
which may arise from operations under the Contract Documents to the same extent and limits of
CONTRACTOR's liability insurance reauired by oaragraphs 5 4 3 through 5 4 6 inclusive.
The policy of insurance so reauired by this paragraph 5.5 to be purchased and maintained shall:
5.5.1. name the OWNER as insured;
5.5.2. include as additional insureds ( subject to an y customa ry exclusio n in respec t of profession al liability)
ENGINEER ENGINEER's Consultants and any othe r persons or entities identified as follows all of whom
shall be listed as additional insureds a nd include c overage f or the resp ective offic ers and emplo yees of all
such additional insureds;
t M Finkbeiner, Pettis & Strout . Inc.;
5.5.3. contain a provision or endors ement that t he covera ge afforde d will not be cancelled, materially
changed or renewal refused until at l east thirty da ys prior written noti ce has bee n given to OWNER and
CONTRACTOR and to each other addi tional insure d identifie d to whom a certificat e of insurance has been
issued (and the certificates of insuran ce furnished by the CO NTRACTO R pursuant to oaraornh 5.3.2 will
so orovide);
5.5.4. remain in effect at least until fi nal payment and at all times there after when CONTRACTO R may be
correcting removing or replacing defective Work in accorda nce with p araaraoh 13.12; and
' 5.5.5. with respect to any insurance coverage wri tten on a claims-mad e basis remain in effect f or at least
two Years after final payment (and CO NTRACTOR shall furnish OWNER and each other addition al insured
identified to whom a certificate of insu rance has be en issued evidence s atisfactory to OWNER and any such
additional insured of continuation of s uch insuranc e at final payment and one Yea r thereafter).
BEL9508B GC-15
Property Insurance:
5.6. CONTRACTOR shall purchase
and maintain property insurance upon the Work at the site in the full amount of the full replacement cost
thereof (subject to such deductible amounts as may be
required by Laws and Regulations). This insurance shall:
5.6.1. include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's
Consultants and any other persons or entities
is deemed to have an insurable interest ;
5.6.2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall
at least include insurance for physical loss or damage to the Work, temporary buildings, falsework and
Work in transit and shall insure against at least the following perils: 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 as may be speeifieally required
by Laws and Regulations the GtippleffieAfffy ;
5.6.3. include expenses incurred in the repair or replacement of any insured property (including but not
limited to fees and charges of engineers and architects);
5.6.4, cover materials and equipment in transit for incorporation in the work or stored at the site or at
another apgroved location prior to being incorporated in the Work,
provided that such materials and equipment have been included in an Application for Payment
recommended by ENGINEER; and
5.6.5. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER,
CONTRACTOR and ENGINEER with thirty days written notice to each other additional insured to whom a
certificate of insurance has been issued.
The policies of insurance reauired to be purchased and maintained by CONTRACTOR in accordance with
this paragraph 5.6 shall comply with the requirements of paragraph 5.8.
5.7. CONTRACTOR OWNER shall purchase and maintain such boiler and machinery insurance or
additional property insurance as may be appropriate or may be required by
eF Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors,
ENGINEER, ENGINEER's Consultants and any other persons or entities identified iFi the SupplemeRWY
deemed to have an insurable interest
additional ORSUFed.
5.8. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased
and maintained by CONTRACTOR OWNER in accordance with paragraphs 5.6 and 5.7 will contain a
provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal
refused until at least thirty 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 5.11.
5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect
the interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible
amounts that are reauired by Laws and Reaulations . The risk
of loss within such r it ldemi€ied deductible amount, will be borne by CONTRACTOR, Subcontractor
or others suffering any such loss and if any of them wishes property insurance coverage within the limits
of such amounts, each may purchase and maintain it at the purchaser's own expense.
BEL9508B GC-16
I
F
5.10. If OWNER requests in writing that other special insurance be included in the property
insurance policies provided under paragraphs 5.6 or 53, OWNER CONTRACTOR shall, if possible, include
such insurance, and the cost thereof will be ehaFged OJId to CONTRACTOR by appropriate Change Order
or Written Amendment. Prior to commencement of the Work at the site, OWNER CONTRACTOR shall in
writing advise GONTRAGT OWNER whether or not such other insurance has been procured by OWNER
CONTRACTOR.
5. 11. Waiver of Rights
5.11.1. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraphs
5.6 and 5.7 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and
all other persons or entities identified ' to be listed as insureds or additional
insureds in such policies and will provide primary coverage for all losses and damage caused by the perils
covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any
loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds
thereunder, OWNER and CONTRACTOR waive all rights against each other and their respective officers,
directors, employees and agents for all losses and damages caused by, arising out of or resulting from any
of the perils covered by such policies and any other property insurance applicable to the Work; and, in
addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants and all other
persons or entities identified ' to be listed as insureds or additional insureds
under such policies for losses and damage so caused. None of the above waivers shall extend to the rights
that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or
otherwise payable under any policy so issued.
5.11.2. In addition, OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER,
ENGINEER's Consultants and the officers, directors, employees and agents of any of them, for:
5.11.2. 1. loss due to business interruption, loss of use or other consequential loss extending beyond
direct physical loss or damage to OWNER's property or the Work caused by, arising out of or resulting
from fire or other peril, whether or not insured by OWNER; and
5.11.2.2. loss or damage to the completed Project or part thereof caused by, arising out of or
resulting from fire or other insured peril covered by any property insurance maintained on the completed
Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.10, after
substantial completion pursuant to paragraph 14.8 or after final payment pursuant to paragraph 14.13.
Any insurance policy maintained by OWNER covering any loss, damage or consequential loss referred to
in this paragraph 5.11.2 shall contain provisions to the effect that in the event of payment of any such loss,
damage or consequential loss the insurers will have no rights of recovery against any of CONTRACTOR,
Subcontractors, ENGINEER, ENGINEER's Consultants and the officers, directors, employees and agents of
any of them.
Receipt and Application of Insurance Proceeds
5.12. Any Insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted
with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear,
subject to the requirements of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit
in a separate account any money so received, and shall distribute it in accordance with such agreements
as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be
repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof
covered by an appropriate Change Order or Written Amendment.
5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of
the parties in interest shall object in.writing within fifteen days after the occurrence of loss to OWNER's
BEL9508B GC-17
exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the
insurers in accordance with such agreement as the parties in interest may reach. If no such agreement
among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the
insurers and, if required in writing by any party in interest, OWNER as fiduciary shall give bond for the
proper performance of such duties.
Acceptance of Bond and Insurance; Option to Replace:
5.14. If eitheF PaRy (OWNER has any objection to the coverage afforded by or other
provisions of the Bonds or insurance required to be purchased and maintained by CONTRACTOR the-etheF
party in accordance with Article.5 on the basis of non-conformance with the Contract Documents, the
OWNER ewijeevag-party shall so notify the CONTRACTOR etbeF PaFtY in writing within twi days after receipt
of the certificates (or other evidence requested) required by paragraph 2.7. 9WNER-a8d CONTRACTOR
shall eaek provide to OWNER the-etheF such additional information in respect of insurance provided as
OWNER the-etheF may reasonably request. If CONTRACTOR Sithff aFty does not purchase or maintain
all of the Bonds and insurance required 84 GH814 -paFt' F by the Contract Documents, OWNER sueh PaRy shall
notify CONTRACTOR the-e4h8F pa" 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-etheF pa" may elect to obtain equivalent Bonds or insurance to protect
OWNER's and CONTRACTOR's interests at the expense of the -party CONTRACTOR
and a Change Order shall be issued to adjust the Contract
Price accordingly.
Partial Utilization - Property Insurance:
5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial
Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph
14.10; provided that no such use or occupancy shall commence before the insurers providing the property
insurance 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 cancelled or permitted to lapse on account of any such
partial use or occupancy.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence:
6.1. 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 others 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.
6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident
superintendent, 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 to the superintendent shall be
as binding as if given to CONTRACTOR.
BEL9508B GC-18
I Labor, Materials and Equipment:
6.3. 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. Except as otherwise required for the safety or protection of persons or the
Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract
Documents, 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 given after prior written notice to ENGINEER. Work necessary to be performed
after regular working hours, on Saturday, Sunday or any legal holiday shall be performed without additional
expense to OWNER.
f]
I
t
1
6.4. Unless otherwise specified in the General Requirements, CONTRACTOR shall furnish and assume
full responsibility for all 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 furnishing, performance, testing, start-up and completion
of the Work.
6.4.1. CONTRACTOR shall pay:
4.1.1. for all transportation and utility services not later than the 20th day of the calendar month
next followina that in which services are rendered;
4.1.2. for all materials, tools, and other expandable eauipment to the extent of 90 percent of the
cost thereof, not later than the 20th day of the calendar month next followina that in which such
materials, tools and eauioment are delivered at the site of the Project, and the balance of the cost
thereof not later than the 30th day following the completion of that part of the Work in or on which
such materials, tools, and eauioment are incorporated or used; and
6.4.1.3. to each Subcontractor, not later than the 7th day following each payment to
CONTRACTOR, the respective amounts allowed CONTRACTOR on account of the Work performed by
Subcontractors, to the extent of each Subcontractor's interest therein.
6.4.2. Payments under 6.4.1.2 and 6.41.3 may be limited in accordance with the provisions of paragraph
1.4.13.2 of Section 01019, if approved by OWNER.
6.4.3. In addition to any and all other riah ts by this Aareement aranted to or reserved by OWNER, if
CONTRACTOR shall a t any time have failed, nealected or refused, without Oust cause, to g ay for materials
and labor furnished or services rendered to CONTRACTOR included in any previous paym ent by OWNER,
OWNER may reauire CONTRACTOR to pay or provide for the oavment thereof prior to p ayment of any
Apolication for Payme nt submitted in accor dance with the provisions of paragraph 14.2.
6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the
Contract Documents. All warranties and guarantees specifically called for by the Specifications shall
expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory
evidence (including reports of required tests) as to the kind and quality of materials and equipment. All
materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in
accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract
Documents.
Progress Schedule:
6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9
as it may be adjusted from time to time as provided below:
BEL9508B GC-19
6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance Ito the extent indicated in paragraph 2.9)
proposed adjustments in the progress schedule that will not change the Contract Times (or Milestones).
Such adjustments will conform generally to the progress schedule then in effect and additionally will comply
with any provisions of the General Requirements applicable thereto.
6.6.2. Proposed adjustments in the progress schedule that will change the Contract Time (or Milestones)
shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only
be made by a Change Order or Written Amendment in accordance with Article 12.
6.7. Substitutes and "Or-Equal" Items:
6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by
using the name of a proprietary item or the name of a particular Supplier, the specification or description
is intended to establish the type, function and quality required. 1JRleee When the item of material or
eauioment is included in paragraph 9.5 of the Agreement when When the specification or description
contains or is followed by the words "or as approved" "8F equal" item
BF Re subetkutieR 48 PeFfflk4ed, other items of material or equipment or material or equipment of other
Suppliers may be accepted by ENGINEER under the following circumstances:
6.7.1.1. "Or-Equal": 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 acceptance of proposed substitute items.
6.7.1.2. Substitute Items: If in ENGINEER's sole discretion an item of material or equipment
proposed by CONTRACTOR does not qualify as an "or-equal" item under subparagraph 6.7.1.1, it will
be considered a proposed substitute item. 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. The procedure for review
by the ENGINEER will include the following as supplemented in the General Requirements and as
ENGINEER may decide is appropriate under the circumstances. Requests for review of proposed
substitute items of material or equipment will not be accepted by ENGINEER from anyone other than
CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment,
CONTRACTOR shall first make written application to ENGINEER for acceptance thereof, certifying that
the proposed substitute 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 evaluation and acceptance of the
proposed substitute will prejudice CONTRACTOR'S achievement of Substantial Completion on time,
whether or not acceptance of the substitute for use 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 and whether or not incorporation or use of the
substitute in connection with the Work is subject to payment of any license fee or royalty. All
variations of the proposed substitute from that specified will be identified in the application and available
maintenance, repair and replacement service will be indicated. The application will also contain an
itemized estimate of all additional costs or credits that will result directly or indirectly from acceptance
of such substitute, including costs of redesign and claims of other contractors affected by the resulting
change, all of which will be considered by ENGINEER in evaluating the proposed substitute. ENGINEER
may require CONTRACTOR to furnish additional data about the proposed substitute. Substitutions will
not be accepted if they are only shown or implied on Shop Drawings.
BEL9508B GC-20
6.7.1.3. CONTRACTOR's Expense: All data to be provided by CONTRACTOR in support of any
proposed "or-equal" or substitute item will be at CONTRACTOR's expense- `and will be provided in an
expeditious manner to allow timely performance of the evaluation by ENGINEER.
6.7.2. 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 acceptable to 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 6.7.1.2.
1
fl
[_l
6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge
of acceptability. No "or-equal" or substitute will be ordered, installed or utilized without ENGINEER's prior
written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing.
OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee
or other surety with respect to any "or-equal" or substitute. ENGINEER will record times spent FeqU*Fed by
ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR
pursuant to paragraph 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the
provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether
or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR
shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such
proposed substitute item. Such charges of ENGINEER will be determined using the rates for ENGINEER's
office and field personnel set forth in paraaraoh 3.3 of the Agreement. Excessive services of ENGINEER
due to an unusual number of reauests for use of substitutes and "or-eaual" items will be similarly charged
against CONTRACTOR.
Concerning Subcontractors, Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any Subcontractor, lieF or other person or organization
(including Subcontractors these acceptable to OWNER and riNGINC-SR as indicated in paragraph 6.8.2),
whether initially or as a substitute, against whom OWNER BF ENGINEER may have reasonable objection.
CONTRACTOR shall not be required to employ any Subcontractor, SupplieF or other person or organization
to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection.
6.8.2. If the General Requirements require a list !he-ideRtitY of eeFtaiR
Subcontractors,
to be submitted to OWNER at a greconstruction conference io
for acceptance by OWNER aed
C"I R,
GeRditiefls, OWNER's 9' lNGINEER w acceptance (either in writing or by failing to make written objection
thereto
Deeumeets) of any eveh Subcontractor, so identified may be
revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall
submit an acceptable substitute, the Contract Price will be adjusted by the difference in the cost occasioned
by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No
acceptance by OWNER OF ^- ENGINEER of any such Subcontractor,
shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work.
6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the
Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work
under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for
CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit
BEL9508B GC-21
of any such Subcontractor, Supplier or other person or organization any contractual relationship between
OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization, 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 person or organization except as may otherwise be required
by Laws and Regulations.
6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of
Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work
under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Subcontractors,
Suppliers and such other persons and organizations performing or furnishing any of the Work to
communicate with the ENGINEER through CONTRACTOR.
6.9.3, OWNER or ENGINEER may furnish to any such Subcontractor Supplier or other person or
organization to the extent practicable information about amounts paid to CONTRACTOR in accordance
with CONTRACTOR's Application for Payment on account of the particular Subcontractor's, Supplier's,
other person's or other organization's Work.
6.10. 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.
6.11. 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 5.6 or 5.7, 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 additional insureds for all losses and damages caused by, arising out of or
resulting from any of the perils 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.
Patent Fees and Royalties:
6.12. 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, employees, agents and other consultants of each and any of them
from and against all claims, costs, losses and damages arising out of or resulting from any infringement of
patent rights or copyrights incident to the use in the performance of the Work or resulting from the
incorporation in the Work of any invention, design, process, product or device not specified in the Contract
Documents.
Permits:
6.13. OWNER will obtain the reauired 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
BEL9508B GC-22
necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and
inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of
' Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges
of utility owners for connections to the Work,
Laws and Regulations:
6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to
furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws
and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's
compliance with any Laws or Regulations.
6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to
Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out
of or resulting therefrom; however, it shall not be CONTRACTOR's primary responsibility to make certain
that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve
CONTRACTOR of CONTRACTOR's obligations under paragraph 3.3.2.
Taxes:
6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by
CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are
applicable during the performance of the Work.
6,15.1. CONTRACTOR shall p
applicable on all eauioment and ay North
materials Carolina Sales and/
incorporated into t or Use Taxes
he Project. and County Sal
OWNER is aua es Tax
lified t es where
o receive
rebate of the amount of such Sa les Taxe s as are paid on ma terials and ea uioment incorp orate d into the
Proiect. CONTRACTOR will be r eauired t o submit a statemen t showina th e invoice numbe r, inv oice date,
vendor's name, amount of invoic e and th e sales and/or use ta xes paid on e ach invoice for each and every
item of material and eauioment i ncorpora ted into the Proiect; shall be reau ired to submit a tax statement
each month properly executed before a notary and delivere d in an origi nal and two co pies: and shall
maintain invoices subiect to aud it for no t less than two Yea rs from date of submission of ce rtificate.
CONTRACTOR shall be responsi ble for co mpliance with the a bove by Sub contractors.
6.15.2. CONTRACTOR is responsible for compliance with the provisions of North Carolina General
Statutes 105-54 reaardina taxation (license taxes).
Use of Premises:
6.16. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and
the operations of workers to the site and land and areas identified in and permitted by the Contract
Documents and other land and areas permitted by Laws and Regulations, rights-of-way, permits and
easements, and shall not unreasonably encumber the premises with construction equipment or other
materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land
or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the
performance of the Work. Should any claim be made by any such owner or occupant because of the
performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or
otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. CONTRACTOR
shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER,
ENGINEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and
against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or
equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party
indemnified hereunder to the extent.caused by or based upon CONTRACTOR's performance of the Work.
BEL9508B GC-23
6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations
of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work
CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well
as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall
leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work.
CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract
Documents.
6.18. 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.
Record Documents:
6.19. 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 (issued pursuant to paragraph 9.4) in good order and, as required
by the General Reauirements, annotated to show all changes made during construction. These record
documents together with manufacturer's 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.
Safety and Protection:
6.20. CONTRACTOR shall be 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:
6.20.1. all persons on the Work site or who may be affected by the Work.
6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or
off the site; and
6.20.3. 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.
CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction
for safety of persons or property or to protect them 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 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 6.20.2 or 6.20.3 caused,
directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other
person or organization directly or indirectly employed by any of them to perform or furnish any of the Work
or anyone for whose acts any of them may be liable, 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 person or organization 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
BEL9508B GC-24
t
14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial
Completion).
' Safety Representative:
6.21. 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.
Hazard Communication Programs:
6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets
or other hazard communication information required to be made available to or exchanged between or
among employees at the site in accordance with Laws or Regulations.
Emergencies:
6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or
adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER,
is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER
prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from
the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract
' Documents is required because of the action taken by CONTRACTOR in response to such an emergency,
a Work Change Directive or Change Order will be issued to document the consequences of such action.
6.24. Shop Drawings and Samples:
6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance
with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals
will be identified as ENGINEER may require and in the number of copies specified in the General
Requirements. The data shown on the Shop Drawings will be complete with respect to dies;
dimeAsiene, specified performance and design criteria, materials and similar data to show ENGINEER the
materials and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the
information for the limited purposes required by paragraph 6.26.
6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance
' with said accepted schedule of Shop Drawings and Sample submittals. Each Sample will be identified
clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and
otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes
required by paragraph 6.26. The numbers of each Sample to be submitted will be as specified in the
Specifications.
6.24.3. Neither fabrication, shipment nor installation shall begin until Shop Drawings and Samples have
' been reviewed and approved by ENGINEER. If CONTRACTOR installs any material or equipment prior to
review and approval of the Shop Drawings or Samples by ENGINEER, CONTRACTOR will be reauired to
remove all or any part of the items which are not satisfactory.
' 6.25. Submittal Procedures:
6.25.1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and
' verified:
6.25.1.1. all field measurements, quantities, dimensions, specified performance criteria, installation
requirements, materials, catalog, numbers and similar information with respect thereto,
BEL9508B GC-25
6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly
and installation pertaining to the performance of the Work, and
6.25.1.3. all information relative to CONTRACTOR's sole responsibilities in respect of means,
methods, techniques, sequences and procedures of construction and safety precautions and programs
incident thereto.
CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop
Drawings and Samples including those of Subcontractors and other contractors performing work related
to the Project, and with the requirements of the Work and the Contract Documents.
6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied
CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and
approval of that submittal.
6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of
such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the
Contract Documents, such notice to be in a written communication separate from the submittal; and, in
addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to
ENGINEER for review and approval of each such variation.
6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule
of Shop Drawings and Sample submittals accepted by ENGINEER as required by paragraph 2.9.
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. 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 methods coordination with the work of other trades or construction safety. The review
and approval of a separate item as such will not indicate approval of the assembly in which the item
functions. 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 oresent acceptable submittals or due to repeated presentation of unacceptable
submittals will be charged against CONTRACTOR usina ENGINEER's rates set forth in paragraph 3.3 of the
Agreement.
6.27. 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 submission as required by
paragraph 6.25.3 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 6.25.1.
6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop
Drawings and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work
performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense
and responsibility of CONTRACTOR.
BEL9508B GC-26
I
Continuing the Work:
6.29. 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 15.5. or as OWNER and CONTRACTOR may otherwise
agree in writing.
6.30. CONTRACTOR's General Warranty and Guarantee:
6.30.1. 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:
6.30.1.1. abuse, modification or improper maintenance or operation by persons other than
CONTRACTOR, Subcontractors or Suppliers; or
6.30.1.2. normal wear and tear under normal usage.
6.30.2. 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:
' 6.30.2.1. observations by ENGINEER;
6.30.2.2, recommendation of any progress or final payment by ENGINEER;
' 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to
CONTRACTOR under the Contract Documents;
' 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER;
6.30.2.5. any acceptance by OWNER or any failure to do so;
6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice
of acceptability by ENGINEER pursuant to paragraph 14.13;
' 6.30.2.7. any inspection, test or approval by others; or
' 6.30.2.8. any correction of defective Work by OWNER.
Indemnification:
' 6.31. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, 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) caused by, arising out of or resulting from the
performance of the Work, provided that any such claim, cost, loss or damage: 0) is attributable to bodily
' injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work
itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent
act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or
indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any
I of them may be liable, regardless of whether or not caused in part by any negligence or omission of a
BEL9508B GC-27
person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws
and Regulations regardless of the negligence of any such person or entity.
6.32. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents,
officers, directors or employees by any employee (or the survivor or personal representative of such
employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or
indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose acts any
of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way
by any limitation on the amount or type of damages, compensation or benefits payable by or for
CONTRACTOR or any such Subcontractor, Supplier or other person or organization under worker's
compensation acts, disability benefit acts or other employee benefit acts.
6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the
liability of ENGINEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the
professional negligence, errors or omissions of any of them.
Survival of Obligations:
6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in
accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract
Documents, will survive final payment, completion and acceptance of the Work and termination or
completion of the Agreement.
ARTICLE 7 - OTHER WORK
Related Work at Site
7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let
other direct contracts therefor which shall contain General Conditions similar to these, or have other work
performed by utility owners. If the fact that such other work is to be performed was not noted in the
Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any
such other work, and (ii) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if
CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires
additional time and the parties are unable to agree as to the amount or extent thereof.
7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each
utility owner (and OWNER, if OWNER is performing the additional work with OWNER's employees) proper
and safe access to the site and a reasonable opportunity for the introduction and storage of materials and
equipment and the execution of such other work and shall properly connect and coordinate the Work with
theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting
and patching of the Work that may be required to make its several parts come together properly and
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.
7.3. 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 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 so to
BEL9508B GC-28
report will constitute an acceptance of such other work as fit and proper for integration with
CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work.
Coordination:
J
L
7.4. OWNER does not anticipate contracting with others for the performance of other Work on the
Proiect at the Site.
I
ARTICLE 8 - OWNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General Conditions, OWNER shall issue all communications
to CONTRACTOR through ENGINEER.
8.2. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against
whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall
be that of the former ENGINEER.
8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall
make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13.
8.4. OWNER'S duties in respect of providing lands and easements and providing engineering surveys
to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's
identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface
conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site
that have been utilized by ENGINEER in preparing the Contract Documents.
8.5. '
8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4.
8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in
paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1.
Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain
circumstances.
8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for,
CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety
precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and
BEL9508B GC-29
Regulations applicable to the furnishing or performance of the Work. OWNER will not be responsible for
CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents.
8.10. OWNER's responsibility in respect of undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste or
Radioactive Materials uncovered or revealed at the site is set forth in paragraph 4.5.
8.11. if aRd te the extent. OWNER as required by Laws and Regulations, will has agfeed-to furnish
CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER's
obligations under the Contract Documents, OWNER'O
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION
OWNER's Representative:
9.1. ENGINEER will be OWNER's representative during the construction period. The duties and
responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction
are set forth in the Contract Documents and shall not be extended without written consent of OWNER and
ENGINEER.
visits to Site:
9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction
as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the
progress that has been made and the quality of the various aspects of CONTRACTOR's executed Work.
Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit
of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents.
ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality
or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree
of confidence that the completed Work will conform generally to the Contract Documents. On the basis
of such visits and on-site observations, ENGINEER will keep OWNER informed of the progress of the Work
and will endeavor to guard OWNER against defective Work. ENGINEER's visits and on-site observations
are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and
particularly, but without limitation, during or as a result of ENGINEER's on-site visits or observations of
CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be responsible
for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and
Regulations applicable to the furnishing or performance of the Work.
