HomeMy WebLinkAbout2021-205-E-Solid Waste-Full Circle Environmental-Walnut Grove Wastewater Disposal System DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
[Departmental Use Only]
TITLE
FY
NORTH CAROLINA
CONSTRUCTION AGREEMENT UNDER$250,000.00
ORANGE COUNTY
THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the 21 st
day of April, 2021, by and between Full Circle Environmental, LLC, (hereinafter called the "Contractor"),
and Orange County, a political subdivision of the State of North Carolina, (hereinafter called the
"County," "Orange County," or"Owner").
WITNESSETH:
That the Contractor and the Owner, for the consideration herein named, agree as follows:
1. CONTRACT DOCUMENTS; PRIORITY
The Contract Documents consist of this Agreement, the Request for Proposals, Proposal,
Construction Drawings, and Written Specifications. The Contract Documents form the Contract. In the
event of any inconsistency between or among the Contract Documents the Contract Documents shall be
interpreted in the following order of priority:
a. This Agreement.
b. Designer Approved Bulletins and Field Orders.
c. Request for Proposals and addenda thereto.
d. Proposal.
2. SCOPE OF WORK
The Contractor shall furnish and deliver all of the materials, and perform all of the work
required by this Agreement within the time period stipulated in a written Notice-to-Proceed to be
executed by the Contractor and Owner and in accordance with the following enumerated documents,
which are made a part hereof as if fully contained herein:
a. Construction Drawings prepared by Draper Aden (Sheet dated )
b. Written specifications prepared by the project engineer.
c. Orange County Waste and Recycling Center- Sanitary Sewer Service Relocation request
for proposal dated January 27, 2021 which fully describes the work to be performed. Such
work will hereafter be called the "Work".
d. Related documents listed under Section 1 above.
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3. TERM AND SCHEDULING
a. The Contractor agrees to commence work pursuant to the written Notice to Proceed.
b. The Contractor agrees to complete substantially all Work by June 30, 2021.
c. Time is of the essence with respect to all dates specified in the Contract Documents as
Completion Dates.
d. The Contractor shall perform the Work in the time, manner, and form required by the
Contract Documents and as stipulated in a written Notice-to-Proceed to be executed by the
Contractor and Owner.
e. It is expressly understood that the Owner will employ other contractors to perform work as
a part of the Project whose work will be performed simultaneously and sequentially with
the performance of the Work by the Contractor. It shall be necessary for the Contractor to
coordinate its activities with such other contractors, particularly with respect to access to
work areas, storage of materials and other common facilities.
£ Should the Owner determine that the Contractor is behind schedule Owner may require, at
no additional cost to the Owner, the Contractor to expedite and accelerate its efforts,
including providing additional resources and working overtime, as necessary, to perform
the Work in accordance with the approved project schedule.
4. STANDARD OF CARE
a. The Contractor shall exercise reasonable care and diligence in performing the Work in
accordance with the highest generally accepted standards of this type of Contractor
practice throughout the United States and in accordance with applicable federal, state and
local laws and regulations applicable to the performance of these services. Contractor is
solely responsible for the professional quality, accuracy and timely completion and
submission of all work.
b. The Contractor shall not load or permit any part of the Work to be loaded with a weight
that will endanger its safety, intended performance or configuration.
c. Contractor shall be responsible for all errors or omissions caused by its employees, agents,
contractors, or assigns in the performance of the Agreement. Contractor shall correct any
and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional
cost to the Owner.
d. Contractor is an independent contractor of Owner. Any and all employees of the
Contractor engaged by the Contractor in the performance of any work or services required
of the Contractor under this Agreement, shall be considered employees or agents of the
Contractor only and not of the Owner, and any and all claims that may or might arise under
any workers compensation or other law or contract on behalf of said employees while so
engaged shall be the sole obligation and responsibility of the Contractor.
e. If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Contractor represents that it or its employees, agents
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and subcontractors engaged in such activities possess such licenses, certifications, or
credentials and that such licenses certifications, or credentials are current, active, and not in
a state of suspension or revocation.
f. The Contractor is responsible for all physical damage to owned or rented machinery, tools,
equipment, forms, and other items owned, rented or used by the Contractor and
Subcontractor(s) in the performance of the Work including all of Owner's property in
Contractor's care, custody, or control, and all such property while it is in transit.
g. The Contractor is solely responsible for obtaining all permits necessary to complete the
Work in compliance with all local, state, and federal laws.
5. PAYMENT & TAXES
a. The Owner hereby agrees to pay to the Contractor for the faithful performance of this
Agreement, and the Contractor hereby agrees to perform all of the Work for a sum not-to-
exceed Twenty-nine Thousand One Hundred Thirty Dollars ($29,130.00). Not later than
the fifth (5th) day of each calendar month the Contractor shall submit to the Owner's
Representative, generally the architect if an architect is retained on the Work, a Request for
Payment for work done during the previous calendar month.
i. The Request for Payment shall be in form of a standardized invoice or AIA
Document G702-703 appropriately addressed to Owner's Representative at 114
Edinburgh Dr., Suite 200, Cary, NC 27511 and shall show substantially the value
of work done during the previous calendar month.
ii. The amount due for payment shall be ninety-five percent (95%) of the value of
work completed since the last Request for Payment and this amount shall be paid
by the Owner on or before the last business day of the month. Owner shall retain
five percent(5%).
1. Upon Owner's Representative's certification that ninety percent (90%) of
the Work has been satisfactorily completed retainage may be discontinued.
Retainage may be discontinued, at Owner's Discretion, so long as work
continues to be completed satisfactorily and on schedule.
iii. Final payment shall not be due to the Contractor until thirty (30) days after one
hundred percent (100%) of the Work, including punch list work, has been
satisfactorily (as determined by the County) completed and an appropriate affidavit
as required in Section 7(c)below has been received by Owner.
b. Should Owner reasonably determine that Contractor has failed to perform the Work related
to a Request for Payment, Owner, at its discretion may provide the Contractor ten (10)
days to cure the breach. Owner may withhold the accompanying payment without penalty
until such time as Contractor cures the breach.
i. Should Contractor or its representatives fail to cure the breach within ten (10) days,
or fail to reasonably agree to such modified schedule, Owner may immediately
terminate this Agreement in writing, without penalty or incurring further obligation
to Contractor.
ii. This section shall not be interpreted to limit the definition of breach to the failure to
perform the Work related to a Request for Payment.
c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any
authority on the Work or the labor and materials used therein. It shall be the Contractor's
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responsibility to furnish the Owner documentary evidence showing the materials used and
sales and use tax paid by the Contractor and each of its subcontractors.
6. INSURANCE AND BONDS
a. Minimum requirements — Contractor shall obtain, at its sole expense, Commercial General
Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any
additional insurance as may be required by Owner's Risk Manager as such insurance
requirements are described in the Orange County Risk Transfer Policy and Orange County
Minimum Insurance Coverage Requirements (each document is incorporated herein by
reference and may be viewed at
http://www.oran eg countync. o�partments/purchasing division/contracts.php). If
Owner's Risk Manager determines additional insurance coverage is required such
additional insurance shall be designated here (if no additional insurance required
mark N/A as being not applicable). Contractor shall not commence construction work
until such insurance is in effect and certification thereof has been received by the Owner's
Risk Manager.
b. Performance Bonds — Contractor shall furnish bonds covering the faithful performance of
the Contract and payment of all obligations arising under any of the Contract Documents
or related in any way to the Work. Contractor shall immediately furnish a copy of such
bonds to any requesting person who appears to be a potential beneficiary of bonds
covering payment obligations arising under any of the Contract Documents. This
subsection 6(b) applies only to Contracts of fifty thousand dollars ($50,000.00) or more
where the total cost for the project is three hundred thousand dollars ($300,000.00) or
more.
7. INDEMNITY
a. To the extent authorized by North Carolina law the Contractor shall indemnify, without
limitation, and hold harmless to the maximum extent permitted by law the Owner and its
agents and employees from and against any and all claims, damages, losses and expenses,
including attorney's fees, arising out of or resulting from the performance or
nonperformance of the Work, provided that any such claim, damages, loss or expense (A)
is attributable to bodily injury, sickness, disease or death or injury to, or destruction of,
property, including the loss of use resulting therefrom; and (B) is caused in whole or in
part by any breach of any provision of the Agreement or by any negligent or wrongful act
or omission of the Contractor, any Subcontractor, or supplier of the Contractor, anyone
directly or indirectly employed by any of them or anyone for whose acts any of them may
be liable. The indemnification obligation under this paragraph shall not be limited in any
way by any limitation of the amount or type of damages, compensation or benefits payable
by or for the Contractor or any subcontractor under workers' compensation acts, disability
benefits acts or other employee benefit acts. It is the intent of this section that the
Contractor shall indemnify the County to the maximum extent allowed by law.
b. The Contractor shall indemnify and hold harmless Owner from any lien of whatever type
through the purchase of appropriate bonds and insurance as designated in Section 6 above.
In the event any such lien is filed against Owner's property Contractor shall, through such
bonds and insurance or at Contractors expense, defend Owner against all such claims of
lien.
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c. Upon completion of the Work the Contractor shall execute an affidavit stating there are no
unpaid debts for any work that has been done or materials that have been furnished to the
project prior to and as of the date of substantial completion and further stating that
Contractor shall indemnify, save and protect Owner and Owner's lender, if any, harmless
from and against any and all claims, liabilities, losses, damages, causes of action, and
expenses (including court costs and reasonable attorney's fees related thereto) arising out
of, in connection with, or resulting from any such debts and liens. Such indemnification
shall be in a form and substance acceptable to Owner.
d. By executing this Agreement Contractor agrees to abide by and be bound by the
indemnification provisions herein and of Section 7(c) specifically.
8. DISPUTE RESOLUTION AND GOVERNING LAW
a. Any dispute with respect to any provision of, or the performance or non-performance of,
this Agreement shall be subject to the Dispute Resolution Rules and Procedures for Orange
County Design, Building Construction, Renovation, and Repair Projects. The policy is
incorporated herein by reference and may be viewed at
http://www.oran eg couni nc. ova/departments/purchasing_division/contracts.php).
b. The laws of the State of North Carolina shall apply to the interpretation and enforcement of
this Agreement. Any and all suits or actions to enforce, interpret or seek damages with
respect to any provision of, or the performance or nonperformance of, this Agreement or
the Contract shall be brought in the General Court of Justice of North Carolina sitting in
Orange County, North Carolina and it is agreed by the parties that no other court shall have
jurisdiction or venue with respect to such suits or actions.
c. Notice of any claim by Owner or Contractor must be initiated by written notice to the other
Party within thirty (30) days of the occurrence of the event giving rise to the claim or
within thirty (30) days of the discovery of the event or condition giving rise to the claim,
whichever is later.
i. Should any claim be made, regardless of whether such claim is made by Owner or
Contractor, Contractor shall continue to faithfully and diligently perform the Work
in such a manner as to meet all scheduled timelines. Any failure to faithfully and
diligently perform the Work may be deemed, by the Owner, a breach of the
Contract.
ii. If a claim is made such claim shall be made to the initial decision maker, if
applicable, who may request more supporting data, reject the claim in whole or in
part, approve the claim in whole or in part or advise the parties the claim is unable
to be resolved.
iii. If a claim is made by the Owner the Owner may, but is not obligated to, notify the
surety.
9. NON—APPROPRIATION
a. Contractor acknowledges that Owner is a governmental entity, and the validity of this
Agreement is based upon the availability of public funding under the authority of its
statutory mandate.
b. In the event that public funds are unavailable and not appropriated for the performance of
Owner's obligations under this Agreement, then this Agreement shall automatically expire
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without penalty to Owner immediately upon written notice to Contractor of the
unavailability and non-appropriation of public funds. It is expressly agreed that Owner
shall not activate this non-appropriation provision for its convenience or to circumvent the
requirements of this Agreement, but only as an emergency fiscal measure during a
substantial fiscal crisis.
c. In the event of a change in the Owner's statutory authority, mandate or mandated
functions, by state or federal legislative or regulatory action, which adversely affects
Owner's authority to continue its obligations under this Agreement, then this Agreement
shall automatically terminate without penalty to Owner upon written notice to Contractor
of such limitation or change in Owner's legal authority.
10. NOTICES
Any notice required by this Agreement shall be in writing and delivered by certified or registered
mail, return receipt requested to the following:
Owner: Contractor:
Orange County Full Circle Environmental, LLC
Attn: Robert Williams Attn:Zachary Woody
P.O. Box 8181 107 Lee Court
Hillsborough,NC 27278 Clayton,NC 27520
11. MISCELLANEOUS
a. Duties and Obligations imposed by the Contract Documents shall be in addition to any
Duties and Obligations imposed by state, federal or local law, rules, regulations and
ordinances.
b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or
duty granted them under the Contract Documents, nor shall any act or failure to act
constitute any approval except as specifically agreed in writing.
c. The Work shall be tested and inspected as required by the Contract Documents and as
required by law. Unless prohibited by law the costs of all such tests and inspections
related to state and federal codes such as ADA, Administrative, Electrical, Plumbing,
Mechanical and Building Codes shall be borne by the Contractor. The costs for material
and structural testing shall be conducted by an independent third party at the expense of the
Owner. Delays related to any of the aforementioned tests and inspections shall not be
grounds for delaying the completion of the work. If any such tests and inspections reveal
deficiencies in the Work such that the Work does not comply with terms or requirements
of the Contract Documents and the requirements of any code or law the Contractor is
solely responsible for the cost of bringing such deficiencies into compliance with the terms
of the Contract Documents and any code or law.
d. Should the Architect, if an architect is retained for the project involving the Work, or
Owner reject any portion of the Work for failing to comply with the Contract Documents
Contractor shall immediately, at Contractor's expense, correct the Work. Any such
rejection may be made before or after substantial completion. If applicable, any additional
expense borne by the Architect under this section shall be paid at Contractor's expense.
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e. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in
its entirety without the prior written consent of the Owner.
f. By executing this Agreement Contractor affirms that Contractor and any subcontractors of
Contractor are and shall remain in compliance with Article 2 of Chapter 64 of the North
Carolina General Statutes.
g. By executing this Agreement Contractor certifies that Contractor has not been identified,
and has not utilized the services of any agent or subcontractor identified, on the list created
by the State Treasurer pursuant to G.S. 147-86.58.
h. By executing this Agreement Contractor certifies that Contractor has not been identified,
and has not utilized the services of any agent or subcontractor identified, on the list created
by the State Treasurer pursuant to G.S. 147-86.81.
i. The County has designated(Bruce Woody) to act as the County's representative with
respect to the Work and shall have the authority to render decisions within guidelines
established by the County Manager or the County Board of Commissioners and shall be
available during working hours as often as may be reasonably required to render decisions
and to furnish information.
j. Contractor shall at all times remain in compliance with all applicable local, state, and
federal laws, rules, and regulations including but not limited to all state and federal non-
discrimination laws, policies, rules, and regulations and the Orange County Non-
Discrimination Policy and Orange County Living Wage Policy(each policy is incorporated
herein by reference and may be viewed at
http://www.oran.eg countync• ov�/departments/purchasing division/contracts.php). Any
violation of the Orange County Non-Discrimination Policy is a breach of this Agreement
and County may immediately terminate this Agreement without further obligation on the
part of the County. This paragraph is not intended to limit and does not limit the definition
of breach to discrimination.
k. This Agreement together with any amendments or modifications may be executed
electronically. All electronic signatures affixed hereto evidence the consent of the Parties
to utilize electronic signatures and intent of the Parties to comply with Article I I A and
Article 40 of North Carolina General Statute Chapter 66.
1. In the event of a breach by Contractor Owner has sole authority to determine the
reasonableness of Contractor's actions to remedy such breach or complete the performance
of its obligations.
in. Upon request of the Owner, the Contractor shall submit to County all relevant
documentation, including but not limited to,job cost records, to support its claims for final
compensation and if such request is made final compensation shall not be due until all
relevant documentation is received, reviewed, and approved by Owner.
12. CONSEQUENTIAL AND LIQUIDATED DAMAGES
a. Owner and Contractor mutually waive any claim against each other for consequential
damages. Consequential Damages include:
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i. Damages incurred by Owner for loss of use, income, financing, or business.
ii. Damages incurred by Contractor for office expenses, including personnel, loss of
financing, profit, income, business, damage to reputation, or any other non-direct
damages.
b. Liquidated damages shall be in accord with the Contract Documents. If the Contract
Documents do not otherwise address liquidated damages, such damages shall be in the
amount of five hundred dollars ($500.00)per day.
13. TERMINATION OR SUSPENSION
a. The Owner may, without cause, order the Contractor to terminate, suspend, delay or
interrupt the Work in whole or in part for such period of time as the Owner may determine.
i. If Owner issues a written order to delay, suspend, or interrupt the Work, and such
order is not due to or as a result of any fault on the part of the Contractor or any
subcontractor, the Contractor may recover a per diem amount of five hundred
dollars ($500.00) per day with a not-to-exceed limit of ten thousand dollars
($10,000.00).
ii. In the event of termination by the Owner under this Agreement, the Contractor
shall be entitled to receive its reasonable and documented direct costs prior to
termination, including the cost of materials purchased for the Work which
purchases cannot be canceled or which material cannot reasonably be used by the
Contractor on other work, and the cost of closing down the work in a safe and
efficient manner.
iii. If Owner elects to suspend or terminate the contract pursuant to subparagraphs
13.a.i. or 13 a.ii. the sole remedy available to the Contractor are those listed in the
subparagraphs and Contractor is not entitled to any right to further claims for any
amount owed or disputed or for payment of damages alleged to have been sustained
as a result of Owner's order to delay, suspend, or interrupt the Work.
b. The Owner may, with cause, order the Contractor to suspend, delay or interrupt the Work
in whole or in part for such period of time as the cause remains.
i. If Owner issues a written order to delay, suspend, or interrupt the Work, and such
order is due to or as a result of any fault on the part of the Contractor or any
subcontractor, the Owner may reduce payment at a per diem amount of five
hundred dollars ($500.00)per day.
c. Contractor may terminate the Contract if, at the Owner's written direction, the Work is
stopped for twenty one (21) consecutive days through no act or fault of the Contractor,
their agents or employees, or a subcontractor or their agents or employees or any other
person performing work pursuant to the Contract Documents. Contractor may terminate
the Contract if a Court or other Public authority having jurisdiction enters a lawful order
that requires all work to be stopped and such stoppage lasts for twenty one (21)
consecutive days.
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d. Either party may terminate this Agreement upon notice to the other party that obligations
pursuant to this Agreement are made impossible due to declarations of emergency by
Orange County or by North Carolina due to events directly impacting Orange County.
Both parties shall remain responsible for all payment and performance due up to the receipt
of such notice, but shall have no further obligation or responsibility beyond that date
provided the terminating party has taken all reasonable steps to complete the performance
of its obligations.
14. ENTIRE AGREEMENT
All of the documents listed, referenced or described in this Agreement, the written Notice-to-
Proceed, together with Modifications made or issued in accordance herewith are the Contract Documents,
and the work, labor, materials and completed construction required by the Contract Documents and all
parts thereof is the Work. The Contract Documents constitute the entire agreement between Owner and
Contractor. This Agreement may be amended only by written instrument signed by both parties.
Modifications may be evidenced by facsimile signatures. If any provision of the Agreement shall be
declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and
date first above written wholly or in a number of counterparts each of which shall, without proof or
accounting for other counterparts, be deemed an original contract.
ORANGE COUNTY CONTRACTOR
DocuSigned by: DocuSigned by:
&6KW't, t ammW Sb-� �� fi 006e4�
Signature Signature
County Manager Zachary T. woody President
Printed Name and Title
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DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
ORANGE COUNTY—DEPARTMENT USE ONLY
Party/Vendor Name: Full Circle Environmental, LLC Party/Vendor Contact Person: Zachary Woody Contact Phone: 919-
359-9984 Party/Vendor Address: 107 Lee Court City Cla3jon State: NC Zip: 27520 Department: Solid Waste Amount:
$29,130 Purpose: Walnut Grove Wastewater Disposal System Budget Code(s): 50351020-630000 Vendor#NA (N/A if
new vendor) Vendor is a BOCC consultant? Yes ❑No® Contract Type: (Check one)New® Renewal ❑ Amendment
❑ Effective Date 4-21-21 Approved by Board Yes❑No® Agenda Date:
This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this
project has not been initiated prior to execution of the agreement:
DocuSignetd11by:
Eg
6�u WI ARMS 4/26/2021
Department Director's Signature RRFRRFRdifO dQR Date:
Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have
already begun or been completed please briefly describe the nature of the emergency condition that was addressed:
Risk Management
This agreement is approved for sufficiency U1114@qQ
"b�a''��ndards, specifications,and requirements:
&A, rbvvulTb 4/26/2021
Office of the Risk Management Officer r Date:
Financial Services
This instrument has been pre-audited in t TU7tVff1ffWTftired by the Local Government Budget and Fiscal Control Act:
�� +� � 4/26/2021
Office of the Chief Financial Officer (' �F ,o,,,,,4 o Date:
Legal Services
This agreement is approved as to €aameanal sufficiency:
Office of the County Attorney p� Date:4/26/2021
6 ..
Clerk to the Board
Received for record retention:
All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov
The following signature block is for hard copies only and is not required for Docusign contracts:
Office of the Clerk to the Board Date:
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DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
Draper Aden Associates
Engineering+ Sm i-crmg • Environmental Services
114 Edinburgh South Drive
Suitc 200
Cary,North Carolina 27511
919.827.0864
wwwAaa.com
January 27, 2021
RE: REQUEST FOR PROPOSALS
Orange County Waste and Recycling Center—Sanitary Sewer Service Relocation
Draper Aden Associates Project No. R14592-225N2
Draper Aden Associates is soliciting proposals for the construction of approximately 1,200 linear feet of new 2"
Schedule 40 PVC piping, grinder pump and control, and installation of a wastewater pressure manifold and drainage
field. Work shall also include all necessary erosion control, excavation, shoring, grading, backfill, seeding, and
associated site work as shown and detailed on the drawings, as well as in accordance with Orange County standards.
Proposals will be received by Draper Aden Associates at 114 Edinburgh South Drive, Suite 200, Cary, North Carolina,
27511 until 2:00 PM (Local Time), Thursday, February 18t", 2021. Proposals must be emailed to saandy@daa.com
and rowilliams@oranciecounlync.ciov. Please confirm receipt of email.
The Contract Documents may be obtained or examined at the following locations:
Issuing Engineer Office — Draper Aden Associates, located at 114 Edinburgh South Drive, Suite 200, Cary, North
Carolina, 27511. Please feel free to use the service of your choice for hard copies of plans and specifications.
Work is to be substantially completed within 30 calendar days after the date when the contract times commence
and ready for final payment within 60 calendar days.
Should you have any questions, please do not hesitate to contact me at 919-827-0909.
Sincerely,
Draper Aden Associates
UN P'6
Steven R. Gandy, Ph.D., P.E.
Chief Engineer
Attachment: Orange County Waste and Recycling—Wastewater Disposal System Project Manual
Orange County Waste and Recycling —Wastewater Disposal System Plans
Cc: Bruce Woody
Cheryl Young
Andrew Martin
File
Blacksburg •C'harinllesrille •11CH assay •Nelihorl NelVS • Richmond• Valinia Beaeh
T'aYelleville •Raleigh
DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
ORANGE COUNTY SOLID WASTE MANAGEMENT
WALNUT GROVE WASTEWATER DISPOSAL SYSTEM
ORANGE COUNTY
NORTH CAROLINA
PROJECT MANUAL
ORANGE COUNTY
NORTH CAROLINA
Released for Proposal
Not for Construction
Prepared By:
Draper Aden Associates
r� Engineering • Surveying • Environmental Services
DAA Project Number: R00592-225N2
January 2021
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
TABLE OF CONTENTS
Formof Proposal......................................................................................................: 1-2
Technical Specifications
Submittal Procedures...................................................................................013300: 1-6
Quality Control .............................................................................................014500: 1-3
Product Requirements..................................................................................016000: 1-3
Execution Requirements ..............................................................................017000: 1-2
Orange County Technical Specifications
Clearing, Grubbing and Excavation............................................................33 00 00: 1-9
Sanitary Sewer...........................................................................................33 34 00: 1-19
Appendix
Appendix 1 — Soil/Site Evaluation for On-Site Wastewater System —Alan Clapp
Appendix 2 — General Conditions
Appendix 3 — Insurance Requirements
Appendix 4 —Affidavit, Non-Discrimination Certificate, and Non-Discrimination
Ordinance
Appendix 5 - Permits
Orange County Waste and Recycling For Proposal — Not for Construction
Walnut Grove Wastewater Disposal System TOC - 1
DAA PN R00592-225N2 August 2020
DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
FORM OF PROPOSAL
Draper Aden Associates Contract: Sanitary Sewer Service Relocation
114 Edinburg S Drive, Suite 200 Bidder:
PO Box 8181 Hillsborough, INC 27278 Date:
The undersigned, as bidder, hereby declares that the only person or persons interested in this proposal as
principal or principals is or are named herein and that no other person than herein mentioned has any interest in
this proposal or in the contract to be entered into; that this proposal is made without connection with any other
person, company or parties making a bid or proposal; and that it is in all respects fair and in good faith without
collusion or fraud. The bidder further declares that he has examined the site of the work and the contract
documents relative thereto, and has read all special provisions furnished prior to the opening of bids; that he has
satisfied himself relative to the work to be performed.