Project Representative:
9.3. # OWNER and ENGINEER agMe, ENGIA.166R will furnish a Resident Project Representative to assist
ENGINEER in providing more continuous observation of the Work. The responsibilities and authority and
limitations thereon of any-sueh 1h2 Resident Project Representative and assistants will be as provided in
paragraph 9.13 and in the
Cis. following:
9.3.1. General; Res ident Project Reoresentative (RPR) is OWNER's agent at the site will a ct as directed
by and under the sup ervision of OWNER and will confer with ENGINEER rega rding RPR's a ctions RPR's
dealings in matters p ertaining to the on-site work s hall in general be with EN GINEER and C ONTRACTOR
BEL9508B GC-30
keeping OWNER advised as necessary. RPR's dealings with Subcontractors shall only be through or with
the full knowledge and a pproval of the CONTRACTOR.
9.3.2. Duties and Respo nsibilities of RPR:
9.3.2.1. Schedule s: Review the progress schedule prepared by CONTRACTOR and consult with
' ENGINEER concernin g acceptability.
9.3.2,2. Conferen ces and Meetin gs: Attend meeting s with CONTRACTOR, such as preconstruction
conferences progres s meetings iob conferences and o ther Proiect related meetings.
9.3.2.3 Liaison;
' 9.3.2.3.1. Serv e as ENGINEER's liaison with CONTRACTOR working principally through
CONTRACTOR's superintenden t and assist in under standing the intent of the Contract Documents;
and assist ENGINEER in servina a s OWNER's liaison with CONTRACTOR when the CONTRACTOR's
operations affect the OWNER's on-site operations.
9.3.2.3.2. Assi st in obtaining from OWNER additional details or information, when required for
' proper execution of the Work.
9.3.2.4. Review o f Work, Reiection of Defective Work, Inspection and Tests:
9.3.2.4.1. Con duct on-site o bservations of th e Work in progress to assist ENGINEER in
determining if the Work is in ae neral proceeding in accordance with the Contract Documents
9.3.2.4.2. Repo rt to ENGINE ER whenever RPR believes that any Work will not produce a
completed Projec t that conforms generally to the Co ntract Documents or will preiudice the integrity
of the design con cept of the co mpleted Proiect as a functioning whole as indicated in the Contract
Documents, or h as been damaa ed or does not me et the requirements of any inspection, test or
aooroval required to be made; and advise the EN GINEER of work that RPR believes should be
corrected or rejec ted or should b e uncovered for obs ervation, or requires special testing, inspection
or approval.
'
9.3.2.4.3. Verify that tests, e auioment and syst ems start-ups and operating and maintenance
trainina are condu cted in the pre sence of appropriat e personnel, and that CONTRACTOR maintains
adeauate records thereof: and o bserve, record and report to ENGINEER appropriate details relative
' to the test proce dures and start -ups.
9.3.2.4.4. Acco
over the Project, mpany visitina
record the res inspectors representina public or other aaencies having iurisdiction
ults of these inspections and report to ENGINEER.
9.3.2.5. Interpreta tion of Proiect Contract Document s: Report to ENGINEER when clarifications and
interpretations of the Contract Docu ments are needed a nd transmit to the CONTRACTOR clarifications
' and interpretations as issued by EN GINEER.
9.3.2.6. Modifications; Consider and evaluate CONTRACTOR's suggestions for modifications in
Drawings or Specifications and report them with RPR's recommendations to EN GINEER. Transmit to
CONTRA CTOR decisions as issued by ENGINEER.
' 9.3.2.7. Records:
9.3.2 .7.1. Maintain at the iob s ite orderly files for correspondence reoorts of iob conferences
Shoo Drawinas and Samoles re productions of original Contract Document s including all Work
BEL9508B GC-31
Chance Directives Addenda Change Orders Field Orders additional Drawings issued subsequent
to the execution of the contract ENGINEER's clarifications and interpretations of the Contract
Documents proaress reports Shop Drawing submittals received from and delivered to
CONTRACTOR and other Proiect-related documents.
9.3.2.7.2. Pre pare a daily re port or keep a diary or log boo k recording CONTRACTOR's hours on
the iob site we ather conditio ns data relative to auestion s of Work Change Directives, Chance
Orders or chang ed conditions list of iob site visitors dail y activities decisions observations in
general and spe cific observat ions in more detail as in the c ase of observing test procedures; and
send copies to E NGINEER.
9.3.2.7.3. Rec ord names a ddresses and telephone num bers of all contractors subcontractors
and major s uppl iers of materia ls and equipment.
9.3-2-8. Revorts
9.3.2.8.1. Furnish to ENGINEER periodic reports as required of proaress of the Work and of
CONTRACTOR's compliance with the progress schedule and the schedule of Shop Drawing and
Sample submittals.
9.3.2.8.2. Consult with ENGINEER in advance of scheduled major tests inspections or start of
important phases of the Work.
9.3.2.8.3. Report immediately to ENGINEER and OWNER the occurrence of any accident.
9.3.2.9. Payment Reauests• Review Applications for Payment with CONTRACTOR for compliance
with the established procedure for their submission and forward with recommendations to ENGINEER
notina particularly the relationship of the pavment reauested to the schedule of values Work completed
and materials and sauioment delivered at the site but not incorporated in the Work
9.3.2.10. Certificates Maintenance and Operation Manuals; Durina the course of the Work verify
that certificates maintenance and operation manuals and other data reauired to be assembled and
furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the
Contract Documents and have this material delivered to ENGINEER for review and forwarding to
OWNER prior to final payment for the Work.
9.3.2.11. Completion:
9.3.2.11.1. Before ENGINEER issues a Certificate of Substantial Completion submit to
CONTRACTOR a list of observed items requiring completion or correction.
9.3.2.11.2. Conduct a final inspection in the company of ENGINEER OWNER and CONTRACTOR
and prepare a final list of items to be completed or corrected.
9.3.2.11.3. Observe that all items on final list have been completed or corrected and make
recommendations to ENGINEER concerning acceptance and issuance of the Notice of Acceptability
of the Work.
9.3.3. Limitations of Authority:
Resident Proiect Representative:
9.3.3.1. Shall not authorize any deviation from the Contract Documents or substitution of materials
or equipment (including "or-eaual" items? unless authorized by ENGINEER.
BEL9508B GC-32
9.3.3.2. Shall not exceed limitations of ENGINEER's authority as set forth in the Agreement or the
Contract Documents.
9.3.3.3. Shall not undertake any of the responsibilities of CONTRACTOR Subcontractors Suopliers
or Contractor's superintendent.
9.3.3.4. Shall not advise on, issue directions relative to or assume control over any aspect of the
means, methods, techniques, sequences or procedures of construction unless such advice or directions
are soecifically required by the Contract Documents.
9.3.3.5. Shall not advise on, issue directions regarding or assume control over safety precautions
and programs in connection with the Work.
9.3.3.6. Shall not accept Shop Drawing or Sample submittals from anyone other than
CONTRACTOR.
9.3.3.7. Shall not authorize OWNER to occupy the Proiect in whole or in part.
9.3.3.8. Shall not particioate in specialized field or laboratory tests or inspections conducted by
others except as specifically authorized by ENGINEER.
Clarifications and Interpretations:
9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the
requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may
determine necessary, which shall be consistent with the intent of and reasonably inferable from Contract
Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR.
If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in
the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent
thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or
Article 12.
Authorized Variations in Work:
9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract
Documents which do not involve an adjustment in the Contract Price or the Contract Times and are
compatible with the design concept of the completed Project as a functioning whole as indicated by the
Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also
on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes
that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are
unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim
therefor as provided in Article 11 and 12.
Rejecting Defective Work:
9.6. ENGINEER will have authority 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 13.9, whether or not the Work is
fabricated, installed or completed.
Shop Drawings, Change Orders and Payments:
BEL9508B GC-33
9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24
through 6.28 inclusive.
9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11 and 12.
9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14.
Determinations for Unit Prices:
9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by
CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary determinations on
such matters before rendering a written decision thereon (by recommendation of an Application for Payment
or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and
CONTRACTOR,
n n enteFed
. and not subject to appeal (except as modified by ENGINEER
to reflect chanced factual conditionsl.
Decisions on Disputes:
9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge
of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability
of the Work or the interpretation of the requirements of the Contract Documents pertaining to the
performance and furnishing of the Work and Claims under Articles 11 and 12 in respect of changes in the
Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal
decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will
be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event
later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting
data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence
or event unless ENGINEER allows an additional period of time for the submission of additional or more
accurate data in support of such claim, dispute or other matter. The opposing party shall submit any
response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal
(unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty
days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's
written decision on such claim, dispute or other matter will be final and binding upon OWNER and
CONTRACTOR unless. ' 10) an appeel fFeFn has been eRte-Fed iste, 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 thirty days after the date of such
decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction
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 within sixty days of the date of such
decision, unless otherwise agreed in writing by OWNER and CONTRACTOR.
9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.1 1, ENGINEER will not
show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or
decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to
BEL9508B GC-34
paragraphs 9. 10 or 9.11 with respect to any such claim, dispute or other matter (except any which have
been waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a
condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may
otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim,
dispute or other matter pursuant to Article 16.
9. 13. Limitations on ENGINEER's Authority and Responsibilities:
9.13.1. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision
' of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not
exercise such authority or responsibility or the undertaking, exercise or performance of any authority or
responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to
' CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or
employee or agent of any of them.
9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for
CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and
Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for
CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents.
9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any
Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the
Work.
9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and
all maintenance and operating instructions, schedules, guarantees, bonds and certificates of inspection,
tests and approvals and other documentation required to be delivered by paragraph 14.12 will only be to
determine generally that their content complies with the requirements of, and in the case of certificates of
' inspections, tests and approvals that the results certified indicate compliance with, the Contract
Documents.
9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply
' to ENGINEER's Consultants, Resident Project Representative and assistants.
' ARTICLE 10 - CHANGES IN THE WORK
10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at anytime or
from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions
will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt
of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be
performed under the applicable conditions of the Contract Documents (except as otherwise specifically
' provided).
10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the
Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change
Directive, a claim may be made therefor as provided in Article 11 or Article 12.
' 10.3. 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 and supplemented as provided in paragraphs 3.5 and 3.6 except in the case of
uncovering Work as provided in paragraph 13.9.
I BEL9508B GC-35
10.4. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER
(or Written Amendments) covering:
10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10. (ii) required
because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under
paragraph 13.14, or (iii) agreed to by the parties;
10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and
10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written
decision rendered by ENGINEER pursuant to paragraph 9.11;
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 6.29.
10.5. 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,
and the amount of each applicable Bond will be adjusted accordingly.
ARTICLE 11 - CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable
to CONTRACTOR for performing the Work. All duties, responsibilities and obligations assigned to or
undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price.
11.2. 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 delivered by the party making
the claim to the other party and to ENGINEER promptly (but in no event later than *iqy ten days) after the
start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice
of the amount of the claim with supporting data shall be delivered within eimy ht irty days after the start
of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or
more accurate data in support of the claim) and shall be accompanied by claimant's written statement that
the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said
occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in
accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount
involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with
this paragraph 1 1.2.
11.3. 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:
11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by
application of such unit prices to the quantities of the items involved (subject to the provisions of
paragraphs 11.9.1. through 11.9.3, inclusive);
11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents,
by a mutually agreed lump sum (which may include aR a reasonable allowance for overhead and profit f?et
, and will take into account information contained in the
schedule of values prepared by CONTRACTOR and acceptable to ENGINEER.
BEL95088 GC-36
I
11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and
agreement to a lump sum is not reached under paragraph 1 1.3.2, on the basis of the Cost of the Work
(determined as provided in paragraphs 11.4 and-11.5) ' plus a Cost of the Work:
11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by
CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing
by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project,
shall include
1.&J.
in case of an increase in the Contract Price, a reasonable allowance for overhead and profit, and shall be
limited to the followina:
11-4.1. Costs of labor, includina social security, old age and unemployment insurance, frinae benefits
required by agreement or custom, and workers' or workmen's compensation insurance; P8YFB" seat
s-fef
8MPSRsea ef peF#8FF19iR0 ' A ' AAFk AJ*AF FAgU!aF W8Fk*Rg MUM, BR SaWFday, GuFiday 8F legal holidays, she'! be
11.4.2. Costs of materials, suoolies and eguioment, including cost of transportation, whether
incorporated or consumed: ,
GONTRAGTOR with wheeh te make payments, in whieh ease the eash diseeunts shall a8eFUe te OWN
aeBFUS te OWN[-R, and GONT-RAGTOR shall Fmak . . . 16 that they May 198 Gbtal
1 1.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed or furnished by
Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors
acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine,
with the advice of ENGINEER, which bids, if any, will be accepted. if any eubeeAfFaet PF8Y*des that the
11.4-4. Rental costs of machinery and eauipment, exclusive of hand tools, rented from others; Gests
,
11.4-5. Costs of premiums for all bonds and insurance, permit fees. and sales, use or similar taxes
related to the work; and
11.4.5.1.
I BEL9508B GC-37
11.4.5.2.
11.4.5.3.
11.4.5.4. Salee, ,
liable, *FApeeed by 6aws and .
11.4.5.5.
11.4.5.7.
.4.5.8.
11.4.5.9.
CIF.
11.4.6. Additional costs of supervision and field office personnel directly attributable to the change.
11.5. The term Cost of the Work shall not include any of the following:
11.5.2. '
the -sites
BEL9508B GC-38
1
1-7
L
11
t
11.5.3. '
11.5.4.
by subpaFagFaph 11. 4.6.9. abeye).
11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable, including but not limited
to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good
any damages to property.
Other overhead or general expense costs of any kind and the costs of any item not specifically and
expressly included in paragraph 11.4.
11.6. The CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit shall be determined as
follows:
11.6.1.
11.6.2. , then a fee- based- AM. the fellewing peFeentages Of the YaFffiew-s,
11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be
fifteen percent;
11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent;
11.6.2.3.
ne foxed fee 09 agFeed upon, the 0148M ef PaFBgFaphS 11.4.1, 11.4.2, 11.4.3 aRd 11.6.2 iS that the
11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 1 1.4.5,,
11.4. and 11.5;
11.6.2.5. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which
results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction
in CONTRACTOR's fee by an amount equal to five percent of such net decrease and;
11.6.2.6. when both additions and credits are involved in any one change, the adjustment in
CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs
11.6.2.1. through 11.6.2.5, inclusive.
t 11.7. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5,
CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting
practices and submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting
data.
' Cash Allowances:
F,J,
I BE19108B GC-39
1 1.8 It is understood that CONTRACTOR has included in the Contract Price all allowances so named in
the Contract Documents and shall cause the Work so covered to be furnished and performed for such sums
as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that:
11 .8.1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of
materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and
11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead,
profit and other expenses contemplated for the allowances have been included in the Contract Price and
not in the allowances and no demand for additional payment on account of any of the foregoing will be
valid.
Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect
actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall
be correspondingly adjusted.
11.9. Unit Price Work:
11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of
the established unit price for each separately identified item of Unit Price Work times the estimated quantity
of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not
guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price.
Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR
will be made by ENGINEER in accordance with paragraph 9.10.
11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be
adequate to cover CONTRACTOR's overhead and profit for each separately identified item.
,
11 1TTV.3.LT
11-9.3. The unit price of an item of Unit Price Work shall be subiect to reevaluation and adiustment
under the following conditions:
11.9.3.1 i if the total cost of a particular item of Unit Price Work amounts to 10% or more of the
Contract Price and the variation in the auantity of that particular item of Unit Price Work performed by
Contractor differs by more than 25% from the estimated auantity of such item indicated in the
Agreement: and
11. 9.3.2 if there is no corresponding adiustment with respect to any other item of Work: and
11.9.3.3L if CONTRA CTOR believes that CONTRA CTOR has i ncurred additional expense as a result
thereof; or if OWNER believes that th e auantity varia tion entitle s OWNER to an adiustment in the unit
price either O WNER or CONTRACTO R may make a claim for an adiustment in the Contract Price in
BEL9508B GC-40
IJ
' accordance with Article 11 if the parties are unable to agree as to the effect of any such variations in
the auantity of Unit Price Work performed.
ARTICLE 12 - CHANGE OF CONTRACT TIMES
' 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written
Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written
notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no
event later than 14k4y en days) after the occurrence of the event giving rise to the claim and stating the
general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within
siir thir days after such occurrence (unless ENGINEER allows an additional period of time to ascertain
' more accurate data in support of the claim) and shall be accompanied by the claimant's written statement
that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is
entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or
Milestones) shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and
CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones)
will be valid if not submitted in accordance with the requirements of this paragraph 12.1.
11
I-,
u
12.2. All time limits stated in the Contract Documents are of the essence of the Agreement.
12.3. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times
(or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will
be extended in an amount equal to the time lost due to such delay if a claim is made therefor as provided
in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts
or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as
contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions or acts of God. Delays
attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within
the control of CONTRACTOR.
12.4. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times
(or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the
Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be
CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to
CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or
employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or
within the control of CONTRACTOR, or (ii) delays beyond the control of both parties including but not
limited to fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility
owners or other contractors performing other work as contemplated by Article 7.
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE
WORK
13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual
knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as
provided in this Article 13.
Access to Work:
13.2. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER,
independent testing laboratories and governmental agencies with jurisdictional interests will have access
to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide
BEL9508B GC-41
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.
Tests and Inspections:
13.3. 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.
13.4. 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:
13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below;
13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph
13.9 below shall be paid as provided in said paragraph 13.9; and
13.4.3. as otherwise specifically provided in the Contract Documents.
13.5. 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. CONTRACTOR shall also 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 of materials, mix designs, or
equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work.
13.6. 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.
13.7. Uncovering Work as provided in paragraph 13.6 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.
Uncovering Work:
13.8. 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.
13.9. 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 caused by, arising out of or
resulting from 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, and, if the parties
are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. 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; and, if the parties
BEL9508B GC-42
are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as
provided in Articles 11 and 12.
OWNER May Stop the Work:
13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable
materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will
conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion
thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work
shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR
or any surety or other party.
' Correction or Removal of Defective Work:
13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective
Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER,
remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims,
costs, losses and damages caused by or resulting from such correction or removal (including but not limited
to all costs of repair or replacement of work of others).
' 13.12. Correction Period:
13.12.1. If within one year after the date of Substantial Completion or such longer period of time as may
' be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the
Contract Documents or by any specific provision of the Contract Documents, any Work is found to be
defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written
instructions: (i) correct such defective Work, or, if it has been rejected by OWNER, remove it from the site
and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any
damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly
' comply with the terms of such instructions, or in an emergency where delay would cause serious risk of
loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and
replaced, and all claims, costs, losses and damages caused by or resulting from such removal and
replacement (including but not limited to all costs of repair or replacement of work of others) will be paid
by CONTRACTOR.
13.12.2. In special circumstances where a particular item of equipment is placed in continuous service
' before Substantial Completion of all the Work, the correction period for that item may start to run from an
earlier date if so provided in the Specifications or by Written Amendment.
' 13.12.3. Where defective Work (and damage to other work resulting therefrom) has been corrected,
removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work
will be extended for an additional period of one year after such correction or removal and replacement has
been satisfactorily completed.
' Acceptance of Defective Work:
13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior
to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so.
CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of and
determination to accept such defective Work (such costs to be approved by ENGINEER as to
reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment,
a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect
to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the
parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in
BEL9508B GC-43
Article 1 1. If the acceptance occurs after such recommendation, an appropriate amount will be paid by '
CONTRACTOR to OWNER.
OWNER May Correct Defective Work: '
13.14. 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 13.1 1, 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,
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
'
s
representatives, agents and employees, OWNER's other contractors and ENGINEER and ENGINEER '
Consultants access to the site to enable OWNER to exercise the rights and remedies under this paragraph.
All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and
remedies 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, and, if the parties are unable to agree as to the amount
thereof, OWNER may make a claim therefor as provided in Article 11. 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. 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
hereunder.
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in paragraph 2.9 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. '
Application for Progress Payment.
14.2. At least twenty days bGfGFe the date establiehed fef Before 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 and other arrangements to protect OWNER's interest therein,
all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments
will be as stipulated in the Agreement.
CONTRACTOR's Warranty of Title:
BEL9508B GC-44
7
1
14.3. 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.
Review of Applications for Progress Payment:
14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in
writing a recommendation of payment and present the Application to OWNER, or return the Application to
CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter
case, CONTRACTOR may make the necessary corrections and resubmit the application. Ten days af4ef
After presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the
amount recommended will (subject to the provisions of the last sentence of paragraph 14.7) beeeme-df e
and when due will be paid by OWNER to CONTRACTOR within 30 days after approval by OWNER.
14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will
constitute a representation by ENGINEER to OWNER, based on ENGINEER's on-site observations of the
executed Work as an experienced and qualified design professional and on ENGINEER's review of the
Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's
knowledge, information and belief:
14.5.1. the Work has progressed to the point indicated.
14.5.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an
evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any
subsequent tests called for in the Contract Documents, to a final determination of quantities and
classifications for Unit Price Work under paragraph 9.10, and to any other qualifications stated in the
recommendation), and
14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have
been fulfilled in so far as it is ENGINEER's responsibility to observe the Work.
However, by recommending any such payment ENGINEER will not thereby be deemed to have represented
that: M exhaustive or continuous on-site inspections have been made to check the quality or the quantity
of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or
(ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to
be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR.
14.6. ENGINEER's recommendation of any payment, including final payment, shall not mean that
ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of
construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR
to comply with Laws and Regulations applicable to the furnishing or performance of Work, or for any failure
of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents.
14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's
opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.5.
ENGINEER may also refuse to recommend any such payment, when CONTRACTOR fails to submit a revised
progress schedule or a revised Shop Drawing and Samole submittal schedule in accordance with the
General Reauirements, when CONTRACTOR fails to maintain record documents reauired by paragraph 6.19,
or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify
any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion
to protect OWNER from loss because:
14.7.1. the Work is defective, or completed Work has been damaged requiring correction or
replacement,
BEL9508B GC-45
14.7.2. the Contract Price has been reduced by Written Amendment or Change Order,
14.7.3. OWNER has been required to correct defective Work or complete Work in accordance with
paragraph 13.14, or
14.7.4. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in
paragraphs 15.2.1 through 15.2.4 inclusive.
OWNER may refuse to make payment of the full amount recommended by ENGINEER because:
14.7.5. claims have been made against OWNER on account of CONTRACTORs performance or
furnishing of the Work,
14.7.6. 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,
14.7.7. there are other items entitling OWNER to a set-off against the amount recommended, ef
14.7.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs
14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive=,r
14.7.9. of accrued damaoes for delay;
but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the
reasons for such action and 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.
Substantial Completion:
14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall
deliver acceptable record documents (as provided in naraoragh 6.19), 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.
Within a reasonable time 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 fourteen
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 fourteen 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 between OWNER and
CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and
warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform
BEL9508B GC-46
ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion,
ENGINEER'S aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment.
' 14.9. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial
Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the
tentative list.
Partial Utilization:
14.10. Use by OWNER at OWNER's option of any substantially completed part of the Work which: (i) has
specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agrees
constitutes a separately functioning and usable part of the Work that can be used by OWNER for its
intended purpose without significant interference with CONTRACTOR's performance of the remainder of
the Work, may be accomplished prior to Substantial Completion of all the Work, subject to the following:
14.10.1. OWNER at anytime may request CONTRACTOR in writing to permit OWNER to use any such
part of the Work which OWNER believes to be ready for its intended use and substantially complete. If
CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to
OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue
a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify
OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its
intended use and substantially complete and request ENGINEER to issue a certificate of Substantial
Completion for that part of the Work. Within a reasonable time after either such request, OWNER,
CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of
completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER
will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that
' part of the Work to be substantially complete, the provisions of paragraph 14.8 and 14.9 will apply with
respect to certification of Substantial Completion of that part of the Work and the division of responsibility
in respect thereof and access thereto.
14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to
compliance with the requirements of paragraph 5.15 in respect of property insurance.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is
complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify
CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or
defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work
or remedy such deficiencies.
Final Application for Payment:
14.12. After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and
delivered in accordance with the Contract Documents all maintenance and operating instructions,
schedules, guarantees, Bonds, certificates or other evidence of insurance required by paragraph 5.4,
certificates of inspection, and other
documents, CONTRACTOR may make application for final payment following the procedure for progress
payments. 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 5.4.13, (ii) consent of the surety, if any, to final payment, and (iii)
complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed
in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER,
CONTRACTOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the
BEL9508B GC-47
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.
Final Payment and Acceptance:
14.13. 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 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
14.15. Otherwise, ENGINEER will return the application 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. Thirty days after the presentation to OWNER of the Application
and accompanying documentation, in appropriate form and substance and with ENGINEER's
recommendation and notice of acceptability, the amount recommended by ENGINEER will become due and
will be paid by OWNER to CONTRACTOR.
14.14. 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 5.1 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.
Waiver of Claims:
14.15. The making and acceptance of final payment will constitute:
14.15.1. 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 14.1 1, from failure to
comply with the Contract Documents or the terms of any special guarantees specified therein, or from
CONTRACTOR's continuing obligations under the Contract Documents; and
14.15.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in
writing and still unsettled.
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
OWNER May Suspend Work:
15. 1. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period
of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date
on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed.
CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times,
BEL9508B GC-48
or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor
as provided in Articles 11 and 12.
i OWNER May Terminate:
15.2. Upon the occurrence of any one or more of the following events:
15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract
Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials
or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from
time to time pursuant to paragraph 6.6);
15.2.2. if CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction;
15.2.3. if CONTRACTOR disregards the authority of ENGINEER; or
' 15.2.4. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract
Documents;
OWNER may, after giving CONTRACTOR (and the surety, if any,) seven days' written notice and to the
extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR
from the site and take possession of the Work and all of CONTRACTOR's tools, appliances, construction
equipment and machinery at the site and use the same to the full extent they could be used by
CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all
materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are
stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall
1 not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the
Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or
resulting from completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs,
losses and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such
claims, costs, losses and damages incurred by OWNER will be reviewed by ENGINEER as to their
reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when
exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest
price for the Work performed.
15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not
affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter
accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release
CONTRACTOR from liability.
15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause
and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such
case, CONTRACTOR shall be paid (without duplication of any items):
15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior
to the effective date of termination, including fair and reasonable sums for overhead and profit on such
Work;
15.4.2. for expenses sustained prior to the effective date of termination in performing services and
furnishing labor, materials or equipment as required by the Contract Documents in connection with
' uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;
15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with
Subcontractors, Suppliers and others; and
I BEL9508B GC-49
15.4.4. for reasonable expenses directly attributable to termination.
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.
CONTRACTOR May Stop Work or Terminate:
15.5. If, through no actor fault of CONTRACTOR, the Work is suspended for a period of more than ninety
days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any
Application for Payment within thirty days after it is submitted or OWNER fails for ninety 04" days to pay
CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon him seyen days'
written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such
suspension or failure within that time, terminate the Agreement and recover from OWNER payment on the
same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to
any other right or remedy if ENGINEER has failed to act on an Application for Payment within thirty days
after it is submitted, or OWNER has failed for ninety t#*ty days to pay CONTRACTOR any sum finally
determined to be due, CONTRACTOR may upon h? =aeYeR day's written notice to OWNER and ENGINEER
stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The
provisions of this paragraph 15.5 are not intended to preclude CONTRACTOR from making claim under
Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage
directly attributable to CONTRACTOR's stopping Work as permitted by this paragraph.
ARTICLE 16 - DISPUTE RESOLUTION
FeselyiFig dieputea betweeR them that may aFiee uRdOF this AgFeemeRip eueh diSPU48 Feeelwtieiq method and
Subject to the provisions of paragraphs 9.10, 9.11, and 9.12,
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
Giving Notice:
17.1. 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.
Computation of Times:
17.2.1. 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.
17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute '
a day.
Notice of Claim:
BEL9508B
GC-50
17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any
error, omission or act of the other party or of any of the other party's employees or agents or others for
whose acts the other party is legally liable, claim will be made in writing to the other party within a
reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3
shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of
limitations or response.
Cumulative Remedies:
17.4. The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto, and, in particular but without limitation, the warranties,
guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32,
13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER
thereunder, 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.
Professional Fees and Court Costs Included:
17.5. Whenever reference is made to "claims, costs, losses and damages," it shall include in each case,
but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and
all court BF aFl9iVati8R 9F etheF dials costs.
Siltation and Erosion:
17._Q. CONTRACTOR shall comply with all applicable provisions of the Sedimentation Pollution Control
Act of 1973, General Statutes Chapter 113A Article 4 and shall be responsible for incorporating
conservational procedures necessary to comply with this Act in minimizina erosion and sediment pollution
associated with Work on the Project as shown and as directed by ENGINEER
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SUPPLEMENTARY CONDITIONS
CONDITIONS OF THE CONTRACT
These Supplementary Conditions amend or supplement the General Conditions of the Construction
Contract NSPE 1910-8 (1990 Edition/Modified) and other provisions of the Contract Documents as
indicated below. All provisions which are not so amended or supplemented remain in full force and
effect.
ARTICLE 2 - PRELIMINARY MATTERS
Add the following paragraphs to Article 2 of the General Conditions:
Minority Business Participation:
2.10 The Owner has a verifiable ten percent (10%) goal for participation by minority businesses in
the total value of work for each project for which a contract or contracts are awarded pursuant to this
section.
2.10.1 The term "minority-business" means a business:
2.10.1.1. In which at least fifty-one percent (51 %) is owned by one or more minority
persons , or in the case of a corporation, in which at least fifty-one percent (51 %) of the stock
is owned by one or more minority persons; and,
2.10.1.2. Of which the management and daily business operations are controlled by one
or more of the minority persons who own it.
2.10.2 The term "minority person" means a person who is a citizen or lawful permanent resident of
the United States and who is:
2.10.2.1. Black, that is, a person having origins in any of the black racial groups in Africa;
2.10.2.2. Hispanic, that is, a person of Spanish or Portuguese culture with origins in
Mexico, South or Central America, or the Caribbean Islands, regardless of race;
2.10.2.3. Asian American, that is, a person having origins in any of the original peoples
of the Far East, Southeast Asia and Asia, the Indian subcontinent, the Pacific Islands;
2.10.2.4. American Indian or Alaskan Native, that is, a person having origins in any of the
original peoples of North America; or
2.10.2.5. Female.
2.10.3 The term "verifiable goal" means that the Owner has adopted written guidelines specifying the
actions that the Contractor must take to insure good faith effort in the recruitment and selection of
minority businesses for participation in contracts awarded under this section; the required actions must
be documented in writing by the Contractor to the appropriate awarding authority.
2.10.4 The Owner shall award public contracts pursuant to this section without regard to race,
religion, color, creed, national origin, sex, age, or handicapping condition, as defined in North Carolina
BEL9508B SC-1
G.A. 168A-3. Nothing in this section shall be construed to require Contractor or Owner to award
contracts or subcontracts, or to make purchases of materials or equipment from minority-business
subcontractors who do not submit the lowest responsible bid or bids.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITY
Add the following as paragraph 6.13.1 of the General Conditions:
6.13.1 The Owner has applied for construction permits from (1) North Carolina Division of
Environmental Management - sewer system construction permit, (2) Norfolk Southern Corporation -
railroad crossing agreement, (3) North Carolina Division of Land Quality - erosion and sediment control,
and (4) U.S. Corps of Engineers - Wetlands Permit. These permits are currently pending, but are
expected to be received prior to Notice to Proceed. However, the Contractor shall base his bid on all
permits being received on or before the thirtieth day after the Award of Contract. Any costs incurred
by Contractor because of provisions contained in the permits indicated above (including additional
insurance and bond requirements, and other requirements relating to construction procedures and
materials) shall be subject to a change in contract price per Article 11 of the General Conditions.
END OF SECTION
BEL9508B SC-2
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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. Description of work.
B. Coordination.
C. Work sequence.
D. Notice to persons affected by the work.
E. Documents.
F. Work on and affecting private property.
1.3 DESCRIPTION OF WORK
A. The Contract provides for the construction of 4,448 linear feet of 18-inch PVC and DIP
sanitary sewer, manholes, and associated appurtenances.
1.4 COORDINATION
A. Contractor shall cooperate in the coordination of his activities in a manner that will provide
the least interference with the Owner's operations and other contractors and utility
companies working in the area.
1.5 WORK SEQUENCE - GENERAL CONSTRUCTION ACTIVITIES
A. The work shall proceed in a systematic manner so that a minimum of inconvenience will
result to the public in the course of construction.
B. Prior to the initiation of construction activities, Contractor shall put in place such temporary
erosion control measures as needed. These measures shall be inspected and evaluated
during construction operations for their effectiveness in preventing erosion material and
sediment from discharging from work area. If required, and as directed by the Owner,
additional temporary erosion control measures shall be instituted and installed.
C. Backfill any trenches so no section of the trench is left open longer than is absolutely
necessary. The safety conditions of open excavations shall be the Contractor's
responsibility.
D. Open cut crossings of public and private roadway pavements shall be scheduled and
performed during periods of least expected traffic interference. If required to minimize
BEL9508B 01010-1
traffic disruption, Contractor shall perform crossings at night or on weekends as necessary.
The temporary closing of roadways shall be coordinated with the North Carolina
Department of Transportation and the Belmont Police and Fire Department.
E. The Contractors sequence of construction activities shall be controlled by the following
restrictions:
1. The temporary closing of roadways shall be approved and coordinated with the
North Carolina Department of Transportation and the Belmont Police and Fire
Departments.
2. Such restrictions as may be imposed as condition to the use of the Norfolk Southern
Railroad right-of-way.
F. Clean up construction debris, excess excavation, excess materials, and completely restore
the disturbed area immediately following the construction.
1.6 NOTICE TO PERSONS AFFECTED BY THE WORK
A. Notify all utility offices which are affected by the construction operation and the utility
locating company (ONE CALL) for cable locations at least 48 hours in advance. Under no
circumstances expose any utility without first obtaining permission from the appropriate
agency. Once permission has been granted, locate, expose and provide temporary support
for all underground utilities.
B. The following is a list of the major public utilities serving the work area including the name
of the responsible authority of the various utilities which should be notified if conflicts or
emergencies arise during the progress of the work:
Type of Utility Responsible Authority
Buried Cable Location ONE CALL - 1-800-632-4949
Water & Sewer City of Belmont - (704) 825-0507 or (704) 825-5586
Gas Public Service Company - (704) 825-3315
Electric Duke Power Company - (704) 827-9462
Telephone, Local Lines Southern Bell - (704) 780-1711
Cable T.V. Cablevision of Belmont/Mt. Holly - (704) 827-7507
1.7 DOCUMENTS
A. Drawings and Specifications.
1. Do not scale drawings.
2. This Project Manual is prepared using the Construction Specifications Institute (CSI)
basic concepts and techniques and shall be so interpreted. Each section is divided
into three parts whenever applicable in accordance with the guidelines established
by the CSI format for construction specifications.
3. The separation of the specifications into the individual sections is not intended to
define the responsibilities of the various subcontractors and suppliers. The
Contractor shall be solely responsible for the coordination of the activities and the
responsibilities of his subcontractors and suppliers.
BEL9508B 01010-2
B. Copies.
1. Contractor will be furnished, without charge, five (5) copies of Contract Documents
for use in executing the Work.
2. Additional copies may be obtained from Engineer at reproduction costs plus fifteen
(15) percent for handling.
1.8 WORK ON AND AFFECTING PRIVATE PROPERTY
A. The Contractor shall restrict operation of equipment and movement of materials to the
immediate area of the construction and to the construction easements where applicable.
' Deviation from the areas will not be permitted except with written approval from the
Owner and property owner.
B. The Contractor shall provide signing, fencing and other devices and barriers so as to
protect and warn pedestrians and vehicular traffic of his operations.
C. The Contractor shall not obstruct access to private property without first obtaining the
written approval of the property owner. When required to provide safe access for
pedestrians across work zones, Contractor shall provide such timber walkways and
bridges, stone paths, protective fencing, etc. as required.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
I END OF SECTION
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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. Cash allowances.
B. Applications for payment.
C. Change procedures.
1.3 CASH ALLOWANCES
A. Costs included in cash allowances, costs not included in cash allowances but included in the
Contract Price, and adjusting differences in costs shall be in accordance with paragraph 11.8
of the General Conditions.
B. Allowances Schedule:
1. Section 01400 - Quality Control: Include the stipulated sum of $5,000.00 to employ
and pay for the services of qualified independent testing laboratories approved by the
Owner, to conduct tests for soil compaction as specified in Sections 02200 and 02225,
and concrete testing as specified in Section 03301 in accordance with paragraph 1.6 -
Testing Service.
1.4 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 unit price 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.
BEL9508B
01019-1
A sample Affidavit of Contractor and a sample Affidavit for Final Payment are included at the
end of this Section.
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.
F. For payment for materials and equipment stored at the site, furnish supporting documentation
required by paragraph 14.2 of the General Conditions.
G. For payment for materials and equipment stored at an approved "off-site" location, furnish
supporting documentation required by paragraph 14.2 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.
3. A letter from the Bonding Company indicating agreement to the arrangements and that
payment to the Contractor shall not relieve either party of their responsibility to
complete the facility.
4. Evidence that representatives of the Engineer have visited the Contractor's place of
storage and checked all items on the Contractor's certificate.
H. Include an updated construction progress schedule.
Include an updated schedule of Shop Drawing and Sample submittals.
1.5 CHANGE PROCEDURES
A. Engineer will advise of minor changes in the Work not involving an adjustment to Contract
Price or Contract Time as authorized by paragraph 9.5 of the General Conditions by issuing
supplemental instructions in a Field Order.
B. Owner may issue a request for a change which includes a detailed description of the proposed
change with supplementary or revised Drawings and Specifications. Contractor will prepare
and submit within 30 days, a statement describing the effect on the Contract Price and
Contract Time with full documentation.
C. Contractor may propose changes by submitting a request for change to Engineer, describing
the proposed change and its full effect on the Work. Include a statement describing the
reason for the change, and the effect on the Contract Price and Contract Time with full
documentation. Document any requested substitutes and "or-equals" in accordance with
Section 01600.
D. Work Change Directive: Engineer may issue a Work Change Directive signed by the Owner,
instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in
a Change Order. Document will describe changes in the Work, and designate method of
determining any change in Contract Price or Contract Time. Promptly execute the change.
A sample Work Change Directive form is included at the end of this Section.
Change Order: Engineer will issue Change Orders for signatures of parties as provided in the
Conditions of the Contract. A sample Change Order form is included at the end of this
Section.
BEL9508B 01019-2
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F. Stipulated Price Change Order: Based on Contractor's fixed price quotation as approved by
Engineer.
G. Unit Price Change Order: For contract unit prices and quantities, the Change Order will be
executed on a fixed unit price basis. For unit costs or quantities of units of work which are
not predetermined, execute Work under a Work Change Directive. Changes in Contract Price
or Contract Time will be computed as specified for Cost of the Work Change Order.
H. Cost of the Work Change Order: Submit itemized account and supporting data after
completion of change, within time limits indicated in the Conditions of the Contract. Engineer
will determine the change allowable in Contract Price and Contract Time as provided in the
Contract Documents.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
BEL9508B 01019-3
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APPLICATION FOR PAYMENT
CONTRACTOR:
OWNER:
PROJECT:
Contract Effective Date:
Consecutive Days for Completion:
Contract Completion Date:
Consecutive Days Completed to Date:
Original Contract
Extra Orders
Deduction Orders
Totals
Less Retainer 8% (after 50% complete 0% on remaining est.)
Net Completed to Date
Material Stored
Less 8% of Invoice
Net Material Stored
Total Earned to Date
Less Amount Previously Paid
DUE THIS ESTIMATE
Sheet No.
Estimate No.
Date 19
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:
OWNER'S APPROVAL:
Date
ENGINEER'S RECOMMENDATION:
Date
RECAP
Date
CONTRACT PROGRESS:
1. Percentage of Contract Time Elapsed
2. Estimated Percentage of Construction Work Completed
3. Is Contractor's Construction Progress on Schedule
BEL9508B
Page 1 of 3
(Application for Payment)
YES
o?
NO
CONTRACT:
IN FAVOR OF:
Date
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FINKEINER, PETTIS & STROUT, INC.
Consulting Engineers
ESTIMATE NO.: CONTRACT PRICE:
19 CALCULATED BY:
CHECKED BY:
SECTION/
ITEM NO.
SECTION/ITEM DESCRIPTION COMPLETED
QUANTITY CONTRACT
RATE COMPLETED
AMOUNT
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(Application for Payment)
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MATERIAL STORED LISTING
Contractor: Project:
7
Estimate No. Date 19
PREVIOUS NEW TOTAL
REF. AMOUNT STORAGE INSTALLED STORED UNIT CURRENT
INVOICE x SUPPLIER DESCRIPTION UNIT STORED AMOUNT AMOUNT TO PRICE AMOUNT
DATE
SHEET TOTAL
BEL9508B
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(Application for Payment)
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AFFIDAVIT OF CONTRACTOR
State of
County of
1
1 SS:
1
Affiant is the (1)
(Affiant), being first duly sworn, says that:
of
(2)
the Contractor having
a contract with (3)
the Owner, for
(4)
SUBCONTRACTORS
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 TRADE
AMOUNT DUE
OR TO BECOME DUE
TO DATE HEREOF
BEL95088 Page 1 of 3
(Affidavit of Contractor)
I MATERIALMEN
Said affiant further says that all bills for machinery, material or fuel included in preceding
estimates have been paid in full, that all bills for machinery, material or fuel 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 person furnishing machinery, material
or fuel to (2)
giving the
amount, if any, which is
due, or to become due to them, or any of them, for 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.
I
AMOUNT DUE
KIND OF MACHINERY, OR TO BECOME DUE
NAME ADDRESS MATERIAL OR FUEL TO DATE HEREOF
BEL9508B
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(Affidavit of Contractor)
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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.
AFFIANT
SWORN TO before me and subscribed in my presence this day of , 19
NOTARY PUBLIC
Note: (1) Sec'y., Treas., 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
BEL9508B
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(Affidavit of Contractor)
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State of
County of
AFFIDAVIT FOR FINAL PAYMENT
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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 , 19_
NOTARY PUBLIC
BELS508B
Page 1 of 1
(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:
F1
Attachments: (List documents supporting change)
1 If a claim is made that the above change(s) have affected Contract Price or Contract Time any claim for a Change Order based thereon
will involve one or more of the following methods of determining the effect of the change(s).
Method of determining change in Contract Price: Method of determining change in Contract Time:
Unit Prices Contractor's records
Lump Sum Engineer's records
Other Other
' Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Time:
$ Substantial Completion: days
Final Completion: 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.
I RECOMMENDED: APPROVED:
By: By:
Engineer (Authorized Signature) Owner (Authorized Signature)
' Date: Date:
I BIL9108B 1
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CHANGE ORDER
No.
PROJECT:
Date of Issuance: Effective Date:
OWNER:
CONTRACTOR: ENGINEER: Finkbeiner, Pettis & Strout, Inc.
The following changes have been incorporated into the Contract Documents.
Description:
Reason for Change Order:
Attachments: (List documents supporting change)
CHANGE IN CONTRACT PRICE
Original Contract Price: $
Net changes from previous
Change Orders: $
Net increase (decrease) of
this Change Order: $
Adjusted Contract Price
with all approved
Change Orders: $
RECOMMENDED:
AC
CHANGE IN CONTRACT TIME
Original Contract Time:
Substantial Completion:
Final Completion:
days or dates
Net Changes from prevoius
Change Orders:
Net increase (decrease)
of this Change Order:
Adjusted Contract Time
with all approved
Change Orders:
Substantial Completion:
Final Completion:
days or dates
By: By: By:
Engineer (Authorized Signature) Contractor (Authorized Signature) Owner (Authorized Signature)
Date: Date: Date:
I BEL9508B 1
SECTION 01025
MEASUREMENT AND PAYMENT
1.1 GENERAL
A. This section covers methods of measurement and payment for items of work under this
contract.
B. The total bid price for each section of the contract shall cover all work required by the Contract
Documents. All costs in connection with the proper and successful completion of the work,
including furnishing all materials, equipment, supplies, and appurtenances; providing all
construction plant, equipment, and tools; and performing all necessary labor and supervision
to fully complete the work, 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
1 Contractor and all costs in connection therewith shall be included in the prices bid.
1.2 ESTIMATED QUANTITIES
' A. All estimated quantities stipulated in the Bid or other Contract Documents under unit price
items are approximate and are to be used for the purpose of comparing the bids submitted for
the work. The actual amounts of work done and materials furnished under unit price items may
differ from the estimated quantities.
B. The basis of payment for work and materials will be the actual amount of work done and
' materials furnished.
C. Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise on
account of any difference between the quantities of work actually performed and materials
' actually furnished and the estimated amounts therefor.
1.3 EARTHWORK, EXCAVATION, TRENCHING, AND BACKFILL
A. Except where otherwise specified, the unit or lump sum price bid for each item of work which
involves excavation or trenching shall include all costs for such work. No direct payment shall
be made for excavation or trenching.
B. Earthwork required for the construction of accessways, haul roads, stockpiles, and staging
areas will not be paid for separately, but will be considered a subsidiary obligation of Contractor
and all costs in connection therewith shall be included in the prices bid for clearing and
grubbing, and sewer construction items.
' C. The backfill of excavations and trenches with material removed in the excavation for each unit
or lump sum price bid shall include all associated costs including stockpiling of materials,
placement, and compaction. No direct payment shall be made for backfill.
D. Imported granular backfill and trench stabilization material shall be paid at the unit price bid per
cubic yard in place and shall include the cost of disposal of excess excavated material.
Payment shall not exceed the quantity calculated using the depth of the pipe times a payment
trench width equal to the maximum trench width at top of pipe as specified in Section 02732
(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. Imported granular backfill and
I BEL9108B 01025-1
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trench stabilization material required for areas outside the limits defined shall be provided by
and at Contractor's expense.
E. The basis of payment for rock excavation will be the volume of rock excavation calculated by
the following formula:
Trench width x depth of rock x length = volume
where trench payment width equal to the maximum trench width at the top of pipe as specified
in Section 02732 and depth of rock is defined per Section 02229 and length is measured in a
horizontal plane. The price shall include the cost of backfill of the overdepth excavation with
granular material.
F. The following bid items have been added to the contract in order to establish unit prices should
the work be required to complete the construction of the project. The quantities stipulated in
the Bid Schedule have been established for the purpose of bidding only.
1 . Rock Excavation.
2. Imported Granular Backfill.
These work items will be used only where directed by the Engineer.
1.4 SEWERS AND CULVERTS
A. Sewers will be measured for payment on a horizontal plane after installation, through all line
manholes, to the centers of new manholes and through the walls of structures and existing
manholes at the points of connection therewith.
B. Measurement for depth of bury will be from the pipe invert to the existing ground elevation
over the pipe.
C. The unit price bid for pipe of each designated kind and size shall cover all installation and shall
include all trenching and backfill with excavated material to depths indicated, pipe, fittings,
jointing materials, pipe laying, pipe embedment including furnishing bedding materials, and all
bell hole excavation.
1.5 SEWERS IN CASING PIPES
A. Where pipe boring or jacking is required in connection with railroad and highway crossings,
each crossing shall be measured for payment horizontally along the longitudinal centerline of
the enclosing conduit or pipe installed therein, from end to end of the enclosing conduit.
B. The unit price bid for each crossing in pipe conduit shall include all costs in connection with
the preparation of the work area including excavation, backfilling, and work area restoration
to original condition; carrier pipe; sewer pipe conduit; steel spiders and redwood skids; jointing
materials; sand/cement fill and end closures; and all other work for and in connection with the
crossing which is not paid for separately.
1.6 MANHOLES, DROP PIPE ASSEMBLIES, AND CONCRETE MARKER POSTS
A. Payment for standard manholes, flat top manholes, manholes over existing sewers, and flow
control manhole shall be at the unit price bid to cover the construction of the specified manhole
at the depth indicated.
B. Flow control manhole shall include shear valve, 10 inch DIP sewer stubs, and flexible
BEL9508B 01025-2
' connection to existing and proposed sewers, and all other appurtenances as indicated on the
Drawings.
C. The price bid per manhole shall include the excavation and backfill, foundations, manhole
invert construction, walls, top section, manhole frame and cover, manhole steps, bolt-down
' lids (where applicable), and all other necessary appurtenances specified or shown on the plans.
D. Drop pipe assemblies shall be paid for at the unit price bid per each. The price shall include all
excavation and backfilling, drop pipe foundations, drop pipe and fittings, drop pipe encasement,
manhole invert construction, and all other necessary appurtenances specified or indicated on
the Drawings.
E. Concrete manhole marker post shall be paid for at the unit price bid per each. The price shall
include all costs of furnishing and installing marker posts where indicated on the Drawings or
where directed by Owner.
1.7 REINFORCED CONCRETE FOR ANCHORS, ENCASEMENT AND PIERS
A. Concrete for pipeline anchors and encasement shall be computed using the maximum allowable
trench width (or pipe O.D. plus 24 inches where no maximum is specified), the minimum clear
depth below the pipe, and the minimum cover over the pipe, less the volume occupied by the
pipe itself.
' B. Unless otherwise authorized by Engineer, all additional concrete for encasement required
outside the specified pay limits will be considered a subsidiary obligation of Contractor and no
direct payment shall be made therefor.
C. Concrete for pipe support piers shall be computed using the dimensions shown in the detail on
the Drawings for the actual height of the completed pier.
' D. The unit price bid for concrete anchors, encasement and piers shall include concrete,
reinforcing steel, forms, finishing, curing and all other work or materials required to complete
work.