The Bidder proposes and agrees, if this Proposal is accepted, to contract with the Engineer in the form of contract
specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and
labor necessary to complete all construction of the subject project in accordance with the Drawings, and
Specifications, to the full and entire satisfaction of the Orange County and the Engineer, with a definite
understanding that no money will be allowed for extra work Contract Documents or executed change oreder for
the sum of:
SINGLE PRIME CONTRACT:
Description Unit Estimated Unit Price Total Cost
Quantity
Mobilization/Erosion LS 1
Control/Demobilization
Grinder Pump and Control LS 1
Tank 1500 al EA 1
Core Existing Concrete Tank EA 1
2" Schedule 40 PVC, including LF 1,200
excavation, backfill, and fittings
Pressure Manifold and Drainage Field LS 1
Misc LS 1
Items, materials not specifically identified as a unit line item, but nesscessary to complete the project as
shown on the plans and in the technical specifications are considered incidental and shall be included
in the cost of one of the line items above. Contractor shall determine which line item to include the
additional costs based on related items or the sequencing of tasks.
Total Base Bid Price:
Dollars($)
(In Words)
Contractor License Number:
The bidder further proposes and agrees hereby to commence work under this contract on a date to be specified in a written order of the
designer and shall fully complete all work thereunder within the time specified in the General Conditions Article 13. Applicable liquidated
damages amount is also stated in the General Conditions Article 13.
DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
Proposal Signature Page
Respectfully submitted this day of
(Name of firm or corporation making bid)
WITNESS: By:
Signature
Name:
(Proprietorship or Partnership) Print or type
Title
(Owner/Partner/Pres./V.Pres)
Address
ATTEST:
By: License No.
Title: Federal I.D. No.
(Corp. Sec. or Asst. Sec. only)
Email Address:
(CORPORATE SEAL) Phone:
Addendum received and used in computing bid:
Addendum No. 1 Addendum No. 3 Addendum No. 5 Addendum No. 6
Addendum No. 2 Addendum No. 4 Addendum No. 6 Addendum No. 7
DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
SUBMITTAL PROCEDURES - 013300
PART 1 - GENERAL
1.1 SECTION INCLUDES
A. This Section includes, but is not limited to, requirements for the following:
1. Submittal procedures
2. Construction progress schedule
3. Schedule of values
4. Project record documents
5. Certificates of compliance
6. Catalog data
7. Shop drawings
8. Manufacturer's installation procedures
9. Samples
10. Warranties
11. Spare parts and maintenance materials
1.2 SUBMITTAL PROCEDURES
A. Transmit each submittal with cover letter to the Engineer:
Draper Aden Associates — 114 Edinburgh South Drive, Suite 200 Cary, North
Carolina, 27511
B Sequentially number transmittal forms. Re-submittals are to have original
number with an alphabetic suffix.
C. Cover letter for each submittal package shall list the following:
1. Contractor's Name:
2. Project Name: Walnut Grove Wastewater Disposal System
4. Draper Aden Associates PN R00592-225N2
D. Individual submittals shall each be listed by the following information:
1. Submittal reference number
2. Specification section number
3. Drawing and detail number when appropriate
4. Equipment
5. Type submittal
6. Supplier
7. Manufacturer
E. Apply Contractor's stamp to each submittal signed or initialed and dated,
certifying that Contractor has reviewed submittal for conformance with
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SUBMITTAL PROCEDURES - 013300
requirements of Contract Documents, and has coordinated submittal with
related work.
F. Schedule submittals to expedite Project, and deliver to coordinate
submission of related items. Allow a minimum of fifteen (15) working days
for Engineer's review.
G. Identify variations from Contract Documents and Product limitations as
they relate to the satisfactory performance of the Project.
H. Provide space for Contractor and Engineer review stamps.
I. Revise and resubmit submittals as required — identify changes made since
previous submittal.
J. Distribute copies of reviewed submittals to concerned parties. Instruct
parties to promptly report inability to comply with provisions.
K. Work requiring submittal review by Engineer shall not be started until
review has been obtained.
L. Engineer's review of submittals shall not relieve Contractor of
responsibility for complete compliance with Contract Documents.
1.3 ADMINISTRATIVE SUBMITTALS
A. Construction Progress Schedule
1. Submit five (5) copies of the initial progress schedule 15 days after
date of Agreement. One copy shall be returned to the Contractor.
2. Progress schedule shall be, as a minimum, a horizontal bar chart
with a separate line for each major section of Work. Identify the first
workday of each week.
3. Show complete sequence of construction by activity, identifying
Work of separate stages and other logically grouped activities.
Indicate the early and late start, early and late finish, float dates,
and duration.
4. Indicate the expected monthly pay requests.
5. Submit revised schedule with each Application for Payment as
required for updating, identifying changes since previous
version. Indicate estimated percentage of completion for each
item of Work at each submission.
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SUBMITTAL PROCEDURES - 013300
6. Indicate submittal dates required for critical shop drawings, product
data, samples, and product delivery dates including those furnished
by others and items listed under Allowances.
7. Indicate specific work sequences and requirements.
B. Schedule of Values
1. Submit three (3) copies of the schedule of values at least three (3)
weeks prior to the first partial payment request. Schedule shall
divide the lump sum contract items into major work tasks. Use the
table of contents as a guide for itemizing the schedule. Schedule
will be used only as a basis for review of the Contractor's request
for payment.
2. Engineer may request additional delineation of work tasks and
supporting data of the values, as he deems appropriate. Revise
schedule and resubmit if requested.
3. Revise schedule to list approved Change Orders, with each request
for payment.
C. Project Record Documents
1. Maintain on site, one set of the following record documents;
record actual revisions to the Work:
a. Contract Drawings
b. Contract Documents and Specifications
C. Addenda
d. Change Orders and other Modifications to the Contract
e. Reviewed Submittals
2. Store Record Documents separate from documents used for
construction.
3. Record information concurrent with construction progress.
4. Specifications: Legibly mark and record at each Product section
description of actual Products installed, including the following:
a. Manufacturer's name, product model and number
b. Product substitutions or alternates utilized
C. Changes made by Addenda and Modifications
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SUBMITTAL PROCEDURES - 013300
5. Record Documents and Shop Drawings: Legibly mark each item
to record actual construction including:
a. Measure and reference horizontal and vertical locations of
underground utilities and appurtenances to permanent
surface improvements.
b. Field changes from construction Drawings.
C. Details not on original Contract Drawings.
6. Submit documents to engineer with final Application for Payment.
1.4 TECHNICAL SUBMITTALS
A. General: Submit the following, in the number indicated, as required by the
individual sections of the technical specifications.
B. Certificates of Compliance
1. Submit Manufacturer's Certificates of Compliance, in quantities
specified for Shop Drawings.
2. Certificates shall certify that the Products delivered to the project
are in conformance with the Specifications.
3. Certificates may be recent or previous test results on Product, but
must be acceptable to Engineer.
4. Certification shall not relieve the Contractor of responsibility for
complying with requirements of the Specifications.
C. Catalog Data
1. Submit copies of manufacturers' standard catalog cuts of Products
to be used in the Work.
2. When shop drawings are not required, the catalog data shall
include the following as a minimum:
a. Parts schedule that identifies the materials to be used in
each of the various parts.
b. Sufficient detail to serve as a guide for assembly and
disassembly of the product and to serve as guide for
ordering parts.
3. Mark each copy to identify applicable products, models options,
and other data. Supplement manufacturers' standard data to
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SUBMITTAL PROCEDURES - 013300
provide information unique to this Work in the Shop Drawing
submittal.
4. Submit the number of copies as follows:
a. Products specified by a national standard: Submit three (3)
copies. This data is for the general information of the
Engineer and for use by the Owner for operation and
maintenance and will not be returned to the Contractor.
b. Other Products: Submit the number of copies specified for
the Shop Drawing.
D. Shop Drawing
1. Submit the number of copies that Contractor requires, plus three (3)
copies that will be retained by Engineer.
2. Shop drawings shall consist of drawings, diagrams, illustrations,
schedules, performance charts, brochures and other data, prepared
specifically for a portion of the Work. Shop Drawings shall indicate
the type, size, quantity, arrangement, location, mode of operation,
component materials, utility connections, wiring and control
diagrams, anchorages, supports, factory applied coatings, and
other information necessary to ensure satisfactory fabrication,
installation and operation of the completed Work. Shop Drawings
shall establish the actual detail of manufactured or fabricated items,
indicate proper relation to adjoining work, amplify design details of
mechanical and electrical equipment in proper relation to physical
spaces in the structure, and incorporate minor changes to design
and construction to suit actual requirements.
E. Manufacturer's Installation Procedures
1. Submit manufacturers' installation procedures to Engineer for review
in the quantities specified for Shop Drawings.
F. Samples
1. Submit samples as required by the individual specification sections.
Samples shall be physical examples to illustrate the materials and
workmanship. Submit in sufficient size and quantity to clearly
illustrate the functional characteristics of the Product, with integrally
related parts and attachment devices, and the full range of color to
be provided.
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SUBMITTAL PROCEDURES - 013300
G. Warranties
1. Provide copies of Product warranties as required by the individual
sections of the specifications.
2. Provide duplicate notarized copies.
3. Execute and assemble documents from Subcontractors, suppliers,
and manufacturers.
4. Provide Table of Contents and assemble in three D size ring binder
with durable plastic cover.
5. Submit prior to final Application for Payment.
6. For items of Work delayed beyond date of Substantial Completion,
provide updated submittal within 10 days after acceptance, listing
date of acceptance as start of warranty period.
H. Spare Parts and Maintenance Materials
1. Provide recommended manufacturer's list of spare parts,
maintenance, and extra material as specified in individual sections.
END OF SECTION
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DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
QUALITY CONTROL - 014500
PART 1 GENERAL
1.01 REQUIREMENTS INCLUDED
A. General quality assurance and control
B. References
C. Manufacturer's instructions, certificates, field services, and reports
D. Testing laboratory services.
1.02 RELATED REQUIREMENTS
A. Section 013300 Submittal Procedures
1.03 GENERAL QUALITY CONTROL
A. Maintain quality control over suppliers, manufacturers, products, services,
site conditions, and workmanship, to produce work of specified quality.
B. Comply with industry standards except when more restrictive tolerances or
specified requirements indicate more rigid standards or more precise
workmanship.
C. Perform work by persons qualified to produce workmanship of specified
quality.
D. Secure products in place with positive anchorage devices and sized to
withstand stresses, vibration, physical distortion, and disfigurement.
1.04 REFERENCES
A. Conform to the referenced standards and Standard Specifications.
B. Specific provisions of codes, regulations and standards may be
referenced in individual Specifications to assist the Contractor and identify
options selected by the Engineer. Such references do not relieve the
Contractor from compliance with other applicable provisions of codes,
regulations, and standards not specifically referenced.
C. Should specified reference standards conflict with Contract Documents,
request clarification from Engineer before proceeding.
1.05 MANUFACTURER'S INSTRUCTIONS AND CERTIFICATES
A. Comply with manufacturer's instructions in full detail, including each step
in sequence. Should instructions conflict with Contract Documents,
request clarification from Engineer before proceeding.
B. When required by individual Specifications Section, submit manufacturer's
certificate that products meet or exceed specified requirements.
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DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
QUALITY CONTROL - 014500
1.06 MANUFACTURER'S FIELD SERVICES AND REPORTS
A. When specified in respective Specification Sections, require supplier,
manufacturer, or installer, to provide qualified personnel to observe field
conditions, conditions of surfaces and installation; quality of workmanship;
start-up of equipment; test, adjust, and balance of equipment as
applicable; and to make appropriate recommendations.
B. Manufacturer's representative shall submit a written report to Engineer
listing observations, site decisions, and instructions that are supplemental
or contrary to manufacturer's written instructions. The manufacturer's
representative shall certify that the materials and/or equipment has been
properly installed and is functioning correctly.
1.07 TESTING
Provide all testing specified in individual Specification Sections. All testing
services shall be arranged for and paid by the Contractor unless otherwise
indicated in the Contract Documents.
1.08 INSPECTION AND TESTING LABORATORY SERVICES FOR CONCRETE
AND SOILS
A. Where reference is made in the Specifications to tests, inspections,
independent designs, etc., such services shall be furnished by the
contractor. All costs for providing such services shall be paid for by the
contractor.
B. All arrangements for the testing work shall be made by the Contractor. 48
hour notice is required. Whenever inclement weather does not provide
suitable testing conditions, the Contractor shall be responsible for
cancellation notice to the testing agency. Any costs incurred because of
failure to provide adequate cancellation notice shall be borne by the
Contractor. Engineer shall be notified of arrangements made for testing
work.
C. If a test fails to meet specification requirements, then the area represented
by that test shall be reworked and retested at the Contractor's expense.
Any additional testing required to verify previously failing tests shall be at
the Contractor's expense. All corrective measures shall be documented in
the Quality Control reports.
D. Test reports shall be supplied by the contractor within 3 days of the
completion of such testing.
Orange County Waste and Recycling For Proposal — Not for Construction
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DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
QUALITY CONTROL - 014500
PART PRODUCTS
NOT USED
PART 3 EXECUTION
NOT USED
END OF SECTION
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DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
PRODUCT REQUIREMENTS - 016000
PART1 GENERAL
1.1 SECTION INCLUDES
A. Products.
B. Transportation and handling.
C. Storage and protection.
D. Product options.
E. Substitutions
1.2 PRODUCTS
A. Products: Means new material, machinery, components, equipment,
fixtures, and systems forming the Work. It does not include machinery
and equipment used for preparation, fabrication, conveying, and erection
of the Work. Products may also include existing materials or components
specified in the Contract Document for reuse.
1.3 TRANSPORTATION AND HANDLING
A. Transport and handle Products in accordance with manufacturer's
instructions.
B. Ship fabricated assemblies in largest sections permitted by carrier
regulations and properly marked for ease of field erection.
C. Promptly inspect shipments to assure that Products comply with specified
requirements, quantities are correct, and Products are undamaged.
D. Provide equipment and personnel to handle Products by methods to
prevent soiling, disfigurement, or damage.
1.4 STORAGE AND PROTECTION
A. Keep on site storage of material to a minimum.
B. Store and protect Products in accordance with manufacturer's instructions
in unopened original packages, with seals and labels intact and legible.
Store sensitive Products in weather-tight, climate-controlled enclosures.
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DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
PRODUCT REQUIREMENTS - 016000
C. For exterior storage of fabricated Products, place on sloped supports,
above ground.
D. Provide off site storage and protection when site does not permit on site
storage.
E. Cover Products subject to deterioration with impervious sheet covering.
Provide ventilation to avoid condensation.
F. Store loose granular Products on solid flat surfaces in a well-drained area.
Prevent mixing with foreign matter.
G. Arrange storage of Products to permit access for inspection. Periodically
inspect to assure Products are maintained under specified conditions.
1.5 DAMAGED PRODUCTS
A. Remove damaged Products from Project site.
1.6 PRODUCT OPTIONS
A. Products Specified by Reference Standards: Product meeting standard
and specific requirements of these specifications.
B. The Contract, if awarded, will be on the basis of materials and equipment
specified or described in the Bidding Documents, or or-equal materials
and equipment as defined in the General Conditions, or those substitute or
materials and equipment approved by the Engineer and identified by
Addendum. The materials and equipment described in the Bidding
Documents establish a standard of required type, function and quality to
be met by any proposed substitute or or-equal item. Request for
Engineer's clarification of materials and equipment considered or-equal
prior to the Effective Date of the Agreement must be received by the
Engineer at least 15 days prior to the date for receipt of Bids. No item of
material or equipment will be considered by Engineer as a substitute
unless written request for approval has been submitted by Bidder and has
been received by Engineer at least 15 days prior to the date for receipt of
Bids. Each request shall conform to the requirements of the General
Conditions. The burden of proof of the merit of the proposed item is upon
the Bidder. Engineer's decision of approval or disapproval of a proposed
item will be final. If Engineer approves any proposed substitute item, such
approval will be set forth in an Addendum issued to all prospective
Bidders. Bidders shall not rely upon approvals made in any other manner.
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PRODUCT REQUIREMENTS - 016000
1.7 SUBSTITUTIONS
A. Engineer will consider requests for Substitutions only within 30 days after
date of Owner-Contractor Agreement.
B. Substitutions after receipt of bids will not be allowed for any reason other
than a product becoming unavailable.
C. Document each request with complete data substantiating compliance of
proposed Substitution with Contract Documents.
D. Request constitutes a representation that Contractor:
1. Has investigated proposed product and determined that it meets or
exceeds the quality level of the specified product.
2. Shall provide same warranty for Substitution as for specified product.
3. Shall coordinate installation and make changes to other Work which
may be required for the Work to be complete with no additional costs
to Owner.
4. Waives claims for additional costs or time extension that may
subsequently become apparent.
5. Shall reimburse Owner for review or redesign services associated with
reapproval by authorities.
E. Substitutions will not be considered when they are indicated or implied on
shop drawing or product data submittals, without separate written request,
or when acceptance will require revision to the Contract Documents.
F. Substitution Submittal Procedure:
1. Submit three copies of request for Substitution for consideration. Limit
each request to one proposed Substitution.
2. Submit shop drawings, product data, and certified test results attesting
to proposed product equivalence.
3. Engineer will notify Contractor, in writing, of decision to accept or reject
request.
PART 2 PRODUCTS
NOT USED
PART 3 EXECUTION
NOT USED
END OF SECTION
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DAA PN R00592-225N2 August 2020
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
EXECUTION REQUIREMENTS - 017000
PART1 GENERAL
1.1 SECTION INCLUDES
A. Construction Sequence.
B. Close out procedures.
C. Final Cleaning.
D. Adjusting.
1.2 CONSTRUCTION & COMMISSIONING SEQUENCE
1. Obtain plan approval and other applicable permits.
2. Schedule preconstruction meeting with Owner, Engineer, and necessary
personnel.
3. Install erosion and sediment control as necessary to adequately contain
soils, erosion, and sediment within the project area.
4. Protect drainage system area.
5. Remove topsoil from area of construction and stockpile in the designated
area.
6. Install drainage system and pressure manifold.
7. Install 2" Schedule 40 PVC forcemain.
8. Install grinder and forcemain pump within existing concrete tank. Install
pump control panel.
9. Core existing concrete tank.
10.Connect piping to grinder and pump.
11.Contact OWASA and Engineer for inspection. Inspection and acceptance
of the work shall be completed by both the Engineer and an OWASA
representative.
12.Backfill excavations in compliance with project specifications.
13.Replace stockpiled topsoil and seed disturbed areas.
14.Test pump control panel.
15.After the site is stabilized and when directed by the Engineer, remove all
temporary erosion and sediment control measures and install permanent
vegetation.
1.3 CLOSE OUT PRODEDURES
A. Submit written certification that Contract Documents have been reviewed,
Work has been inspected, and is complete in accordance with Contract
Documents and ready for Engineer's inspection.
B. Provide submittals to Engineer that are required by governing or other
authorities.
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EXECUTION REQUIREMENTS - 017000
C. Submit set of Record Documents indicating changes during construction as
required in Section, Submittal Procedures.
D. Submit final Application for Payment identifying total adjusted Contract Sum,
previous payments, and final amount due.
E. Submit the following with final Application for Payment:
1. Affidavit of Release of Liens
2. Consent of Surety for Final Payment
3. Affidavit of Payment of Debts and Claims
4. Final Certified Payroll Information
F. Submit warranties as required by individual equipment specifications.
1.4 FINAL CLEANING
A. Clean Project prior to final inspection. Project clean up shall include, but not
be limited to, the following:
1. Sweep paved areas.
2. Rake clean landscaped surfaces.
3. Remove waste, and surplus materials.
4. Remove temporary construction facilities.
1.5 FINAL INSPECTION AND TESTS
A. Complete punch list items within 30 days of receipt from Engineer. Owner
may have work not completed within 30 days performed by others with the
cost deducted from the Contractor's final payment. Additional engineering
and inspection services required as a result of Contractor not completing
punch list within 30 days shall be at Contractor's expense.
PART 2 PRODUCTS
NOT USED
PART 3 EXECUTION
NOT USED
END OF SECTION
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DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
SECTION 31 00 00 - CLEARING, GRADING AND EXCAVATION
PART 1 - GENERAL
1.1 DESCRIPTION OF WORK
A. Drawings and general provisions of the Contract, including General and
Supplemental Conditions and Division I Specification Sections, apply to
this Section.
B. This item shall consist of the removal and satisfactory disposal of all
materials excavated within the limits specified by the Engineer including
the road right-of-way, unsuitable subgrade material, and the replacement
with satisfactory materials and such excavation as is necessary for berm,
inlet, outlet, and lateral drainage ditches and for the formation,
compaction, and shaping of all embankments, fills, subgrade, shoulders,
slopes, and roadways to conform to the lines and grades and typical
cross-sections shown on the Plans.
C. It shall also include the removal and proper disposal of all stripping, fence,
trees, hedge rows, pipes, walls, steps and existing asphalt and concrete
surfaces, existing sidewalk and curb and gutter, raising and/or adjusting
the tops of all existing valve boxes and manhole tops, as required.
1.2 RELATED WORK IN OTHER SECTIONS
A. Control of Erosion, Siltation, and Pollution: Section 31 25 00
B. Seeding and Mulching: Section 32 92 00
1.3 QUALITY ASSURANCE
A. Contractor shall consult with the Owner and the Engineer prior to
beginning clearing. A full understanding shall be reached as to procedure.
The Contractor shall then conduct clearing and/or grubbing operations in
strict accordance with these agreements.
B. Compaction shall be completed in accordance with the standards of
ASTM D-698 as amended.
C. The Owner shall retain the services of a testing laboratory to perform all
tests required at the project site. In areas of fill and backfill, field density
tests shall be performed in sufficient numbers to insure that the specified
density is obtained. These tests shall be made at no cost to the
Contractor, except as follows.
1. Areas in which testing reveals compaction below the specified
density shall be reworked, or removed and replaced by the
Contractor until specified compaction is obtained. In the event
Orange County DAA PN R00592-225N2
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SECTION 31 00 00 - CLEARING, GRADING AND EXCAVATION
results fail after reworking material, the Contractor shall be liable for
retesting.
2. The Contractor shall be responsible for the cost of testing of borrow
material which shall include standard density tests (Proctor curves).
1.4 CLASSIFICATION OF EXCAVATION
A. The following classifications of excavation will be made:
B. Earth excavation includes excavation of obstructions visible on the
surface; other items indicated to be demolished and removed; together
with earth and other materials encountered that are not classified as solid
rock, undercut excavation, or unauthorized excavation.
C. Rock and Boulder Excavation:
1. The following material classifications, based on the type of
excavation equipment required, shall be used to identify materials
for payment:
a) Soil, Partially Weathered Rock, or Rippable Rock — Soil,
partially weathered rock (PWR), or Rippable Rock shall be
defined as any material that can be removed by a Caterpillar
350 excavator or equivalent.
b) Rock- Rock shall be defined as any material that cannot be
removed by a Caterpillar 350 excavator or equivalent. The
methodology for excavating such material shall be approved
by the ENGINEER per North Carolina Department of
Environment and Natural Resources (NCDENR) approval.
BLASTING WILL NOT BE ALLOWED, in portions of the
project delineated on the plans.
c) Intermittent drilling, blasting, or ripping performed to increase
production and not necessary to permit excavation of
material encountered will be classified as earth excavation.
d) Do not perform rock excavation work until material to be
excavated has been cross-sectioned and classified by the
Contractor, and such information provided to the Engineer
for approval. Such excavation will be paid on basis of
Contract Conditions relative to changes in work.
e) Rock payment lines are limited to the following:
(1) Two (2) feet outside of concrete work, for which forms
are required, except foundations.
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SECTION 31 00 00 - CLEARING, GRADING AND EXCAVATION
(2) One (1) foot outside perimeter of foundations.
(3) In pipe trenches, six (6) inches below invert elevation
of pipe and two (2) feet wider than inside diameter of
pipe, but not less than three (3) feet minimum trench
width.
(4) Outside dimensions of concrete work where no forms
are required.
(5) Under slabs on grade, six (6) inches below bottom of
concrete slab.
D. Where rock is encountered, it shall be uncovered but not excavated until
measurements have been made in the presence of the ENGINEER. The
means of excavation shall be subject to approval by the ENGINEER.
There will not be additional payment for excavation of partially weathered
rock or rippable rock.
D. Undercut excavation shall consist of the excavation and disposal of
unsuitable materials below the proposed subgrade, as directed by the
Engineer, and the proper disposal of the material at designated areas on-
site or off-site as provided by the Contractor.
E. Off-site select material shall consist of the excavation, hauling, placement,
and compaction of select material, only for the replacement of undercut
areas, as directed by the Engineer, from a location off the project site as
arranged by the Contractor.
F. On-site select material shall consist of the excavation, movement,
placement, and compaction of the select material, only for the
replacement of undercut areas, as directed by the Engineer. This work
shall be included in the unit price for common excavation.
1.5 GEOTECHNICAL DATA
A. A subsurface (geotechnical) investigation and soil analyses have been
performed. The report and test boring records from the investigation are
included in the Appendix with the boring logs keyed to the site plan.
B. Subsurface test boring records, analyses, and formal reports are provided
for information, and neither the Engineer nor the Owner guarantee
subsurface conditions to actually be as shown, indicated, or implied.
PART 2 - PRODUCTS
2.1 BORROW MATERIAL
Borrow material shall consist of a sandy-clay or clayey-sand soil, which shall be
free from trash, debris, stone, vegetable matter, or other indigenous material. It
shall have an optimum, compacted dry unit weight of approximately 120 pcf or
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SECTION 31 00 00 - CLEARING, GRADING AND EXCAVATION
greater. The source of borrow materials shall be approved by the Engineer. The
Contractor shall submit Proctor density curves for each source of borrow material
for approval.
2.2 CRUSHED STONE
Crushed stone for foundation preparation or for use as backfill in event of over
excavation, shall be uniform, clean and shall conform to ASTM C-33, size no. 57,
or size no. 67 as directed by the Engineer.
2.3 CONCRETE
Concrete for use as backfill in event of over excavation, as directed by the
Engineer, shall have a compressive strength of 2,000 psi or greater.
2.4 TOPSOIL
Topsoil shall consist of natural loamy soil suitable as surfacing for lawns or
roads, occurring usually in a surface layer of 6" to 18" thick. Topsoil shall be
removed from the work sites and shall be stockpiled for subsequent use.
PART 3 - EXECUTION
3.1 PRELIMINARY WORK
Key sedimentation and soil erosion control measures shall be installed prior to
beginning significant clearing operations.
3.2 CLEARING, GRUBBING, AND STRIPPING
A. Where trees or brush exist at the site of the work, the construction areas
shall be cleared and trees, stumps, and roots grubbed. All areas shall be
stripped to such depth as to remove turf, roots, organic matter, and other
objectionable materials. Only those trees that seriously interfere with
construction shall be cut and care shall be exercised to protect remaining
trees and adjacent property. All brush, stumps, laps, roots, and logs shall
be removed from the entire construction area and disposed of offsite to
the Engineer's satisfaction. Marketable wood mass shall be harvested
and sold with revenue belonging to the Contractor. No open burning shall
be allowed. Minor debris, pipes, and debris that may be on the site shall
be removed and disposed of to the satisfaction of the Engineer.
B. The operations of the Contractor shall be conducted with full consideration
of all the proper and legal rights of the Owner, and of adjacent property
owners and the public, and with the least possible amount of
inconvenience to them.
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SECTION 31 00 00 - CLEARING, GRADING AND EXCAVATION
C. All pollutable waste material shall be properly disposed in the nearest
landfill unless otherwise approved by the Engineer. Other wastes shall be
disposed at a convenient site located by the Contractor, subject to the
approval of the Engineer.
3.3 GENERAL
A. Excavation and grading shall include all site grading, roadway and
driveway, trench and structure excavation, backfill, dike, and embankment
construction. Excavation and grading shall also include borrow, disposal
of excess material off-site as indicated, procuring and placing topsoil,
cleanup, and dressing off. This item shall also include all necessary
dewatering, soil aeration (drying), sheathing, bracing, cofferdam work,
pumping, blasting, and protection.
B. All excavation and grading shall be confined to the construction area, as
shown on the Plans, and shall be done in an approved manner, with
proper equipment.
C. Comply with local codes, ordinances, and requirements of agencies
having jurisdiction.
D. All construction operations shall be accomplished in accordance with
applicable regulations of the North Carolina Department of Labor,
Occupational Safety and Health Division. Copies of these standards may
be obtained from the North Carolina Department of Labor, 413 North
Salisbury Street, Raleigh, North Carolina.
E. Slope sides of excavations are to comply with codes, ordinances, and
requirements of agencies having jurisdiction. Shore and brace where
sloping is not possible because of space restrictions or stability of material
excavated. Maintain side slopes of excavations in a safe condition until
completion of backfilling.
F. The Contractor shall be responsible for any dewatering required for site
grading. The Contractor shall provide and maintain whatever means
required for dewatering including ditching, drains, pumping, bailing, and
well pointing.
G. Prevent surface water and subsurface or groundwater from flowing into
excavations and from flooding project site and surrounding area.
1. Do not allow water to accumulate in excavations. Remove water to
prevent softening of foundation bottoms, undercutting footings, and
soil changes detrimental to stability of subgrades and foundations.
Provide and maintain pumps, well points, sumps, suction and
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SECTION 31 00 00 - CLEARING, GRADING AND EXCAVATION
discharge lines, and other dewatering system components
necessary to convey water away from excavations.
2. Establish and maintain temporary drainage ditches and other
diversions outside excavation limits to convey rain water and water
removed from excavations to collecting or runoff areas. Do not use
trench excavations as temporary drainage ditches.
H. Site grading shall conform to the grades indicated by the finish contours,
cross-sections, and/or spot elevations on the Plans. Accuracy of finished
grades shall be ±0.1 ft. Where topsoil, stone base, or other items are
shown or called for, the rough grade shall be finished to such depth below
finish grade as is necessary to accommodate these items. Excavation
shall be made to the elevations, slopes, and limits called for on the Plans.
I. All exposed soils in areas of cuts shall be proof rolled with a 15 to 20 ton
pneumatic roller to locate any unconsolidated material. Should soft or
unsuitable material be encountered at subgrade elevation, such material
shall be removed and replaced with acceptable compacted borrow
material, as directed by the Engineer.
J. Fills, berms, dikes, and embankments shall be constructed of material that
is reasonably free from grass, roots, rock, or other objectionable material.
Where natural slopes exceed 4:1, horizontal benches shall be cut to
receive fill material. Slopes of less than 4:1 and other areas shall be
scarified prior to placing fill material. Keyways under dikes shall be
constructed where indicated.
K. Fills shall be formed of acceptable material placed in successive layers of
not over 8 inches loose thickness for the full width of section, where
practical. Where rock is excavated along with other material, it may be
incorporated in fill sections which are not to support pavement or
structures, and which lie outside the core areas of dikes (defined as the
area within a 1:2.5 slope from the top edges of dikes). Rock shall be
evenly distributed. Rock fragments larger than 4 inches in greatest
dimension will not be allowed in the top 12 inches of fills or slopes. Voids
between rock material are to be well filled with good material, and all rock
shall be covered with at least 24 inches of earth.
L. Materials for fills shall be spread evenly and the compaction equipment
routed over the work to obtain uniform compaction. Fills under areas
designated for structures and in dikes shall be compacted by approved
equipment, to ninety-five percent (95%) of the Standard Proctor Maximum
Dry Density as defined by ASTM D-698 as amended, except within two
feet of subgrade where the fill shall be compacted to at least ninety-eight
percent (98%) of Standard Proctor Maximum Dry Density. Fills under
roadways and future paved surfaces shall be compacted to ninety-five
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SECTION 31 00 00 - CLEARING, GRADING AND EXCAVATION
percent (95%) of Standard Proctor Maximum Dry Density. Fills in other
areas shall be compacted to at least ninety percent (90%) of Standard
Proctor Maximum Dry Density.
M. Compaction moisture control shall be maintained between -1 and +3
percent optimum moisture content as determined by ASTM D-698 or as
directed by the Engineer. Material that is too dry for proper compaction
shall be moistened by suitable watering devices, turned and harrowed to
distribute the moisture, and then properly compacted. When material is
too wet for proper compaction, fill soils shall be dried prior to compaction.
The soils shall be dried by aeration disking, harrowing, or other methods
until the materials can be compacted to the specified density. Select
material, as needed, will be provided from the work site or other
acceptable source.
N. All cuts, fills, and slopes shall be neatly dressed off to the required grade
or subgrade, as indicated on the Plans.
O. At locations designated on the Plans and/or as designated by the
Engineer, the Contractor shall remove unsuitable material within the limits
as directed and backfill with suitable material properly compacted to the
finished subgrade. Undercut material may be used elsewhere on the
project if the Engineer determines that it is suitable for the purpose. If it
cannot be used, the Contractor shall dispose of it as directed herein
before.
P. Foundation excavations shall be made at the locations shown on the plans
and to the exact subgrade required. Bottoms of excavations are to be
level and in firm, solid, material, with soft material or voids treated as
specified below. Excavated area shall be kept free of water during the
construction period. Space shall be provided outside of footings and walls
for placing forms and pointing masonry.
Q. Where necessary, the sides of excavation shall be shored and sheathed,
or cofferdams built, as required for protection of the work and employees.
R. Should soft or unsuitable material be encountered at subgrade elevation,
such material shall be removed and replaced with acceptable compacted
select material, obtained on-site or off-site at the direction of the Engineer.
Any other excavation below grade shall be replaced with good material,
without additional compensation therefor.
S. Should the specified depth for foundations prove insufficient to reach firm
ground, the Engineer shall be notified and shall furnish instructions for
proceeding with the work. Wherever footing elevations change, step-
downs shall be made at a 2:1 ratio, unless otherwise shown. Connections
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SECTION 31 00 00 - CLEARING, GRADING AND EXCAVATION
between step-downs shall be of poured concrete of the same cross-
section as the footing connected.
T. Where blasting is required, it shall be done by experienced personnel and
every needed precaution taken to protect persons and property from
injury. No blasting for rock excavation will be allowed whenever there are
existing structures or pipelines except by permission of the Engineer, and
only when the Contractor provides a suitable vibration-monitoring device
and can demonstrate that vibrations to adjacent structures and piping will
not cause damage. All responsibility for damages rest on the Contractor.
U. Backfill around structures and other facilities shall be completed as soon
as possible, in conformance with the following:
Backfill not required for structural fill shall consist of clean acceptable
earth, free from trash, brick bats, wood, large rocks, vegetable matter and
other injurious material. It shall be placed in 8" layers and thoroughly
compacted by mechanical tamps to 90% of the Standard Proctor
Maximum Dry Density as defined by ASTM D-698 as amended, with any
subsequent settlement being refilled. Care shall be taken to protect piping
or other utilities during backfill operations. Excessively wet, soupy or
mucky material shall be removed from the area around structures prior to
backfill being placed and no such material shall be used for backfill
purposes.
Backfill around non-waterholding structures shall be completed upon
completion of the structure above finish grade, and all piping has been
properly installed and tested. Unless approved by the Engineer,
structures that are to contain liquids shall not be backfilled until
successfully tested for leakage. It shall be the responsibility of the
Contractor to protect all structures from damage due to floatation prior to
backfill being placed.
3.4 FINE GRADING, PLACEMENT OF TOPSOIL, AND CLEANUP
A. Upon completion of excavation, grading, and backfill, the entire work area
shall be fine graded and dressed off to the indicated grades. At least 4" of
topsoil shall be placed on all disturbed non-paved areas, except for the
interior slopes and bottom of storage lagoon, with the final level of topsoil
conforming to the design finished elevations. Topsoil shall be obtained
from off-site sources if required. Topsoil shall be free of debris, sticks,
excessive amounts of weeds, and other deleterious substances.
B. Upon completion of the fine grading and placement of topsoil, the entire
site shall be cleaned up and dressed off and all excess material and
debris disposed of to the Owner's and the Engineer's satisfaction. All
areas to be seeded shall be "broom dragged" and/or hand raked.
Orange County DAA PN R00592-225N2
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SECTION 31 00 00 - CLEARING, GRADING AND EXCAVATION
END OF SECTION 31 00 00
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SECTION 33 34 00 - FORCE MAINS
PART 1 -GENERAL
1.1 SCOPE
Work covered under this section of these specifications consists of the construction of force main
lines and miscellaneous pipework, including all valves, fittings, and appurtenances. The scope of
work shall be as detailed on the plans and itemized in the bid and shall include all material,
equipment, labor and other items required for proper acceptable completion.
1.2 WORK IN OTHER SECTIONS
A. Sanitary Sewers: Section 33 30 00
1.3 QUALITY ASSURANCE
A. Standards:
1. American Society for Testing and Materials
a) ASTM D2241
b) ASTM D1784
c) ASTM D1598
d) ASTM D1599
e) ASTM D2152
B. Commercial Standard
1. CS C5 256
1.4 SUBMITTALS
A. Shop drawings shall be submitted to the Engineer for the following items:
1. Gate Valves
2. Precast Manholes
3. Air Release Valves
4. Vacuum Valves
5. Plug Valves
B. Manufacturer's certifications shall be submitted to the Engineer certifying that the
following materials meet all requirements of the specifications:
1. Force Main Pipe
2. Force Main Pipe Fittings
C. Mix designs for concrete and asphalt shall be submitted to the Engineer for approval, if
requested by the Engineer.
1.5 SUBSURFACE INVESTIGATIONS
A. Subsurface investigations have only been performed for the package plant site. It shall
be the Contractor's responsibility to review this information, as included in the
Contract Documents as Appendix A and perform any additional investigations
deemed necessary before submitting a bid.
Orange County DAA PN R00592-225N2
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SECTION 33 34 00 - FORCE MAINS
Orange County DAA PN R00592-225N2
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SECTION 33 34 00 - FORCE MAINS
PART 2 - PRODUCTS
2.1 GENERAL
A. All material and appurtenances shall meet the following minimum standard requirements
therefore. It shall be each manufacturer's responsibility to check the installation and to
furnish material that will be full capable of performing its intended function.
B. Pipe shall be of the type, size, class and diameter as hereinafter specified and called for
by the Plans and/or Bid.
C. Trench width for buried pipe design shall be considered as the outside diameter of the
pipe plus 2', at the bottom and up to 1' above the top of the pipe.
D. Buried pipe shall be designed for laying condition shown on construction drawing to
withstand all internal pressures and external loads with a minimum depth to cover of T,
for pipelines 8" and smaller in diameter, and T-6"for lines 10" and larger in diameter, and
greater depths of cover where required by the Plans, plus an H-20 live load in
accordance with A.A.S.H.T.O. Specifications.
E. Design pressure shall consist of 100 psi working pressure plus 100 psi surge allowance
for force mains designated for Class 160 pipe and 150 psi working pressure plus 100 psi
surge allowance for force mains designated for 150 psi working pressure.
F. Pipe diameters shown or called for shall be the minimum net inside diameter of the pipe
after any required lining is placed, with a maximum tolerance of/4' on the minus side, for
sizes through 36" diameter.
G. Pipe fittings shall be of the size, configuration and type called for by the plans. All fittings
shall be of at least the same class as the pipe with which they are used. Ductile or gray
cast iron fittings shall be used with all ductile iron, gray cast iron, and PVC pipe (4" or
larger in diameter).
H. Valves shall be of the type, size, and class required by the plans and all valves shall have
standard mechanical joint ends, except where flanged or other type ends are specifically
required. Valves, where required, shall be furnished with operating nuts, or handwheels
as necessary, except in instances where other operating devices are specified or shown.
All valves shall be of at least the same class of pipe with which they are used. A valve
box shall be provided for each underground valve, except where shown differently on the
plans. Concrete pipe vaults; or brick or precast manholes with crete pipe vaults; or brick
or precast manholes with cast iron covers shall be provided for all air valves.
2.2 DUCTILE CAST IRON PIPE
A. Ductile cast iron pipe shall be centrifugally cast of ductile cast iron having a minimum
tensile strength of 60,000 psi, a minimum yield strength of 42,000 psi, and a minimum
elongation of 10% (Grade 60-42-10). It shall be designed, manufacture, and shall
conform to the requirements of ANSI A21.51 (AWWA C151) Standards, for a minimum
150 psi operating pressure plus a minimum allowance of 100 psi for surge.
B. Nominal laying lengths shall be 18' or 20' nominal maximum of 20% of each size for each
order being as much as 24" shorter than the nominal laying length and an additional 10%
as much as 6" shorter than nominal laying length.
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SECTION 33 34 00 - FORCE MAINS
C. Exterior pipe joints shall be mechanical or push joint type with retainer glands and
flanged ends are required for interior piping.
D. Dimensions shall conform to the requirements of ANSI A21.6, ANSI A21.8, ANSI A21.11,
and WW-P-421 C, as applicable. Dimensions shall be gaged at sufficiently frequent
intervals to assure dimensional control. Insides of sockets and outside of spigot ends
shall be tested with circular gages.
E. Wall thickness shall be determined for the design working pressing and depth of cover
shown in accordance with ANSI requirements for each type.
F. Each pipe shall be coated on the inside and outside with standard bituminous coating of
either coal-tar of asphalt base approximately one mil thick. The coating shall be
continuous, smooth, strongly adherent to the pipe and shall not become brittle from cold
nor sticky from heat. As indicated, the interior coating shall be Protecto 401 ceramic
lining as manufactured by U.S. Pipe, Sewper Coat as manufactured by Lafarge Calcium
Aluminum, or equal. All linings and coatings shall be per manufacturer's specifications
and conform to ANSI/AWWA C151/A21.51.
G. Each pipe shall be weighed prior to placing of the inside lining. Weight nominal
thickness, sampling period, and class of pipe shall be shown on each pipe.
H. The manufacturer's year of production and the letters DI or DUCTILE shall be clear and
legible and on, or near, the bell end.
2.3 POLYVINYL CHLORIDE PIPE
PVC pipe shall be rigid polyvinyl chloride with integrally formed, factory fabricated rubber ring
type joints. It shall be suitable for all conditions imposed by plan locations and for a minimum
working pressure of 165 or 200 psi (as called for in the Bid) at 73°F. Pipe shall be Type 1, made
from clear virgin material and shall conform to the requirements of cell class 12454-B as defined
by ASTM D1784, and shall conform to all requirements of AWWA C-905 with standard dimension
ratio of DR 25, Class 165, or DR 21, Class 200 pipe. All pipe shall bear the National Sanitation
Foundation Seal of Approval, the manufacturer's name, and the class of pipe. Provisions must
be made for expansion and contraction at each joint, through the rubber gasket and pipe bell with
laying lengths of 20'±1".
2.4 DUCTILE CAST IRON FITTINGS
Ductile cast iron fittings shall conform to the requirements of ANSI Specification A21.10, with
mechanical joint ends conforming to ANSI Specification A339, Grade 80-60-3. All fittings shall
have exterior and interior coatings as required for pipe. Where flanged ends may be required,
flanges shall conform to applicable requirements of ANSI B16.1 and ANSI B16b.
2.5 GRAY CAST IRON FITTINGS
Gray cast iron fittings shall conform to the requirements of ANSI Specification A21.10, with
mechanical joint ends conforming to ANSI Specification A21.11. They shall be of 18/40 gray iron.
All fittings shall be bituminous coated as required for pipe. Where flanged ends may be required,
flanges shall conform to applicable requirements of ANSI B16.1 and ANSI B16b.
2.6 PVC FITTINGS
PVC fittings and adapters shall conform to the same requirements as for pipe and shall be the
same class as the pipe.
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SECTION 33 34 00 - FORCE MAINS
2.7 JOINT MATERIAL
A. Gaskets for pipe and fittings shall be continuous ring of rubber material compounded to
resist deterioration and of a texture to assure a permanent and watertight seal. They
shall have smooth surfaces, free from pitting, blisters, porosity or any other defects.
Gaskets shall conform to the requirements of AWWA Specification C301 and Federal
Specification WW-P-421 b.
B. Gasket lubricant shall be a potable hydrogenated vegetable oil, insoluble in cold water,
non-toxic and shall not support the growth of bacteria. It shall contain no deleterious
ingredients and shall have no deteriorating effects on the gaskets. The lubricant shall be
semi-paste, easily applicable, readily adherent to the inside of the bell and shall remain in
a usable state throughout the range of temperature in which pipe is normally installed.
Lubricant shall be delivered to the job site in unopened containers bearing the
manufacturer's name and trade name or trademark.
2.8 RESTRAINED JOINT PIPE AND FITTINGS
Restrained joint pipe and fittings shall be ductile iron manufactured in accordance with AWWA
C151 and C153. The restraining method shall be by a snap in place flexing restraining ring at the
joint. The pipe and fittings shall be American Flex-Ring, Griffin Snap-Lok, US, T.R. Flex, or
equal.
2.9 BALL AND SOCKET JOINT PIPE
Ball and socket joint pipe shall be ductile iron manufactured in accordance with AWWA C151 and
C110. The ball and socket shall be boltless, flexible joint with a locking retainer gland.
2.10 GATE VALVES
A. Gate valves, larger than 2" shall be iron body, resilient seat non-rising stem and provided
with suitable stem seals. They shall comply with AWWA C-509, designed for a minimum
operating pressure of 150 psi.
B. Gate valves 2" and smaller shall be standard all brass valves with inside screw, rising
stem and handwheel operator, suitable for 125 psi.
2.11 PLUG VALVES
A. Plug valves shall be of the non-lubricated, eccentric type with resilient faced plugs, with
flanged ends for installation within structures and mechanical joint ends for buried
service. Port areas shall be at least 80% of full pipe area for pipes 6" to 16" in diameter
and 70% of full pipe area for valves larger than 16" diameter. Valves smaller than 6" in
diameter shall have 100% full pipe area. Bodies shall be semi-steel, gray cast iron, or
ductile iron. Seats in 3" and larger valves shall have a welded in overlay of not less than
90% pure nickel on all surfaces containing the plug face. Valves shall have stainless
steel permanently lubricated upper and lower plug stem bushings. All 4" and larger
valves shall be of the bolted bonnet design. All nuts, bolts, springs, and washers shall be
cadmium plated.
B. Plug valves 4" and smaller for non-buried service shall be equipped with (true) manual
gear type operators with position indicators. Plug valves 6" and larger for non-buried
service and all sizes for buried services shall be equipped with manual gear actuators.
All gearing shall be enclosed, submersible with seals provided on all shafts to prevent
entry of water into actuator. All shaft bearing shall be furnished with permanently
lubricated bronze bearing bushings. Actuators of nonburied service shall clearly indicate
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SECTION 33 34 00 - FORCE MAINS
valve position and an adjustable stop shall be provided to set closing torque. Valve
packing adjustment shall be accessible without disassembly of the actuator. Valves for
non-buried services shall be furnished with a handwheel, except valves mounted
inaccessibly high shall be provided with chain operators. Plug valves for buried service
shall have gear operators and shall be provided with nut operator and extension stem of
suitable length.
C. Valves and actuators shall be as manufactured by Dezurik, Keystone, Kennedy, or equal.
2.12 CHECK VALVES
Standard check valves shall be iron body, bronze, mounted, full opening external lever weight
loaded, 125 lb. ANSI Standard flanged, and suitable for at least 150 psi pressure. Check valves
shall have two '/2' threaded taps on the side upstream and downstream from the clapper. A '/2"
galvanized nipple and '/2' bronze gate valve shall be installed in each tap.
2.13 CUSHION CHECK VALVE
Cushion check valves shall be controlled closing swing check valves. Valve body, cover, and
lever shall be heavy duty cast iron, ASTM A126-B. Disc arm shall be cast steel keyed to the
hinge shaft. Hinge shaft shall be 18-8 stainless steel, sized to withstand a complete hydraulic
unbalanced pressure of 125 psi on the valve disc. A single oil-filled cushioning device shall be
allowed for field adjustment of the valve closing speed at the final portion of the disc travel. Valve
shall have ANSI 125 pound flanged connections. Valves shall be rated for 150 psi working
pressure and 100 psi surge pressure.
2.14 BALL CHECK VALVES
Ball check valves shall be high density PVC with threaded connections or ductile iron body with
flanged connection rated 125 psi and 150°F as required. Ball shall be hollow steel and coated to
prevent wear and deterioration. Valve shall be suitable for mounting in either horizontal or
vertical direction.