1.8 CLEARING AND GRUBBING
A. Clearing and grubbing will be paid for on a per acre basis. Measurement will be based on the
actual field verified area of permanent easements and rights-of-way that required clearing and
grubbing of trees, stumps and other such woody vegetation. Pipelines under pavements or
across grassed or established lawn areas, shall not be measured for payment under this work
item. Clearing and grubbing of temporary easements will not be measured for payment and the
costs will be considered a subsidiary obligation of Contractor and all costs in connection
therewith shall be included in the prices bid for clearing and grubbing permanent easements and
' rights-of-way.
B. Payment will be based on the unit price bid. The unit price shall include the cost of cutting,
clearing, loading, hauling and disposal off-site in a legal manner of all trees, stumps and other
vegetation within the permanent easement limits. The unit price is also to include all other
labor, equipment and materials needed to properly clear and grub the area of work not
otherwise specified as a separate bid item.
1.9 REMOVAL OF TRASH
A. The removal of trash located between approximate stations 29 + 00 and 30 + 25, shall include
all costs associated with excavation and legal disposal of trash found at this location.
I BEL9508B 01025-3
B. The unit price bid per cubic yard, shall be measure by truck load removed.
C. This item shall apply to the specific location indicated. Should trash of any nature be
discovered during completion or the Work, it shall be removed at the Contractor's expense.
1.10 ABANDONMENT OF SEWER
A. The unit price bid per each for plugging a sewer to be abandoned at a manhole shall include
all labor, materials and equipment necessary to abandon the facilities as specified.
1.11 REMOVAL OF MANHOLES, SEWER, AND AERIAL SEWER SUPPORTS
A. Included in the price bid per each manhole to be removed shall be all labor and materials
necessary to plug all entering and exiting sewers to be abandoned with brick and mortar
bulkheads, removal of the frame and cover and its delivery to the Owner's public works garage,
the filling of the manhole with earth backfill material, and the general site clean-up.
B. The plugging of sewers to be abandoned which enter manholes to remain in service, shall be
paid at the unit price bid per each sewer plugged.
C. Included in the unit price bid per linear foot for removing the existing sewer shall be all labor
and materials necessary to remove and dispose of the exposed piping and concrete supports
as indicated on the Drawings.
D. The removal of aerial sewer supports shall be paid for per each and shall include disposal of
removed materials and filling resultant hole with earth backfill.
1.12 REMOVAL AND REPLACEMENT OF FENCING
A. The price bid per linear foot of fencing temporarily removed and replaced shall include salvaging '
existing fence materials, replacement materials, new concrete foundations, and any other costs
associated with the reinstallation of fencing to original condition and location.
1.13 REMOVAL AND REPLACEMENT OF CONCRETE, BITUMINOUS AND STONE PAVEMENTS AND
DRIVEWAYS
A. Measurement for payment for pavement and driveway removal and replacement will be made
on the actual square yard basis for each type of pavement as determined by surface
measurement. Replacement thickness shall be equal to that of the pavement or drive removed.
B. The price bid for pavement and driveway removal and replacement, will be full compensation '
for all work covered by the specifications, including but not limited to producing, weighing,
transporting, and placing paving materials; furnishing and applying prime coat (if required);
sawcutting and removal of existing pavement; maintaining the surface course until final ,
acceptance, and making any repairs or corrections necessary.
1.14 REPLACE PROPERTY MONUMENTS AND PINS '
A. The price bid per each property monument or pin to be replaced, shall include all cost
associated with the preserving, establishment of witness points and final replacement of
monuments and pins by a Registered Land Surveyor.
B. Property monuments or pins located outside of the limits of easements shall be replaced at the
Contractor's expense.
BEL9508B 01025-4 1
1 .1 5 TEMPORARY GRAVEL CONSTRUCTION ENTRANCES
A. The price bid per each temporary gravel construction detail shall include the installation of the
gravel entrance material and steel posts with cable and lock for access control in accordance
with the detail in the Drawings.
B. The price bid shall also include the removal of gravel and seed restoration of the entrance at
the completion of the Work, if required by Owner.
1.16 TEMPORARY SILT FENCE
A. Measurement for payment of the construction of the temporary silt fence will be based on a
' per linear foot as constructed basis.
B. Payment will be based on the unit price bid and is to include the cost of furnishing and
installing all posts, wire fencing and filter fabric. The unit price is also to include the cost of
any other labor and materials necessary to properly construct and maintain the temporary silt
fence, and to remove fencing upon completion of the Work.
1.17 TEMPORARY DIVERSION DITCH
A. Measurement for payment of the construction of the temporary diversion ditch will be based
on a per linear foot as constructed basis.
B. Payment will be based on the unit price bid and is to include the cost of constructing the ditch,
any other labor and materials necessary to properly maintain the temporary ditch, and the filling
of the ditch upon completion of the Work.
1.18 TEMPORARY SEDIMENT BASINS
A. Measurement for payment of the construction of temporary sediment basins will be based on
a per each basis.
B. Payment will be based on the unit price bid for each basin and is to include the cost of
excavation, berm construction, and rip rap outfall weir construction. The unit price is also to
include the cost of any other labor or materials necessary to properly construct and maintain
the temporary sediment traps and to remove the trap upon completion of the work.
1.19 STONE DITCH CHECK
' A. This item shall be paid for at the price bid per each stone ditch check installed in accordance
with the Drawings.
I B. The price bid shall include all labor and materials necessary for the complete installation of the
item specified.
t 1.20 DITCH CHANNEL FIBER BLANKET LINING
A. Measurement for payment of the grading of existing ditches and installation of fiber blanket
lining will be on a linear foot basis as constructed.
B. Payment will be based on the unit price bid and shall include the cost of furnishing and
installing fiber blanket lining as specified in Section 02270 - Temporary Erosion Control
' Measures.
' BEL9508B 01025-5
1.21 SEEDING
A. The unit price bid for seeding shall include all costs involved in soil preparation, application of
seed mix, fertilizing, mulching and initial care.
B. Measurement for payment for seeding for restoration along sewers construction shall be on an
acreage basis. Along the sides of roadways, maximum payment width shall be 10 feet on each
side of the pipelines excepting the area of roadways and sidewalks. Along open ground
maximum payment width shall be the width of the permanent and temporary construction
easements.
C. All costs involved in seeding outside the specified pay limits, which may have been damaged
during the construction operation, shall be considered a subsidiary obligation of Contractor and
shall be borne by him.
END OF SECTION
BEL9508B 01025-6
' SECTION 01039
' COORDINATION AND MEETINGS
PART1 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. Staking.
B. Preconstruction conference.
C. Progress meetings.
' 1.3 STAKING
A. Give Engineer at least five working days prior notice of need for staking reference points
and furnish necessary stakes.
B. Reference points as specified in paragraph 4.4 of the General Conditions.
C. Confirm drawing dimensions and elevations.
D. Establish elevations, lines, and levels from reference points, utilizing recognized engineering
' survey practices.
E. During construction furnish stakes and competent Engineer's helpers for checking
elevations
lines
and levels deemed necessary by Engineer
.
,
,
1.4 PREC ONSTRUCTION CONFERENCE
' A N
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B. Attendance Required: Owner, Engineer, Contractor, Contractor's Superintendent, and
major Subcontractors.
' C. Agenda:
1. Submission of insurance certificates.
2. Distribution of Contract Documents.
3. Submission of list of Subcontractors, schedule of values, schedule of Shop Drawings
and Sample Submittals, and progress schedule.
4. Designation of personnel representing the parties in Contract, Engineer, and others
as appropriate.
5. Procedures and processing of field decisions, submittals, substitute and "or-equals",
' applications for payments, Change Orders, and Contract closeout procedures.
6. Scheduling.
7. Scheduling activities of a testing laboratory.
8. Use of premises by Owner and Contractor.
9. Owner's requirements.
BEL9508B 01039-1
'
10. Construction facilities and controls provided by Owner.
11. Temporary utilities provided by Owner.
12. Reference point staking and Contractor offset layout.
13.
Security and housekeeping procedures. ,
14. Procedures for testing.
15.
16. Procedures for maintaining record documents.
Contractor's safety representative.
,
D. Engineer will record minutes and distribute copies to participants, and those affected by
decisions made.
1.5 PROGRESS MEETINGS
A. Owner will schedule and administer meetings throughout progress of the Work at
maximum monthly intervals or as otherwise deemed necessary by Owner or Engineer.
B. Owner will make arrangements for meetings, prepare agenda with copies for participants,
preside at meetings.
C. Attendance Required: Contractor's job superintendent and office representative managing
job, major Subcontractors and Suppliers, Owner, Engineer, as appropriate to agenda topics
for each meeting.
D. Agenda:
1. Review minutes of previous meetings.
2. Review of Work progress.
3. Field observations, problems, and decisions.
4. Identification of problems which impede planned progress.
5. Review of submittals schedule and status of submittals.
6. Review of off-site fabrication and delivery schedules.
7. Maintenance of progress schedule.
8. Corrective measures to regain projected schedules.
9. Planned progress during succeeding work period.
10. Coordination of projected progress.
11. Maintenance of quality and work standards.
12. Effect of proposed changes on progress schedule and coordination.
13. Other business relating to Work.
E. Engineer will record minutes and distribute copies to participants, and those affected by
decisions made.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
BEL9508B 01039-2
SECTION 01070
ABBREVIATIONS
AASHTO American Association of State Highway & Transportation Officials
ACI American Concrete Institute
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
ANSI American National Standards Institute
APA American Plywood Association
ASTM American Society for Testing and Materials
AWS American Welding Society
AWWA American Water Works Association
AWPB American Wood Preservers Bureau.
CDF Controlled Density Fill
CISPI Cast Iron Soil Pipe Institute
CRSI Concrete Reinforcing Steel Institute
CS Commercial Standard
CSI Construction Specifications Institute
FS Federal Specifications
MSL Mean Sea Level
MSS Manufacturer's Standardization Society of the Valves and Fittings
NCDOT North Carolina Department of Transportation - Standard Specifications
NEC National Electric Code
NEMA National Electrical Manufacturers Association
NFPA National Fire Protection Association
NFPA National Forest Products Association
BEL9508B 01070 - 1
NPT National Pipe Thread
NWMA National Woodwork Manufacturers Association
SPIB Southern Pine Inspection Bureau
SSPC Steel Structures Painting Council
UL Underwriters Laboratories
WWPA Western Wood Products Association
END OF SECTION
BEL9508B 01070 - 2
I
SECTION 01300
1
n
LJ
SUBMITTALS
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. 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 specification section number, as appropriate.
C. Apply Contractor's stamp, signed or initialled 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 may be 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.
BEL9508B 01300-1
1.4 CONSTRUCTION PROGRESS SCHEDULES ,
A. Submit four copies of preliminary progress schedule at preconstruction conference.
B. Revise and resubmit as required.
C. Submit revised schedule with each Application for Payment, identifying changes since '
previous version.
D. Submit a computer generated horizontal bar chart with separate line for each portion of '
Work or operation, identifying first work day of each week.
E. Show complete sequence of construction by activity, identifying Work of separate stages
and other logically grouped activities. Indicate the early and late start, early and late finish,
float dates, and duration.
F. Indicate estimated percentage of completion for each item of Work at each submission. ,
1.5 SHOP DRAWINGS
ment
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As a minimum, Shop Drawings are required
and Material Checklist included at the end of Section 01600 (page CL-1). Shop Drawings
for additional items shall be submitted when deemed necessary by Engineer. '
B. Submit the number of copies which the Contractor requires, plus three copies which will
be retained by the Engineer.
C. Mark each copy to identify applicable products, models, options, and other data.
Supplement manufacturers' standard data to provide information specific to this Project.
D. For factory primed and factory finished materials and equipment to be field painted, '
indicate coatings manufacturer and type; for completely factory finished materials and
equipment not to be field painted, indicate coatings manufacturer and type, and include
full range of manufacturer's standard colors for finish color selection by Owner.
E. After review distribute in accordance with the Submittal Procedures article above and
provide copies for record documents described in Section 01700 - Contract Closeout. '
1.6 CERTIFICATES
A. When specified in individual specification sections, submit certification by the i
manufacturer, installation/application subcontractor, or the Contractor to Engineer, in
quantities specified for Shop Drawings. '
B. Indicate material or equipment conforms to or exceeds specified requirements. Submit
supporting reference data, affidavits, and certifications as appropriate.
b
b '
C. e
ut must
Certificates may be recent or previous test results on material or equipment
acceptable to Engineer.
BEL95088 01300-2 '
i
i
PART 2
PART 3
BEL9508B
PRODUCTS
Not Used.
EXECUTION
Not Used.
END OF SECTION
01300-3
L
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 SEC TION INCLUDES
A. Quality assurance - control of installation.
B. Tolerances
' C R
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s.
' 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.
BEL9508B 01400-1
C. Adjust materials and equipment to appropriate dimensions; position before securing in
place.
1.5
REFERENCES AND STANDARDS
A. For materials, equipment, or workmanship specified by association, trade, or other
consensus standards, comply with requirements of the standard, except when more rigid
requirements are specified or are required by applicable codes.
B. Conform to reference standard by date of issue current on date for receiving bids, except
where a specific date is established by code.
C. Obtain copies of standards where required by specification sections.
D. Neither the contractual relationships, duties, or responsibilities of the parties in Contract
nor those of the Engineer shall be altered from the Contract Documents by mention or
inference otherwise in any reference document.
Abbreviations and Names: Trade association names and titles of general standards are
frequently abbreviated. Where such acronyms or abbreviations are used in the
Specifications or other Contract Documents, they mean the recognized name of the trade
association, standards generating organization, authority having jurisdiction, or other entity
applicable to the context of the text provision. Refer to the "Encyclopedia of
Associations," published by Gale Research Co., available in most libraries.
F. NCDOT Sections referenced throughout these specifications shall refer to the sections
contained in the North Carolina Department of Transportation "Standard Specifications for
Roads and Structures", latest edition.
1.6 TESTING SERVICES
A. The contractor shall employ and pay for the services of qualified independent testing
laboratories, approved by the Owner, to conduct the tests for:
1. Soil compaction control as specified in Sections 02200 and 02225.
2. Material testing as specified in Sections 02231, 02510 and 02520.
3. Cast-in-place concrete as specified in Section 03301.
B. The contractor shall conduct the following tests under the observation of and to the
satisfaction of the Owner and Engineer:
1. Deflection tests as specified in Section 02732.
2. Sanitary sewer leakage tests as specified in Section 02733.
C. Requirements for Independent Testing Laboratories:
1. Qualifications: Submit to the Owner for prior approval:
a. Name and address of proposed testing laboratory.
b. Qualification of personnel.
C. Description of facilities and equipment.
d. Certificate of calibration of applicable testing equipment made by an
accredited calibration agency within 12 months prior to the submittal date.
2. Test Reports: Instruct the testing laboratory to submit directly one copy each to the
Owner and Engineer, of all reports of tests or inspections made showing:
a. Project identification.
b. Date of test.
C. Location of test in the project.
d. Applicable specification section and standard for compliance.
BEL9508B 01400-2
'
e. Indication of compliance, irregularities or deficiencies.
f. Observations relating to compliance.
g. Name and signature of observer.
D. The independent firm will perform tests and other services specified in individual
specification sections and as required by the Engineer.
E. Testing and source quality control may occur on or off the project site.
F. Reports will be submitted by the independent firm to the Engineer and Contractor, in
duplicate, indicating observations and results of tests and indicating compliance or non-
compliance with Contract Documents.
' G. Cooperate with independent firm; furnish samples of materials, design mix, equipment,
tools, storage, safe access, and assistance by incidental labor as requested.
1. Notify Engineer and independent firm 24 hours prior to expected time for operations
requiring services.
2. Make arrangements with independent firm and pay for additional samples and tests
required for Contractor's use.
H. Contractor shall be responsible for, and shall pay for:
1. Additional testing expenses resulting from Contractor's failure to advise Engineer
and independent firm 24 hours in advance of operations.
2. Additional testing expenses resulting from changes in Contractor's schedule after
independent firm has been notified that testing is required, canceled, or modified.
' I. Testing does not relieve Contractor to perform Work to contract requirements.
J. Re-testing required because of non-conformance to specified requirements shall be
performed by the same independent firm on instructions by the Engineer. Payment for re-
testing will be charged to the Contractor by deducting testing charges from the Contract
Price.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
' Not Used.
END OF SECTION
BEL9508B 01400-3
L?
SECTION 01500
CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
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. Mobilization.
B. Temporary utilities.
C. Barriers.
D. Environmental controls.
E. Public convenience and safety.
F. Maintenance of flow and drainage.
G. Protection of installed Work.
H. Parking.
1. Progress cleaning and waste removal.
J. Project identification.
K. Storage and removal of excavated material.
L. Removal of utilities, facilities, and controls.
M. Replacement of existing facilities.
N. Replacement of existing property monuments and pins.
0. Haul routes.
P. Access roads.
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.
BEL9508B 01500-1
1.4 TEMPORARY UTILITIES
A. Arrange for and pay for all temporary utilities required for the Work and for temporary facilities
on the Project site.
B. Water: Contractor shall furnish and maintain all connections, conduits and devices needed for
his and his Subcontractor's water service. The Contractor will be responsible for installing
and maintaining a water meter, provided by the Owner, on all temporary service. Water will
be available from the Owner at a rate of $1.50 per 1,000 gallons. Water for leakage testing
of water mains and the elevated tank will be provided by the Owner at no charge.
C. Sanitary Facilities: Contractor shall provide and enforce the use of acceptable sanitary facilities
for all construction workers and field representatives at the site. Toilets shall be of the
chemically treated type obscured from public view and properly maintained.
1.5 BARRIERS
A. Provide, erect, and maintain barricades, suitable and sufficient warning lights, and take all
necessary precautions for the protection of the public. All barricades and obstructions shall
be illuminated at night for the full period of reduced visibility and at least from sunset to
sunrise.
B. Provide barriers to prevent unauthorized entry to construction areas and to protect existing
facilities and adjacent properties from damage from construction operations.
C. Provide protection for plants designated to remain. Replace damaged plants.
D. Protect non-owned vehicular traffic, stored materials, site, and structures from damage.
Erect protective barricades around all visible survey monuments that are in or adjacent to the
construction area and as noted on the Drawings prior to actual construction. Protect from
damage or loss, any other monument or property corner stake, pin, or marker discovered or
uncovered during progress of the Work, and notify Engineer in writing as to the exact
location. Replace each survey monument, property corner, right-of-way, or other marker
damaged or destroyed by Contractor's forces using a licensed surveyor, employed by and at
the expense of Contractor. Provide Owner and Engineer certification by the surveyor as to
the replacement of the marker.
1.6 ENVIRONMENTAL CONTROLS
A. Provide and maintain methods, equipment, and temporary construction as necessary to
provide controls over environmental conditions along the route of construction and related
areas under Contractor's control as required to comply with Laws and Regulations governing
noise, dust, water, pollution, and erosion control, and the requirements of these Contract
Documents. In the event of conflict between the requirements of these Contract Documents
and Laws and Regulations, the more restrictive shall apply.
B. Temporary environmental controls, as applicable to soil erosion and sediment control, shall
comply with the rules and regulations set forth in the latest edition of the North Carolina
Administrative Code, Title 15, Chapter 4, Sedimentation Control. Prepare a schedule for the
implementation of erosion and sedimentation control measures including, but not limited to:
1 . Plan buffer zone erosion control measures in advance.
2. Install preliminary control in advance or concurrent with clearing and grubbing.
3. Prohibit pumping of ditches directly into any stream or lake. Provide settling basins.
BEL9508B 01500-2
4. Require excavated materials to be piled uphill from ditch - NOT on stream side of ditch.
5. Protect backfill material against accelerated erosion.
' 6. Tamp, seed, and mulch as rapidly as possible after backfilling.
7. Maintain buffer zone protection until area is stabilized.
C. Temporary environmental controls for which pay items are not designated, shall be at the
expense of Contractor.
D. Control dust and dirt on a daily basis in the streets, sidewalks, and drives within the limits of
the Project and haul roads leading to or away from the Project that are used by Contractor,
Subcontractors, and Suppliers. If not complied with in a satisfactory manner, all Work, except
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 PUBLIC CONVENIENCE AND SAFETY
' 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. Fire hydrants on or adjacent to the street shall be kept accessible to fire apparatus at all times,
and no material or equipment shall be placed within fifteen (15) feet of any such hydrant.
' C. Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient
warning lights and danger signals, provide watchmen, and take all precautions necessary for
the protection of the work and safety of the public.
D. Where lines are to be installed in existing streets or highways, such streets or highways shall
be kept open to public traffic at all times by Contractor unless permission to close these
' streets or highways is granted by the Owner. In the event permission is granted to close
certain streets or a portion thereof, the Contractor shall notify the City Police Department, the
City Fire Department and any other emergency protection unit as to the time and location of
such street closing.
E. Prior to construction, the Contractor shall submit for the Engineer's approval, his proposed
traffic control for each phase of construction. At a minimum, the plan shall include the
' number and placement of signs, drums, barricades and other devices to be used. The
Contractor shall designate competent individuals to maintain the control devices, and shall
provide 24 hour on-call service to maintain the devices. The Contractor shall continuously
' review and maintain all traffic handling measures to assure that adequate provisions have
been made for the safety of the public and workers.
' F. Proper and sufficient barricades, lights, signing and other protection devices shall be required
to be installed by the Contractor. All construction signs and the installation of the same shall
conform to the "Manual on Uniform Traffic Control Devices" as adopted by the American
Association of State Highway and Transportation Officials (AASHTO). Additional signing shall
' be provided by the Contractor as directed by the Owner.
1 BEL9508B 01500-3
G. The Contractor shall at his own risk and expense, shore up and otherwise protect buildings,
bridges, fences, walls, property monuments, pipes, and other structures and objects legally
existing along the line or adjacent to the work; and in the event of any injury to such public
or private property by reason of, or consequent upon any act, omission, neglect or
misconduct in the execution of the work provided for herein, the Contractor shall, at this own
cost and expenses, make all such repairs as may be necessary to restore such property to its
former condition.
H. 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 PROTECTION OF INSTALLED WORK
A. Protect installed Work and provide special protection where specified in individual specification
sections.
B. Provide temporary and removable protection for installed materials and equipment. Control
activity in immediate work area to prevent damage.
C. Prohibit traffic from landscaped areas.
1.10 PARKING
A. Arrange for temporary gravel surface parking areas to accommodate construction personnel.
B. When site space is not adequate, provide additional off-site parking.
C. Do not allow vehicle parking on existing pavement.
1.11 PROGRESS CLEANING AND WASTE REMOVAL
A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and
orderly condition.
BEL9508B 01500-4
I B. Collect and remove waste materials, debris, and rubbish from site weekly and dispose off-site.
' 1.12 PROJECT IDENTIFICATION
A. Provide 8 feet wide x 6 feet high project sign of 1 /2 inch thick exterior grade plywood,
finished one side, and fastened to four 4" x 4" posts set in the ground and solidly backed.
Paint with one prime coat and two finish coats exterior grade enamel, with exhibit lettering
by professional sign painter and self-adhesive corporate logo, to Engineer's design and colors.
B. List title of Project as designated by Engineer, and names of Owner, Engineer, Funding
Agency, Contractor, and major Subcontractors.
C. Erect on site at location indicated no later than 30 days after Notice to Proceed.
D. No other signs are allowed without Owner permission except those required by law.
E. Maintain sign until Substantial Completion, or an earlier date when approved by Engineer.
1.13 STORAGE AND REMOVAL OF EXCAVATED MATERIAL
A. Remove all excess excavated material which has been stockpiled at the work 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.
D. Do not place excavated materials next to or against trees.
1.14 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS
A. Remove temporary utilities, equipment, facilities, materials, prior to Final Application for
Payment inspection.
B. Remove underground installations to a minimum depth of 2 feet. Grade site as indicated.
C. Clean and repair damage caused by installation or use of temporary work.
D. Restore existing and permanent facilities used during construction to original condition.
Restore permanent facilities used during construction to specified condition.
I BEL9508B 01500-5
1.15 REPLACEMENT OF EXISTING FACILITIES
A. Replace existing pavements, driveways, parking areas, curbs, gutters, berm stone, sidewalks,
water lines, gas lines, sewers, catch basins, headwalls, drains, field tile, conduit pipes, cables,
fences and other existing facilities removed or otherwise disturbed in carrying out the Work
in as good a condition as found and to the approval of Owner. Such materials broken or
disturbed to such an extent as to require replacement shall be replaced with new material at
the expense of Contractor.
B. Exception to the above shall be made in the case of work and materials for which payment
will be made under Sections subsequently specified and at the appropriate unit prices included
in the contract.
C. Work and materials shall be in accordance with applicable requirements of these Contract
Documents and, where not included herein, the requirements of applicable NCDOT Sections
as approved by Engineer.
D. In any event, Contractor shall be liable for any damage to public or private property caused
by movement of equipment or by other operations and shall repair or replace, to the condition
existent prior to the Work, any public or private property damaged by his operations.
1.16 REPLACEMENT OF EXISTING PROPERTY MONUMENTS AND PINS
A. Replace existing property corner concrete monuments and iron pins removed or otherwise
disturbed in carrying out the Work in as good a condition as found.