2.15 VALVE BOXES
Valve boxes shall be of cast iron, three-piece, screw type with covers and bases. They shall be
of suitable size for the valve with which they are used and fully adjustable for depth of setting,
extension pieces being furnished where necessary. Drop type covers shall be provided for each
box with the proper work designating the valve service cast into its top surface. Oval type bases
shall be provided and shall be so designed to fully support the box without weight of the box
and/or superimposed load being transmitted to any part of the valve or adjacent pipe on either
side.
2.16 CONCRETE
Concrete for protection and a thrust blocks shall be composed of Portland Cement, sand, coarse
aggregate, water and such admixtures as may be allowed, in such proportions as to provide in
minimum compressive strength of 3,000 psi. The source of concrete and mix design shall be
approved by the Engineer to use.
2.17 CRUSHED STONE
Crushed stone for pipe bedding shall conform to ASTM C33, size no. 67 with a range of/4'to 1.
2.18 DETECTABLE TAPE
Orange County DAA PN R00592-225N2
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SECTION 33 34 00 - FORCE MAINS
A. A detectable tape for protection of force mains shall be used when PVC or other non-
metallic pipe is used as a material for the pipeline. The tape shall be an inert, bonded
layer plastic with a metalized foil core and shall be highly resistant to alkalis, acid, or
other destructive chemical components likely to be encountered in soils. The tape shall
be brightly colored to contrast with soil and shall bear an imprint identifying the type of
line buried below. The tape shall be a minimum of 2"wide.
B. The tape shall be buried a maximum of 12" below the ground surface directly above the
pipeline with printed side up. The Contractor shall take necessary precaution to insure
that the tape is not pulled, distorted or otherwise misplaced in completed the trench
backfill.
2.19 MANHOLE MATERIAL
A. Manhole material shall consist of brick, concrete block, precast concrete in accordance
with the following requirements. All material shall be approved by the Engineer prior to
use.
B. Brick shall be No. 2 Common, or equal; hard clay or shale; free from cracks and defects
that would impair strength or usefulness. Brick shall conform to ASTM C32, Grade MM.
C. Concrete manhole blocks shall be units meeting the requirements of ASTM Specification
C139. Masonry units shall consist of barrel and cone block 6" thick, 7'/2" high and not
over 15'/2" long. Barrel block shall be cast to a radius which will result in approximately
12 units to the course for a 4' diameter manhole, and proportionally thereto for manholes
of greater diameter than 4'. Cone block shall be cast to produce a reduction of 6" in
diameter per course. All units shall have a vertical groove at the ends.
D. Precast concrete manholes shall consist of precast reinforced concrete sections, a
conical or flat top section as required, and a base section conforming in general to the
details shown on the Plans. Precast manhole sections shall be manufactured in
accordance with ASTM Specification C478. The minimum compressive strength of the
concrete for all sections shall be 4,000 psi. The maximum allowable absorption of the
concrete shall not exceed 8% of the dry weight.
E. The interior surfaces of manholes shall be factory coated as indicated in the plans.
2.20 MASONRY CEMENT
Masonry cement shall be of best grade, conforming to ASTM Specification C91, Type II, of a
brand approved by the Engineer. It shall be newly manufactured, well housed, and kept dry and
protected at all times.
2.21 CASTINGS AND STEPS
A. Castings and steps shall be provided for each manhole. Frames, covers, and stops shall
be of cast iron of superior quality, tough and even texture, and of not less than 40% pig.
They shall be clear of blow holes, holes and cracks, or other defects; properly finished
and bituminous coated while hot.
B. Manhole covers, frames, and steps shall conform to the details for each type manhole on
the Plans, or to similar plans differing in details, but of equally good design; provided
such castings are approved by the Engineer prior to use. Covers and frames shall be
machined to provide plane, smooth surfaces for uniform seating and interchangeability of
covers. Rings and covers that provide imperfect seating will be rejected. All covers and
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SECTION 33 34 00 - FORCE MAINS
frames shall be suitable for traffic service. Minimum opening shall be 22" in diameter;
minimum weight of cover shall be 120 lbs.; and minimum weight of frame shall be 230
lbs.
C. Special frames and covers shall be provided for sealing manholes water tight at location
shown on the Plans. These frames and covers shall conform to the above specifications
and shall be provided with a one piece rubber gasket seated into the manhole frame.
Covers shall be secured with 4 minimum '/2' lug bolts. Such frames and covers shall be
manufactured by Neenah Foundry, Dewey Brothers, Inc., or equal.
2.22 AIR RELEASE VALVES
A. Air release valves shall be the long stem and body type designed to keep the valve
operating mechanism as free from contract with the sewage as possible. Valves shall
have 2" threaded inlet, with 1" blow off connection with 1" blow off valve (gate valve), '/2"
back flushing attachments with '/2' outlet. Outlet and back flushing connections shall be
quick couplings. Valve shall have a minimum of/" diameter orifice.
B. Valve body shall be cast iron; mechanism and seat, bronze; lever pins, stainless steel;
and float, stainless steel. Valves shall be suitable for 150 psi working pressure. Valves
shall be as manufactured by the Multiplex Manufacturing Company, the Valve and Primer
Company, Val-Matic Manufacturing Corporation, or equal.
2.23 AIR AND VACUUM SEWER VALVES
A. Air and vacuum sewer valves shall be the long stem and body type designed to keep the
valve operating mechanism as free from contact with the sewage as possible. Valves
shall have 2" threaded inlet; 1" blow off connection with 1" blow off valve (gate valve);
and _" back flushing attachments with outlet. Outlet and back flushing connections
shall be quick couplings. Valve shall have a minimum of 1" diameter orifice.
B. Valve body shall be cast iron. Valve and float shall be stainless steel. Valves shall be
suitable for 150 psi working pressure. Valves shall be as manufactured by the Multiplex
Manufacturing Company, the Valve and Primer Company, Val-Matic Manufacturing
Corporation, or equal.
2.24 STEEL ENCASEMENT PIPE
Steel encasement pipe shall bituminous coated inside and outside. Bituminous coating shall be 6
mil. minimum thickness. Steel encasement pipe shall have a minimum thickness as indicated in
the plans for bores under highways and shall meet ASTM Specifications A252 with a minimum
yield strength of 35,000 psi.
PART 3 - MATERIAL TESTING
Material shall be tested in accordance with the General Conditions of these Specifications and the
following:
3.1 PIPE
A. Each joint of pipe shall be subjected to and successfully meet hydrostatic proof test in
accordance with ANSI requirements for each type. Cast iron pipe shall be tested prior to
lining. Certified test results shall be furnished to the Engineer, for each shipment of pipe.
B. PVC pipe shall be given the Quick Burst Test in accordance with ASTM D1599;
Sustained Pressure Test in accordance with ASTM D1598; Acetone Immersion Test in
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SECTION 33 34 00 - FORCE MAINS
accordance with ASTM D2152; Vise Flattening Test (compress 2" long ring in less than
one minute to 100% flattening without evident of splitting or shattering); and Drop Impact
Test C. (single impact load from free falling missile having a '/2' diameter rounded, 1"
long nose compacted on a 6" long horizontal specimen. No shattering or splitting shall
occur at the following energies 1'/2" nominal size - 24 ft-lb, 2" - 57 ft-lb, 4" - 86 ft-lb, and 6"
100 ft-lb).
3.2 PIPE FITTINGS
Pipe fittings shall be subject to inspection and testing in accordance with standard manufacturing
practice.
3.3 GASKETS
Gaskets shall be tested, if required, in accordance with Section 3-4 of ANSI A21.11.
3.4 VALVES
Valves shall be tested to double the design working pressure and test result submitted to the
Engineer upon request.
3.5 OTHER MATERIAL
Other material shall be subject to such testing as the Engineer may require should its
acceptability be questioned.
PART 4 -CONSTRUCTION PROCEDURES
All items of material and appurtenances shall be installed in accordance with best practice,
manufacturer's instructions and to the following specifications or the Engineer's direction:
4.1 LOCATION
Pipework shall be installed at the locations shown on the plans and to the position, alignment and
grade shown thereon. Prior to beginning work at any location, the Contractor shall consult with
the Engineer and Owner to determine that all rights-of-way, permits, or other legalities are in
order. He shall familiarize himself with all conditions and/or limitations of such rights-of-way or
permits and shall fully comply with all such requirements. All work shall be confined to rights-of-
way or permit limits and any encroachment beyond such limits shall be the Contractor's liability.
4.2 CLEARING AND GRUBBING
A. Clearing and grubbing, where required, shall be done prior to beginning of pipe
installation. It shall be done in accordance with applicable portions of items of General
Conditions and the following:
B. The Contractor shall consult with the Owner and Engineer prior to starting clearing and a
full understanding is to be reached as to procedure. The Contractor shall then conduct
clearing and grubbing operations in strict accordance with these agreements.
C. Clearing of trees and brush along the pipeline shall be carefully done so that no damage
will occur outside of the limits of the right-of-way. Trees and brush must be cut by hand
and trees felled within the right-of-way limits. Only trees that would seriously interfere
with construction shall be cut down and all others shall be saved and protected. Trees 6"
or more in diameter shall be trimmed, cut into usable lengths of T, or as DIRECTED BY
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THE OWNER and the logs neatly stacked on the edge of the right-of-way or disposed of
in a manner approved by the Engineer.
D. Brush, laps, roots, etc., shall be disposed off-site in a manner approved by the Engineer.
Burning of trees, brush and debris will not be permitted.
E. Grubbing of stumps that are in the way of construction shall be done in any convenient
manner which will not cause damage to remaining trees or adjacent property. Stumps
shall be disposed as for brush or laps above.
F. Limits of the pipe-laying operation shall be confined to the right-of-way and easements.
The width of clearing shall be held to a minimum and in no case wider than the right-of-
way or easement.
4.3 WORK ON HIGHWAY RIGHT-OF-WAY
A. The Contractor shall not begin work on any property of the Department of Transportation
until he has secured necessary permits and obtained a copy of the R.O.W. encroachment
contract from the Owner. He shall conform to all requirements of the Department of
Transportation; or its authorized representative in the prosecution of this portion of the
work. It shall be the responsibility of each Bidder to contact the local DOT representative
and to determine the exact requirements for work to be done. Requirements shall
include, but are not limited to the following:
B. Where a pipeline crosses under a highway, it shall be installed either by open cut in
tunnel or in encasement under the highway. Materials and method of crossing shall be
as indicated on the plans for each crossing. Where pipe is installed by open cut at least
one full lane for traffic shall be kept open and clear at all times.
C. The Contractor shall provide full-time flagmen, with appropriate red flags, at all times
when work is in progress along highways.
D. Necessary warning and descriptive signs shall be provided and placed at each end of the
working area while work is in progress along highways. These signs shall be well tended
and shall be placed at sufficient distances from the site of the work so that ample warning
is given to approaching traffic. Signs shall be adequately lighted at night and meet
Department of Transportation requirements.
E. The Contractor shall keep all streets open to traffic at all times unless permitted otherwise
by the Engineer or Department of Transportation as applicable. The Contractor shall
provide, place, and maintain temporary traffic control devices as directed by the Engineer
or Department of Transportation. The latest edition of the Manual on Uniform Traffic
Control Devices for Streets and Highways as prepared by the National Joint Committee
on Uniform Traffic Control Devices shall be used as a guide in the placement of devices
and all devices shall meet the requirements of said manual. The removal of road signs
shall be done in accordance with and subject to the approval of the North Carolina
Department of Transportation. Temporary signs shall be furnished and installed by the
Contractor as necessary and as required. All Regulatory Signs shall be replaced
immediately following backfilling or at the end of each day, whichever occurs first.
F. Where pipe is installed in open cut across a highway, the cut shall be immediately
backfilled and all work of repairing the pavement completed immediately. Any
subsequent settlement shall be immediately corrected and repaired.
G. Where pavement is cut and replaced, the Contractor shall cut the edges to a straight and
even line before repairing the pavement. No ragged edges will be allowed or accepted.
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H. Where asphalt pavement is cut, the entire area to be repaired shall be primed with an
asphalt prime coat, acceptable to the Department of Transportation, before the pavement
is replaced.
I. When required, the Contractor shall furnish to the Department of Transportation a 100%
Performance Bond for the amount of paving to be cut and replaced along highways.
Bond is required in North Carolina.
J. Unless otherwise indicated, no excavated material shall be placed on the pavement side
of the ditch, along State highways. The least possible amount of ditch will be left open
when work is not in progress and equipment shall be removed from the pavement and
shoulders during shut-down periods.
K. Shoulders of roadways shall be left in good, acceptable condition and all topsoil and
grass that is disturbed shall be replaced. Grassing shall include seeding, fertilizing, and
mulching to conform with Department of Transportation requirements.
L. The Contractor shall pay the cost of all Department of Transportation inspector's time, if
required on the job.
M. WORK ON RAILROAD RIGHT-OF-WAY:
A. The Contractor shall not begin work on any property of the railroad until he has secured
necessary permits. He shall conform to all requirements of the railroad, or its authorized
representatives, in the prosecution of this portion of the work, including but not limited to
the following:
1. Where a pipeline crosses under a railroad, the work shall be done in accordance
with requirements of the Railway Company. Pipe shall be installed by boring and
jacking (or open cut as designated). Excavation shall be done ahead of the pipe.
The encasement must be kept on accurate line and slightly below grade. A
tolerance of 0.5% will be allowed on short lines in good soil and not over 1% in
any case.
B. The Contractor shall furnish the Railway Company the following:
1. Certificate of Workers' Compensation or Employer's Liability Insurance according
to the laws of the State.
2. Certificate of the Contractor's Public Liability Insurance, to protect the contractor
and subcontractor for loss of life or injury to persons in an amount not less than
$1,000,000 for any one person and not less than $1,000,000 for any accident,
and for property loss or damage in an amount not less than $1,000,000 for any
one accident and not less than $1,000,000 aggregate or as required by the
Railroad Company.
3. The original policy of Railroad Protective Liability Insurance naming the Railway
Company as the insured for loss of life or injury to persons in an amount not less
than $2,000,000 for one person, and not less than $2,000,000 for any accident
and for property loss or damage in an amount not less than $2,000,000 for any
one accident and not less than $2,000,000 aggregate or as required by the
Railroad Company. The Railroad Protective Liability Policy should show the
location and description of work and name of Owner for whom the work is done.
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4. The Contractor shall also pay the cost of flagmen or other expenses of the
railroad in protecting traffic. He shall notify the railroad of the time that the work
will be done and shall not begin work until authorized by railroad officials.
4.2 BORED ENCASEMENT INSTALLATION
A. Encasement pipe which is dry bored under highways and railroads for installation of force
mains shall be installed at the locations, to the gradients, and within the tolerances (if
any), as shown on the plans. In event the encasement is installed off grade or seriously
out of line, then another encasement pipe will be dry bored as close as practical to the
original pipe with no additional compensation allowed therefor. The original encasement
must be sealed with a watertight concrete plug (min. 3' deep)at each end.
B. Any additional pipe or other work required for realignment of the force main with an
alternate encasement location which was required due to improper gradient or
misalignment in the original installation, shall be completed at the Contractor's expense.
C. In event an obstruction is encountered during encasement boring operations which
cannot be overcome, a second encasement shall be bored at a location designated by
the Engineer. No additional compensation will be allowed for the second encasement
installation. In event an obstruction is encountered in the second installation, at the
direction of the Engineer, a third attempt shall be made to complete the encasement
installation. Consideration will be given for additional compensation in event a third
installation attempt is required. All abandoned encasement pipes shall be sealed as
specified in paragraph 4.5.1 above.
D. Pipelines installed through steel encasement shall meet specifications herein described
and all Department of Transportation or Railroad specifications and guidelines for
installing pipelines through steel encasement pipe. Upon insertion of the pipeline through
the encasement pipe, the ends of the encasement pipe shall be sealed with brick and
mortar. Brick and mortar shall be as herein specified, and the seal shall be such to
withstand hydrostatic pressure from ground water and all backfill loads. Contractor shall
provide means to prevent water line from floating within the encasement pipe. Grouting
procedure will not be allowed.
E. Casing pipe and joints shall be of leakproof construction, capable of withstanding railway
or traffic loading. The diameter of the casing pipe shall be at least 2" greater than the
largest outside diameter of the carrier pipe, joints, or couplings for carrier pipe less than
6" in diameter and at least 4" greater for carrier pipe, 6" in diameter and greater, unless
indicated differently on drawings. Further, the casing pipe shall be of great enough
diameter to allow carrier pipe to be removed subsequently without disturbing the case
pipe and immediate areas.
F. Steel encasement pipe shall be as specified in item 2.23 of this section.
4.3 TRENCH EXCAVATION
A. Trenches for pipe shall be dug true to line and grade and to the following requirements.
Depth of cover shall not be less than 3'-6" for pipe 10" and larger in diameter, measured
to the top of pipe, unless shown differently on the profile or authorized by the Engineer.
B. Sides of trenches shall be kept as nearly vertical as possible. They shall be at least 12",
and not more than 24" wider at the top of the pipe than wide diameter of the pipe, plus
sheathing where it is necessary. Where paving is to be cut, it shall be cut in advance of
trenching 1'wider than the specified width of the trench.
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C. Where soil conditions prohibit vertical walls, the trench width at the bottom and to 1'
above the top of the pipe shall be as specified above with the remainder being held to the
least possible width greater than that specified. Where soil conditions prevent ditch
excavation without excessive widths, or where directed by the Engineer, wood or steel
sheeting, as hereinafter specified, shall be driven to support the trench walls, or a suitably
reinforced steel trench box shall be employed.
D. Trench bottoms shall be hand graded to provide uniform and continuous bearing for the
pipe along its entire length, with bell holes being dug for pipe bells. No ridges, sags or
undercutting will be allowed.
E. If approved by the Engineer and subject to suitable solid conditions, the trench may be
excavated a few inches below the established subgrade and backfilled with selected
materials (from the excavation, if available)well compacted and so shaped as to give the
pipes uniform bearing throughout their lengths at the established grade. Bell holes shall
be dug to relieve the bells of load and to provide for completing the joints.
F. Where the material at grade is unstable, soft, and incapable of supporting the pipe, the
trench shall be excavated below grade, as directed by the Engineer, and refilled to grade
with crusher-run stone or gravel so as to form a firm foundation for the pipe. None shall
be compacted and graded so as to provide stable foundation and a uniform bearing for
the pipe. Bell holes shall be provided as in other types of foundations.
G. Where the material excavated from the trench is unsuitable for backfill material, it shall be
hauled off and disposed of and selected material hauled in for backfilling the trench.
H. Should ground water be encountered in the bottom of the trench, causing the trench
bottom to be unstable the material, as directed by the Engineer shall be excavated below
grade sufficiently to allow a bed of crushed rock or gravel to be placed in which to bed the
pipe. The work shall be done as for unstable foundations. The depth of cut below grade
shall be only the minimum amount to accomplish the purpose, and shall be as directed by
the Engineer.
I. The Contractor shall furnish all machinery for pumping, bailing, and/or pointing and shall
pump, bail, or otherwise remove any water which may be found or shall accumulate in
the trenches, and shall perform all work necessary to keep them clear of water while the
pipe is being laid. The disposal of water after removal shall be satisfactory to the
Engineer.
J. Whenever necessary, the side of the trench shall be braced and rendered secure and
either open or close sheeting used to the satisfaction of the Engineer; such sheeting and
bracing to be left in place until the trench is refilled to a safe limit, not less than 2' above
the top of the pipe. The top portion may then be cut off, but the lower portion shall
remain undisturbed. In lieu of sheeting, suitable trench boxes may be employed. All
sheeting, bracing, trench boxes, and trench construction methods shall conform to the
latest Department of Labor Safety and Health Regulations for construction promulgated
under the Occupational Safety and Health Act of 1970. No extra payment will be made
for sheeting and bracing. Such cost shall be included in the cost of installing the pipe.
K. In rock or other unyielding material, the excavation shall be made at least 6" below
subgrade elevation. The trench shall be refilled with select material compacted in place
as specified for ordinary excavation. Suitable material from excavation may be used, if
available. If not, it shall be hauled in.
L. If rock is encountered, it shall be paid for at the unit price set forth in the Bid. Only solid
rock requiring blasting or drilling for its removal will be classified as rock excavation.
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Allowance will be made for a width of the trench not in excess of 16" greater than the
outside diameter of the bell of the pipe and a depth from the surface of the rock to the
established subgrade of the pipeline. Rock excavated in excess of these limits will be
paid for. The Engineer shall measure the amount of rock excavation to be classified as
such before the trench is backfilled before measurement by the Engineer.
M. All blasting, where required, shall be done under the personal supervision of a man
thoroughly skilled in this class of work. All necessary measures to protect life and
property shall be taken. Where in close proximity to building, transmission lines,
telephone lines, or other facilities, timber mats or other means of preventing damage from
flying debris shall be used. Ample and suitable signals shall be given in proximity to work
before each blast, and flagmen shall be placed on all roads, beyond the danger zone, in
every direction to warn traffic. All responsibility for damage rests on the Contractor.
N. All existing water, sewer, and gas lines, buried electrical and telephone cable, and other
known utilities intersecting the lines of construction, if requested by the Engineer, shall be
uncovered by the Contractor at his expense and exposed to the Engineer at least 100'
ahead of pipe laying operations to insure the correctness of grades. Existing utilities
shown on the plans area as accurately located as existing records and field surveys
allow; however, the Contractor shall verify with the various companies before excavating
and shall save harmless the Owner from any claims for damages as a result of his work.
O. The Contractor shall at all time take necessary precautions in preventing gutters, catch
basins, ditches and other drainage facilities from being clogged that might cause flooding
conditions and damage to public or private properties.
P. During the course of pipeline construction, benching, early seeding or grass cover, and
whatever means necessary shall be carried out to prevent siltation and bank erosion.
4.4 INSTALLATION OF FORCE MAINS AND APPURTENANCES
A. The Contractor shall haul the pipe and appurtenances to the site of work and distribute
them neatly along the trench prior to laying. The pipe shall be carefully handled to
prevent damage, mechanical hoists or other approved methods being used in the
handling. Depth of cover shall not be less than T-0" for pipe up to 8" in diameter or T-6"
for pipes 10" and larger in diameter, measured to the top of pipe, except where shown
differently on a profile or specifically authorized by the Engineer.
B. Pipe and appurtenances shall be kept clean and open ends securely plugged when pipe
laying is not in progress. The inside of pipe and bell and spigots shall be thoroughly
inspected and cleaned prior to lowering into the ditch and care shall be exercised after
the pipe is in place to prevent dirt or other extraneous material from getting into the pipe
or bells and into the spigot.
C. Spigots shall be fully seated in the bells and the pipe shall be uniformly bedded on the
bottom of the trench for its entire length with bells lying in previously dug bell holes
sufficiently large to allow proper bedding and jointing. Fittings, valves and other
appurtenances shall be located where shown on the plans or directed by the Engineer,
with the pipe being cut where necessary. After jointing, a reasonable amount of
deflection may be made in the joint. Such deflection shall not exceed the allowable
amount specified by the manufacturer for each size of pipe.
D. Pipe shall be laid in accordance with the manufacturer's instructions, applicable portions
of AWWA Specification C600, and the following:
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E. For mechanical joint pipe, Type II, the rubber rings shall be properly lubricated and the
spigots and bells cleaned before assembling the joint. Nuts of bolted joints shall be
tightened with special torque limiting wrenches set to provide the proper strain on the
bolt, and all nuts tightened to that limit.
F. Rubber ring joints, Type III, shall be assembled in accordance with the manufacturer's
instructions. The bell and spigot shall be absolutely clean prior to seating of the gasket.
The gasket shall be wiped clean, flexed and properly inserted into the socket and seated
evenly and properly. Care shall be taken to eliminate any bulges which might interfere
with the proper entry of the spigot. A thin film of lubricants, shall be applied to the inside
surface of the gasket. The spigot shall then be completed by forcing the spigot into the
bell until it makes contact with the bottom of the socket. This shall be done by use of
pipe jack and assembly, or other methods as approved by the Engineer.
G. Fittings shall be installed where shown on the plans or directed by the Engineer. They
shall be handled and installed in the same manner as the pipe and all shall be well
blocked as hereinafter specified.
H. Concrete for blocking and protection shall be poured in accordance with the following
requirements. All fittings, bends, dead ends, etc., shall be acceptably blocked with
concrete having bearing on undisturbed earth in the side and/or bottom of the trench.
Bearing area shall be equal to that shown on the plans and greater if deemed necessary
by the Engineer. No concrete shall be poured or splattered on fittings bells, glands, or
bolts.
I. Where shown on the plans, or directed by the Engineer, concrete supports, walls, or
other protective work shall be constructed.
J. Contractor shall take elevation shots every 100 feet on the installed force main pipe along
the entire route to ensure positive and uniform grades to each air release valve. The
elevations shall be recorded by the Contractor with a record provided to the Engineer.
4.5 BACKFILLING OF TRENCHES
A. Backfilling of trenches shall be completed after the installation of each section of pipe
laying to the satisfaction of the Engineer.
B. Backfilling around the pipe and to a depth of at least 1' above the top of pipe shall be
placed by hand in layers of not over 6". Only select material containing no rock or other
objectionable material shall be used for this portion of the backfill. As fast as the material
is place, it shall be cut under the haunches of the pipe with a shovel and thoroughly
compacted with mechanical tamps for the full width of the trench to provide support for
the bottom and sides of the pipe. Filling shall be carried up evenly on both sides.
C. The balance of the backfill shall be placed and tamped to prevent excessive settlement in
a manner satisfactory to the Engineer. If the trench backfill is located under
miscellaneous paved areas, areas to be paved, or unpaved streets, the trench shall be
backfilled with suitable material free from large stones or clods in 8" layers (loose
measurement) and thoroughly tamped and compacted to 95% of maximum as
established by AASHTO Specification T99, Method A, with mechanical tampers, so as to
avoid future settlement. Where applicable, the compaction shall be acceptable to the
Department of Transportation or Owner.
D. For pipe outside street limits, compaction shall be at least 90% maximum as established
by AASHTO Specification T99, Method A.
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E. Excess material shall be promptly removed from the site, and the pavement or roads
surface cleaned of objectionable material. The pavement and/or road surface shall be
cleaned daily with a mechanical broom and/or washed if requested by the Engineer. The
Contractor shall correct any future settlement within the guarantee period.
F. In unpaved streets, the top 6" of the trench shall be filled with well compacted crusher-run
stone. In paved areas, the top of the trench shall be filled with the specified base for
pavement, well mixed and compacted. Any settlement of backfill below finish grade shall
be promptly corrected.
G. On cross country lines and at other points where damage to the system or property will
not occur, the backfill material more than 1' above the top of the pipe may be placed in
12" layers and compacted with mechanical tamps. The upper portion of the backfill, more
than 5' above the pipe, may be compacted by following with wheeled equipment. Excess
material may be mounded on the trench. The Contractor will be responsible for all final
subsidence of all trenches and shall leave the same flush with the original ground after all
settlement has taken place. Trenches must be protected against scour due to surface
drainage.
H. Backfilling around manholes shall, in general, conform to requirements for backfilling
trenches, except that no backfill shall be placed around manholes until all mortar has
properly set and backfilling shall be carried up symmetrically around structures.
4.6 CUTTING AND REPLACING PAVEMENT
A. Where pavement is to be cut for installation of pipe or other utilities, the Contractor shall
cut it neatly in advance of trenching and shall replace the pavement with base and new
pavement.
B. All pavement shall be neatly cut to a straight edge in advance of trenching with the
method of cutting being subject to approval of the Engineer. Pavement shall be cut 12"
wider than the excavated area on each side. Ragged or irregular edges will not be
allowed and work completed with barred edges shall be redone. Concrete pavement
shall be sawed with suitable concrete saw cutting equipment.
C. Trench backfilling shall be done in layers not over 6" thick and thoroughly compacted.
Compacted shall be such as to prevent future settlement and shall be done by
acceptable means, approved by the Engineer. Rolling with rubber-tired vehicles or track-
type equipment will not be allowed. Compaction shall be at least 95% of maximum as
established by AASHTO Specification T99, Method A.
D. Base for pavement shall be crusher run stone for all non-NCDOT maintained streets, HB
binder for all secondary highways, and reinforced concrete for all primary highways. All
base shall be placed in accordance with plan and/or encroachment permit details. Base
width shall be shown on the plans and/or encroachment permits for various types of
pavement cuts.
1. Crusher run stone shall conform to the requirements of Section 02231. It shall
be well mixed and compacted by tamping and rolling. Compaction shall be to
such degree as to preclude settlement. Crusher run base material shall be
placed at the same time that the trench is backfilled. Backfilling to top of ditch, to
be cut out and replaced with base material at a later date, will not be allowed.
2. Crusher run base for highway pavement and adjacent drives shall be 8" of stone,
stabilized with 5% Portland Cement. It shall be thoroughly mixed prior to
compacting.
Orange County DAA PN R00592-225N2
Walnut Grove Wastewater System January, 2021
33 34 00-16
DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
SECTION 33 34 00 - FORCE MAINS
3. Crusher run base for non-highway pavement and drives shall be 8" of stone
without the addition of cement.
4. Binder base for secondary roads shall be a minimum of 6" HB binder conforming
to specifications of the Department of Transportation.
5. Concrete base shall consist of 8" of concrete, reinforced with #4 reinforcing steel
bars placed at 8" on center in the transverse direction and #4 tie bars in the
longitudinal direction. Concrete shall be designed to produce a compressive
strength of 3000 psi at 28 days. The design of the mix and source of supply shall
be subject to approval of the Engineer.
E. Pavement shall be replaced with the same type of pavement that exists prior to cutting
and shall consist of either bituminous surface course (double treatment), 2" of hot plant
mix asphaltic concrete, or 8" of Portland Cement concrete; all conforming to
specifications of the Department of Transportation for each type.
1. All pavement shall be repaired within the same week that it is cut. Should
inclement weather delay pavement replacement, the Contractor shall not cut
additional pavement until he has notified the Engineer and received specific
permission and instructions.
2. For asphalt pavement or bituminous surfacing, the entire area to be resurfaced
(including edges of existing pavement) shall be primed with an acceptable
asphalt prime coat just prior to placing new pavement.
4.7 REPAIRS TO DAMAGED SERVICES AND UTILITIES
Repairs to damaged services and utilities shall be promptly made at the Contractor's expense.
The Contractor shall use every effort to avoid damaging or breaking water, sewer, gas, power,
telephone or other utility services. Utility lines shall be properly supported across the pipe trench
until backfilling is completed. Should damage occur, immediate action shall be initiated to effect
satisfactory repairs. All repair work shall be satisfactory to the Engineer and the Owner of the
damaged utility.
4.8 DUST CONTROL
The Contractor shall control dust throughout the life of the project within the project area and at all
other areas affected by the construction of the project. Dust control shall not be considered
effective where the amount of dust creates a potential or actual unsafe condition, public nuisance,
or condition endangering the value, utility, or appearance of any property. The Contractor will not
be directly compensated for any dust control measures necessary, as this work will be considered
incidental to the work covered by the various contract items. The Contractor will provide dust
control measures as directed by the Engineer.
4.9 MISCELLANEOUS ITEMS
The Contractor shall be responsible for removing and replacing miscellaneous items in conflict
with the pipe work such as mail boxes, signs, fences, walls, shrubbery, private ornamental items,
etc. Shrubbery and plantings shall be preserved by proper root protection and watering until
replanted; however, the Contractor will not be required to guarantee replanted items. No
additional payment will be made for removing and replacing miscellaneous items.
Orange County DAA PN R00592-225N2
Walnut Grove Wastewater System January, 2021
33 34 00-17
DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
SECTION 33 34 00 - FORCE MAINS
PART 5 -TESTING AND CLEAN-UP
All pipelines shall be tested in accordance with the following requirements:
5.1 PRESSURE TESTING
A. Prior to pressure testing, the Contractor shall pig the line with a properly sized pig. The
Contractor shall provide the necessary water for flushing the pig through the entire pipe
length in order to remove debris and trash from the line.
B. Each section of the pipeline shall be subjected to and successfully meet a pressure test
of 150 psi. The line shall be slowly filled with water and all air expelled through the air
valves or other means. A suitable test pump, furnished by the Contractor, shall be
connected to the line by means of a tap in the line, or other suitable methods, and the
proper test pressure slowly applied to the line. The pressure test shall be maintained for
at least one hour, at full test pressure. Leaks, if found, shall be immediately repaired.
C. After the pressure test is complete, a leakage test shall be conducted. Leakage test shall
be conducted by measuring, by suitable and accurate methods (measuring devices to be
furnished by the Contractor), the amount of water which enters the test section under
maximum operating pressures for a period of at least two hours.
D. No pressure pipe installation will be accepted until leakage is less than the number of
gallons per hour for each section tested, as determined by the following formula:
L = ND(P)1/2
3700
L- Allowable leakage, in gals. per hour
N - Number of joints in the length of line under test
D - Nominal diameter of the pipe, in inches
P - Average test pressure, in psi
Should any test disclose leakage greater than that allowed above, the Contractor shall, at
his own expense, locate and repair the defect until the leakage is within the specified
allowance.
E. Water for testing one times the volume of the new lines total will be furnished by
the Owner at no cost to the Contractor after which normal water usage charges will
be made. Contractor shall furnish all necessary pipe or hose extensions or
transportation to the point of use and shall exercise care in the use of water.
5.2 CLEAN-UP
A. All pipeline rights-of-way and pipework areas shall be cleaned up and left in satisfactory
condition.
B. Clean-up of work along highways or roads shall be performed immediately upon
completion of the backfill operation. Pipe laying shall be stopped at any time that clean-
up work lags and shall not be resumed until clean-up progress is satisfactory to the
Engineer.
Orange County DAA PN R00592-225N2
Walnut Grove Wastewater System January, 2021
33 34 00-18
DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
SECTION 33 34 00 - FORCE MAINS
C. Clean-up of work for cross country locations shall follow immediately upon completion of
any major part of the work or upon instruction by the Engineer. Topsoil shall be replaced
on all areas of disturbed by the pipeline work throughout the length of the water mains,
and to the full satisfaction of the property owner. Topsoil may be removed from the line
of work and stockpiled for future use. It shall be carefully removed, stockpiled, protected,
respread, dressed off, and the entire right-of-way left in condition acceptable to the
Engineer and property owner. If topsoil is not stockpiled and protected, suitable,
approved material from other sources shall be provided. Where the line is located on
pasture land, grassed areas, or roadway shoulders, grass shall be replaced.
PART 6 - GRASSING
6.1 The disturbed pipeline area shall be seeded in accordance with Section 32 92 00, Seeding and
Mulching.
PART 7 - INSPECTION AND ACCEPTANCE
7.1 All work shall be subject to inspection and approval prior to final acceptance and payment. Final
acceptance shall be contingent upon the following:
7.2 All pressure and leakage tests shall yield satisfactory results.
7.3 Final clean-up will meet the approval of the Engineer, the Owner, and property owners where
applicable, with all defects in ditch settlement, pavement patches or other deficiencies being
promptly corrected.
END OF SECTION 33 34 00
Orange County DAA PN R00592-225N2
Walnut Grove Wastewater System January, 2021
33 34 00-19
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
Appendix 1
Soil/Site Evaluation for On - Site
Wastewater System -
Alan Clapp
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
Alan Clapp
Licensed Soil Scientist
389 Clapp Farms Road
Greensboro, NC 27405
Phone:336-202-6808 alanclapp63@gmail.com
Soil/Site Evaluations-Septic Systems Layout and Design-Storm Water Assessment-Preliminary Evaluations
April 9, 2020
C. Tyrus Clayton, Jr., PE
Draper Aden Associates
114 Edinburgh South Drive, Suite 200
Cary,NC 27511
RE: Orange County Solid Waste Convenience Center
3605 Walnut Grove Church Road
PIN: 9867419070— 18.13 Acres
Orange County,NC
Mr. Clayton:
On April 9, 2020, the property referenced above in northern Orange County on Walnut
Grove Church Road was evaluated to facilitate permitting for a septic system. The
property is currently served by a NC DEQ Pump and Haul permit. The property must
have a new wastewater system in place by February 2021. This report and attached
documents were prepared to meet the requirements for a Licensed Soil Scientist
evaluation to meet SL 2018-114 Section 11 (c) requirements. Soil borings were made
and examined to determine soil suitability for on-site sewage disposal systems in
accordance with 15A 18A .1900 Rules for Sewage Treatment and Disposal Systems.
These borings were made using a hand auger. The property was traversed and numerous
borings were made in a transect-type sampling pattern to perform the soil/site evaluation.
An existing site map was provided by Draper Aden Associates and Orange County Solid
Waste. The facility location is already in place with property boundary staked by Draper
Aden Associates of Cary,NC. A septic layout was performed to demonstrate available
space (.1945). The soil boring locations and layout will be noted on the surveyed site
plan. The soil profile descriptions and locations along with the septic layout drawing will
be located on attached plans. Under state regulations, sites for subsurface sewage
disposal systems (septic tank systems) are evaluated for landscape position and
topography, soil characteristics (structure, mineralogy and texture), soil depth, soil
wetness, restrictive horizons, and available space. This property is in the geologic area of
the Carolina Slate belt with mafic and felsic parent materials on the tract.
Typical Septic System used in Piedmont of NC:
The most common septic systems used in the North Carolina Piedmont are listed with the
Project# 320059
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
corresponding minimum usable soil depth required and any trench length reduction if
allowed noted in parentheses: conventional (30"), shallow conventional systems (24"
with soil cap), chamber systems (24"with soil cap and 25% drain field reduction),
polystyrene systems (24"with soil cap and 25% drain field reduction), vertical panel
block systems (requires at least 34" of usable soil and allows 50% drain field reduction),
horizontal panel block systems (requires 26" of usable soil depth and allows 50% drain
field reduction), large diameter pipe (24"), low pressure pipe (24"), low profile chamber
(20"), low pressure fill (18") and drip irrigation(18"). A pump can be used to deliver
effluent to the usable soil area if gravity flow cannot be achieved. Also, a pump is
required on any system with over 750' of drain field. The percent reduction means the
amount of drain field trench length reduction for that product as compared to
conventional trenches. Certain models of chamber systems and polystyrene bundle
systems are considered accepted trench products. Accepted trench products can be
substituted in lieu of conventional gravel trenches.
Septic System Setbacks:
The following setbacks must be taken into consideration in identifying a septic system
area for flows less than 3000 gallons per day. Verify if any Orange County additional
setbacks will apply.
Private Water Supply Source: wells or springs: 100,
Private Water Supply Source with site-planning considerations: 50'
Public Water Supply Source: 100,
WS-1 Streams: 100,
SA Coastal waters: 100,
Other coastal waters: 50'
Other streams, canals, marshes or surface waters: 50'
Class I and 11 reservoirs: 100,
Permanent Storm Water retention ponds: 50'
Building foundation: 5'
Basement: 15'
Property line: 10,
Embankments or vertical cuts>2' deep: 15'
Any water line: 10,
Drains:
Interceptor, Foundation, and storm
Upslope: 10,
Side slope: 15'
Down slope: 25'
Groundwater lowering ditches: 25'
Swimming pool: 15'
Any other nitrification field: 20'
(from 15A NCAC 18A 1950 Location of Sanitary Sewage Systems)
Project# 320059
DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
SL 2018-114 (0 Conditions and Site Features:
The information below is provided to facilitate the IP/CA issuance. The water supply is
proposed to use the existing well. One additional feature I would recommend is to
construct protective fencing around the soil area and septic layout. The perimeter of
the septic layout is marked with double wire flags denoting septic lines. Due to the
limited area of usable soil and layout, there is no room for error if a portion of the of the
field or repair is destroyed during construction. No grading, filling, storage, compaction
or disturbance should be allowed over the soil/septic area.
3 605 Walnut Grove Church Road
PIN: 9867419070— 18.13 Acres
Design Flow: 4 employees x 25 gpd/employee= 100 gpd
LTAR: .2 gpd/ff
Trench Bottom Square Footage Required: 100 gpd/.2 gpd/ftz= 500 ftz
Drainfleld Requirement: 500 ft2/3 ft trench= 167 ft.
System and Repair Requirement:
Conventional trench: 334' (167'+ 167')
Usable Soil Depth (Initial): 38" (Based on borings A, B and D in usable soil area)
System Type: Conventional Trench for initial with pump delivery. (Illb)
Usable Soil Depth (Repair): 28" (Based on borings B, C, E and F in usable soil area)
System Type: Conventional Trench for repair with imported soil cap and pump delivery. (Illbu)
System Distribution: Initial system with Pressure Manifold.
Septic Layout:
Line Color Length' Elev. Initial Repair
1 White 64' 511111 64'
2 Blue 65' 61411 65'
3 Orange 66' 6' 8.5" 66'
4 Purple 68' 7' 1.5" 68'
5 Lime 71' 711111 71'
6 White 72' 8' 5.5" 72'
Total: 406' 195, 211'
1. Amount of line length meets available space requirements (.1945)
2. Lines laid out 9' on center at minimum
3. Benchmark Elevation: Top of EIP @ property corner adjacent to layout: 5'4"
4. Line lengths measured with Rolatape measuring wheel
5. Line ends are double flagged.
6. Usable soil depths are slope corrected.
Project# 320059
DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
Initial System Specifications:
Line Color Layout Needed
Length Length
1 White 64' 55'
2 Blue 65' 55'
3 Orange 66' 57'
Total: 195' 167'
Dosing Volume:
66—75% of pipe volume
167' of pipe x 65.3 gal/100' = 109 gallons
66%: 109 x.66 = 73 gallons
75%: 109 x.75 = 82 gallons
Pressure Manifold Tap Requirements:
Line Tap Dia. Tap Sch. Tap Flow' Line Length Flow/Foot
1 %" 80 10.1 55' .18
2 %" 80 10.1 55' .18
3 %" 80 10.1 57' .18
Total: 30.3 167'
1. Tap Flows @ 2' Pressure Head
2. Pump shall be sized to deliver 33 gpm @ TDH determined by pump and manifold
elevation and location and allows for vent hole flow loss.
Notes:
1. Septic system is to serve only the employees (4) of the facility
2. No public restrooms
3. Facility Hours of Operation:
a. Monday,Tuesday,Thursday, Friday 7 am—6 pm
b. Saturday 7 am—5 pm
c. Sunday 1 pm—6 pm
d. Wednesday closed
4. Domestic wastewater only
5. The septic field is remote to the facility location.
6. Soil series: Herndon
7. A thin layer of red clay fill was found to be existing over the usable soil area with 3-17"
at varying depths
8. Soil area lies in cow pasture adjacent to Freeland property
9. Recommend fencing off drainfield area from livestock
10. System is to replace current Pump and Haul system used at facility
11. Existing well serves as water supply for facility
Project# 320059
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
Pressure Manifold—Typical End View
Lid
3"Slip-on Cap
Drilled Oversize
(Not Glued)
Grout
Manifold 13
Observation Port
---------- Drain Plug
Base for Manifold Threaded Tap PVC'/4 Turn Ball Valve Level Stable Base
(gravel)
Project# 320059
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
Electrical Conduit PVC Union
Audible/Visible Duct Sealant at Both Ends PVC Ball Valve
External Alarm
Hydraulic Cement Seal to Non-Corrosive cable/rope
Riser
Control Panel Electrical from pump
NEMA 4X 6"+Above Finish Grade
Enclosure Sloped Away
12"+Above
Grade /Mastic+Hydraulic Cement
Two Separate L/ Flexible Boot
Circuits (Recommended)
(Non-GFI)
Floats 2"PVC Discharge Pipe
PVC Check Valve
PVC Float Support Sleeve
All S/S Clamps 3/16"Vent Hole
Sewage Effluent Pump
(sized to meet GPM @ TDH
design specifications)
Stable/4"Gravel Base
'z?<v>`:v>v> 4„block
TYPICAL PUMP TANK DETAIL
SPECIFICATIONS
Not to Scale
➢ The Alarm shall be located adjacent to the pump tank and approved for outdoor locations(NEMA 4X or equal)
➢ The circuit serving the alarm shall be on a separate circuit from the pump
➢ The control panel enclosure shall be mounted at least 3-5'above grade on a durable,sturdy,non-corrosive post such as a pressure
treated 4X4
➢ The floats shall be supported using non-corrosive materials separate from the discharge pipe. The float wire pivot points shall be
secured with durable straps such as all stainless-steel clamps or equivalent. The floats should be strapped to a 2"removable PVC
pipe sleeve located over a smaller diameter weighted standpipe. The floats shall be adjustable and replaceable without entering
the tank or removing the pump. The pump off level shall be set to keep the pump submerged.
➢ Pipe penetrations shall be through approved flexible boots or sleeves. The riser and conduit shall be sealed to the tank with pliable
mastic followed by a troweled coat of hydraulic cement.
All piping shall be Schedule 40 minimum PVC. All fittings shall be PVC pressure fittings labeled NSF-PW. Valves and unions
shall be located within 18"of the riser cover and should be Schedule 80 or equal.
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
The alarm circuit shall be supplied ahead of the pump circuit overload device(on a separate
circuit). The alarm shall be provided with a test button-which activates both the light and horn. In
the event of a high-water condition, activation of a"silence" switch will bypass the horn and
leave the visual alarm on. Any recurrence of the high-water condition will automatically
reactivate the horn and light. Alarm panels that are mounted indoors may be used in addition to,
but not instead of the exterior alarm panel.
PUMP CONTROLS (FLOATS)Electrical control floats or similar devices designed for detecting
effluent levels shall be provided to activate and deactivate the pump. The pump-off elevation
shall be set to keep the pump submerged at all times. A separate float to activate the high-water
alarm shall be set to activate within 6 inches of the pump-on elevation. Underwriter's Laboratory
or an equivalent third party electrical shall list the level sensing devices testing and listing agency.
The floats shall be supported utilizing durable, corrosion resistant material, and shall be
adjustable,removable,and replaceable without requiring dewatering, entrance into the tank,or
pump removal. An acceptable method would be to provide a PVC vertical weighted pipe with
the float cables secured at the proper elevation using"all stainless steel"clamps at the float
pivot points. Care must be taken to ensure that the sharp edge of the clamp does not bear on the
wire insulation. Plastic tie-wraps alone, or strapping floats to the discharge pipe are not
acceptable.
CONDUCTORS (WIRES) shall be conveyed to the disconnect enclosure through waterproof,
gasproof, and corrosion-resistant conduits. Wire grips, duct seal, or other suitable material shall
be used to seal around wire and wire conduit openings. There shall be no splices within the pump
tank or tank access riser.
When necessary or specified,the tanks and control panel shall be protected from vehicular traffic
by constructing guardrail or bollards.
GENERAL DRAINFIELD REQUIREMENTS AND BEST CONSTRUCTION
PRACTICES
1. Any clearing or preparation of the nitrification field shall be done without removal,
disturbance, or compaction of soil. The contractor shall establish and stake the contour lines of
the drainfield area before the installation and before the preconstruction conference,when
required. Tree or sediment protective fencing shall be installed around septic area to
eliminate construction traffic and soil compaction on septic area.
2. The drainfield lines shall be installed shallow, and on contour. Drainfield trenches shall be
installed level and shall follow the ground contours. An engineer's level or laser shall be used in
staking and constructing the lines. Trench depth shall not exceed the maximum specified on the
Construction Authorization,unless otherwise specified, (i.e.ultra-shallow systems). Trench
installation specifications from product manufacturers shall be followed.
3. No construction or backfilling shall be done when soil conditions are wet enough to cause a
smearing or compaction of the soil in the drainfield or repair area.
4. The pipe between the septic tank and drainfield, or between the septic tank and pump tank
shall be a minimum of 3" schedule 40 PVC or equivalent,with a minimum fall of 1/8"per foot.
All joints from the septic tank to the drainfield shall be watertight. The pipe shall be on a firm,
Project# 320059
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
stable surface and secured. There shall be a 2'dam of undisturbed earth before a gravel trench
begins. All other trench types per manufacturer. The pipe shall then be inserted at least 2'into
the corrugated pipe. A cleanout to the ground surface shall be located at the end of the gravity
pipe(the beginning of the drainfield)when the drainfield is over 50' from the tank.
5. The trench bottoms shall be smoothed and level with loose soil removed.
6. When necessary to change to a new contour, a step-down shall be constructed of a 2'
undisturbed earth dam,which is raised to an elevation equal to the upstream gravel surface.
However,precautions shall be taken to prevent raising the level of the effluent in the tank.
Schedule 40 pipe (3"minimum) shall be used in crossing dams. Fittings will be needed to make
the turns. The rigid pipe shall extend at least 2 feet into the level portion of the corrugated pipe.
Area taken up by dams and step-downs shall not count as part of the footage required.
7. The soil cover over the drainfield shall be to a depth of at least 6". Boulders should be
removed from the backfill material to prevent damage to the pipe. The finished grade shall be
smoothed to prevent ponding of surface water over the drainfield. Surface water from upslope,
including foundation and gutter drains, shall be effectively diverted away.
8. A vegetative cover of grass over the drainfield shall be established after final grading to
prevent erosion.
Installation and Testing Recommendations:
I. A pre-construction conference is recommended to be attended by the installer and health
department prior to beginning construction of the system.