B. Existing property corners which have potential of being disturbed by the Work shall be offset
and recorded by a NC Registered Land Surveyor.
C. Upon completion of the Work, including all restoration activities, property corners shall be
reestablished to their original location and condition.
1.17 HAUL ROUTES
E. Contractor shall obtain approval from Owner for the use of local streets and roads as haul
routes.
F. 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.
G. Haul routes will be established on the conditions that all hauling will comply with established
legal load limits and that all State and local traffic laws will be obeyed. Maximum legal truck
capacity shall be posted on or listed in trucks.
1.18 ACCESS ROADS
H. Construct and maintain temporary roads accessing public thoroughfares to serve construction
area.
Extend and relocate as Work progress requires. Provide detours necessary for unimpeded
traffic flow.
J. Provide and maintain access to fire hydrants, free of obstructions.
BEL9508B 01500-6
t
K. Provide means of removing mud from vehicle wheels before entering streets.
L. Access roads will be reviewed by representatives of Owner and Contractor prior to
construction to determine their condition and after the Project is completed in order to
determine the amount of restoration required of Contractor.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
BEL9508B 01500-7
SECTION 01600
MATERIAL AND EQUIPMENT
PART1 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. Products.
B Trans
ortation and handlin
. g.
p
1 C. Storage and protection.
D. Product options.
E. Substitutes and "or equal" items.
F. Equipment and Material Checklist.
1.3 PRODUCTS
A. 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.
B. Provide interchangeable components of the same manufacture for components being replaced.
t 1
4 TRANSPORTATION AND HANDLING
.
A. Transport and handle products in accordance with manufacturer's instructions.
B. Promptly inspect shipments to ensure that products comply with requirements, quantities are
correct, and products are undamaged.
!
C. Provide equipment and personnel to handle products by methods to prevent soiling,
disfigurement, or damage.
' 1.5 STORAGE AND PROTECTION
A. Store and protect products in accordance with manufacturers' instructions.
B. Store with seals and labels intact and legible.
C. For exterior storage of fabricated products, place on sloped supports above ground.
D. Store loose granular materials on solid flat surfaces in a well-drained area. Prevent mixing
with foreign matter.
E. Provide equipment and personnel to store products by methods to prevent soiling,
disfigurement, or damage.
BEL9508B 01600-1
F. Arrange storage of products to permit access for inspection. Periodically inspect to verify
products are undamaged and are maintained in acceptable condition.
G. Limit size and maintain stockpiles of construction materials 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 construction materials shall be controlled by Owner and
Engineer. In the event Contractor fails to satisfactorily modify his operations relative to the
stockpiling of construction 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.
H. Do not place stored materials next to or against trees.
1.6 PRODUCT OPTIONS
A. Products Specified by Reference Standards or by Description Only: Any product meeting
those standards or description.
B. Products Specified by Naming One or More Manufacturers: Products of manufacturers named ,
and meeting specifications, no options or substitutions allowed.
C. Products Specified by Naming One or More Manufacturers with a Provision for Or As
Approved: Submit a request for consideration of any manufacturer not named in accordance
with the following article.
1.7 SUBSTITUTES AND "OR-EQUAL" ITEMS '
A. Engineer will consider requests for substitute and "or equal" items only within 30 days after
date of Owner-Contractor Agreement. Requests thereafter for use of substitute and "or-
equal" items will be considered by Engineer only if the specified item becomes unavailable
through no fault of Contractor.
B. Submit written application for use of substitute and "or equal" items. Written application shall
be by completion of an APPLICATION FOR USE OF "OR EQUAL" ITEM or an APPLICATION
FOR USE OF SUBSTITUTE ITEM, as applicable and as included at the end of this Section.
1.8 EQUIPMENT AND MATERIAL CHECKLIST
A. Refer to EQUIPMENT AND MATERIAL CHECKLIST at end of this Section (page CL-1) for items
requiring shop drawings or material testing certifications, manufacturer's start-up services,
spare parts, and operation and maintenance manuals. Requirements over and above those
indicated in the General Conditions and this and other Sections of Division 1 shall be as
indicated in the individual specifications sections.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
BEL9508B 01600-2
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
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 6.7 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. Signature:
Firm:
Address:
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.
By:
Remarks:
Date :
BEL9508B
Page 1 of 1
("Or-Equal" Item)
APPLICATION FOR USE OF SUBSTITUTE ITEM
l
TO:
PROJECT:
SPECIFIED ITEM:
(Page) (Paragraph) (Description)
' A. The undersigned requests consideration of the following as a substitute item in accordance with
Article 6.7 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 substitution 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.
I
BEL9508B Page 1 of 2
1 (Substitute Item)
E. Signature:
Firm:
Address:
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.
By
Remarks
Date
BEL9508B Page 2 of 2
(Substitute Item)
w
1
EQUIPMENT AND MATERIAL CHECKLIST
ITEM
NO. SPEC.
SECTION EQUIPMENT
OR MATERIAL SHOP '
DRAWINGS
REQUIRED SHOP "
DRAWING
SUBMITTAL
DATE MFR'S
START-UP
SERVICES
REQUIRED SPARE
PARTS
REQUIRED O&M
MANUAL
REQUIRED
1 02231 Aggregate Base Course x
2 02270 Filter Fabric x
3 02315 Steel Spiders x
4 02510 Bituminous Concrete Surface x
5 02607 Precast Concrete Manholes x
6 02607 Resilient Connectors x
7 02607 Manhole Steps x
8 02607 Manhole Frames and Covers x
9 02732 PVC Pipe and Fittings x
10 02732 Ductile Iron Pipe x
11 02936 Seed and Materials x
12 03301 Portland Cement Concrete 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
6.7 of General Conditions. This column includes certified test results submittals.
Contractor may use a copy of this form for the shop drawing schedule required by Paragraph 2.6 of the General Conditions and enter dates in
this column for submittal of shop drawings to the 9'ngineer.
I BEL9508B CL-1
SECTION 01700
CONTRACT CLOSEOUT
PART 1 GENERAL
1 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 SEC TION INCLUDES
A. Closeout procedures.
' B. Final cleaning.
C. Record documents.
1.3 CLO SEOUT 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 site; sweep paved areas, rake clean landscaped surfaces.
' C. 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. Manufacturer's instructions for assembly, installation, and adjusting.
7. Testing Reports.
' B. Ensure entries are complete and accurate, enabling future reference by Owner.
I BEL9508B 01700-1
C. Store record documents separate from documents used for construction.
D. Record information concurrent with construction progress.
E. Drawings; Legibly show in re all changes made during construction as required by
RECORD DRAWINGS CONTENTS LIST included at the end of this Section (page RD-1).
At time of submittal to Engineer, include certification that the record drawings, as
submitted, show all changes made during construction as required by the Contract
Documents by completing an AFFIDAVIT FOR RECORD DRAWINGS, also included (page
RD-2).
F. Submit documents to Engineer with request for issuance of a Certificate of Substantial
Completion.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
BEL9508B 01700-2
11
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 plans made during
construction shall be noted on record drawings.
I. TITLE SHEET
A. Prime Contractor - Name and Address
B. Any Major Sub-Contractors - Name and Address
C. Resident Project Representative
D. Buried or concealed materials used on project
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 and aerial pipe sections.
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.
Ill. ALL CONSTRUCTION
' A. Denote any area where any existing utility was repaired, replaced or relocated. Show
correct location if plan was incorrect.
' B. Note and accurately locate all existing underground utilities encountered during
construction, whether shown on the drawings or not.
IV. DETAIL SHEETS
A. Any details not used or not applicable shall be so noted. Example - If 3 alternates for
pavement are on detail sheet, the two not used shall be so noted. (Box and cross out
unused details).
V. 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.
1
I BEL9508B RD-1
AFFIDAVIT
FOR RECORD DRAWINGS
(Contractor) J the Contractor on (Job Title from plan cover sheet including
reference to applicable sections) hereby certifies that the enclosed Record Drawings show all
changes made during construction, as specified on page_, paragraph _of the General Conditions
in the Contract Documents.
By
Sworn to and subscribed before me this day of
NOTARY PUBLIC
19
BEL9508B RD-2
i
t
r
i
CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT:
DATE OF ISSUANCE:
OWNER:
OWNER'S CONTRACT NO. (if applicable)
CONTRCTOR:
ENGINEER: FINK" DINER, PETTIS & STROUT, INC.
(Title per Contract Documents)
This Certificate of Substantial Completion applies to all Work under the contract documents or to
the following specified parts thereof:
To:
And To:
OWNER
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.
BEL9508B
Page 1 of 2
(Certificate of Substantial Completion)
From the date of Substantial Completion the responsibilities between Owner and Contractor for
security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall
be as follows:
RESPONSIBILITIES:
OWNER:
CONTRACTOR:
The following documents are attached to and made a part of this Certificate:
(For items to be attached see definition of Substantial Completion as supplemented and other
specifically noted conditions precedent to achieving Substantial Completion as required by contract
documents.)
This certificate does not constitute an acceptance of Work not in accordance with the contract
documents nor is it a release of Contractor's obligation to complete the Work in accordance with
the contract documents.
Executed by Engineer on , 19
FINKBEINER, PETTIS & STROUT, INC.
ENGINEER
By:
(Authorized Signature)
Contractor accepts this Certificate of Substantial Completion on
CONTRACTOR
By:
(Authorized Signature)
Owner accepts this Certificate of Substantial Completion on
OWNER
By:
(Authorized Signature)
C
19
19
BEL9508B Page 2 of 2
(Cartificate 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 above Contract and the terms and conditions set forth on the reverse side
hereof.
(Authorized Signature)
FINKBEINER, PETTIS & STROUT, INC.
Dated: , 19
BEL9508B Page 1 of 2
(Notlc• of Acceptability of Work)
(Reverse side of Notice)
CONDITIONS OF NOTICE OF ACCEPTABILITY OF WORK
The Notice on the front side of this paper is expressly made subject to the following terms and
conditions to which all persons who receive said Notice and rely thereon agree:
1 . Said Notice is given with the skill and care ordinarily used by members of the Engineering
profession practicing under similar conditions at the same time and in the same locality.
2. Said Notice reflects and is an expression of the professional judgement of Engineer.
3. Said Notice is given as to the best of Engineer's knowledge, information and belief.
4. Said Notice is based entirely on and expressly limited by the scope of services Engineer has
been employed by Owner to perform or furnish during construction of the Project (including
observation of the Work) under Engineer's Agreement with Owner and under the Contract
referenced on the reverse hereof, and applies only to facts that are within Engineer's knowledge
or could reasonably have been ascertained by Engineer as a result of carrying out the
responsibilities specifically assigned to Engineer under Engineer's Agreement with Owner and
the Contract referenced on the reverse hereof.
5. Said Notice is not a guarantee or warranty of Contractor's performance under the above-
referenced Contract referenced on the reverse hereof nor an assumption of responsibility for
any failure of Contractor to furnish and perform the Work thereunder in accordance with the
contract documents.
BEL95088 Page 2 of 2
(Notice of Acceptability of Work)
I
1
17
I SITE WORK - 2
C
f]
1
SECTION 02050
ABANDONMENT OF FACILITIES
PART 1 GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 1 Specifications sections, apply to this section.
1.2 SECTION INCLUDES
A. Any underground pipelines and structures which will no longer be required to be kept in
service as a result of the proposed work shall be abandoned.
B. This section covers the proposed abandonment of existing facilities unless otherwise shown
on the plans or approved by the Owner.
PART2 PRODUCTS
Refer to Other Sections.
PART 3 EXECUTION
3.1 ABANDONMENT OF SEWERS AT MANHOLES TO REMAIN IN SERVICE
A. Abandoned sewers at active manholes shall be completely disconnected from the manhole
by cutting the pipe outside the manhole and plugging the abandoned main and plugging the
manhole wall with watertight masonry.
B. The manhole invert shall be rebuilt to conform with the standard details.
3.2 REMOVAL OF SEWER, MANHOLES, AND AERIAL SEWER SUPPORT PIERS
A. Upon completion and testing of the Work, remove existing sewer pipe, manholes and aerial
sewer supports of sewer lines designated to be abandoned.
B. Manholes and aerial sewer supports shall be removed to 2 feet below final grade and the
excavation filled with earth backfill. Follow Section 02225.
C. Dispose of pipe, manhole and aerial sewer support materials off site in a legal manner.
END OF SECTION
BEL9508B 02050- 1
r SECTION 02110
SITE CLEARING
PART 1 GENERAL
' 1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
' Conditions and Division 1 Specifications sections, apply to this section.
1.2 SECTION INCLUDES
A. Removal of surface debris, including trash piles, approximate Station 29+00 to Station
30+25.
' B. Removal of paving.
C. Removal of trees, shrubs, and other plant life.
D. Removal and reinstallation of existing fencing.
1.3 REGULATORY REQUIREMENTS
A. Conform to applicable municipal, county and state codes for environmental requirements and
disposal of debris and trash.
B Coordinate clearing Work with utility companies
. .
' PART 2 PRODUCTS
Not Used.
' PART 3 EXECUTION
3.1 PROTECTION
' A. Locate, identify, and protect utilities that remain from damage.
B. Protect trees, plant growth, and features outside of rights-of-way and easements or as
' designated on the Drawings to remain.
C. Protect bench marks, survey control points, and existing structures from damage or
displacement.
3.2 CLEARING
A. Clear areas required for access to site and execution of Work and remove all trash, debris and
surface rock.
B. Remove trees, shrubs, grass and other vegetation, improvements, or obstructions interfering
with the installation of the Work.
BEL9508B 02110-1
C. Remove all trees and shrubs within rights-of-way and permanent easements. Remove stumps,
root system to a depth of 12 inches.
D. Remove trees and shrubs within temporary easements as required for construction of the
Work.
E. Fell trees to be removed so as not to injure trees to remain.
F. Clear undergrowth and deadwood without disturbing subsoil.
3.3 REMOVAL
A. Remove debris, rock, and extracted plant life from site.
B. Partially remove paving as required for the installation of underground pipelines. Neatly saw
cut edges to full depth at right angle to surface at limits of removal.
C. Remove existing fencing as required for the installation of the Work. Upon completion of the
work, reinstall fencing using salvaged materials and new materials as required to replace
fencing in original or better condition.
3.4 DISPOSAL OF WASTE MATERIALS
A. Burning is not permitted on Owner's property or easements.
B. Remove waste materials, including trash and debris, and dispose of it off Owner's property
in a legal manner.
END OF SECTION
BEL9508B 02110-2
SECTION 02200
' EARTHWORK
PART 1 GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 1 Specifications sections, apply to this section.
1.2 SECTION INCLUDES
A. Soil materials.
B. Removal of topsoil and subsoil.
'
C. Cutting, grading, filling, compacting and rough contouring the site for accessway as indicated
on the Drawings.
r D Final
soil for finish landscaping
rade to
. .
g
p
PART 2 PRODUCTS
2.1 SOIL MATERIALS
A. Subsoil:
1. Excavated and reused material. Local borrow material.
2. No on site alluvial deposits or material containing organic matter.
3. Graded throughout to avoid lenses, pockets, streaks, or layers of material differing
' materially in texture or gradation.
4. Free of lumps larger than 3 inches, rocks larger than 2 inches, and debris.
B. Topsoil:
1. Excavated and reused material. Local borrow material.
2. Graded.
' 3. Free of roots, rocks larger than 1 /2 inch, subsoil, debris, weeds, and foreign matter.
PART 3 EXECUTION
' 3.1 EXAMINATION
A. Verify that survey bench mark and intended elevations for the Work are as indicated.
2
3. PREPARATION
A. Identify required lines, levels, contours, and datum.
B. Stake and flag locations of known utilities.
C. Locate, identify, and protect utilities that remain, from damage.
D. Protect above and below grade utilities that remain.
BEL9508B 02200-1
E. Protect plant life, lawns, rock outcropping and other features lying outside rights-of-way and
permanent easements.
F. Protect bench marks, survey control points, existing structures, fences, sidewalks, paving,
and curbs from excavating equipment and vehicular traffic.
3.3 SOIL REMOVAL
A. Excavate subsoil and topsoil from areas to be disturbed by construction.
B. Remove lumped soil, boulders, and rock.
C. Stockpile excavated material needed for fill and backfill.
D. Use all excess excavated on site to fill for accessway and as directed by Engineer.
E. Do not excavate wet subsoil or excavate and process wet material to obtain optimum
moisture content.
F. When excavating through roots, perform work by hand and cut roots with sharp axe.
G. Benching Slopes: Horizontally bench existing slopes greater than 1:4 to key placed fill
material to slope to provide firm bearing.
H. Stability: Replace damaged or displaced subsoil to same requirements as for specified fill.
3.4 STOCKPILING
A. Stockpile materials on site. Stockpile locations are subject to Engineer approval.
B. Stockpile in sufficient quantities to meet Project schedule and requirements.
C. Separate differing materials with dividers or stockpile apart to prevent mixing.
D. Prevent intermixing of soil types or contamination.
E. Provide erosion control measures, including the diversion of surface water away from
stockpile site to prevent erosion or deterioration of materials.
3.5 STOCKPILE CLEANUP
A. Remove stockpile, leave area in a clean and neat condition. Grade site surface to prevent free
standing surface water and prepare for topsoil placement and seeding.
B. If a borrow area is indicated, leave area in a clean and neat condition. Grade site surface to
prevent free standing surface water and prepare for topsoil placement and seeding.
3.6 SUBSOIL FILLING
A. Fill areas to create accessway along the pipeline route with unfrozen materials.
B. Place fill material in continuous layers and compact. Maximum 6 inches compacted depth.
C. Maintain optimum moisture content of fill materials to attain required compaction density.
BEL9508B 02200-2
D. Compact to 95 percent of maximum dry density, except under and within 5 feet of proposed
pavements.
E. Compact to 100 percent of maximum dry density under and within 5 feet of existing and
proposed pavements and the center 15 feet of accessway.
F. Make grade changes gradual. Blend slope into level ,areas.
3.7 SUBSTRATE PREPARATION FOR TOPSOIL
t A Eliminate uneven areas and low s
ots
. p
.
B. Remove debris, roots, branches, stones, in excess of 1 /2 inch in size. Remove subsoil
contaminated with petroleum products
.
C. Scarify surface to depth of 3 inches. Scarify in areas where equipment used for hauling and
' spreading topsoil has compacted subsoil.
3.8 PLACING TOPSOIL
' A. Place topsoil to a nominal depth of 4 inches. Place topsoil during dry weather.
B. Fine grade topsoil to eliminate rough or low areas and make ready for seeding. Follow Section
02936. Maintain profiles and contour of subgrade.
C. Remove roots, weeds, rocks, and foreign material while spreading.
D Manuall
read to
soil close to
lant life
and structures to
revent dama
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' E. Compact placed topsoil to 90 percent of maximum dry density.
F. Remove any surplus subsoil and topsoil which can not be used on site.
' G. Leave stockpile area and site clean and raked, ready to receive landscaping.
3.9 PROTECTION
A. Protect landscaping and other features remaining as final work.
B. Protect existing structures, fences, utilities, and paving.
3.10 FIELD QUALITY CONTROL
' A. Section 01400 - Quality Assurance: Field inspection and testing.
B. Allow field testing representative to inspect and approve subgrades and fill layers before
' further construction work is performed.
C. Perform field density tests in accordance with ASTM D1556.
D. Field density testing frequencies shall be as follows:
1 . Structural slab subgrade: Make at least one (1) field density test of subgrade for every
1000 square feet of structural fill area, but in no case less than three (3) tests.
' BEL9508B 02200-3
E.
F
G
2. Fills and Embankments: Minimum of one field density test shall be performed for each
1000 square feet per lift of fill but in no case less than three (3) tests.
3. Structure backfill: Minimum of one (1) field density test for each 100 lineal feet per lift
of fill, but in no case less than two (2) tests per lift of fill.
If in opinion of the Engineer or his representative, based on test reports and inspection,
subgrade or fills which have been placed are below specified density, provide additional
compaction and testing at no additional expense.
Soils Engineer:
1. A soils engineer shall inspect the natural soil at the bottom of excavations for
structures. Provide Engineer with 72 hours notice (exclusive of weekends and holidays)
when the areas are expected to be ready for such inspections.
2. Do not prepare subgrade or place concrete until such inspection has taken place (or
waived by Engineer) and resulting recommendations of Engineer have been carried out.
If tests indicate Work does not meet specified requirements, remove Work, replace and retest.
END OF SECTION
BEL9508B 02200-4
J
SECTION 02225
TRENCHING
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, duct, conduit, cable and appurtenances.
B. Backfilling and compaction from top of bedding to grade.
1.3 COORDINATION
A. Verify work at lower elevations is complete before placing higher elevation work.
PART 2 PRODUCTS
2.1 FILL MATERIALS
A. Earth Backfill: Excavated earth material, finely divided and free of stones 3 inches or greater
in any dimension to at least 3 feet above pipe top.
B. Granular Backfill: Conform to NCDOT Section 1010, Type A - Aggregate Base Course
material except no slag permitted.
C. Timber Supports and Bracing: Native hardwood; supports minimum 6 inches square.
PART 3 EXECUTION
3.1 PREPARATION
A. Identify required lines, levels, contours, and datum.
B. Protect plant life, lawns, and other features remaining as part of final landscaping. Protect root
zones of trees and cultivated plants not removed.
C. Protect bench marks, existing structures, fences, and paving from excavation equipment and
vehicular traffic.
D. In lawn areas and in farm fields, as determined by Engineer, remove and stockpile topsoil for
replacement during backfilling.
E. Prior to opening trenches entering paved limits of pavements, neatly cut the pavement for its
full depth, remove, and dispose of off site in legal manner.
3.2 EXCAVATION
A. Excavate subsoil required for utilities.
BEL9508B 02225-1
B
C.
D.
Unless otherwise specified, cut trenches sufficiently wide to enable installation and allow
inspection.
Do not interfere with 45 degree bearing splay of foundations.
Hand trim excavation. Hand trim for bell and spigot pipe joints. Remove loose matter.
Use pavement protection such as matting or rubber tracks when using equipment with metal
tracks or treads to protect pavement to remain.
I
For pipe sewers, 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.
G. For pipe sewers of materials other than ductile iron, excavate trenches in earth to a depth at
least one-eighth the outside pipe diameter or 4 inches, whichever is greater, below the outside I
bottom of the pipe barrel and bell when the pipe is laid on its final grade.
H. Keep trenches water free during pipe laying and jointing. Dewater when water exists in
trenches during pipe laying.
1. Excavate trenches in rock to a depth of 6 inches, below the outside bottom of the pipe barrel
and bell when the pipe is laid on its final grade and then lay pipe on a cushioning layer of
bedding material provided by and at Contractor's expense. Rock excavation shall be in
accordance with Section 02229.
3.3 BACKFILLING
A. Do not place heavy or large quantities of backfill material over the pipe until backfilling has
progressed to a depth of at least 3 feet over the top of the pipe barrel. Carefully place backfill
material so as not to damage the joints or displace the pipe. Backfill immediately following
trenching and pipe laying 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 and compact the granular material
to not less than 95% 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 degrees to the horizontal from the surface at the edge of the pavement or
back of curb and above the horizontal plane of the pipe embedment material with compacted
granular backfill as specified above for trenches coming within same.
D. For backfilling trenches not requiring compacted granular material, replace as much of the
excavated material as possible. Until backfilling has progressed to a depth of at least 3 feet
over the top of the pipe barrel, use finely divided material, free of stones 3 inches or greater
in any dimension, boulders and other harmful debris, and place in 6 inch layers, loose
BEL9508B 02225-2
measurement, and compact by mechanical tamping. Place remainder of backfill in 12 inch
layers, loose measurement, and compact by mechanical tamping.
E. Take special care in backfilling trenches under accessway to compact the backfill material to
the degree of compaction of the adjacent undisturbed earth; however, in no case shall
compaction be to less than 90% of maximum density as determined in accordance with ASTM
D698 (Standard Proctor).
F. Along accessway, grade the backfilled material to conform to final profile.
G. In lawn areas and in fields used for farming, replace topsoil removed and stockpiled prior to
trenching and grade to conform to the original ground profile.
' H. In lawns and other areas where grass exists, as determined by Owner or Engineer, grade the
area and make ready for seeding. Follow Section 02936.
' I. In lawn areas, if the existing replaced topsoil does not provide the required minimum depth,
provide required additional topsoil.
' J. Regrade and reshape all road shoulders and all ditches or swales from existing high points to
existing drainage structures or other outlets along the proposed improvement. Ditches which
are reshaped shall have reasonable side slopes. Vertical or steep slopes will not be permitted.
Contractor, Owner and Engineer shall mutually agree and establish all ditch grades to be
restored prior to construction.
K. Remove all excess excavated material which has been stockpiled at the work site, and which
' will not be used for backfill or other fill purposes. In all cases, stockpiles of excavated
material shall be of limited size and shall be neatly maintained in such a manner that they will
not block existing drainage or be hazardous to pedestrian or vehicular traff ic 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.
Follow Section 02200 regarding stockpiles.
L. The removal and disposal of surplus excavated material shall be the responsibility of the
' Contractor. Provide the Owner with any surplus material the Owner desires. The Contractor
shall not be required to haul such material for a greater distance than would be required to
' otherwise dispose of the material.