2. For Accepted trench products use manufacturer's specifications. Installer should be
certified by manufacturer.
3. The septic tank, dosing tank,risers and pipe penetrations shall be demonstrated to be
watertight by a 24-hour leak test(no measurable leakage in 24 hours). The test shall be
run with riser's inlet/outlet pipes installed.
4. Care shall be taken during installation to prevent extraneous debris from entering tanks,
supply lines or distribution network. Supply lines and manifold shall be flushed prior to
system start-up.
5. A pump delivery rate shall be measured and the floats adjusted according to the measured
delivery rate to achieve the design flow at design head. All other mechanical
components,pump(s),pump cycling, filters, etc.,as applicable must be demonstrated to
be fully operable in accordance with their design.
6. Install water line, electrical lines and other buried utilities around septic and repair areas.
7. Keep repair areas free of parking and any future construction. Maintain grass cover over
drainfield and repair areas to stabilize soil from eroding.
8. Proposed Septic Tank,Pump Tank and Pressure Manifold locations are at the discretion
of the Health Department at time of the preconstruction conference.
9. Call NC 811 to mark any utilities prior to digging.
Project# 320059
DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-081 1 OE72140A
\ 2" Supply Force Main
O
Regulating Gate Valve
Union
Straps to secure Manifold to Vault
4"Manifold Sch. 80 PVC
Threaded Tap
3" Gravity Supply Pipes to lines
1/8"per foot minimum grade with cleanout
Manifold Detail Specifications:
Manifold and Manifold Vault shall be
Line 1 installed on a stable gravel base. The
vault shall be easily drainable, protected
t6" OCmin from freezing and provided with a lid.
Taps shall be located level and 6" on
Line 2 ❑ center. The manifold shall be Sch. 80
PVC. All other pipes and fittings shall be
Sch. 40 pressure rated (PW).
Line 3
Force Main (Supply): 2" Sch. 40
Manifold Size: 4" Sch. 80
Tap Size: 3/4"Sch. 80
Number of Taps: 3
Nitrification Line Length: varies see
Tap Sheet Requirements for each
length
013
*Ensure '/4-Turn Ball Valves are sized to
allow full tap flow to gravity supply pipe
without restricting flow. May require next
size larger valve than tap.
'/4 Turn Ball Valves* ('/2",3/4"or 1"Sch. 80)
Pressure Manifold Vault with Lid
Turn-up w/cap (pressure rated)
(Pressure Head Check)
1"Drain Hole with plug
Project# 320059
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
Conclusions:
In North Carolina, two primary options for septic system permitting exist. In the
traditional option, the local county health department can evaluate and permit any site. A
new version for the traditional permit is now allowed by NC Session Law 2018-114. In
this version, a NC Licensed Soil Scientist can evaluate a lot and submit soil information
on each lot to the Health Department in lieu of the Health Department evaluation. In the
traditional permitting model, the county in the form of an Improvement Permit grants site
approval. An Authorization to Construct a Wastewater System is issued once building
floor plans are reviewed and the Improvement Permit is issued. The county issues an
Operation Permit after the system has been installed to meet the specifications of the
Authorization to Construct. Septic layouts and system design can be performed as
needed. The totally private permitting option is the Engineer Option Permit(EOP). A
NC Licensed Engineer, a NC Licensed Soil Scientist and a NC Registered Septic Installer
can evaluate, design and install a septic system without Health Department involvement
other than record keeping.
The attached soil map and septic layout maps are based on soil boring,property iron and
flag locations collected using an EOS Arrow 100 GPS and iCMTGIS Pro app and then
overlain over the Orange County tax parcel layer, topography(contours), hydrology and
aerial imagery layer in PCGIS X software. A one inch to 125'scale version of the maps
will be provided. The map is scaled to print on I I"x 17" (Tabloid)paper in Landscape
format. The GPS locations can be accurate to submeter but should not be considered as
accurate as survey located points and property lines. Property corners where found were
collected and are noted on the soils map.
Site Recommendations:
1. Construct protective fencing around the soil area and septic layout to protect from
grading, compaction, livestock and construction traffic.
2. Contact NC 811 prior to any digging
This LSS Evaluation is being submitted pursuant to and meets the requirements of
SL 2018-114 Section 11. (c).
Please feel free to contact me if you have any further questions.
Alan Clapp
NC Licensed Soil Scientist#1058
NC Registered Environmental Health Specialist#1118
NC Subsurface Wastewater Operator#1009092
Project# 320059
DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
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DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
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DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
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04-09-2020
DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811OE72140A
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04-09-2020
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
Appendix 2
General Conditions
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EXHIBIT 1----GENERAL CONDITIONS
Table of Contents Page
Article1. Definitions......................................................................................................................3
Article 2. Correlation, Interpretation, and Intent of Contract Documents.....................................7
Article 3. Familiarity with Work, Conditions and Laws..................................................................8
Article4. Bonds............................................................................................................................9
Article 5. Insurance and Indemnity ..............................................................................................9
Article 6. Other Record Documents and Submittals...................................................................16
Article7. Contractor....................................................................................................................18
Article8. Owner .........................................................................................................................26
Article 9. Construction Manager ................................................................................................26
Article10. Designer ...................................................................................................................26
Article11. Testing and Surveying..............................................................................................27
Article 12. Separate Contracts...................................................................................................27
Article13. Contract Time ..........................................................................................................28
Article 14. Changes in the Work ...............................................................................................31
Article 15. Change of the Contract Price ..................................................................................33
Article 16. Unforeseen Conditions.............................................................................................35
Article 17. Correction of Work before Final Payment ...............................................................35
Article 18. Correction of Work after Substantial Completion; Warranties and Guaranties........36
Article 19. Owner's Right to Do Work .......................................................................................37
Article 20. Partial Payments .....................................................................................................37
Article21. Final Payment..........................................................................................................40
Article 22. Contractor, Subcontractor and Supplier Affidavit ....................................................41
Article 23. Assignments and Subcontracts................................................................................41
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Article 24. Measurements........................................................................................................41
Article 25. Contractor and Subcontractor Relationships..........................................................42
Article26. Use of Premises .....................................................................................................42
Article 27. Cutting, Patching and Fitting ..................................................................................42
Article 28. Dispute Resolution ................................................................................................43
Article29. Taxes......................................................................................................................43
Article 30. Operation of Owner's Facilities...............................................................................44
Article 31. Third Party Beneficiary Clause...............................................................................44
Article 32. Measurement of Quantities ....................................................................................44
Article 33. Termination by the Owner for Cause .....................................................................44
Article 34. Termination or Suspension by the Owner for Convenience...................................45
Article 35. Minority Business Enterprise Program........................................................46
Article 36 E-Verify, Iran Divestment, Israel Boycott, and Digital....................................46
Article37. General...................................................................................................................46
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ARTICLE 1. DEFINITIONS
1.1 Agreement - The Construction Contract, these General Conditions, and any Supplementary
Conditions.
1.2 AIA- The American Institute of Architects.
1.3 ASTM - The American Society for Testing and Materials.
1.4 Beneficial Occupancy— Use of the Project by the Owner after Substantial Completion, but
prior to Final Completion..
1.5 Change Order-A written order to the Contractor signed by the Owner and the Designer
authorizing an addition, deletion, or revision in the Work and/or an adjustment in the Contract
Price and/or the Contract Time issued after execution of the Construction Contract. See
paragraph 14.1.
1.6 Completion Date -Those dates identified as Completion Dates in the Contract Construction
Schedule or elsewhere in the Contract Documents.
1.7 Construction Contract—The document executed by the Contractor and the Owner to
formally memorialize their consent to the terms of the Agreement.
1.8 Construction Change Directive —A written order to the Contractor signed by the Owner and
the Designer directing an addition, deletion, or revision in the Work after execution of the
Construction Contract, in circumstances when the parties have been unable to agree on an
adjustment to the Contract Price or the Contract Time, but the Owner requests that the
Contractor proceed with said addition, deletion, or revision in the Work subject to adjustment of
the Contract Price and/orContract Time under the procedures described herein.
1.9 Construction Manager(s) - The person(s) or firm designated as the Construction Manager in
the Contract Documents, or their authorized representatives. The Construction Manager(s), as
referred to herein, will be referred to hereinafter as if each were of the singular number and
masculine gender.
1.10 Contract Construction Schedule -That schedule described in Article 13 hereof and
identified as the Contract Construction Schedule.
1.11 Contract Documents -All of the documents that make up the Agreement, plus the
Drawings and Specifications that describe the scope of the Work, plus allowable Modifications
to the Contract Documents.
1.12 Contract Price - The total monies payable to the Contractor under the Contract Documents
pursuant to paragraph 15.1 of the Agreement.
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1.13 Contract Time - The number of calendar days stated in, or computed from, the Contract
Documents for the completion of the Work, or any portion thereof. See, particularly, Article 13
hereof and the Contract Construction Schedule. Time of completion as specified therein is of the
essence. The time used and referred to on the Project will be that time which is observed in
Raleigh, North Carolina, being Eastern Daylight Savings Time (EDT), Eastern Standard Time
(EST), or other as designated by the Designer.
1.14 Contractor- The Contractor shall be that party identified as such in the Contract
Documents.
1.15 Days - Unless otherwise indicated, the term "days" shall mean consecutive calendar days.
1.16 Daylight Hours - The hours or portions of hours between sunrise and sunset local time.
1.17 Designer(s)—The person or firm designated as the Designer in the Contract Documents,
or their authorized representatives. The Designer(s), as referred to herein, shall mean architect,
landscape architect, and/or engineer. They will be referred to hereinafter as if each were of the
singular number and masculine gender. On projects for which there is no Designer designated
references to approvals or authorizations of or by the Designer shall be interpreted to refer to
approvals or authorizations of Owner or Owner's designee.
1.18 Drawings - The Drawings are the graphic and pictorial portions of the Contract Documents,
wherever located and whenever issued, showing the design, location, and dimensions of the
Work, and generally including plans, elevations, sections, details, schedules and diagrams. A
list of the Drawings is contained in the Contract Documents.
1.19 Field Order-A written order issued by the Designer which clarifies or interprets the
Contract Documents or orders minor changes in the Work in accordance with the Contract
Documents. See paragraph 14.2.
1.20 Final Completion -The point at which the Contractor has completed the Work, with the
exception of guaranty and warranty obligations and as determined by the Designer and
becomes entitled to final payment upon the recommendation of the Designer and determination
by the Owner.
1.21 The words "furnish," "furnish and install," "install," and "provide" or words with similar
meanings shall be interpreted, unless otherwise stated, to mean furnish and install complete, in
place and ready for service.
1.22 Liquidated Damages — See paragraph 13.18 of these General Conditions.
1.23 Modification - (A) a written amendment to the Contract Documents signed by the Owner
and the Contractor and identified therein as such, (B) a Change Order, (C) Construction
Change Directive, or (D) a Field Order. A Modification may only be issued after execution of the
Agreement.
1.24 Notice of Award - The written notice by the Owner to the Contractor that the Contractor is
the successful Bidder and that upon compliance with the conditions precedent to be fulfilled by
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the Contractor within the time specified, the Owner will execute and deliver the Agreement to
him.
1.25 Notice to Proceed - See paragraph 13.3.
1.26 Owner- The Owner is the person designated as such in the Agreement.
1.27 Owner's Representative - A person, or persons, authorized and employed by the Owner
and designated from time to time by written notice to the Contractor to administer the Contract
Documents, and to observe and monitor the Work on behalf of the Owner with authority and
responsibility as herein specified.
1.28 Notice -The term "notice" or"written notice" as used herein shall mean and include all
written notices, demands, instructions, and claims approvals and disapprovals furnished by the
Owner or the Designer to obtain compliance with the requirements of the Contract Documents,
as well as all written notices, demands, instructions and claims furnished by the Contractor as
required by the Contract Documents. Where notice is required under the terms of the Contract
Documents written notice shall always be required, and oral or "constructive" notice shall be
insufficient and ineffective as notice. Email or other electronic delivery shall be insufficient and
ineffective as notice unless specifically allowed by the Supplementary Conditions or a
Modification to the Agreement. Written notice shall be deemed to have been duly served on the
date that it is delivered in person to the individual or to a member of the firm, to an officer of the
corporation for whom it is intended, to an authorized representative of such individual, firm, or
corporation, or on the date that it is mailed by registered or certified mail, return receipt
requested, addressed to the last business address of such individual, firm, or corporation known
to the person giving the notice. Written notice may also be given by facsimile transmission,
provided that proof of delivery is obtained. In the case of delivery in person, such delivery shall
not be effective unless and until a written and signed receipt showing the date and time of
delivery is obtained.
1.29 Project - The total construction of which the Work performed under the Contract
Documents may be the whole or a part.
1.30 Project Expediter—As used herein, is an entity stated in the Contract Documents,
designated to effectively facilitate scheduling and coordination of Work activities. For the
purpose of a single prime contract, the single prime contractor is designated as the Project
Expediter. For the purpose of a project involving separate prime contracts, the Contractor
for general work shall be designated as the Project Expediter unless otherwise indicated in
the Supplementary General Conditions. See paragraph 7.27.
1.31 Project Manager- That person designated by the Contractor in accordance with paragraph
7.2 who shall be in general charge of the Work and its performance and who shall have the
authority set forth in the last sentence of paragraph 7.2.
1.32 Request for Information -A written communication from the Contractor to the Designer for
any interpretation of, or information needed, required, or desired under the Contract Documents.
The Owner reserves the right to determine the reasonable format and contents required for a
Request for Information. In any Request for Information, the Contractor shall state a reasonable
date by which a response is necessary in order to avoid delay in progress on the Work and shall
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make such request sufficiently in advance of such date as to avoid any such delay. The
Designer shall respond in writing to the Request for Information by the date stated by the
Contractor unless he cannot reasonably do so, in which case he shall prior to that date notify
the Contractor of the date by which he can reasonably respond. The Contractor shall not be
entitled to any additional time for the completion of the Work or any portion thereof by reason of
the Designer's failure to respond if he has not submitted his Request for Information sufficiently
in advance to allow the Designer a reasonable time within which to respond.
1.33 Request for Payment - The form, in the form of AIA Document G702 (latest ed.) or other
published document approved by Owner, which is to be used by the Contractor in requesting
progress payments and which is to include a Schedule of Values as required by the Contract
Documents and an affidavit of the Contractor that progress payments theretofore received from
the Owner on account of the Work have been applied by the Contractor to discharge in full all
the Contractor's obligations incurred in connection with Work covered by all prior applications for
payment. See paragraph 20.2.
1.34 Resident Superintendent - That person designated by the Contractor in accordance with
paragraph 7.2 who has day-to-day responsibility for the prosecution of the Work and the
obtaining of proper materials and equipment, and adequate labor and who shall have the
authority set forth in the last sentence of paragraph 7.2.
1.35 Schedule of Values - Any breakdown of the Contract Price which may be required by the
Contract Documents, and designated as such. See paragraph 20.1.
1.36 Specifications -That portion of the Contract Documents consisting generally of the written
requirements for materials, equipment, construction systems, standards, and workmanship for
the Work and performance of related services.
1.37 Subcontractor-A person, firm, or corporation who has entered into a direct contract with
the Contractor to perform any of the Work at the Project.
1.38 Submittal - Shop drawings, product data, samples, and other documents required by the
Contract Documents to be submitted by the Contractor to the Designer.
1.39 Submittal Register- See paragraph 13.2 of these General Conditions.
1.40 Substantial Completion - The point at which the Work, and Work by other Contractors on or
in connection with the Project, as determined by the Designer, is sufficiently complete in
accordance with the Contract Documents that it can be beneficially occupied by the Owner, and
the Work can be utilized by the Owner for its intended use, and all necessary permits and
permissions for Beneficial Occupancy and utilization having been obtained by the Contractor. All
operations and maintenance manuals, Owner training, and as-built drawings must be submitted
prior to Substantial Completion being achieved.
1.41 Sub-subcontractor-A person or entity that has a direct or indirect contract with a
Subcontractor to perform any of the Work at the Project.
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1.42 Work - The construction and services required by the Contract Documents, including all
labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill
the Contractor's obligations.
1.43 All references in the Contract Documents to the masculine shall be interpreted as including
the feminine or neuter and all references in the Contract Documents to the singular or the plural
shall be interpreted as including the other, as may be appropriate in the reasonable
interpretation of the Contract Documents.
ARTICLE 2. CORRELATION, INTERPRETATION AND INTENT OF CONTRACT
DOCUMENTS
2.1 It is the intent of the Specifications and Drawings and other Contract Documents to describe
a complete Project in accordance with the Contract Documents.
2.2 The Contract Documents are complementary; what is called for by one is as binding as if
called for by all. If the Contractor finds a conflict, error or discrepancy in the Contract
Documents, the Contractor shall notify the Designer in writing before proceeding with the Work
affected thereby. In resolving such conflicts, errors and discrepancies, the Contract Documents
shall be given preference in the following order: Construction Contract, Modifications, Addenda,
General Conditions, Specifications, and Drawings. Figure dimensions on Drawings shall govern
over scale dimensions, and detailed Drawings shall govern over general Drawings. Any Work
that may reasonably be inferred from the Contract Documents as being required to produce the
intended result shall be supplied whether or not it is specifically called for. Work, materials or
equipment described in words which, so applied, have a well-known technical trade meaning
shall be deemed to refer to such meaning and to incorporate any recognized standards which
are a part of such meaning if not otherwise defined within the Contract Documents.
2.3 Miscellaneous items, accessories and work which are not specifically mentioned, but which
are essential to produce a complete and properly operating installation, or useable structure or
plant providing the indicated function shall be furnished and installed without change in the
Contract Price. Such miscellaneous items and accessories shall be of the same quality
standards, including material, style, finish, strength, class, weight and other applicable
characteristics, as specified for the major component of which the miscellaneous item or
accessory is an essential part, and shall be approved by the Designer before installation. This
requirement is not intended to include major components not covered by or inferable from the
Contract Documents.
2.4 The Work of all trades under the Contract Documents shall be coordinated by the Contractor
in such a manner as to obtain the best workmanship possible for the entire Project and all
components of the Work shall be installed or erected in accordance with the best practices of
the particular trade.
2.5 The Contractor shall fully complete the Work and shall be responsible for all of the Work
under the Contract Documents to which the Construction Contract applies. If the Contractor is
prevented from doing so by any limitation of the Contract Documents, the Contractor shall
immediately give notice thereof to the Designer and the Owner in writing.
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2.6 Standard specifications or manufacturers' literature, when referenced, shall be of the latest
revision or printing unless otherwise stated and is intended to establish the minimum
requirements acceptable.
2.7 For those materials specified without the use of brand names, the Contractor shall submit
within thirty (30) days after his receiving the Construction Contract for signatures, any product
that meets the express requirements of the Specifications. Such Submittal shall include
manufacturer's data, test reports, performance data and certifications, samples, erection details,
and other applicable information as required to permit determination by the Designer whether
such proposed products are suitable. The Designer shall be the sole judge as to the suitability of
any proposed product. The burden of proof of quality rests with the Contractor.
2.8 The Contractor is required to examine and read the complete set of Contract Documents for
information concerning the Work, because some of the Work for which the Contractor will be
responsible may be indicated on or in documentation applying primarily to the Work of one or
more other separate prime contractors. No allowance will be made for the Contractor's failure to
become familiar with the complete set of project documents.
2.9 Contractor's requests for clarification or information shall clearly define the cause(s) of
Contractor's request and, as appropriate, shall include Contractor's interpretation and
Contractor's proposed solution.
ARTICLE 3. FAMILIARITY WITH WORK, CONDITIONS AND LAWS
3.1 The Contractor has investigated prior to bidding and is satisfied with all conditions affecting
the Work, including but not restricted to those bearing upon transportation, disposal, handling
and storage of materials, availability of labor, water, electrical power, roads and uncertainties of
weather, or similar physical conditions at the Project site, and the character of equipment and
facilities needed prior to and during prosecution of the Work. The Contractor is satisfied as to
the character, quality and quantity of surface and subsurface materials or obstacles to be
encountered insofar as this information is reasonably ascertainable from inspection of the
Project site, including all exploratory work done by the Owner, as well as from information
presented by the Contract Documents, or any other information made available to the
Contractor prior to receipt of bids. Any failure by the Contractor to become acquainted with the
available information shall not relieve the Contractor from the responsibility for estimating
properly the difficulty or cost of successfully performing the Work.
3.2 The Contractor shall be entitled to make all inferences from the Contract Documents that
would reasonably be made by a contractor having knowledge and experience with similar work;
however, the Contractor shall not be entitled to infer from the Contract Documents any fact or
condition which would not be inferred by a contractor having knowledge and experience with
similar work and the Contractor shall be required to obtain independently such other information
as a knowledgeable and experienced contractor would prudently obtain in order to evaluate any
such condition.
3.3 The Contractor specifically acknowledges familiarity with all Federal, State, and local laws,
ordinances, rules, and regulations which may in any manner affect those engaged or employed
in the Work, or the materials or equipment in or about the Work, or in any way affect the conduct
of the Work and agrees that the Contractor and the Contractor's employees, subcontractors,
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and suppliers will, at all times, comply with same. If the Contractor shall discover any provisions
in the Contract Documents which are contrary to or inconsistent with any such law, ordinance,
rule, or regulation, the Contractor shall immediately give notice thereof to the Designer and the
Owner in writing, identifying any items of Work affected, and the Contractor shall not proceed
until the Contractor has received written direction from the Designer with respect to these items.
If the Contractor performs contrary to or inconsistently with any such law, ordinance, rule, or
regulation without such written direction, the Contractor shall bear all costs which are a
consequence of such performance.
3.4 At times selected by the Designer after execution by the Contractor of the Construction
Agreement, a pre-construction conference shall be scheduled and conducted for the benefit of
the Project.
ARTICLE 4. BONDS
4.1 A performance bond in the full amount of the Contract Price shall be required of the
Contractor to guarantee the faithful performance of the Work in compliance with the Contract
Documents, in such form as may be required by law and approved by the Owner. The bond
shall be dated the same date as the Construction Contract and must be accompanied by a
current copy of the power of attorney for the attorney-in-fact executing such bond on behalf of a
surety company licensed to do business in the state of North Carolina.
4.2 A payment bond in the full amount of the Contract Price shall be required of the Contractor
to guarantee the payment of all labor and material costs or claims in connection with compliance
with the Contract. The payment bond shall be in such form as may be required by law and
approved by the Owner. Said bond shall be dated and executed in the same manner as the
performance bond in paragraph 4.1.
ARTICLE 5. INSURANCE AND INDEMNITY
5.1 CONTRACTOR PROVIDED INSURANCE
The Contractor shall, without limiting its obligations or liabilities, procure, pay for and maintain
such insurance as is required by law and as is required by this Agreement to protect the
Contractor and the Owner from claims for damages for bodily injury, including death, and from
claims for property damage which may arise from the Contractor's or its representatives',
consultants', Subcontractors', agents', or employees' operations under this Agreement. Such
insurance shall be of the kinds and have limits of liability and coverages not less than the
minimum limits hereinafter specified or required by law, whichever is greater. The Owner makes
no representation as to the adequacy or sufficiency of such coverages.
The following requirements shall in no way be construed to limit or eliminate the liability of the
Contractor, which arises from performance of Work under the Agreement. The Contractor is
strictly responsible for any losses, claims, and costs of any kind which exceed the Contractor's
limits of liability, or which may be outside the coverage scope of the policies. The insurance
specified shall be provided by an insurer approved by the Owner, authorized to do such
business in the State of North Carolina, and on terms approved by the Owner. Insurance
companies utilized shall have a minimum rating of A- and Class VII as evaluated by the most
current A.M. Best Rating Guide. If the insurer has a Best Rating less than A- and Class VII, the
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Contractor must receive specific written approval from the Owner prior to proceeding with any
Work under the Agreement.
All agents and brokers shall hold valid licenses from the State of North Carolina. Before
commencing mobilization to the Project site and not later than 7 days after the receipt of the
Construction Contract by the Contractor for signatures, the Contractor shall furnish to the Owner
a certificate or certificates of insurance in a form satisfactory to the Owner. Upon request of the
Owner, the Contractor shall provide the Owner with certified copies of the insurance policies
required by this Article, including without limitation declaration pages, conditions, exclusions and
endorsements, and confirmation that each policy premium has been paid for the required term
of this Agreement. A copy of the umbrella policy shall be provided to the Orange County Risk
Manager. Certificates shall be signed by a person authorized by that insurer to bind coverage
on its behalf. All insurance policies shall provide, as evidenced by Certificates of Insurance, that
the insurance shall not be canceled, reduced, restricted, or changed in any way without at least
30 days prior written notice to the Owner.