M. Place silt barriers around long term stockpiles of soil (unless temporary seeding is used) as
well as along the down slope, or drainage course, and portions of staging sites. Also, do not
' place excavated materials and stored materials next to or against trees.
N. Backfill trenches to contours and elevations with unfrozen materials.
' 0. Maintain optimum moisture content of fill materials to attain required compaction density.
3.4 FIELD QUALITY CONTROL
A. Owner or Engineer may check compaction of the backfill at any time.
BEL9508B 02225-3
B. For compacted earth and granular backfill in trenches, Contractor shall employ a testing
laboratory to make tests on site and pay all costs for the tests.
C. Compaction Control: Field tests shall be conducted to determine compliance of compaction
methods with specified density in accordance with ASTM D1556.
D. Conduct a minimum of 3 tests for every 1,000 linear feet of trench at locations and depths
designated by Engineer. Excavate to designated depths and backfill test holes in accordance
with the trenching, backfilling and compacting specification.
If in opinion of the Engineer or his representative, based on test reports and inspection, trench
backfill which has been placed is below specified density, provide additional compaction and
testing at no additional expense.
F. If tests indicate work does not meet specified requirements, remove work, replace and retest.
5 PROTECTION OF EXISTING UTILITIES
A. Uncover and determine the elevation of existing underground utilities along the route of
construction, as shown on the drawings or marked at the time of construction by the utility
owner, at least 200 feet in advance of pipe installation.
B. Adequately support, shore up or otherwise protect underground utilities whenever exposed
in the trench. Extend supports a minimum of 12 inches into undisturbed earth each side of
trench. Band or tie utility to bridging for its full length. Where bridging cannot be supported
by a firm foundation, provide vertical support, including any lateral bracing necessary to
provide firm support.
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 in Section 01010.
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.
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 sewers, 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.
BEL9508B 02225-4
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 and where necessary to prevent caving of the trench and
' other excavation, and for protection of workmen and nearby structures.
B. For wood sheeting and bracing use sound lumber suitable for the purpose intended, and
arrange as to support the trench walls and existing structures and utilities. Cut off sheeting
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 two feet above the pipe top. Do not pull
sheeting in increments exceeding three to four 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 centerline of pipe, drive sheeting below the pipe
bottom as determined by Engineer, and leave in place sheeting below a point two feet above
the top of the pipe.
3.7 REMOVAL AND REPAIR OF TREES
A. Follow Section 02110.
B. Carefully trim and shape trees, tree limbs and bushes located such that Contractor's
equipment will not damage same during construction. Flush cut all limbs and branches.
Replace trees and bushes located outside the limits of easements which are destroyed or
damaged to the extend that their continued life is impaired.
3.8 MAINTENANCE OF TRENCHES AND EXCAVATIONS
' A. Maintain the backfilled trenches and other excavations at all times during the progress of the
Work. In particular, keep those trenches or excavations within 15 feet of the edge of
pavements or traveled roadways filled to the same level as the adjacent undisturbed ground.
' Immediately fill in any settlement which occurs during this period to prevent the possibility of
accidents.
' 3.9 PROGRESS
A. Complete backfilling operations within a reasonable distance of trenching and pipe laying
operations, and other excavations. The specific limitations of this paragraph shall be at the
discretion of Owner and Engineer, but the general intent is to require Contractor to minimize
the inconvenience to nearby residents or businesses. Owner and Engineer will be permitted
to require Contractor to cease trenching and pipe laying operations at such time as they feel
that backfilling has not progressed satisfactorily. At no time shall the exposed trench length
exceed 100 feet.
END OF SECTION
BEL9508B 02225-5
L
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SECTION 02229
ROCK REMOVAL
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
1 A. Removal of rock during excavation.
1.3 DEFINITIONS
'
A. Rock Excavation: The removal of such material which cannot be broken and removed by
ordinary excavating equipment. Disintegrated, weathered, rotten and loose rock particles
' capable of removal by ordinary methods are not included within the scope of rock excavation.
1.4 QUALITY ASSURANCE
A. Seismic Survey Firm: Company specializing in seismic surveys with five years documented
experience. Submit written confirmation to the Engineer of experience.
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.
' 1.5 REGULATORY REQUIREMENTS
A. Conform to all applicable Federal, State, and local laws for explosive disintegration of rock.
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1.6 PROJECT CONDITIONS
A. Conduct survey and document conditions of buildings near locations of rock removal, prior
to and just following blasting, including photographing conditions identifying irregularities.
This shall be done to avoid fraudulent damage claims.
B. Advise owners of adjacent buildings or structures in writing, prior to executing seismographic
survey. Explain planned blasting and seismic operations. Notify all public and private utility
' companies having facilities in the vicinity of the location and time of contemplated detonation
in sufficient time to allow them to protect their facilities. Likewise, where operations are to
be carried on in any location where traffic on streets or highways may be affected, give
proper notice to the local Police Department.
C. Obtain a seismic survey prior to rock excavation to determine maximum charges that can be
used at different locations in area of excavation without damaging adjacent properties or other
work.
1 BEL9508B 02229-1
D. Should permit limitations or the nearness of existing structures and utilities prohibit the use
of explosives, perform rock excavation by an approved alternate method.
E. The Contractor shall be responsible for all damage to existing structures, piping, sewers,
drains, cables, conduits, equipment and appurtenances resulting from his rock excavation
operations, and shall repair same to the satisfaction of the Owner and the Engineer at the
Contractors expense.
1.7 SCHEDULING
A. Schedule work to avoid disruption to occupied buildings nearby.
PART 2 PRODUCTS
2.1 MATERIALS
A. Explosives: Type recommended by explosive firm following seismic survey and required by
authorities having jurisdiction.
PART 3 EXECUTION
3.1 EXAMINATION
A. Verify site conditions and note subsurface irregularities affecting work of this section.
3.2 PREPARATION
A. Identify required lines, levels, contours, and datum.
3.3 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.
C. Cut away rock at bottom of excavation to form level bearing.
D. Remove shaled layers to provide sound and unshattered base for trench bottom.
E. Excavate to sufficient depth to provide for cushioning layer of bedding material as specified
for type of utility installed in Section 02225. Width of trench shall be not more than specified
for the respective type of pipe.
F. Extend excavation for structures to a plane 4 inches below the underside of the concrete
foundations and confined to limits two feet beyond the outside of such foundations.
G. Except under special permission from the Engineer, remove excavated material from site.
H. Necessary bedding and backfill for trenches and other excavations in rock excavation, where
payment is not provided for under other items, shall be provided by the Contractor and shall
be approved by the Owner and the Engineer.
BEL9508B 02229-2
3.4 ROCK REMOVAL BY EXPLOSIVE METHODS
A. If rock is uncovered requiring the explosives method for rock disintegration, notify the
Engineer and execute as follows
.
B. Provide seismographic monitoring during progress of blasting operations.
C. Prior to removing rock in any area, 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
shall be determined at a conference between representatives of the Owner, the Engineer, the
Contractor, the 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. Remove rock at excavation bottom to form level bearing.
G. Remove shaled layers to provide a sound and unshattered trench base.
H. Excavate to sufficient depth to provide for cushioning layer of bedding material as specified
for type of utility installed in Section 02225. Width of trench shall be not more than specified
for the respective type of pipe.
1. Extend excavation for structures to a plane 4 inches below the underside of the concrete
' foundations and confined to limits two feet beyond the outside of such foundations.
J. Remove excavated material from site.
K. Necessary bedding and backfill for trenches and other excavations in rock excavation, where
payment is not provided for under other items, shall be provided by the Contractor and shall
be approved by the Owner and the Engineer.
L. For purpose of protecting the general public, the Contractor and the Owner, the utmost
cooperation will be required between the Contractor and all other interested parties. All safety
precautions shall be strictly enforced.
END OF SECTION
BEL9508B 02229-3
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SECTION 02231
' AGGREGATE BASE COURSE
' 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. Materials, methods, and general requirements for the construction of aggregate base courses
and stone driveways as replacement for pavements removed during the construction of the
Work.
1.3 SUBMITTALS
0
A. At least two weeks prior to beginning the placement of any aggregates, the Contractor shall
submit suitable samples of all proposed aggregates, whether proposed as a base or sub-base
material, to a materials testing laboratory approved by the Engineer, for tests to determine the
compliance with the requirements of the Contract Documents.
B. The results of all tests shall be submitted to the Engineer for approval prior to the placement
of any aggregate material.
C. The costs of all tests shall be borne by the Contractor.
D. If tests have been previously preformed on the proposed aggregates, results of those tests
may be submitted in lieu of the submittal required above.
E. The Engineer will determine the adequacy of the previously performed tests in meeting the
requirements of this Section.
PART 2 PRODUCTS
2.1 AGGREGATES
A. Crushed stone and/or crushed or uncrushed gravel.
B. Conform to NCDOT Section 1010 - Type A Aggregate Base Course material.
PART 3 EXECUTION
3.1 STANDARD SPECIFICATION
A. All workmanship and materials shall be in accordance with the requirements of the Contract
Documents and in conformity with the lines, grades, depths, quantity requirements, and the
typical cross sections shown on the plans, or as directed by the Engineer.
B. The construction of aggregate base courses shall be completed in accordance with the
NCDOT Section 520.
BEL9508B 02231 - 1
3.2 PLACING
A. Aggregate base courses and driveways shall be placed at a thickness equal to the minimum
thickness specified on the Drawings.
B. If the required compacted depth of the aggregate base course exceeds 6 inches, it shall be
constructed in two or more layers of approximately equal thickness.
C. The maximum compacted thickness of any one layer shall not exceed 6 inches.
3.3 SHAPING AND COMPACTION
A. Compaction of each layer shall continue until a density of not less than 100% of the
maximum density determined in accordance with the AASHTO T 180 has been achieved.
B. The surface of each layer shall be maintained during the compaction operations in such a
manner that a uniform texture is produced and the aggregates firmly keyed.
C. Water shall be uniformly applied during compaction in the amount necessary for proper
consolidation.
D. The prepared surface upon which the surface course is to be placed will be tested with a 10-
foot straight edge, or other approved device. The surface shall be tested prior to the
application of any primer or pavement. The verification above or below the testing edge of
the straightedge between any two contacts with the surface shall not exceed 1 /4 inch. Any
areas not complying with these tolerances shall be reworked to obtain conformity.
END OF SECTION
BEL9508B 02231-2
PART 1 GENERAL
SECTION 02270
TEMPORARY EROSION CONTROL MEASURES
1.1 RELATED DOCUMENTS
1
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 1 Specifications sections, apply to this section.
1.2 SECTION INCLUDES
A. Installation of temporary erosion control measures including silt filter fence, sediment basins,
gravel construction entrances, stone ditch checks and channel lining.
B. Addresses 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 plans are the express responsibility of the Contractor.
1.3 SUBMITTALS
A. Submit manufacturer's certifications for filter fabric to verify that materials meet specification
requirements.
1.4 INSPECTIONS
A. Initial Inspection: The Contractor will 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: The Contractor will give the 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. The Engineer will notify the Contractor of any deficiencies which
exist. The Contractor shall correct such deficiencies before other construction activities
begin.
C. Final Inspection: The Contractor will give the 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 regraded as described in this section prior to final acceptance.
The Engineer will notify the Contractor of any deficiencies which exist. Final acceptance will
not be given until all deficiencies are corrected.
PART 2 PRODUCTS
2.1 QUALITY
A. All materials used shall be new and without flaws or defects of any type, and shall be the best
of their class and kind.
I BEL9508B 02270-1
2.2 HANDLING AND STORAGE
A. Protect all materials used for erosion control from damage, deterioration or loss of any kind
while in transit, storage and during installation.
2.3 FILTER FENCE FABRIC
A. Woven polyester filter fabric for use with heavy rock overlay in rip rap pads or as temporary
silt fencing.
B. Conform to the requirements of NCDOT Section 1056 as follows:
1. Under rip rap - Type 2 Engineering Fabric.
2. Silt fencing - Type 3 Engineering Fabric, Class A or B.
2.4 FENCE POSTS
A. Wood posts: 3 to 4 inch diameter, 6 to 7 feet in length.
B. Steel posts: 5 feet in length, self-fastener angle steel type.
2.5 FIBER BLANKET LINING
A. Straw fiber matrix sewn between two photodegradable nets.
B. Wire staples: No. 11 gage steel wire formed into a "U" shape, 6 inches long with 1 inch wide
throat.
C. Accepted Manufacturer:
1. North American Green - S150.
2. Or as approved.
2.6 STONE DITCH CHECK MATERIAL
A. Crushed stone and/or crushed or uncrushed gravel.
B. Conform to NCDOT Section 1000 - Size #67 Coarse Aggregate material as specified in Table
1005-1.
2.7 GRAVEL CONSTRUCTION ENTRANCE MATERIAL
A. Crushed stone and/or crushed or uncrushed gravel.
B. Conform to NCDOT Section 1000 - Size #4 Coarse Aggregate material as specified in Table
1005-1.
2.8 SEDIMENT BASIN CHECK DAM MATERIAL
A. Crushed stone: Conform to NCDOT Section 1000 - Size #5 Coarse Aggregate material as
specified in Table 1005-1.
B. Class 1 Rip Rap: Conform to Section 02275.
BEL9508B 02270-2
I PART 3 EXECUTION
' 3.1 TEMPORARY SILT FENCE
A. Definition: A temporary fabric fence used along the bottom of slopes to intercept sediment
transported from a disturbed area.
B. Install filter fence prior to start of construction activities.
C. 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.
D. Install fence at a location approximately 10 feet down slope of the proposed limits of
disturbance.
E. Dig a small trench (minimum 6" depth, 6" width) along the upstream side of prescribed fence
line location.
F. Unroll the filter fence, position the posts along the downhill side of the trench, and hammer
posts at least 18 inches into the ground.
G. Lay the bottom 6 inches of fabric material into the trench and backfill. Thoroughly compact
trench backfill such that fabric is securely embedded in trench.
3.2 DITCH CHANNEL FIBER BLANKET LINING
A Place immediatel
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B. Preserve the required line, grade, and cross section of area covered.
C. Matting shall be unrolled in the direction of the flow of water, and shall be applied without
stretching.
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D. The up-channel end of each piece of lining material shall be buried in a narrow trench at least
5 inches deep and tamped firmly.
E. The down-channel end shall overlap the previous piece by 6 inches.
F. Place a line of staples at 6 inch spacings at 50 foot longitudinal intervals along the ditch.
G. Place staples at 3 foot spacings along the tops and centerline of ditch.
3.3 SEDIMENT BASINS, GRAVEL CONSTRUCTION ENTRANCES, AND STONE DITCH CHECKS
A. Conform to construction details on Drawings.
B. Seed sediment basin side slope embankments immediately upon construction in conformance
with Section 02936.
' 3.4 TEMPORARY DIVERSION DITCH
A. Definition: A temporary excavated drainage way used to prevent runoff from leaving
disturbed soil areas and diverting it to a stabilized diversion outfall.
BEL95088 02270-3
B. Install swale continuously along with trench backfill options.
C. Install along continuous curvalinear alignments as shown on Drawings, and in all other
locations where necessary to divert runoff around critical slopes or construction areas.
D. Alignment of swale shall maintain slope gradient across section as specified on Drawings.
E. Strip topsoil in areas to excavated. Keep topsoil separate from other materials so that it may
be replaced when the swale is removed later on.
F. Excavated trench material shall be placed on the upslope side of the trench.
G. Thoroughly and continuously compact berm fill material during construction of the berm.
H. All areas disturbed by berm construction shall be revegetated.
3.5 CONSTRUCTION SCHEDULE
A. Obtain plan approval and other applicable permits.
B. Hold preconstruction conference with Owner and Engineer.
C. Install sediment basins and stabilize with seed, lime, fertilizer, and mulch as first construction
activity.
D. Construct temporary diversion ditches and install temporary silt fencing.
E. Contact Owner for inspection and approval of the placement of erosion control measures.
F. Complete clearing and grubbing operations.
G. Install pipelines and construct site improvements.
H. Complete final grading and revegetate all disturbed ares.
1. All sedimentation and erosion control devices or measures shall be inspected by or under the
direction of the Owner weekly, and within 24 hours after significant rain storms.
J. Immediately repair erosion control measures as necessary.
K. No erosion control measure shall be removed unless prior approval is obtained by the Owner.
L. After the work site is stabilized, remove all temporary measures and install permanent
vegetation on the disturbed areas.
M. Estimated time before final stabilization is 9 months.
3.4 MAINTENANCE AND REPAIR
A. All erosion control measures as described in this section shall be repaired and maintained in
fully operable condition throughout the duration of the construction project, until they are to
be removed.
BEL9508B 02270-4
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All erosion and sediment control practices shall be check for stability and operation following
every runoff producing rainfall, but in no case less than once every week. Any needed repairs
shall be made immediately to maintain all measures as designed.
Sediment basins shall be cleaned out when the level of sediment reaches the level indicated
on the detail. Gravel shall be cleaned or replaced when sediment basin no longer drains
properly.
REMOVAL OF TEMPORARY EROSION CONTROL MEASURES
Verify with the Engineer when the most appropriate time for removal of specific structures
occurs.
Sediment collected behind control structures shall be excavated and transported to an
approved location for disposal. Replace topsoil which was stripped and stockpiled when
erosion control measures were installed. All affected areas shall be regraded to existing
contours. Revegetation of these areas is described in Section 02936 - Seeding.
BEL9508B
END OF SECTION
02270-5
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I SECTION 02275
RIP RAP
PART 1 GENERAL
1 1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 1 Specifications sections, apply to this section.
1.2 SECTION INCLUDES
A. Rip rap for use in sediment basins.
PART 2 PRODUCTS
2
1 RIP RAP MATERIALS
.
A. Quality
1. Sound, durable, hard, resistant to abrasion and free from laminations, weak cleavage
planes, and undesirable effects of weathering.
2. Rounded stone and broken concrete not acceptable.
3. Do not use flat or elongated shapes with thickness less than 1 /3 the length.
4. No broken concrete will be allowed.
B. Class 1 Rip Rap stone shall vary in weight from 5 to 200 pounds with at least 30% weighing
a minimum of 60 pounds each and no more than 10% weighing less than 15 pounds each.
' C. Class 2 Rip Rap stone shall vary in weight from 25 to 250 pounds with at least 60% weighing
a minimum of 100 pounds each and no more than 5% weighing less than 50 pounds each.
2.2 FILTER FABRIC
A. Conform to Section 02270.
PART 3 EXECUTION
3.1 PREPARATION
A. Shape and compact slopes and channel bed prior to placement of rip rap.
B. Installation of filter fabric blanket.
1 1. Filter fabric shall be used as a filter blanket beneath rip rap placements when shown on
the plans and as described in the manufacturer's specifications.
2. Minimum edge overlap and anchoring flaps shall be as specified by the manufacturer.
3. Fabric shall be secured to ground with staples as specified by the manufacturer.
' 4. Final installation of fabric material shall be inspected by Engineer prior to placement of
bedding material.
3.2 RIP RAP PLACEMENT
A. Place in a manner to provide a solid mass of rock within the limits shown on the drawings.
Fill spaces between larger stones with smaller stone of suitable size, so placed as to conform
BEL9508B 02275- 1
to the slope required.
B. Material may be machine-placed with sufficient hand work to accomplish requirements of this
Section. However, bulldozing of stone from the upper banks will not be permitted.
C. Material shall be placed in a manner such that filter blanket is not torn or ripped loose from
staples. Minimal disturbance of bedding material layer shall be allowed.
D. Top of rip rap at all edges shall be flush with ground surface.
E. Do not handle or place rip rap in such a manner as to fracture the stones.
3.3 THICKNESS TOLERANCE
A. Plus or minus 10% of thickness specified on the plans.
END OF SECTION
BEL9508B 02275 - 2
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SECTION 02315
PIPE BORING AND JACKING
PART1 GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 1 Specifications sections, apply to this section.
1.2 SECTION INCLUDES
A. This section covers the furnishing and installation of casing pipe by boring or jacking.
1.2. QUALITY ASSURANCES
A. Design Criteria
1. Specified thicknesses for pipe and casings are based upon the superimposed loads and
not upon the loads which may be placed on the pipe as a result of jacking operations.
2. Provide increased pipe strength necessary to withstand jacking loads.
B. Requirements of Regulatory Agencies
1 . Owner will obtain the necessary permits from the appropriate entities.
2. Contractor shall obtain bonds or indemnity required by the permits for protection
against damage and interference with traffic and service by construction activities.
1.3 SUBMITTALS
A. Certification: Submit manufacturer's certification that materials meet referenced standards.
B. Shop Drawings: Submit shop drawings for steel spiders in accordance with Section 01300.
1.4 ALTERNATIVES
A. Request for substitution of "reject" or used pipe in lieu of new pipe may be made after award
of the Contract. Used pipe shall be clean, free from heavy corrosion, patches, cuts and holes
and shall be straight and true in center-line alignment and circular in cross-section. Pipe shall
in all other respects meet the requirements specified for new pipe.
PART 2 PRODUCTS
2.1 CASING PIPE
A. Smooth Steel Pipe - 36 inch diameter
1. Minimum Yield Point: 35,000 psi.
2. Minimum Wall Thickness:
a. Under highways - 0.312 inches
b. Under railroad - 0.531 inches
3. Ends: Beveled for field welding
4. Coating: None.
BEL9508B 02315-1
2.2 CARRIER PIPE
A. Ductile iron pipe.
B. Follow Section 02732.
2.3 ACCESSORIES
A. Wood Skids: Redwood or wood pressure treated with creosote, pentachlorophenol, or salt-
type preservative in accordance with AWPA C2.
B. Steel Spiders: Welded fabrication from steel bars and shapes.
1. Steel, ASTM A36, except as otherwise indicated.
2. Hot dipped galvanized after fabrication.
PART 3 EXECUTION
3.1 CASING INSTALLATION
A. General
1. Install the casing by boring or jacking through the earth.
2. Open trench excavation shall not be permitted where boring or jacking is specified.
3. Remove earth displaced by the casing through the interior by hand, by auger, or other
acceptable means.
4. Where indicated on the Drawings, install the casing by open-cut methods in accordance
with Section 02225.
B. Smooth Steel Pipe
1. Provide adequate equipment to insure a smooth, continuous, and uniform casing with
no exterior voids.
2. Weld each section of pipe with a full penetration butt weld around the entire
circumference of the joint to form a continuous conduit capable of resisting all stresses,
including jacking stresses.
3.2 CARRIER PIPE INSTALLATION
A. Install pipe in accordance with the applicable pipe specifications sections.
B. Individually attach each skid to the pipe with steel bands and insert the carrier pipe.
C. Fill the annular space between the casing and the carrier pipe with a sand/cement mixture
with a maximum ratio of 10:1 by blowing from both ends and at such intermediate points as
required.
D. Seal the ends of the casing with six inch thick concrete plugs.
END OF SECTION
BEL9508B 02315-2
SECTION 02510
1 BITUMINOUS CONCRETE PAVING
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. Materials, methods, and general requirements for the construction, overlaying, and other
miscellaneous work requiring the use of asphalts for replacement of pavements and driveways
during the construction of the Work.
1.3 SUBMITTALS
A. Contractor shall submit to Engineer for approval the proposed job-mix formula for each
grading required by the Contract Documents.
B. Contractor shall include the test results of all tests referenced in the NCDOT Sections 640 and
645 of as well as any other test results which have been performed on the proposed job-mix
design.
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C. The Engineer will determine the adequacy of the previously preformed tests in meeting the
requirements of this Section.
PART 2 PRODUCTS
2.1 TACK COAT/PRIME COAT
1
A. Tack coat between bituminous concrete binder and surface courses: Asphalt cement Grade
AC-20, RS-1 H, or as specified in NCDOT Section 605.
B. Prime coat: Asphalt grade MC-30 or RC-30 as specified in NCDOT Section 600.
2.2 BITUMINOUS CONCRETE SURFACE COURSE
A. All materials to be used in this mixture and the mixture composition shall conform in all
respects to the provisions as set forth in NCDOT Section 645 for Bituminous Concrete Surface
Course Types 1-1 and 1-2.
PART 3 EXECUTION
3.1 STANDARD SPECIFICATION
A. All workmanship and materials shall be in accordance with the requirements of the Contract
' Documents and in conformity with the lines, grades, depths, quantity requirements, and the
typical cross sections shown on the plans, or as directed by the Engineer.
B. Remove existing pavements and drives. Follow Section 02110.
BEL9508B 02510- 1
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Bituminous pavements and driveways shall be replaced at a thickness equal to the minimum
thickness specified on the Drawings.
The construction of bituminous concrete pavements shall be completed in accordance with
Division 6 of NCDOT.
Where permitted by Engineer, Bituminous Concrete surface and binder courses may be placed
as a single course of surface material.
END OF SECTION
BEL9508B 02510 - 2
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SECTION 02520
PORTLAND CEMENT CONCRETE PAVING
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. Materials, methods, and general requirements for the construction of concrete pavements,
driveways, sidewalks, and curbing, and other miscellaneous work required for the complete
installation, and in conformity with the lines, grades, depths, quantity, and the cross section
of existing or as shown on the Drawings, or as directed by the Owner.
1.3 SUBMITTALS
A. Contractor shall submit to Owner for approval the proposed job-mix formula for concrete
required by the Contract Documents.
B. Contractor shall include the test results of all tests referenced in Section 03301, as well as
any previous test results which have been performed on the proposed job-mix design.
PART 2 PRODUCTS
2.1 CONCRETE
A. Class I Concrete: Follow Section 03301.
2.2 REINFORCEMENT STEEL
A. Follow Section 03301.
B. Use reinforcement steel matching size and quantity found in removed concrete.
2.3 EXPANSION JOINT MATERIALS
A. NCDOT Section 848.
PART 3 EXECUTION
3.1 GENERAL
A. All construction required for the installation of pavements, sidewalks, driveways, and curbs
shall conform to the applicable provisions of the NCDOT Sections and the details contained
herewith.
3.2 REMOVAL OF CONCRETE SIDEWALKS AND CURBING
A. Follow Section 02110.
BEL9508B 02520-1
B. Existing sidewalks and curbing to be removed, shall be sawcut at the limits of removal to
provide a clean edge.
C. Contractor shall dispose of all excess removed materials off site and at his expense.
3.3 PAVEMENT, DRIVEWAYS AND SIDEWALKS
A. NCDOT Section 848, except as hereinafter modified.
B. Replace pavements, sidewalks and driveways to a thickness equal to the minimum thickness
specified on the Drawings.
C. Concrete Tolerances:
1. Linear and vertical lines (when forms are stripped): Slab edges shall be within +/- 3/8
inch of established lines.
2. Plumb (when forms are stripped): Lines and surfaces shall be within + /- '/4 inch in 10
feet.
3. Elevations: Top of slab shall be within + /- A inch of established elevations when forms
are stripped.
3.4 CONCRETE CURB AND GUTTER
A. NCDOT Section 846.
B. Any pavement removed in order to construct the curb and gutter shall be replaced in like kind.
END OF SECTION
BEL9508B 02520-2
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SECTION 02607
MANHOLES
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. Flow Control Manhole.
1.3 QUALITY ASSURANCE
A. Dimensions shall not deviate from elevations shown on the plans by more than (t) 0.10 ft.
1.4 SUBMITTALS
A. Certification: Submit manufacturer's certification that products meet the referenced standards
including structural load capacity.
B. Shop Drawings:
1. Submit shop detail drawings showing individual assemblies and fabricated pieces.
2. Submit catalog cut sheets or shop drawings for frame and cover, steps and gaskets.
C. Submit for approval, structural design calculations performed by a registered engineer
experienced in precast concrete design, for products not detailed on the drawings.
1.5 PRODUCT DELIVERY, STORAGE AND HANDLING
A. Do not deliver precast concrete sections to job until concrete has attained at least 80 percent
of specified design strength.
PART 2 PRODUCTS
2.1 MATERIALS
A. Precast Concrete Sections: ASTM C478 except as modified in these specifications and the
details on the Drawings.
B. Cast-In-Place Concrete Sections: Follow Section 03301.
C. Resilient Connectors: ASTM C93; A-Lok by A-Lok Corporation, Kor-N-Seal by National
Pollution Control Systems, Inc., or as approved.
D. Rubber 0-Ring Gaskets: ASTM C443, or as approved.
E. Preformed Plastic Gasket Material: Federal Specification SS-S-210A.
BEL95088 02607-1
F. Manhole Steps: ASTM C478, reinforced polypropylene.
G. Castings: ASTM A48, Class 30B heavy duty gray iron.
H. Grout: Non-shrink, factory premixed; Master Builders Masterflow 713, Sonneborn Ferrolith
G-S.S. Redi Mixed, or as approved.
Shear Gate:
1 . Full opening, circular port,iron body bronze mounted design and furnished with flanged
end.
2. Body, gate and wedges: Cast iron ASTM A126, Class B.
3. Furnish with 2 replaceable wedges bolted to body.
4. Gate: Pivot on bronze hinge pin.
5. Furnish with lifting handle, 3 feet overall length.
6. Clow Valve Company, F-3002 or as approved.
J. Precast Concrete Marker Post: Follow Section 03301 and details on Drawings.
2.2 COMPONENTS
A. Bases: Base riser section with integral floor and invert fillets for sanitary manholes. Provide
resilient connectors for connecting pipes to manholes. Provide separate base slab and base
riser section with horseshoe openings for manholes installed over existing sewer pipes.
B. Walls: Vertical precast concrete riser sections, 72 inch I.D. and 48 inch I.D.or as indicated
on Drawings, minimum wall thickness of 1/12 the base I.D. plus 1 inch; tongue and groove
joints. Provide preformed plastic gasket material on the outside shoulder of the joints.
Installation of preformed gasket material shall not interfere with proper sealing of the rubber
O-ring gasket.
C. Tops: Eccentric cone top section narrowing down to I.D. of not less than 24 inches and O.D.
not less than that of grade rings; reinforced flat slab top for manholes too shallow to
accommodate a cone sectionand for flow control manhole; design flat slab tops to withstand
H-20 traffic loading and submit design calculations to Engineer upon request.
D. Precast Concrete Grade Rings: Provide a minimum height of 4 inches and not exceeding 15
inches in height to set castings at proper elevation; ring I.D. equal to the top section access
opening, and O.D. not less than the O.D. of the casting frame.
E. Reinforced Polypropylene Steps: Copolymer polypropylene plastic encapsulated 1 /2 inch steel
reinforcing rod, notched tread ridge and retainer lugs on each side of tread ridge, steel rod
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. Sanitary Manhole Frames and Covers: Minimum total weight of 310 pounds, machined
bearing surfaces, frame with 24 inch diameter clear opening, cover with strengthening ribs
on underside and words "SANITARY SEWER" cast into top; Dewey Bros., Inc. No. MH RCR-
2001 (Standard Ring and Cover) with perforated lid, Dewey Bros., Inc. No. MH RCR-2001 W
(Bolt-Down Cover) with solid lid, or as approved.
G. Drop Pipe Assembly: Follow Section 02732.
concrete. Follow Section 03301.
BEL9508B 02607-2
Same material as entering sewer. Encase in
F
I PART 3 EXECUTION
3.1 PREPARATION
A. Excavate trench in accordance with Section 02225.
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. Set each vertical riser plumb. Use sections of various heights to bring ring and cover to
grade. Join sections using pre-formed flexible gaskets. The last barrel section prior to
placement of the flat top slab shall be the manufacturer's shortest, but in no case greater than
24 inches in height. All joint surfaces shall be clean, dry and warm during installation. When
flexible gaskets are used, prime entire joint on both barrel sections prior to placement of
gasket material.
D. Fill all lifting holes and other imperfections with grout. Grout joints between precast sections
inside and out.
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. Set casting frames firmly on top of grade rings with a full leveling bed of 1:1 cement mortar;
in paved areas, make casting top flush with pavement surface; in unpaved streets and alley
' areas, set the cover not to exceed 1 inch above the ground surface. On right-of-way and in
ditches cover elevation shall be as approved by Engineer.
G. For manholes constructed over existing sewers, provide a Class II concrete invert having a
depth through the manhole equal to one half the sewer pipe diameter and sloping upward
toward manhole walls approximately 3 inches; trowel concrete smooth.
r H. Backfill trench in accordance with Section 02225.
I END OF SECTION
I BEL9508B 02607-3
SECTION 02609
PIPE CULVERTS
PART 1 GENERAL
1
1 RELATED DOC
MENTS
. U
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
B. Corrugated steel pipe culvert, joints and accessories.
C. Bedding and slope protection at pipe end.
PART 2 PRODUCTS
2.1 STEEL CULVERT PIPE
A. Corrugated Steel Pipe: ASTM A444/A444M, galvanized:
1. Helical lock seam.
2. Shape: Circular with a nominal diameter of 12 inches .
B. Coupling Bands: Galvanized steel, 0.052 inches thick x 10 inches wide; connected with two
neoprene "0" ring gaskets and two galvanized steel bolts.
2.2 BEDDING AND COVER MATERIALS
A. Bedding: Granular Backfill, as specified in Section 02225.
B. Cover: Granular Backfill, as specified in Section 02225.
2.3 ACCESSORIES
A. Filter Fabric: Type 2 Engineering Fabric as specified in NCDOT Section 1056, for under rip
rap.
B. Outlet Rip Rap Pad: Class 1 rip rap as specified in Section 02275.
PART 3 EXECUTION
3.1 EXAMINATION
A. Verify that trench cut is ready to receive work and excavations, dimensions, and elevations
are as indicated on Drawings.
3.2 PREPARATION
A. Remove large stones or other hard matter which could damage piping or impede consistent
backfilling or compaction.
' BEL9508B 02609- 1
3.3 BEDDING
A. Excavate culvert trench to 6 inches below pipe invert, in accordance with Section 02225 for
work of this section. Hand trim excavation for accurate placement of pipe to elevations
indicated.
B. Place bedding material at trench bottom, level fill materials in one continuous layer not
exceeding 6 inches compacted depth, compact to 95 percent.
C. Backfill around sides and to top of pipe with fill, tamped in place and compacted to 95
percent.
D. Maintain optimum moisture content of bedding material to attain required compaction density.
3.4 INSTALLATION - PIPE
A. Install pipe and accessories in accordance with manufacturer's instructions
B. Lift or roll pipe into position. Do not drop or drag pipe over prepared bedding.
C. Shore pipe to required position; retain in place until after compaction of adjacent fills. Ensure
pipe remains in correct position and to required slope.
D. Repair surface damage to pipe protective coating with two coats of compatible bituminous
paint coating.
E. Install aggregate at sides and over top of pipe. Provide top cover to minimum compacted
thickness of 12 inches.
F. Refer to Section 02225 for backfill requirements. Do not displace or damage pipe when
compacting.
3.5 ERECTION TOLERANCES
A. Lay pipe to alignment and slope gradients noted on Drawings; with maximum variation from
true slope of 1 /8 in 10 feet.
B. Maximum Variation From Intended Elevation of Culvert Invert: 1 /2 inch.
C. Maximum Offset of Pipe From True Alignment: 1 inch.
3.6 FIELD QUALITY CONTROL
A. Section 01400 - Quality Assurance: Field inspection and testing.
B. Request inspection prior to and immediately after placing aggregate cover over pipe.
C. Compaction testing will be performed in accordance with Section 02225.
D. If tests indicate Work does not meet specified requirements, remove Work, replace and retest.
E. Frequency of Tests: One per 100 linear feet of trench.
BEL9508B 02609 - 2
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A,
B.
PROTECTION
Protect finished Work under provisions of Section 01500.
Protect pipe and bedding from damage or displacement until backfilling operation is in
progress.
BEL9508B
END OF SECTION
02609 - 3
I SECTION 02732
' PIPE SEWERS
PART 1 GENERAL
MENTS
1 .1 RELATED DOCU
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.
B. Pipe sewers shall be PVC plastic pipe and fittings except where noted on the Drawings as
ductile iron pipe.
1.3 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, up to a horizontal plane a distance of 12 inches above the top
of the pipe barrel.
2. No bedding required for ductile iron pipe.
1
4 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.
1.5 QUALITY ASSURANCE
I A. All pipes, fittings and appurtenances shall be appropriately marked for purposes of
identification. The materials and methods of manufacturer, and the completed pipes, fittings
and appurtenances shall be subject to inspection and rejection at all times. Owner and
Engineer have the right to make inspections.
PART 2 PRODUCTS
2
1 PIPE AND FITTINGS
.
A. PVC Plastic Pipe and Fittings:
1. Conform to ASTM D3034 (SDR 35), ASTM F679 or ASTM F949 as applicable for the
sizes involved.
2. Minimum pipe stiffness of 50 psi at 5 percent deflection when tested in accordance
' with ASTM D2412.
3. Elastomeric gasket joint (integral bell), push-on type with bell designed to retain the
gasket to prevent pull-out during making of the joint.
4. Joint leakage testing per ASTM D3212.
' BEL9508B 02732-1
5. Cell classification of 12454-B or C per ASTM D1784.
B. Ductile Iron Pipe and Fittings
1 . Push-on Joint and Restrained Joint Pipe.
a) Standard: ANSI 21.51 (AWWA C151).
b) Thickness Class: 52, unless otherwise indicated on the Drawings.
2. Push-on and Restrained Joint Fittings.
a) Standard: ANSI A21 .10 (AWWA C110)
b) Dimensions: Shorter laying lengths will be acceptable except where longer
lengths are indicated on the Drawings.
c) Material: Ductile Iron, or Gray Iron.
d) Pressure Rating: 250 psi, 12 in. & smaller; 150 psi, over 12 in.
3. Push-on Joints.
a) Standard: ANSI A21.11 (AWWA C1 11).
b) Gaskets: Synthetic Rubber.
c) Lubricant: Furnished by pipe manufacturer.
4. Restrained Joints.
a) Standard: ANSI A21.11 (AWWA C1 11).
b) Gaskets: Synthetic Rubber.
c) Lubricant: Furnished by pipe manufacturer.
d) Rigid Restrained Type - Acceptable Manufacturers:
1 . Griffin Rigid-Lok.
2. Or as approved.
e) Mechanical Joint Retainer Gland Type - Not acceptable.
5. Pipe Lining.
a) Cement Mortar: ANSI A21.4 (AWWA C104).
6. Pipe Coatings.
a) Underground or Submerged Locations.
1. Type: Bituminous.
2. Thickness: Approximately 1. mil.
2.2 BEDDING MATERIAL
A. NCDOT Section 1005: Size # 67 Coarse Aggregate material as specified in Table 1005-1,
except no slag is permitted.
2.3 GROUT
A. Manufacturers:
1 . Five Star Grout by Five Star products, Inc.
2. Sealtight 588 Grout by W.R. Meadows, Inc.
3. Or as approved.
PART 3 EXECUTION
3.1 PREPARATION
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:
BEL9508B 02732-2
1
3.2
A.
B.
C.
D.
I E
? F
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 21-9-
15 3'-0"
18 3'-3-
21 3'-6-
24 4'-0"
27 4'-3"
30 4'-9"
33 5'-0"
36 5'-6"
* 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.
INSTALLATION - BEDDING
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.
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.
After pipe is laid, shovel place and tamp to fill all voids.
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).
Carefully place and tamp so as not to damage or displace joints or pipe. Do not drop material
directly on pipe.
Maintain optimum moisture content of bedding material to attain required compaction density.
Provide Class II concrete encasement in lieu of granular bedding in locations noted on
Drawings. Follow Section 03301.
I BEL9508B 02732-3
3.3 CUTTING THE PIPE
A. Cut pipe smooth, straight and at right angles to the pipe axis.
B. Do not damage the pipe or cement lining.
C. Use only mechanical pipe cutters for gray iron pipe except where this is impracticable.
D. Use a saw, abrasive wheel, or oxyacetylene torch for ductile iron pipe.
E. Do not use an oxyacetylene torch for cutting holes for saddles.
Grind cut ends and rough edges smooth.
G. Bevel the cut end for push-on joints.
3.4 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 the Specifications. Any requirements in these Specifications which may be in conflict or
inconsistent with the requirements of ASTM D2321 shall be void to the extent of such
conflict or inconsistency, except in all cases granular material for pipe embedment shall be as
specified in Article 2.2.
C. Lay pipe on bedding material with their full lengths true to line and grade with the aid of
batterboards, grade pole and grade string, or other method approved by Engineer. When
batterboards are used, set not less than three at 25 foot intervals and maintain in proper
position at all times as a check on the accuracy of the grade line. When laser beam
equipment is used, check equipment a minimum of twice daily, once in the A.M. and once in
the P.M., in the presence of Owner or Engineer to verify that equipment is maintaining the
established line and grade, and when temperature and other atmospheric conditions prevent
the laser beam from maintaining grade, provide additional ventilation through the pipeline by
the use of blowers as recommended by the equipment manufacturer or as directed by
Engineer.
D. Immediately notify Owner or Engineer of any misalignment of the pipe when laid in
accordance with established cuts or elevations.
E. Waterline Crossing:
1. Where sewer lines cross existing or proposed watermains, and the sewer is above the
watermain or less than 18 inches clear distance vertically below the watermain,
construct the sewer crossing using one 20-foot length of ductile iron pipe, Class 50,
ANSI 21.51, centered over or under the watermain. Use flexible couplings when
jointing two pipes of dissimilar materials or two pipes with different outside diameters.
2. Provide suitable backfill or other structural protection to preclude settling or failure of
the higher pipe.
F. See Section 02607 for manhole requirements.
BEL9508B 02732-4
t 3.5 JOINT INSTALLATION
A. General.
1. Use push-on joints in underground locations, unless indicated otherwise on the
Drawings.
2. All joints shall be watertight and free from leaks.
' 3. Do not deflect joints.
B. Push-On Joints.
1. Clean the inside of the bell and the outside of the spigot to remove dirt, oil, excess
' coating and other foreign matter.
2. Insert the gasket.
3. Apply a thin film of lubricant to either the inside surface of the gasket, the spigot end
of the pipe or both.
4. Do not permit the joint surfaces to come in contact with the ground.
5. Assure that pipe is marked with a depth mark before assembly to assure the spigot end
is inserted the full depth of the joint.
6. Complete the joint making certain the spigot is inserted to the depth mark.
C. Restrained Joints.
1. Remove all dirt, oil, grit, excess coating and other foreign matter from the inside of the
bell and the outside of the spigot.
' 2. Apply a thin film of lubricant to the inside of the spigot and the gasket.
3. Tighten nuts alternately on opposite sides of the pipe of produce equal pressure on all
parts of the gland.
4. Use a torque limiting wrench and do not exceed the maximum torque valved listed in
' AWWA C600 Table 4.
5. Holes in mechanical joint bells shall straddle the top (or side for vertical piping)
centerline.
3.6 CONNECTIONS TO MANHOLES AND PIPES
A. Connect new sewers to manholes through resilient connectors. Follow Section 02607.
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 Fernco, Inc.,
Joints
Inc
or as approved
,
.,
.
3.7 FIELD QUALITY CONTROL
A ddi
i
O
E
i
h
k
i
f
h
b
. wner or
ng at any t
me.
ng
neer may c
compact
on o
t
e
e
ec
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 in accordance with Section 02733.
I BEL9508B 02732-5
D. Defl ection Test:
1 . Test 8 inch diameter and larger PVC plastic pipe for a maximum deflection of 5 percent
of the pipe average inside diameter not less than 30 days after final full backfill as
determined by Engineer.
2. Pipe with a pipe stiffness of 200 psi or greater at 5 percent deflection, as determined
in accordance with ASTM D2412, need not be tested for deflection if all pipe between
two manholes is less than 12 feet below final grade.
3. Conduct deflection tests with a representative of Engineer present.
4. Repair or replace pipes exceeding a deflection of 5 percent of the average inside
diameter and then retest until satisfactory test results are obtained.
5. Conduct tests using electronic equipment specifically designed for measuring and
recording deflection in flexible pipe, or by the use of an approved deflection probe,
having a diameter equal to 95 percent of the average inside diameter of the pipe being
tested, pulled through the sewer line. If the deflection probe is used, perform test
without mechanical pulling devices, and have a probing ring with a I.D. equal to the
0. 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.
END OF SECTION
BEL9508B 02732-6
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 manholes.
1.3 PERFORMANCE REQUIREMENTS
A. Perform leakage testing after deflection testing, where applicable.
B. Perform with representative of Engineer present.
C. Judgement of Engineer's representative as to the acceptance of tests shall be final.
1.4 REGULATORY REQUIREMENTS
A. Submit test results to appropriate OEPA District Office.
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, 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. For main line sewers 8 inches through 30 inches in diameter tested by infiltration or
exfiltration, also conduct air tests for the purpose of testing service connections even when
' BEL9508B 02733-1
E.
3.2
A
B.
C.
D.
E.
3.3
pipe crown is covered with two feet or more of water. For such tests, the internal air
pressure shall never exceed 5.0 psi, and the acceptability of the tests shall be based on the
minimum holding time specified for the size of the main line sewer.
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.
INFILTRATION TESTS
The length of sewer subject to each test shall be the distance between two adjacent manholes
as a minimum, 900 feet as a maximum, but shall be left to the discretion of Engineer.
Isolate test section and cap or plug all service connections and stubs within the section to
prevent the entry of ground water.
Measure infiltration by a V-notch weir located in the downstream manhole.
Maintain test head for not less than 24 hours before a weir measurement is made.
Maximum allowable leakage, including manholes, shall be 100 gallons per inch of diameter
per mile of pipe per day.
EXFILTRATION TESTS
A. The length of sewer subject to an exfiltration test shall be the distance between two adjacent
manholes as a minimum, 900 feet as a maximum, but shall be left to the discretion of
Engineer.
B. Close upstream and downstream manhole inlets with watertight plugs and fill the test section
with water until the elevation of the water in the upstream manhole is two feet above pipe
crown in the line being tested, or two feet above the existing ground water in the trench,
whichever is higher.
C.
D.
E.
F.
3.4
A.
A standpipe may be used instead of the upstream manhole for providing the pressure head
when approved by Engineer.
Measure exfiltration by determining the amount of water required to maintain the initial water
elevation for one hour from the start of the test.
With absorptive pipe, begin the one hour period after allowing the water to stand for a
minimum of 45 minutes to allow for saturation of the pipe.
Maximum allowable leakage, including manholes, shall be 100 gallons per inch of diameter
per mile of pipe per day.
AIR TESTS
After backfilling, conduct air tests between two consecutive manholes.
B. Dampen walls of air permeable pipe prior to conducting air tests. Dampening of the pipe walls
and obstruction testing may be accomplished at the same time by propelling a snug-fitting
inflated ball or other approved device through the pipe with water.
BEL9508B
02733-2
J
C. For sewers 30 inches in diameter and smaller, plug each end of the section to be tested and
all pipe outlets in the section with suitable test plugs.
' D. Pneumatic plugs shall be able to resist internal pressures without external blocking.
E. One plug used at a manhole shall have an inlet tap or other provision for connecting an air
' hose from the air supply equipment.
F. The equipment shall include valves to control the rate at which air flows into the test section
and pressure gauges with minimum graduations of 0.1 psi and an accuracy of ±0.04 psi to
monitor the air pressure within the test section.
1 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 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
table:
1
MINIMUM HOLDING TIME IN MINUTES REQUIRED
FOR 1.0 PSI PRESSURE DROP LENGTH OF MAIN LINE TESTED'
Pipe
Diameter
100'
200'
300'
400'
500'
600'
6" 0-3/4 1-1/4 2 2-3/4 2-3/4 2-3/4
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
15" 4 7 7 7 7 7
18" 5 8-1/2 8-1/2 8-1/2 8-1/2 8-1/2
21" 8 10 10 10 10 10
24" 10-1/2 11-1/4 11-1/4 11-1/4 11-1/4 11-14
27" 12-3/4 12-3/4 12-3/4 12-3/4 12-3/4 12-3/4
30" 14-1 /4 14-1 /4 14-1 /4 r14-1/4 14-1 /4 14-1 /4
Time or intermediate engt s s a e interpo ate .
I BEL9508B 02733-3
3.5
J. Contractor may air test sections before backfilling the trench as a check for defects and
workmanship, but such tests are at Contractor's option and are not a substitute for
tests required after backfilling has been completed.
K. For sewers over 30 inches in diameter, conduct individual air tests at joints, lift holes,
and tee or wye connections, along with visual inspection. Base minimum air test
holding time on a leakage rate of 0.003 cfm loss per square foot of internal surface
being tested.
MANHOLE TESTS
A. Test each manhole after assembly and after all lift holes have been plugged with non-
shrink grout and, at Contractor's option, before or after completing backfilling.
B. Test by drawing a vacuum on the manhole using equipment specifically designed for
such testing.
C. Plug and brace pipes entering the manhole to prevent being drawn into the manhole.
D. Place a test head with necessary gauges and connections at the inside of the top of the
cone section and seal in accordance with the manufacturer's instructions.
E. Draw a vacuum of 10 inches of mercury and then shut the vacuum pump off.
F. With valves closed, measure the time for the vacuum to drop to 9 inches. The test
shall be successful if the time measured meets or exceeds the values indicated in the
following table:
MINIMUM TEST TIMES IN SECONDS
MANHOLE DIAMETER
MANHOLE DEPTH 48" 60" 72"
8' 20 26 33
10' 25 33 41
12' 30 39 49
14' 35 46 57
16' 40 52 65
18' 45 59 73
20' 50 65 81
22' 55 72 89
24' 59 78 97
26' 64 85 105
28' 69 91 113
30' 74 98 121
BEL9508B 02733-4
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.
BEL9508B
END OF SECTION
02733-5
SECTION 02936
SEEDING
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. Description: The work covered by this section consists of furnishing all labor, materials,
and equipment and the performing of all operations necessary or required to topsoil, fine
grade, fertilize, seed all the graded areas indicated to be seeded on the Drawings, including
those areas disturbed in the course of construction.
1. The work of this section includes requirements for temporary and permanent
seeding.
2. For rough grading contracts, future building and parking lot areas will not be seeded
or mulched unless so indicated on the plans or instructed by the Owner.