With regard to expiration, cancellation, reduction, restriction, or any other change, certificates
shall state: "Should any of the following described policies be canceled before expiration date or
be due to expire within 30 days, the insurer shall mail 30 days prior written notice to named
certificate holder." In the event of any such cancellation, non-renewal, reduction, restriction, or
change in any insurance, the Contractor is obligated to replace such insurance within 7 days
without a gap in coverage and file accordingly such notice with the Owner, and other interested
parties. Failing immediate receipt of evidence of such replacement of insurance the Owner
reserves the right to procure such insurance as the Owner considers desirable and the
Contractor shall pay or reimburse the cost of the premium in respect thereof. It is expressly
provided, however, that any action or inaction on the part of the Owner in this respect shall in no
way change or reduce the Contractor's responsibilities and liabilities under this Agreement.
Self-funded, policy fronting, or other non-risk transfer insurance mechanisms are not acceptable
without prior written approval of the Owner. Full disclosure of such a program must be made
prior to commencing mobilization to the Project site. Failure to make a full disclosure constitutes
a material breach of the Agreement, justifying termination for default.
The Contractor shall name the Owner, the Designer, the Designer's consultants, and the
Construction Manager as additional insureds under all its insurance contracts (except workers'
compensation) with respect to and including without limitation liability arising out of activities
performed by or on behalf of the Contractor, products and completed operations of the
Contractor, and automobiles owned, hired, leased, or borrowed by the Contractor. The
coverage shall contain no special limitations on the scope of protection afforded to additional
insureds.
For any claims related to this Project, the Contractor's insurance or self-insurance shall be
primary and noncontributory with respect to the Owner's insurance. Any insurance or self-
insurance maintained by the Owner shall be excess and noncontributory with respect to the
Contractor's insurance. All policies of insurance shall contain a clause waiving rights of
subrogation against the Owner, unless the Owner approves otherwise in writing. Limits of
coverage are not to be amended by deductible clauses of any nature without the express written
consent of the Owner.
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The Contractor shall be solely responsible for any deductible assumptions that may exist in any
insurance policies required under this Agreement. In addition, the Contractor shall be
responsible and shall not be reimbursed for any losses arising from any risk or exposure not
insured as required herein, or not covered as a result of a normal policy exclusion or that falls
within the self-insured retention, if Contractor self-insured. The Contractor's insurance shall
apply separately to each insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability. The claim provisions in the Contractor's insurance
policies must specifically state the insurance company or Contractor's Third Party Administrator,
if self-insured, has both the right and duty to adjust a claim and provide defense. The policies
shall not contain any provision or definition which would serve to exclude or eliminate from
coverage third party claims, including exclusions of claims for bodily or other injury to
shareholders, partners, officers, directors, or employees of the insured, the premises owner,
real estate manager, or the insured's Subcontractor, or any family relative of such persons.
If the policies contain any warranty stating that coverage is null and void (or words to that effect)
if the Contractor does not comply with the most stringent regulations governing the Work, it shall
be modified so that coverage shall be afforded in all cases except for the Contractor's willful or
intentional noncompliance with applicable government regulations. Any failure by any person to
comply with reporting or other provisions of the policy including breach of warranties, shall not
affect coverage provided to the Owner and its representatives, officials, and employees. The
insolvency or bankruptcy of the Insured or of the Insured's estate shall not relieve the insurance
companies of their obligations under these policies. Any clauses to the contrary are
unacceptable and must be stricken. Failure to comply with these requirements shall be a
material breach of this Agreement justifying termination for default.
5.1.1 Worker's Compensation and Employers' Liability Insurance
The Contractor and its Subcontractors shall procure and maintain Workers' Compensation
Insurance in the amount and type required by the State of North Carolina and federal law for all
employees employed under the Agreement who may come within the protection of Workers'
Compensation Laws and covering all operations under the Agreement whether performed by
the Contractor or by his Subcontractors. In jurisdictions not providing complete Workers'
Compensation protection, the Contractor and his Subcontractors shall maintain employers'
liability insurance in an amount, form, company, and agency satisfactory to the State of North
Carolina and the Owner for the benefit of all employees not protected by Workers'
Compensation Laws and covering all operations under the Agreement whether performed by
the Contractor or by his Subcontractors.
The Contractor shall pay such assessments as will protect the Contractor and the Owner from
claims under the Workers' Compensation Laws, workers' or workmen's compensation disability
benefits, and other similar employee benefit acts. The current Experience Modification Factor
shall be indicated on the Certificate of Insurance. Coverage under this section shall be as
required by federal and state Workers' Compensation and Occupational Disease Statutes, and
shall have minimum limits as follows:
Coverage A: Statutory, State of North Carolina
Employers' Liability: Each Accident $1,000,000
Disease - Policy Limit $1,000,000
Disease - Each Employee $1,000,000
Such insurance shall include Voluntary Compensation coverage, a Waiver of Subrogation
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in favor of the Owner as well as other endorsements that may be required by applicable
jurisdictions.
5.1.2 Automobile Liability Insurance
The Contractor shall procure and maintain automobile insurance against liability for bodily injury
and property damage as described below, that may arise with respect to the Work being
performed under the Agreement, and as will provide protection from claims which may arise out
of or result from the Contractor's performance of the Work and the Contractor's other obligations
under the Agreement, whether such performance of the Work is by the Contractor, by any
representative or Subcontractor, by anyone, both officially and personally, directly or indirectly
employed by any of them, or by anyone for whose acts any of them may be liable.
This policy of insurance shall carry the following minimum Limit of Liability: Combined Single
Limit $1,000,000 per occurrence; Aggregate $2,000,000.00.
The policy of insurance shall contain or be endorsed to include the following:
a) owned, hired, and non-owned automobile liability.
b) If the policy contains a warranty stating that coverage is null and void (or words to that effect)
if the transporter does not comply with the most stringent regulations governing the Work, it
shall be modified so that coverage shall be afforded in all cases except for the transporter's
willful or intentional noncompliance with applicable government regulations.
Any failure by any party to comply with reporting or other provisions of the policy including
breach of warranties, shall not affect coverage provided to the Owner and its representatives,
officials, and employees. No subcontracting of waste hauling shall be permitted without prior,
written approval of the Owner.
5.1.3 General Liability
This policy must be written on an Occurrence basis, with the following minimum Limits of
Liability:
General Aggregate per project $2,000,000.00
Products/Completed Operations Aggregate $2,000,000.00
Bodily Injury and Property Damage csl/each occurrence $1,000,000.00
Personal Injury and Advertising Injury $2,000,000.00
The policy of insurance shall contain or be endorsed to include the following:
a) Blanket Contractual Liability covering Contractor's indemnification obligations under this
Agreement, in accordance with ISO policy form CG 00 01. Modifications to the standard
provision will not be acceptable if they serve to reduce coverage.
b) Premises/Operations Liability.
c) Explosion, collapse, and underground fault.
d) Independent Contractors and Independent Subcontractors coverage.
e) Broad Form Property Damage.
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f) Personal Injury
g) Cross Liability/Severability of Interest clause.
h) Employer's Stop-Gap Liability endorsement, if applicable.
i) Amendment of the Pollution Exclusion Endorsement to allow coverage for bodily injury or
property damage caused by heat, smoke, or fumes from a hostile fire.
j) Designated General Aggregate Limit Endorsement if required by the Contract Documents.
Coverage shall remain continuously in effect and without interruption for at least 6 years from
the date of the Notice of Award and shall include coverage for exposures arising from
operations that have been completed. The Contractor shall furnish the Owner and each other
additional insured listed in the Agreement to whom the Certificates have been issued, evidence
satisfactory to the Owner of continuation of such insurance at the date of Preliminary
Acceptance and each year thereafter.
5.1.4 Pollution Legal Liability (PLL)
Pollution Legal Liability coverage will be provided as follows: $1,000,000.00 per occurrence;
Aggregate $2,000,000.00.
5.1.5 Umbrella Liability
The Contractor shall maintain an occurrence basis (as distinguished from a -laims made"
basis) Umbrella Liability policy (true follow form) over the underlying General Liability,
Automobile Liability, and Employer's Liability, with the following limits of liability: Each
Occurrence $3,000,000, Aggregate $3,000,000.
On a fully insured basis such coverage will be subject to a deductible no greater than
$10,000 per occurrence where coverage is not provided by the underlying insurance, but is
provided by the Umbrella Liability policy.
The Contractor may use any combination of primary and umbrella insurance policies to comply
with the insurance requirements, provided the resulting insurance is equivalent to the insurance
stated herein.
All Occupational Disease exclusions must be deleted. Any Pollution Exclusion must be
amended to allow coverage for bodily injury or property damage caused by spill, upset,
overturn, heat, smoke, or fumes from a hostile fire.
5.1.6 Property Insurance
The Contractor shall purchase All Risk Property Insurance on a Completed Value Form in the
names of the Owner, Contractor, Subcontractors, and sub-subcontractors as their interests may
appear with limits as follows:
a) Full insurance value of the Work, or
b)Amount equal to the Contract Price for the Work, whichever is higher.
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The Contractor is responsible for all physical damage to owned or rented machinery, tools,
equipment, forms, and other items owned, rented or used by the Contractor and/or
Subcontractor(s) in the performance of the Work including all of Owner's property in
Contractor's care, custody, or control, and all such property while it is in transit. The insurance
coverage evidencing such shall include a waiver of subrogation in favor of the Owner.
5.1.7 Valuable Papers and Records
The Contractor shall provide valuable papers and records insurance with coverage in an
amount commensurate with project scope and set forth in the Supplementary General
Conditions.
5.1.8 Claims
The Contractor shall notify the Owner within 24 hours of any claims or alleged claims received
by the Contractor covered by any of the policies of insurance required in this Agreement. The
Contractor shall provide a written copy of the claim or alleged claim to the Owner within 3 days
of the Contractor's receipt of the claim or alleged claim. If a claim is settled to the satisfaction of
the claimant, the Contractor shall submit a copy of the claimant's release to the Owner. If a
claim or alleged claim is rejected by the Contractor and/or its insurance company, the
Contractor shall immediately report this fact to the Owner.
Should 30 days elapse after the claim or alleged claim has been received by the Contractor,
and the Contractor is not able to report a settlement or rejection of the claim, it shall report to the
Owner the steps being taken with respect to the claim. Without limiting the foregoing, the
Contractor shall notify in writing the county risk manager of any paid or incurred claims which
may impair annual aggregate or general liability.
5.1.9 Deductibles and Self-insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the Owner. At
the option of the Owner, either: a) the insurer shall reduce to a maximum of$250,000 or
eliminate such deductibles or self-insured retentions with respect to the Owner, or (b) the
Contractor shall provide evidence of collateral provided to insurers or procure a bond
guaranteeing payment of losses and related investigations, claim administration, and defense
expenses within the deductible or self-insured retention amount. Any self-insured retention or
deductible amount on the policy shall not reduce the amount of collectible limits or liability.
5.1.10 Subcontractors
The Contractor shall include all Subcontractors as Insureds under its policies, or shall furnish
separate certificates, policies, and endorsements for each Subcontractor the Contractor intends
to use. If a Subcontractor does not take out insurance in his own name and the Contractor
wishes to provide insurance protection for such Subcontractor and such Subcontractor's
employees, the Contractor shall either (a) procure appropriate policies in the name of the
Subcontractor, or (b) cause a rider or riders to be attached to the Contractor's policies which
shall identify the Subcontractor thereby covered; provided, however, in the case of the latter
option, such a rider need not be attached to the Contractor's workers' compensation policy if
such policy by its terms is sufficiently broad to cover the employees of all Subcontractors
performing Work under the Contract Documents. Except as otherwise approved by the Owner in
writing, Limits of Liability and coverage scope must be at a minimum as stringent as required of
the Contractor by the Contract Documents. All Work performed for the Contractor by any
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Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the
Subcontractor which shall contain provisions that waive all rights the contracting parties may
have against one another for damages caused by fire or other perils covered by insurance as
provided herein. Insurance monies received from any loss shall be divided as the respective
interest of the parties affected shall appear.
5.2 OWNER CONTROLLED PROJECT SPECIFIC INSURANCE
In the event the Owner elects to purchase project-specific insurance affording coverage to the
Contractor and Subcontractors, the terms and conditions of such coverage shall be set forth in
the Supplementary Conditions.
5.3 CONTRACTOR AS JOINT VENTURE
If the Contractor is completing this Project on a joint venture basis, both joint venture partners
retain all liabilities assumed by this Agreement, individually and collectively. This may include,
but is not limited to, all premiums due, deductibles/self-insured retentions, coinsurance
provisions, claim provisions, insurance policy conditions, and indemnification provisions
hereunder.
Evidence of a Blanket Joint Venture Endorsement must be obtained from the General Liability
and Contractor's Pollution Legal Liability carriers of each joint venture partner for a period of 6
years after completion of the Project, substantially as follows: With respect to "your work",
and the "products-completed operations hazard", you are an insured for your liability
arising out of the conduct of any partnership or joint venture of which you were a partner
or member, even though this partnership or joint venture is not shown as a Named
Insured in the Declarations. This coverage is excess over any available liability
purchased specifically to insure the partnership or joint venture. This coverage will not
inure to the benefit of any other party except you."
5.4 INDEMNIFICATION
The Contractor, to the fullest extent not expressly prohibited by law, shall defend, indemnify,
and save harmless the Owner, the Designer, the Construction Manager and their respective
officials, officers, employees, and agents from and against any and all liabilities (foreseeable or
unforeseeable), penalties, fines, liens, forfeitures, demands, claims, causes of actions, suits,
judgments, and costs and expenses incidental thereto, (including, without limitation, amounts
paid pursuant to investigations, defense or settlements, and reasonable attorneys' fees), which
any or all of them may hereafter suffer, incur, be responsible for, or pay out as a result of but not
limited to:
a) bodily injury (including sickness, disease, or death) to any person including but not limited to,
the Contractor's employees or its representatives while on the site of the Project; or
b) actual or alleged damage (including loss of use) to any property (public or private, including
the Project or other property on the Project site); or
c) contamination of or adverse effects on the environment arising directly or indirectly out of or
in connection with the performance of the Work, including but not limited to any hazardous or
toxic waste, substance, or constituent of any substance subject to regulation under CERCLA,
RCRA, TSCA, and other Federal and state authorities that is spilled, released, threatening to
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release, or disposed of or destroyed by the Contractor or its Subcontractors on or off the site of
the Project or while in transport to or from the site; or
d) any violation or alleged violation of laws and regulations, arising out of or in any way
connected with the Work, caused in whole or in part by the Contractor, any Subcontractor or
supplier or any representatives of the Contractor. The Contractor shall not be required to
indemnify the Owner against losses resulting from a breach of this Agreement by the Owner or
its other agents and contractors, or resulting from negligence, misconduct or violation of laws on
the part of the Owner or its other agents and contractors.
e) upon completion of the Work the Contractor shall execute an affidavit, indemnification, and
release stating there are no unpaid debts for any work that has been done or materials that
have been furnished to the Project prior to and as of the date of substantial completion and
further stating that Contractor shall indemnify, save and protect Owner and Owner's lender, if
any, harmless from and against any and all claims, liabilities, liens, losses, damages, causes of
action, and expenses (including court costs and reasonable attorney's fees related thereto)
arising out of, in connection with, or resulting from any such claims, liabilities, liens, losses,
damages, causes of action, or expenses. Such affidavit, indemnification, and release shall be in
a form and substance acceptable to Owner. By executing this Agreement Contractor
acknowledges the receipt of adequate consideration in return for said release.
The Contractor further agrees to obtain, maintain, and pay for such liability insurance coverages
and endorsements as will insure the provisions of this paragraph 5.4. Furthermore, the
Contractor agrees to be liable for and to indemnify and reimburse the Owner for all legal fees
and disbursements paid or incurred to enforce the provisions of this paragraph. The
indemnification obligations under this paragraph shall not be limited in any way by the amount
or type of damages, compensation or benefits payable under worker's compensation acts,
disability benefit acts, other employment benefit acts, or the amount of insurance carried or
recovered.
The Owner acknowledges that hazardous or toxic waste, material, chemicals, compounds or
substances, or other environmental hazards, contamination or pollution, (referred to hereinafter
as environmental hazards") may be present at the Project site that were not created,
generated, or released at the Project site by the Contractor or its Subcontractors, agents or
employees, acting alone or in concert with others. Unless the remediation, abatement or
handling of such environmental hazards is part of the scope of the Work under this Agreement,
then upon the discovery of such environmental hazards, the Contractor shall immediately, and
in no event more than three days later, give notice to the Owner of the environmental hazards
before they are disturbed. The Owner and the Designer shall thereupon promptly investigate the
environmental hazards, and make such changes in the Drawings and/or Specifications as they
may find necessary to abate, remediate, isolate or handle the environmental hazards. Any
increase or decrease in the Contract Price or the Contract Time resulting from such changes
shall be adjusted in the manner provided herein for adjustments as to extra and/or additional
Work and changes. It is agreed that the Contractor shall have no liability under this Agreement
for any environmental hazards existing prior to the date that Work commences under this
Agreement unless the Contractor or its Subcontractors, agents or employees, acting alone or in
concert with others, by their own negligence or misconduct, release or expose the Owner or
third parties to the environmental hazards. The provisions of this paragraph shall survive the
termination or cancellation or completion of this Agreement.
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5.5 RISK MANAGEMENT POLICY
The Orange County Risk Management Policy shall not apply to construction contracts for
amounts over$250,000. The terms of these General Conditions related to insurance shall be
the sole authority governing insurance requirements for such contracts.
ARTICLE 6. OTHER RECORD DOCUMENTS AND SUBMITTALS
6.1 The Designer shall furnish to the Contractor the number of copies of Drawings and
Specifications stated in the Contract Documents. Additional copies of Drawings and
Specifications may be obtained at the cost of reproduction and handling.
6.2 The Contractor shall submit to the Designer all Submittals required by the Contract
Documents. The Contractor shall submit at least three (3) reproducible prints of all shop
drawings. The Contractor shall submit samples in quantities required by the Contract
Documents. The Contractor shall submit product data in at least five (5) copies. All shop
drawings shall be reviewed by the Contractor and shall bear the Contractor's stamp of approval
before being forwarded to the Designer. Submittals shall be submitted in such time as to cause
no delay to the Work or any part thereof and in accordance with the Contract Construction
Schedule and Submittal Register. The Designer shall review the submittal with reasonable
promptness, noting desired corrections, if any. The Designer shall retain two (2) copies of the
submittal and shall return the balance of the reviewed submittal to the Contractor for action. The
Contractor shall furnish any corrected submittal to the Designer. The Designer shall retain two
(2) copies of the corrected submittal and will return the balance of the reviewed submittal to the
Contractor. All substitutions prior to the receipt of bids shall be in accordance with the Contract
Documents. Refer to Instructions to Bidders, Substitutions.
The Contractor acknowledges that the processing of shop drawings and other submittals is
directly impacted by the clarity, completeness, and accuracy of said documents and that it is the
Contractor's responsibility to (i) review and coordinate each submittal with all other related or
affected Work and (ii) approve each submittal before submitting same to the Designer for
approval.
6.3 No substitutions and no deviations from any requirement of the Contract Documents shall
be deemed allowed unless the Contractor has specifically informed the Designer and the Owner
in writing of such deviations at the time of submittal and the Designer and the Owner have given
written and specific approval to the substitutions or deviations. In proposing a deviation or
substitution the Contractor warrants to the Owner, notwithstanding any review, allowance or
approval by the Designer or the Owner that the deviation or substitution is at least equal to or
better in quality and for the purpose intended, and that Contractor shall not by reason of any
such review, allowance or approval be relieved from any obligation or responsibility contained in
the Contract Documents.
6.4 Review of submittal by the Designer shall not be construed as relieving the Contractor from
responsibility for compliance with terms or designs of the Contract Documents nor from
responsibility for errors of any sort in the submittal.
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6.5 The Contractor shall keep one record copy marked "As-Built" of all Specifications, Drawings,
Addenda, Modifications, and Submittals at the Project in good order and annotated at least
monthly to show all changes made during the construction process. Such monthly annotations
and their approval by the Designer shall be a condition precedent to approval by the Designer of
each monthly Request for Payment. Said record copy shall be stored at the Project and fully
protected from damage by fire or other hazard. This record copy shall be available to the
Designer and Owner for inspection at all times and shall be delivered to the Designer for the
Owner's purposes prior to the Designer's certifying Substantial Completion of the Work.
6.6 At completion of the Project and before Final Payment, the Contractor shall assemble and
deliver to the Owner one complete set of all as-built drawings and one complete set of all
approved submittals, product data, and samples which were reviewed by the Designer. These
drawings and submittals shall be on paper, or in electronic or other media if required by the
Supplementary Conditions. These drawings and submittals shall be categorized and packaged
as directed by the Designer.
ARTICLE 7. CONTRACTOR
7.1 The Contractor shall supervise and direct the Work efficiently and with the Contractor's best
skill and attention. Except as may be set forth specifically in the Contract Documents, the
Contractor shall be solely responsible for the means, methods, techniques, sequences, and
procedures of construction, and for safety precautions and programs in connection with the
Work. The Contractor shall be responsible to see that the finished Work complies accurately
with the Contract Documents.
7.2 The Contractor shall appoint a Project Manager and shall keep on the Project at all times
during its progress a competent Resident Superintendent and necessary assistants who shall
not be replaced without prior written approval by the Owner except under extraordinary
circumstances, in which event immediate written notice shall be given to the Designer and the
Owner. The Project Manager and the Resident Superintendent may be the same person or
different persons. At any time, the Owner, in its sole and absolute discretion, may require the
Contractor to replace the Project Manager or Resident Superintendent with an experienced and
competent person or persons upon seven (7) days written notice from the Owner to the
Contractor. Such replacement shall be at the Contractor's expense and at no cost to the Owner.
Both the Project Manager and the Resident Superintendent shall have authority to act on behalf
of the Contractor, and instructions, directions or notices given to either of them shall be as
binding as if given to the Contractor.
7.3 The Contractor shall provide sufficient competent and suitably qualified personnel,
equipment, and supplies to lay out the Work and perform construction as required by the
Contract Documents. The Contractor will at all times maintain good discipline and order at the
site, and will comply with all applicable OSHA standards.
Any person employed by the Contractor, any Subcontractor, or any sub-subcontractor who, in
the opinion of the Designer or the Owner, does not perform his Work in a proper and skillful
manner or is intemperate or disorderly shall, at the written request of the Owner or Designer, be
removed forthwith by the Contractor, Subcontractor, or sub-subcontractor employing such
person without cost to the Owner, and shall not be employed again in any portion of the Work
without the written approval of the Owner or Designer.
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Should the Contractor fail to remove such person or persons or fail to furnish suitable and
sufficient personnel for the proper prosecution of the Work within three (3) days after written
order, the Owner may withhold further payment by written notice until compliance with such
order.
7.4 If, in the opinion of the Designer or the Owner, any Subcontractor on the Project is
incompetent or otherwise unsatisfactory, he shall be replaced by the Contractor with no
increase in the Contract Price if and when directed by the Designer or the Owner in writing.
7.5 The Contractor shall furnish all materials, equipment, labor, transportation, construction
equipment and machinery, tools appliances, fuel, light, heat, and all other facilities and
incidentals necessary for the execution, maintenance, initial operation, and completion of the
Work, other than those specifically excluded by the Contract Documents and to be furnished by
the Owner or others. When use or storage of hazardous materials or equipment or methods of
more than ordinary risk are necessary in accomplishing the Work, the Contractor shall give the
Owner and Designer reasonable advance notice.
If any materials are to be furnished or installed by the Owner or others under the terms of the
Contract Documents, said materials shall be made available to the Contractor at the location(s)
specified in the Contract Documents. All costs of handling, transportation from the specified
location to the Project, storage, and installing of Owner-furnished materials shall be included in
the Contract Price. The Contractor shall be responsible for any demurrage, damage, loss, or
other deficiencies which may occur during the Contractor's handling, storage, or use of such
Owner-furnished material. The Owner shall deduct from any monies due or to become due the
Contractor any cost incurred by the Owner in making good any such damage, loss, or efficiency.
All equipment which is proposed to be used in the Work shall be of sufficient size and in such
mechanical condition as to meet the requirements of the Work and produce a satisfactory
quality of work. Equipment used on any portion of the Work shall be such that no injury to
previously completed Work, adjacent property, or existing facilities shall result from its use.
When the methods and equipment to be used by the Contractor accomplishing the Work are not
prescribed in the Contract Documents, the Contractor shall be free to use any methods or
equipment that will accomplish the Work in conformity with the requirements of the Contract
Documents.