' B. Section Includes:
1. Preparation of lawn areas including excavation, topsoil amendment, fertilizing,
discing, and bed preparation, and disposal of surplus and unsuitable material.
2. Seeding of lawn areas as noted.
3. Maintenance.
4. Provide all topsoil off-site supplies as required, and conform to the pH acidity range
and percentage of organic matter as specified herein.
1.2 QUALITY ASSURANCE
A. General: Comply with applicable Federal, State, County and Local regulations governing
landscape materials and work.
' B. Qualifications: The work of this section shall be accomplished by a firm which has had a
minimum of five years successful experience in establishment and maintenance of lawns
and grassed areas of the size and type similar to that required for this project.
C. Substitutions: Do not make substitutions. If specified landscape material is not obtainable,
submit proof of unavailability and proposal for use of equivalent material.
D. Standards: The Contractor may wish to refer to "Guide for Sediment Control on
Construction Sites in North Carolina" as issued by the U.S. Department of Agriculture.
' 1.3 SUBMITTALS
A. Soil Test Results: Certified analysis of a recommended laboratory shall be submitted for
' existing topsoil; analysis shall be made to determine requirements for topsoil as herein
specified. The costs of the tests shall be borne by the Contractor. Reports of the test
shall be submitted in writing.
1 . Submit two copies of soil analysis reports for proposed new topsoil.
' 2. Before delivery of topsoil, furnish a soil analysis made by an approved soil testing
I BEL9508B 02936-1
laboratory stating the percentages of silt, clay, sand and organic matter, the pH and
mineral and plant nutrient content of the topsoil.
B. Fertilizer: Furnish in duplicate copies of invoices for all fertilizer used on the project.
C. Product Certification: Submit two copies of certificates of inspection as may be required
by governmental authorities to accompany shipments. For standard products, submit the
manufacturer's certified analysis. For other materials, submit analysis by a recognized
laboratory made in accordance with the methods established by the Association of Official
Agricultural Chemists, wherever applicable or as further specified.
D. Schedule: Submit proposed soil preparation and sodding/seeding schedule. Acceptance
shall not relieve the Contractor of responsibility for compliance with specified requirements.
E. Maintenance Instructions: Submit two copies of typewritten instructions recommending
procedures to be established by the Owner for maintenance of lawns during the entire
year. Submit prior to expiration of required maintenance periods.
F. Guarantee: Submit two copies of written guarantee, in the terms specified under
guarantee provisions of these specifications, signed by the Contractor and installer,
indicating who has the responsibility for maintenance and replacement of defective
materials.
1.4 PRODUCT HANDLING
A. Delivery: Deliver packaged materials in containers showing weight, analysis and name of
manufacturer.
B. Protection: Protect materials from deterioration during delivery and while stored at the
project site.
C. Notify Owner 24 hours in advance of delivery of products requiring inspection and
approval.
1.5 PROJECT CONDITIONS
A. Inspection: Verify all grades and elevations and provide any necessary adjustments to ,
subgrade as indicated on plans, specified herein or as directed.
B. Seeding Time: Prepare soil and perform seeding only during normal seasons for each type
of work required. According to prevailing weather conditions at the time and at the
discretion of the Owner, planting dates may vary. Correlate planting with specified
maintenance periods to provide maintenance until acceptance by the Owner.
C. Coordination with Other Work:
1. Determine location of underground utilities and perform work in a manner which will
avoid possible damage. Do not permit heavy equipment such as trucks, rollers, or
similar equipment to damage utilities. Hand excavate as required to minimize
possibility of damage to underground utilities. Maintain grade stakes set by others
until removal is mutually agreed upon by all parties concerned.
2. The Contractor shall be liable for any damages to property caused by planting ,
operations and shall at his own expense, restore all disturbed or damaged areas to
their original condition.
BEL9508B 02936 - 2 1
1.6 GUARANTEE
r
A. General: Guarantee lawns through the specified maintenance period, and until final
acceptance.
1. All new lawn areas shall, in the opinion of the Owner, be alive and in satisfactory
condition and growth for each specific kind of lawn at the end of the guarantee
period.
2. It shall be the Contractor's responsibility to provide a suitable and acceptable stand
of permanent turfgrass at all seeded areas. This includes applicable modifications
to any materials and installation procedures, as well as additional seedbed
stabilization and protective measures as may be necessary (upon approval by the
Owner). No additional compensation will be made to the Contractor for
modifications, additional measures or discrepancies between this specification and
"Standard Practices" for the prevailing site conditions. Acts of vandalism (other
than pedestrian traffic) will not be the responsibility of the Contractor.
B. Repair: Reseed areas found to be bare or in unhealthy condition as directed. Replacement
materials to match existing which comply with requirements shown and specified. After
disturbed areas are stabilized, all temporary construction features including temporary
erosion control measures, shall be removed.
PART 2 PRODUCTS
2.1 MATERIALS
A. Topsoil: Topsoil shall be furnished by Contractor from off-site source. Topsoil shall be
free from stones over Y2-inch maximum diameter, lumps, clods or hard earth, plants, roots,
sticks, clay, toxic substances, other extraneous matter and containing no coarse
sand/stone, alts or alkali. Sterilize topsoil to be free from undesirable weed seed.
1. pH range between 6.5 and 7.0.
2. Total soluble salts not to exceed 500 parts per million.
3. Clay content shall range between 5% and 25%.
4. Organic content shall not be less than 5% nor greater than 30%.
5. Stone/sand content shall be less than 6%.
B. Fertilizer: Fertilizer shall be the product of an approved commercial fertilizer manufacturer
and shall be balanced type (10-10-10) grade, uniform in composition, Free-flowing material
suitable for application with approved standard equipment.
1. The fertilizer shall conform to the applicable State fertilizer laws and shall be
delivered to the site in bags or other convenient containers each fully labeled and
bearing the name, trademark, and warranty of the producer.
2. If bulk or batch mixed fertilizers are used, submit certification of contents and
alternative application notes for review.
C. Lime: Lime shall be ground limestone containing not less than 85% of total carbonates
and shall be ground to such fineness that at least 50% will pass through a 100-mesh sieve
and at least 90% will pass through a 20-mesh sieve. Coarser materials will be acceptable
provided the specified rate of application is increased proportionately on the basis of
quantities passing the 100-mesh sieve, but no additional payment will be made for the
increased quantity.
D. Superphosphate: Finely ground phosphate rock containing minimum 18% available
phosphoric acid.
I BEL9508B 02936 - 3
E. Seed: All seed used shall be labeled in accordance with U.S. Department of Agriculture
rule and regulations under the Federal Seed Act, and approved by the North Carolina
Department of Agriculture. All seed shall be furnished in sealed standard containers. Seed
which has become wet, moldy or otherwise damaged in transit or in storage will not be
acceptable. The seed quality requirements for this project are as follows:
1. Seed shall be entirely free from bulbets or seed of Bermuda Grass, Sudan Grass,
Johnson Grass, Nutgrass, Sandbur, Wild Onion, Wild Garlic, Witchweed, and
Crotalaria.
2. Seed shall not contain more than 2%, singly or collectively, of crop seed other than
the kind of seed specified.
3. Maximum noxious weed seed shall be 0.05%.
4. Minimum guaranteed germination rate for all seed shall be 85% unless otherwise
indicated.
5. The crop seed quality requirements for each kind of seed are as follows:
a. Fescue: Rebel 2, Plushtex, Alta Fescue or Kentucky 31 Tall Fescue.
Minimum 98% pure live seed, maximum 1 % total weed seed, maximum 2%
total other crop seed, maximum 100 restricted noxious weed seed per pound.
b. Rye Grain and other annuals: Minimum 98% pure live seed, maximum 10%
weed seed, minimum 85% germination.
F. Seed Mulch: Mulch shall be salt hay, clean threshed straw of oats, wheat, barley or rye.
Materials for securing mulch may be one of the following:
1. RC-2 cut-back asphalt for asphalt tack coat conforming to Fed. Spec. SS-A671 a; the
asphalt emulsion shall conform to Fed. Spec. SS-A674, Type V.
2. Matting: Plain open weave jute rolls, 18 inches wide. Jute yarn shall be loosely
twisted construction not varying in thickness more than '/z its nominal diameter, and
having 76-80 warp ends per 18 inches width, 40-42 weft ends per yard length, for
slopes 3:1 or steeper, or as necessary to stabilize seed.
3. Mat Anchors: Bailing twine and soft wood pegs W x 1 " x 12" long or 12" staples
made especially for this purpose.
4. Soil Sterilizers and Herbicides: As recommended by State and local agricultural
agencies for the specified purpose.
5. Straw Blanket: North American Green No. S-75.
2.2 INSPECTION AND TESTS
A. Fertilizer and Lime: The Owner shall be furnished with duplicate copies of invoices for all
fertilizer and lime used on the project. Invoices for fertilizer shall show the grade furnished.
Invoices for lime shall show total minimum carbonates and minimum percentages of the
material furnished that pass 100-mesh and 20-mesh sieves. Upon completion of the
project, a final check of the total quantities of fertilizer and lime used will be met. The
Owner may require the distribution of additional quantities of these materials to make up
the minimum application specified at no additional cost to the Owner.
B. Seed: The Owner shall be furnished duplicate signed copies of a statement from the
vendor, certifying that each container of seed delivered as fully labeled in accordance with
the Federal Seed Act and is at least equal to the requirements specified herein. This
certification shall appear on or with all copies of invoices for seed.
PART 3 EXECUTION
3.1 PREPARATION
A. Erosion Control: The Contractor shall be responsible for providing any and all erosion
BEL9508B 02936 - 4
'
control measures and devices as may be necessary during fine grading, topsoil amendment
and seeding operations.
' B. Clearing: Prior to or during grading and tillage operations, the ground surface shall be well
drained, cleared of all brush, roots, stones larger than 2 inches in diameter, or any other
material which may hinder proper grading, tillage or subsequent maintenance operations.
C. Fine Grading: Areas to be seeded shall receive topsoil and be graded as shown on the
Drawings or as directed and all surfaces shall be left in an even and properly compacted
' condition for positive drainage and to prevent the formation of depressions where water
will stand. Areas to be topsoiled shall be graded to a smooth surface and to a grade that
will allow topsoiling to finished grade.
' D. Topsoil Amendment:
1. Immediately prior to placing topsoil, the subgrade shall be loosened by scarifying to
a depth of at least 4 inches to permit bonding of the topsoil to the subgrade.
' 2. Topsoil shall be uniformly spread to cover the subgrade at all area to be seeded to
a 4-inch depth.
3. Topsoil shall not be placed when the subgrade is frozen, excessively wet, extremely
dry, or in a condition otherwise detrimental to the proposed planting.
4. Topsoil shall be graded to the lines indicated or as directed and any irregularities in
the surface resulting from topsoiling or other operations shall be corrected to prevent
5. formations of depressions where water will stand.
Provide final contours with gently sloping or rolling levels to assure proper drainage,
rounding off sharp changes in elevation.
6. Provide sufficient topsoil so that areas adjacent to pavements, after final settlement,
' will be %:-inch lower than paving where paving drains into grassed areas. This may
require the removal of subgrade prior to scarification, to accommodate the addition
of topsoil while maintaining designed grades at walks, structures, etc.
' E. Tillage: After topsoiled areas required to be seeded have been brought to the grades
shown on the plans and as specified, they shall be thoroughly tilled to a depth of 8 inches
by approved methods, until the condition of the soil is acceptable. Any objectionable
undulations or irregularities in the surface resulting from tillage or other operations shall be
removed before planting operations are begun. The work shall be performed only during
periods when satisfactory results are likely to be obtained. When conditions are such, by
' reason of drought, excessive moisture or other factors, that results are not likely to be
satisfactory, make amendments or delay work until the desired results are likely to be
obtained.
' F. Application of Superphosphate: Superphosphate and lime may be distributed at the same
time, and shall be distributed uniformly at the rate specified herein or in consultation with
the County Extension Service over areas to be seeded, and shall be incorporated into the
' soil to a depth of 3 to 4 inches by approved methods. The incorporation of
superphosphate may be accomplished as part of the tillage operation specified above.
G. Application of Fertilizer: Fertilizer and superphosphate may be distributed at the same
time, and shall be distributed uniformly at the rates specified herein or in consultation with
the County Extension Service over the areas to be seeded, and shall be incorporated into
' the soil to a depth of 3 to 4 inches by approved methods. The incorporation of fertilizer
may be accomplished as part of the tillage operations specified above. Distribution of seed
and fertilizer together by means of approved equipment will be acceptable. No fertilizer
shall be applied to areas within 10 feet of streams and waterways.
BEL9508B 02936 - 5
H. Application of Lime: Immediately following or simultaneously with the incorporation of the
fertilizer and superphosphate, lime shall be distributed at the rate specified herein, and shall
be incorporated into the soil to a depth of 3 to 4 inches by approved methods. The
incorporation of lime along with the fertilizer may form a part of the tillage operation
specified above, provided grass seed is not included in the mixture.
3.2 SEEDING
A. General: All seeding shall be done in accordance with all applicable requirements of the
North Carolina Department of Agriculture. The Contractor shall employ generally accepted
methods of sowing making use of approved mechanical seeders, mechanical hand seeders
or other approve methods. Where conditions are such, by reason of drought, high winds,
excessive moisture, or other factors, that satisfactory results are not likely to be obtained,
delay the work and resume it only when conditions are favorable. Seed may be sown
immediately after application of topsoil amendments, provided soil remains in a loose
friable condition. If soil has become hard or unsuitable, till to a friable condition.
B. Areas to be Seeded: All specified unpaved areas and all other areas disturbed by the
Contractor's operations shall be seeded in accordance with these specifications.
C. Method of Seeding: Seed shall be broadcast with approved sowing equipment at the rates
specified herein. The seed shall be uniformly distributed over the designated areas and
shall be covered to a depth of 1/e-inch by means of a brush harrow, spike-tooth harrow,
chain harrow, cultipacker, or other approve device. Broadcast seeding shall not be done
during windy weather.
D. Clean Up: After seeding has been completed and prior to compaction, the surfaces shall
be cleaned of all stones larger than 1-inch in diameter and of all roots, brush, trash, or
other objects that may interfere with maintenance operations. Clean all areas adjacent to
seeded areas to avoid unwanted growth.
E. Compaction: Immediately after seeding is completed, the seedbed shall be compacted by
means of an approved lawn roller weighing 40 to 65 pounds per foot of width for clay soil
and 150 to 200 pounds per foot of width for sandy or light soil, unless an intervening
precipitation causes such rolling to be detrimental to the seeded area.
F. Overseeding: Areas indicated to be overseeded shall follow all specified procedures and
methods for seeding excluding the incorporation of additional topsoil. Provide a smooth
finish grade transition between seeded areas and overseeded areas.
3.3 MULCHING
A. Applying Mulch: The mulch shall be spread uniformly in a continuous blanket, using 1-'/2
tons per acre. The mulch shall be anchored in place by the application of asphalt material
at the rate specified in this section. A method of applying mulch and asphalt stabilizer
simultaneously by special equipment designed for the purpose will be acceptable.
Mulching shall be started at the windward side and shall continue uniformly until the area
is completely covered.
B. Applying Matting: Install jute matting and/or straw blanket by rolling downhill and running
strips parallel with 2-inch overlaps. Bury top edge of jute in a 4-inch deep trench, and
spike jute at 10-inch intervals spaced 4-feet on center.
C. Securing Mulch (Alternate Method): Securing of mulch by the twine and peg method will
BEL9508B 02936-6
' be acceptable if pegs are placed on 4-foot centers and driven flush with the seeded
surface, and provided that wire and hardwood pegs are not used.
' 3.4 APPLICATION RATES
' A. General: The kinds of seed and the rates of application of seed, fertilizer, limestone,
mulch, and asphalt tack shall be as stated below. During periods of overlapping dates, the
kinds of seed to be used shall be as determined by the Owner. All rates are expressed in
pounds per acre unless otherwise noted.
' 1 . 1,320 # Fertilizer.
2. 4,400 # Limestone.
3. 650 # 0-20-20 Superphosphate.
' 4. 1.5 ton/acre Straw Mulch.
5. 225 gallons/acre Emulsified Asphalt Tack.
6. Seed:
' Oct. 15th - Feb. 15th - May 15th -
Feb. 15th May 15th Oct. 15th
260 # Fescue 300 # Fescue 350 # Fescue
85 # Rye
B. Wetlands Areas: The kinds of seed and the rates of application of seed and mulch shall be
' as stated below. During periods of overlapping, dates, the kinds of seed to be used shall
be as determined by the Owner. All rates are expressed in pounds per acre unless
otherwise noted.
1. 1.5 ton/acre Straw Mulch.
2. Seed: Apply type from following species list at a rate of 350 # per acre:
Aug. 20th- May 1st - Apr. 25th - Feb. 1 st -
Oct. 31 st Jun. 30th Jun. 30th Mar. 30th
Annual Rye Grass Millet Sorghum Annual
Rye Lespedezas
' Wheat
Oats
Barley
3.5 MAINTENANCE
A. Responsibility: The Contractor shall be responsible for the proper care and maintenance
' of the seeded areas until the work under the entire contract has been completed and
accepted by the Owner. Maintenance shall consist of repair and replacement of eroded
areas, watering, weed and pest control, removal of unwanted grass growth, re-fertilizing,
' re-liming, reseeding, and re-mulching as necessary to provide an even, fixed growth of
grass. In addition, the Contractor shall provide protection against traffic and shall erect
necessary barricades and warning signs immediately after planting is completed.
' B. Watering: Keep seeded areas constantly moist for a period of 3 weeks, using frequent
light watering (2 to 4 times per day) rather than soaking the soil when it becomes dry.
The amount and frequency of water application will vary somewhat with soil texture.
After 3 weeks, water each area at least once a day until the grass has achieved complete
cover.
' C. Post Planting Fertilization: Three weeks after planting and again six weeks after planting,
' BEL9508B 02936 - 7
D.
E.
fertilize seeded areas with 500 pounds of 10-10-10 fertilizer. To avoid burning, fertilize,
when grass is dry and water immediately following application.
Mowing: The seeded areas shall be mowed with approved mowing equipment to a height
of 2-'/7 inches whenever the average height of the grass becomes 4 inches. If weeds or
other undesirable vegetation threaten to smother the planted species, such vegetation shall
be mowed, or in the case of rank growths, shall be uprooted, and removed from the area.
Repair:
1. When the surface of any part of an area which has been seeded is gullied or
otherwise damaged, the affected portions shall be repaired to re-establish the
condition and grade of seed prior to the injury and shall then be reseeded as herein
specified at no additional expense to the Owner.
2. Any bare areas greater than 2 square feet, or areas on insufficient coverage shall be
reworked and reseeded during the maintenance period.
END OF SECTION
BEL9508B 02936 - 8
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I -CONCRETE - 3
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1
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 for structures, piers, anchor encasement and marker posts.
F. Finishing and curing of horizontal and vertical concrete surfaces.
1.3 QUALITY ASSURANCE
A. Perform Work in accordance with ACI 301 unless specifically noted otherwise.
1.4 DEFINITIONS
A. Exposed: Exposed to view by persons responsible for operation or maintenance of the
structure.
PART 2 PRODUCTS
2.1 FORM MATERIALS
A. Form Materials: At discretion of Contractor.
B. Earth Forms: Subject to Engineer's approval.
C. Form Ties: Removable or Snap-off type.
D. Form Release Agent: Colorless mineral oil which will not stain concrete, or absorb moisture,
or impair natural bonding or color characteristics of coating intended for use on concrete
including curing compound, sealer, or waterproofing.
2.2 REINFORCEMENT
A. Reinforcing Steel: ASTM A615, 60 ksi yield grade, deformed billet steel bars, unfinished; or
ASTM A616, 60 ksi yield grade, deformed rail steel bars, unfinished.
I BEL9508B 03301-1
B. Welded Wire Fabric: ASTM A185, Plain wire, sheet form. Rolled fabric not permitted.
2.3 CONCRETE MATERIALS AND ADMIXTURES
A. Cement: ASTM C150, Type I - Normal Portland type.
B. Fine and Coarse Aggregates: ASTM C33.
C. Water: Clean and not detrimental to concrete.
D. Air Entrainment: ASTM C260; Micro-Air by Master Builders, or as approved.
E. Chemical: ASTM C494 Type A - Water Reducing, Type B - Retarding, Type D - Water
Reducing and Retarding, Type F - Water Reducing, High Range, Type G - Water Reducing,
High Range and Retarding; containing no chlorides, by Master Builders, W.R. Grace, or as
approved.
F. Fly Ash: ASTM C618 Class F; loss on ignition less than 6 percent.
2.4 CURING MATERIALS
A. Membrane Curing Compound: ASTM C309 Type ID, clear with fugitive dye which disappears
approximately 24 hours after exposure to sunlight.. 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. Polyethylene Film: ASTM C171, 6 mil thick.
D. Water: Potable, not detrimental to concrete.
2.5 ACCESSORIES
A. Non-Shrink Grout: Premixed compound consisting of non-metallic aggregate, cement, water
reducing and plasticizing agents; capable of developing minimum compressive strength of
6000 psi in 28 days; Masterflow 713 by Master Builders, or as approved.
B. Epoxy Grout: 100 percent solids; capable of developing 5000 psi compressive strength in 24
hours; ASTM C881, Grade 1, Class B&C; Euco #456 by Euclid Chemical, or as approved.
C. Joint Filler Type B: ASTM D1752; Premolded sponge rubber fully compressible with recovery
rate of minimum 95 percent; Sponge Rubber by W.R. Meadows, or as approved.
D. Pipe Straps and Accessories for Piers:
1. Steel: ASTM A36 - Hot dip galvanized after fabrication.
2. Expansion Anchors: Stainless steel conforming to Federal Specifications FF-S-325;
wedge type, Group Il, Type 4, Class 1 or 2; or self-drilling type, Group III, Type 1.
3. Neoprene Wrap: 1/4" thick.
2.6 CONCRETE MIX
A. Select proportions for concrete in accordance with ACI 301, 3.9.
BEL9508B 03301-2
B. Class I Concrete: Provide concrete to the following criteria:
1 . Compressive Strength (7 day): 3200 psi.
2. Compressive Strength (28 day): 4000 psi.
3. Water/Cement Ratio (maximum): 0.50 by weight.
4. Air Entrained: Six percent, ± one percent.
5. Fly Ash Content: Maximum 25 percent of cement content.
6. Slump (maximum): Four inches (due to waterM.
7. High Range Water Reducer: Add at site to increase slump to six inches, ± 1-1 /2 inches.
C. Class II Concrete: Provide concrete to the following criteria:
1. Compressive Strength (28 day): 2500 psi.
2. Fly Ash Content: Maximum 25 percent of cement content.
3. Slump (maximum): Six inches.
D. Mudmat Concrete: Provide concrete to the following criteria:
1. Compressive Strength (28 day): 1000 psi.
2. Fly Ash Content: Maximum 25 percent of cement content.
PART 3 EXECUTION
3.1 ERECTION - FORMWORK
A. Align joints and make watertight.
B. Coordinate with work of other sections in forming and placing openings, recesses, sleeves,
bolts, anchors, other inserts, and components of other Work.
C. Install accessories straight, level, and plumb. Ensure items are not disturbed during concrete
placement.
3.2 PLACEMENT OF REINFORCEMENT
A. Place, support and secure reinforcement against displacement. Do not deviate from required
position.
B. Maintain concrete cover for reinforcement as follows:
Item Coveraae
Column Ties and Beam Stirrups 1-1 /2 inch
Footings and Concrete Formed Against Earth 3 inch
Slabs on Fill 3 inch
All Other 2 inch
C. Unless otherwise noted on the Drawings, lap splices to be 36 bar diameters.
D. Do not field cut reinforcement without Engineer's permission.
3.3 PLACING CONCRETE
A. When Class I concrete arrives at the Project with slump below 4 inches, water may be added
only if neither the maximum permissible water-cement ratio nor the maximum slump is
exceeded. Slump adjustment, with water, shall be made only one time.
BEL9508B 03301-3
B.
C.
3.4
A
B.
C,
3.5
A
B.
3.6
A
B.
C,
Placement of concrete under water is not permitted.
Advise the designated testing agency not less than 24 hours before operations to allow for
completion of quality tests.
CONCRETE FINISHING
Concrete Floor Surfaces: ACI 301 11.8;
1. Maximum Variation of Surface Flatness for Exposed Concrete Floors: 1 /4 inch in 10
feet.
Concrete Surfaces Not Exposed: Rough form finish.
Exposed Formed Surfaces: Grout cleaned finish.
CURING
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.
4. Polyethylene Film: Spread over floor slab areas, lap edges and sides, seal with pressure
sensitive tape; maintain in place for 7 days.
Vertical Surfaces: Cure surfaces using any of the following accepted procedures.
1. Formwork: Keep forms in place for 7 days.
2. Polyethylene Film: Spread over wall surface, seal, maintain 7 days.
3. Membrane Curing Compound.
FIELD QUALITY CONTROL
Make a set of test cylinders (three - 6 inch diameter x 12 inch) for each 50 cubic yards placed
or portion thereof.
Deliver test cylinders to testing laboratory.
Comply with ASTM C912.
END OF SECTION
BEL9508B 03301-4
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