When the Contract Documents specify the use of certain methods and equipment, such
methods and equipment shall be used unless others are authorized by the Designer. If the
Contractor desires to use a method or type of equipment other than specified in the Contract
Documents, the Contractor may request authority from the Designer to do so. The request shall
be in writing and shall include a full description of the methods and equipment proposed and of
the reasons for desiring to make the change. If approval is given, it shall be on the condition that
the Contractor shall be fully responsible for producing Work in conformity with the requirements
of the Contract Documents. If, after trial use of the substituted methods or equipment, the
Designer determines that the Work produced does not meet the requirements of the Contract
Documents, the Contractor shall discontinue the use of the substitute method or equipment and
shall complete the remaining Work with the specified methods and equipment at no additional
cost to the Owner. The Contractor shall remove any deficient Work and replace it with Work of
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specified quality, or take such other corrective action as the Designer may direct. No change in
the Contract Price or in Contract Time shall be made as a result of authorizing a change in
methods or equipment under this paragraph.
7.6 All materials and equipment shall be new, except as otherwise provided in the Contract
Documents. When special makes or grades of material which are normally packaged by the
supplier or manufacturer are specified or approved, such materials shall be delivered to the
Project site in their original packages or containers with seals unbroken and labels intact.
Materials shall be so stored as to assure the preservation of their quantity, quality and fitness for
the Work. Stored materials, even though approved before storage, may again be inspected by
the Designer or Owner prior to their use in the Work and shall meet the requirements of the
Contract Documents at the time they are incorporated into the Work. Stored materials shall be
located so as to facilitate their prompt inspection. The Contractor shall coordinate the storage of
all materials with the Designer and the Owner. Materials to be stored at the Project or on the
Owner's property shall not create an obstruction to the Owner's or other contractor's reasonable
activities. Private property shall not be used for storage purposes without written permission of
the owner or lessee of such property. The Contractor shall make all arrangements and bear all
expenses for the storage of materials on private property. Upon request, the Contractor shall
furnish the Owner a copy of the property owner's permission. All storage sites on private or the
Owner's property shall be restored to their original condition by the Contractor at his entire
expense, except as otherwise agreed to (in writing) by the owner or lessee of the property.
7.7 All materials and equipment shall be applied, installed, connected, erected, used, cleaned
and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or
processor, except as otherwise provided in the Contract Documents.
7.8 The Contractor will be fully responsible for all acts and omissions of his Subcontractors and
of persons directly or indirectly employed by them and of persons for whose acts any of them
may be liable to the same extent that the Contractor is responsible for the acts and omissions of
the Contractor's own employees. Nothing in the Contract Documents shall create any
contractual relationship between any Subcontractor or supplier and the Owner or the Designer,
or any obligation on the part of the Owner or the Designer to pay or see to the payment of any
money due any such Subcontractor or material furnisher except as may otherwise be required
by law. The Owner or the Designer may furnish to any Subcontractor or supplier, to the extent
practicable, evidence of amounts paid to the Contractor on account of specific Work done.
7.9 The divisions and sections of the Specifications and the identifications of any Drawings shall
not control the Contractor in dividing the Work among Subcontractors.
7.10 The Contractor agrees to bind specifically every Subcontractor to the terms and conditions
of the Contract Documents for the benefit of the Owner and to furnish written evidence thereof
to the Designer and the Owner within seven (7) days after written request by the Owner.
7.11 The Contractor shall attend job progress conferences and all other meetings or
conferences as directed by the Designer. The Contractor shall be represented at these job
progress conferences by a representative having the authority of the Project Manager and by
such other representatives as the Designer may direct. Job progress conferences shall be open
to Subcontractors, suppliers and any others who may contribute beneficially toward maintaining
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required job progress, and such personnel shall be encouraged by the Contractor to attend. It
shall be the principal purpose of job progress conferences to effect coordination, cooperation
and assistance in every practical way toward the end of maintaining progress of the Project on
schedule and to complete the Work and the Project by the specified Completion Dates. The
Contractor shall be prepared to assess progress of the Work as required in the Contract
Documents and to recommend remedial measures for correction of progress as may be
appropriate. The Designer shall preside as chairman and arrange for minutes to be taken and
circulated.
In the event that the prosecution of the Work is discontinued for any reason, the Contractor shall
notify the Designer and the Owner at least forty-eight (48) hours in advance of resuming
operations.
Should the terms of the Contract Documents require completion of one or more portions of the
Work for the Beneficial Occupancy of the Owner prior to completion of the entire Work, the
Contractor shall complete such portion(s) of the Work on or before the date specified. Such
completion shall include the obtaining of all government or other permits, permission, and/or
approvals necessary to occupancy. The Contractor shall independently estimate the difficulties
involved in arranging the Work to permit such Beneficial Occupancy and shall not claim any
additional compensation or time extension by reason of any delay or increased cost due to
completing such portion(s) of the Work. The Owner's possession and use of such portion(s) of
the Work shall not be deemed an acceptance of any Work not completed in accordance with the
Contract Documents. The Owner shall be responsible for the security, maintenance, utilities,
and insurance of all portions of the Work completed and beneficially occupied by the Owner.
7.12 The Contractor shall pay all license fees and royalties, and assume all costs incident to the
use of any invention, design process, or device which is the subject of patent rights or
copyrights held by others, except for inventions, design processes, or devices specified by the
Designer in the Contract Documents. The Contractor shall indemnify and hold harmless the
Owner, the Designer, and anyone directly employed by either of them, from and against all
claims, damages, losses and expenses, including attorney's fees and costs of defense, arising
out of any infringement or alleged infringement of such rights during or after completion of the
Work, and shall defend all such claims in connection with any actual or alleged infringement of
such rights.
7.13 The Contractor shall secure and pay for all permits, including without limitation construction
permits and licenses, and will pay all governmental charges and inspection fees necessary for
the prosecution of the Work.
7.14 The Contractor shall give all notices and comply with all laws, ordinances, rules, and
regulations applicable to the Work and shall protect and indemnify the Owner and the Owner's
officers, agents, or servants against any claim or liability arising from or based on the violation of
any such law, ordinance, regulation, order, or decree, whether by the Contractor or by the
Contractor's employees, Subcontractors, sub-subcontractors, or their employees.
7.15 The Contractor shall be responsible for the entire site of the Project (except those under
the Beneficial Occupancy of the Owner) and for its reasonable and necessary protection and
security, as required by laws or ordinances governing such conditions, or by custom or sound
construction practices, and shall share such responsibilities as may be agreed upon among
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them, or in the absence of such agreement, as may be directed by the Contract Documents,
Owner, or Designer. The Contractor shall be responsible for any damage to the Owner's
property, or that of others, by the Contractor or the Contractor's employees, Subcontractors,
sub-subcontractors, or their employees or agents, and shall make good such damages. The
Contractor shall be responsible for and pay for any such claims against the Owner.
7.16 The Contractor shall protect all landscaping designated to remain in the vicinity of the
operations and barricade all walks, roads, and areas as necessary to keep the public away from
the construction.
7.17 The Contractor shall provide cover and/or protect all portions of the Work and provide all
materials necessary to protect the Work whether performed by the Contractor or any of the
Subcontractors or sub-subcontractors. Any Work damaged through the lack of proper
protection, or from any other cause, shall be repaired or replaced without extra cost to the
Owner or extension to the Contract Time.
The Contractor shall maintain the Work during construction and until the Work is accepted.
This maintenance shall constitute continuous and effective effort prosecuted day by day, with
adequate equipment and forces so that the Work is maintained in satisfactory condition at all
times. All costs of maintenance shall be included in the Contract Price and the Contractor will
not be paid an additional amount for such effort. Should the Owner or Designer observe that the
Contractor at any time has failed to maintain the Work as provided herein, the Designer may
immediately notify the Contractor of such noncompliance. Such notification shall specify a
reasonable time within which the Contractor shall be required to remedy such unsatisfactory
maintenance condition. Should the Contractor fail to properly respond to the Designer's
notification, the Owner may, at the Contractor's expense, take such action as it may deem
appropriate to remedy the defective maintenance, including suspension of the Contractor's
Work or any part thereof. Any such expense incurred by the Owner shall be deducted from
monies due or to become due the Contractor.
Parking lots, streets, and walks connecting to the Project area shall be protected by the
Contractor from deposits of mud, sand, stone, litter, or debris in any form. Pedestrian traffic
areas around the construction limits must be maintained in a clean and safe condition at all
times with required barricades and covered walkways. When excavation or other operations
outside the Project limits is required, the Contractor shall, immediately following that work,
return the area to its original condition.
All catch basins and storm drain lines in the vicinity of the Project site shall be protected at
all times from entry of dirt, rubble and other debris. The residue from the cleaning of trucks,
wheelbarrows, concrete buggies, etc. must be prevented from entering the drainage
system, and if cleaning is done, the residue must be contained and removed from the
Project site with other refuse.
7.18 No burning of refuse or debris shall be allowed inside or around the Project during the
course of construction without written authority from authorities having jurisdiction and the
Owner.
7.19 The Contractor shall provide for and maintain necessary safety measures and safety
programs for the protection of all persons involved with the Work. Such measures and programs
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shall include the requirements of the most current edition of the CAGC Safety and Health
Manual [or the AGC Accident Prevention Manual in Construction], or equivalent requirements,
and shall fully comply with all Federal, State, and local laws, rules, regulations, and building
code requirements relating to the prevention of accidents or injuries to persons on or about the
location of the Work.
All trenches, excavations, or other hazards in the vicinity of the Work shall be well barricaded,
and properly lighted at night. When Work requires closing of an area normally used by the
Owner or the public, the Contractor shall furnish, erect, and maintain temporary barricades, and
properly light the area. The Contractor shall comply with any directions and public authorities in
this respect.
7.20 The Contractor shall designate a responsible officer or employee as safety inspector,
whose duties shall include accident prevention on the Project as well as implementation of the
Contractor's safety measures and safety programs on the Project. The name of the safety
inspector shall be made known to the Designer and the Owner at the preconstruction
conference.
7.21 In emergencies affecting the safety of persons, the Work, or property at the Project site or
adjacent thereto, the Contractor is obligated to act in the Contractor's discretion to prevent
threatened damage, injury, or loss. As soon as practicable, the Contractor shall notify the
Designer and Owner of such emergency. The Contractor shall give the Designer and the Owner
prompt written notice of any significant changes in the Work or deviations from the Contract
Documents caused by such emergency. If the Contractor believes that additional work done in
an emergency entitles the Contractor to an increase in the Contract Price or an extension of the
Contract Time, the Contractor may make a claim therefore as provided in Articles 14 and/or 15.
7.22 The Contractor shall at all times keep the premises free from accumulation of waste
materials or rubbish caused by the Work. At least weekly and at the completion of the Work, the
Contractor shall remove all waste materials and rubbish from and about the Project. At the
completion of the Work, the Contractor shall remove all tools, construction equipment,
machinery, and surplus materials. The Contractor shall leave the Work in condition for
occupancy by the Owner such that no cleaning or other operations are required. Material
cleared from the Project and deposited on adjacent property shall not be considered as having
been disposed of satisfactorily. If the Contractor fails to keep the Project clean of waste
materials or rubbish, fails to satisfactorily clean-up weekly or at the completion of the Work, the
Owner may do so and the costs thereof may be deducted from any amounts due the Contractor.
7.23 Utilities, temporary facilities, and signs shall be provided as described in the Contract
Documents. Absent a contrary direction in the Supplementary Conditions, the Contractor shall
pay all bills for water, electricity, or other public utility service to the Project site.
7.24 The Contractor shall indemnify and hold the Owner, the Designer, the Designer's
consultants, and their officers, agents, and employees harmless against all costs, damages, and
expenses, including attorney's fees and costs of defense, arising out of claims by any separate
contractor or by any Subcontractor, sub-subcontractor, or supplier engaged by or employed by
the Contractor or employed by any of the Subcontractors claiming through him, including
without limitation damages, losses, and expenses arising out of or relating to any
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inconvenience, delay, interference, or other action or non-action of the Contractor or the
Contractor's Subcontractors on the Project.
The Contractor acknowledges that should the Contractor or any of the Contractor's
Subcontractors be damaged by any breach of contract by any other separate prime contractor
on the Project, the Contractor may invoke applicable dispute resolution procedures with said
other separate prime contractor or bring a direct civil action against said other separate prime
contractor. The Contractor hereby expressly agrees that neither the Owner nor its officers,
agents, or employees shall have any liability of any kind or nature whatsoever to the Contractor,
its Subcontractors, sub-subcontractors, or suppliers arising out of or relating to any breach,
inconvenience, delay, interference, or other action or non-action by any other separate prime
contractor. The Contractor covenants not to sue the Owner for any loss or damage caused by
any breach, inconvenience, delay, interference, or other action or non-action by any other
separate prime contractor, notwithstanding whatever rights at law the Contractor might have to
bring a civil action against the Owner for any breach, inconvenience, delay, interference, or
other action or non-action of any other separate prime contractor. The Contractor agrees to look
exclusively to the other prime contractor for relief or remedy.
Nothing contained herein or appearing anywhere in the Contract Documents shall obligate
or require the Owner to exercise any right or privilege, or to take any action or to refrain from
taking any action under any contract it may have with any other prime contractor or party to the
Project for the benefit of the Contractor or any Subcontractor, subSubcontractor, or supplier
claiming through the Contractor.
7.25 Prior to completion of the Work and Final Payment of the Contract Price, excepting only
those portions of the Work deemed accepted in accordance with the Contract Documents, the
Contractor shall have charge and care of the Work, and shall take every precaution against
injury or damage to any part due to the action of the elements or from any other cause, whether
arising from the execution or from the non-execution of the Work. The Contractor shall as
required by the Owner replace, rebuild, repair, restore, and make good all injury or damage to
any portion of the Work occasioned by any of the above causes before Final Completion and
shall bear the expenses thereof.
7.26 In the event that the Work, or any portion thereof, is suspended at any time pursuant to an
order of the Owner, the Contractor shall obey all instructions of the Owner regarding storage of
materials, drainage, protection of the Work, and erection of temporary structures during the
suspension period.
7.27 The Project Expediter for the Project shall be responsible for the coordination of the Work
of itself and any other separate contractors, both as to space and time. The Project Expediter
shall coordinate the implementation of the Contract Construction Schedule, all construction
activities and close-out of the Project, including but not limited to all testing, inspection,
certifications, and approvals required by public agencies.
The Contractor and the Project Expediter shall each be required to notify the Designer and the
Owner promptly of any event or condition which could affect the conduct or progress of the
Work and shall cooperate fully with all other contractors on the Project site.
7.28 The Owner hereby delegates to the Project Expediter all of its duties to coordinate and to
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expedite the Work not expressly reserved to the Owner by other provisions of the Contract
Documents.
7.29 All Work performed pursuant to the Contract Documents shall conform in all respects to the
North Carolina State Building Code and all other state, local, and national codes in effect at the
time of and applicable to this Work.
7.30 The Contractor shall provide for and maintain necessary safety measures and safety
programs for the protection of all persons at the Project site, and shall comply at all times with
the requirements of the most current edition of the CAGC Safety and Health Manual [or the
AGC Accident Prevention Manual in Construction], or the equivalent requirements of the
Contractor's safety program, and shall fully comply with all Federal, State, and local laws, rules,
regulations, and building code requirements so as to prevent accidents or injuries to persons on
or about the Project site. The Contractor shall clearly mark or post signs warning of existing
hazards, and shall barricade excavations, elevator shafts, stairways, and similar hazards. The
Contractor shall protect against damage or injury resulting from falling materials, and shall
maintain all protective devices and signs throughout the progress of the Work.
7.31 The Contractor shall adhere to the rules, regulations, and interpretations of the North
Carolina Department of Labor's Occupational Safety and Health Standards for the Construction
Industry (29 CFR Part 1926 as adopted in 13 NCAC 07F.0201, including 29 CFR Part 1910
General Industry Safety and Health Standards applicable to construction) and N.C. Gen. Stat.
§95-126 through 155 (Occupational Safety and Health) as well as all revisions and amendments
to such standards or statutes as may occur throughout the performance of the Work.
7.32 Any land disturbing activity performed by the Contractor in connection with the Project shall
comply with all erosion control measures set forth in the Contract Documents and any additional
measures which may be required in order to ensure that the Project is in full compliance with the
Sedimentation Pollution Control Act of 1973, as implemented by Title 15 North Carolina
administrative Code, Chapter 4, Sedimentation Control, Subchapters 4A, 4B and 4C, as
amended (15 NCAC 4A, 4B, and 4C), and as may be revised or amended in the future. Upon
receipt of notice that a land-disturbing activity is in violation of said Act, the Contractor shall be
responsible for ensuring that all steps or actions necessary to bring the Project in compliance
with said Act are promptly taken. The Contractor shall be responsible for all penalties assessed
pursuant to N.C. Gen. Stat. 113A-64 with respect to its Work, and shall indemnify and hold
harmless the Owner from all costs and expenses, including attorney's fees and costs of defense
arising out of or related to the enforcement of the Act against any party or person described in
this Article.
7.33 Any mechanical or electrical work such as sleeves, inserts, chases, etc. located in the
Work of the Contractor for general work shall be built in by that Contractor. On multiple prime
projects, the mechanical and electrical contractors shall set all sleeves, inserts, and other
devices built into the structure in cooperation and under the supervision of the Contractor for
general work. The responsibility for exact location of such items shall be that of the mechanical,
plumbing, or electrical prime contractor.
7.34 The Contractor shall be responsible for permanently fixed service facilities and systems in
use during progress of the Work and shall strictly adhere to the following procedures:
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a) Prior to acceptance of the Work by the Owner, the Contractor shall remove and replace any
part of the permanent building systems damaged through use during construction.
b) Temporary filters shall be installed in each of the heating and air conditioning units, return air
grilles, and other locations to prevent intrusion of dust, dirt, and debris during construction.
Temporary filters shall be removed and replaced with new filters immediately prior to Substantial
Completion.
c) Extra effort shall be maintained to keep the building clean and under no circumstances shall
air systems be operated if finishing operations are creating dust in excess of what would be
considered normal if the building were occupied.
d)When the permanent lighting system is used during construction, lamps shall be replaced
and shall be new on the date of Substantial Completion.
ARTICLE 8. OWNER
8.1 The Owner shall issue communications and notices to the Contractor through the Designer
to the extent contemplated by the Contract Documents.
8.2 In case of termination of the employment of the Designer, the Owner shall appoint as
Designer a qualified person who shall have and assume all rights and duties held by the original
Designer.
8.3 The Owner shall have the right to take possession of and use any portion of the Work
notwithstanding the fact that the time for completion of such portion of the Work may not have
expired, but such taking possession and use shall not be deemed an acceptance of any Work
not completed in accordance with the Contract Documents.
8.4 A waiver on the part of the Owner of any breach of any part of the Contractor shall not be
held to be a waiver of any other or subsequent breach.
8.5 The Owner shall pay all permanent acreage fees, governmental impact fees, and meter
deposits for permanent utilities.
ARTICLE 9. CONSTRUCTION MANAGER
9.1 The Owner may employ one or more Construction Managers for the purpose of assisting the
Owner, Designer, and Contractor in developing and administering budgets and cost controls, in
evaluating constructability and value engineering proposals, in establishing and maintaining a
critical path method (CPM) schedule, in coordinating and/or expediting the Work with other
projects being constructed by the Owner or others adjacent or near the Work, or for such other
purposes as the Owner may deem appropriate. From time to time the Owner may identify such
Construction Managers(s) to the Contractor in writing identifying any tasks assigned to such
Construction Managers(s).
ARTICLE 10. DESIGNER
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10.1 The Designer is charged with the responsibility of interpretation of the Contract
Documents. The Designer's decisions relating to aesthetic matters shall be final.
10.2 All Work completed under the Contract Documents shall be subject to review by the
Designer. No Work is to be covered without the Designer's review or prior authorization.
Any Work so covered without the Designer's review or prior authorization shall be uncovered at
the Contractor's expense. The Contractor shall notify the Designer in writing at least twenty-four
(24) hours in advance of covering any Work.
10.3 The Designer shall not be responsible for the construction means, methods, techniques,
sequences, procedures, or the safety precautions and programs incident thereto, and shall not
be responsible for the Contractor's failure to perform the Work in accordance with the Contract
Documents, but shall be entitled to enforce any requirements in the Contract Documents
specifying particular means, methods, techniques, sequences, or procedures.
10.4 The Designer shall be an Owner's representative during the construction period. The
duties, responsibilities and authority of the Designer as the Owner's representative during
construction are as set forth in the Contract Documents.
ARTICLE 11. TESTING AND SURVEYING
11.1 Laboratory and field tests to determine compliance of construction with the Contract
Documents shall be made by the Owner or testing consultants employed by the Owner except
those required elsewhere in the Contract Documents to be paid for by the Contractor. The costs
and expenses of providing samples for and assistance in any testing shall be borne by the
Contractor and are included in the Contract Price. Any Work in which untested materials are
used without approval or written permission of the Designer shall be removed and replaced at
the Contractor's expense. Work found to be unacceptable or unauthorized will not be paid for
and, if directed by the Designer shall be removed and replaced at the Contractor's expense.
Unless otherwise designated, tests in accordance with the cited standard methods of ASTM or
other generally recognized or specifically authorized methods which are current on the date of
advertisement for bids shall be made at the expense of the Owner; provided, however, in the
event that after such testing any Work is found to be defective or does not meet the
requirements of the Contract Documents, the costs of retesting such Work and the costs of
inspection services shall be paid by the Contractor. Samples shall be taken by a testing
laboratory employed by the Owner. All materials being used are subject to inspection, tests, or
rejection at any time prior to or during incorporation into the Work. Copies of all Owner test
reports will be furnished to the Contractor at his written request. Copies of Contractor test
reports shall be furnished to the Designer upon written request.
11.2 The Owner shall have the right to deduct the costs of additional testing as described in
paragraph 11.1 from any money due the Contractor; or if no money is due the Contractor, the
Owner shall have the right to recover these costs from the Contractor, from its sureties, or from
both.
11.3 All layouts and surveying shall be accomplished by properly qualified personnel duly
licensed in the State of North Carolina.
ARTICLE 12. SEPARATE CONTRACTS
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12.1 It is expressly understood that the Owner may deploy the Owner's own employees or
engage other separate prime contractors to perform Work as a part of the Project whose work
will be performed simultaneously and sequentially with the performance of the Work by the
Contractor. It shall be necessary for the Contractor to coordinate construction activities with
such other contractors, particularly with respect to access to work areas, storage of materials,
and use of elevators and other common facilities. The Contractor shall diligently and in good
faith cooperate with the Owner, the Designer, and all other contractors with respect to such
matters and shall regularly and faithfully attend any and all meetings called by the Owner or the
Designer with respect to such matters. Any disputes between the Contractor and any other
separate prime contractor with respect to such matters shall be resolved in accordance with the
claim and dispute resolution procedures in the Agreement.
ARTICLE 13. CONTRACT TIME
13.1 Within fourteen (14) days after receipt of the Construction Contract by the Contractor for
signatures, the Project Expediter shall prepare and submit to the Designer and Owner for review
and approval a preliminary progress schedule for the Work pursuant to the requirements stated
in the Contract Documents.
13.2 Within fourteen (14) days after initial receipt of the Construction Contract for signatures the
Contractor shall submit to the Designer a Submittal Register listing all Submittals the Contractor
is required to make or proposes to make under the Contract Documents, the dates on which the
Contractor proposes to make such Submittals and the dates by which the Contractor reasonably
requires a response from the Designer with respect to each Submittal. The dates submitted
shall be incorporated into the Contract Construction Schedule as Completion Dates when they
have been approved or modified by the Owner. The Designer shall not be required to review
any Submittal from the Contractor until a Submittal Register acceptable to and approved by the
Owner has been submitted by the Contractor.
13.3 Not later than thirty (30) days following execution and delivery of the Construction
Agreement by Owner to Contractor, the Owner shall deliver to the Contractor a Notice to
Proceed. The Notice to Proceed shall state a commencement date on which it is expected that
the Contractor will begin the Work to be performed under the Agreement. The Contract Time
shall be measured from said specified commencement date. The commencement date stated in
the Notice to Proceed shall not be earlier than three (3) days after the Notice to Proceed is
served on the Contractor.
If, other than by mutual agreement, said specified commencement date is more than thirty (30)
days after the date of execution and delivery of the Agreement from Owner to Contractor and
the Contractor believes said delay justifies an increase in Contract Price and/or an extension of
Contract Time, the Contractor may make a claim therefore as provided in Article 14 and/or
Article 15. No Work shall be done prior to the date specified in the Notice to Proceed. A final
Contract Construction Schedule shall be submitted for approval by the Contractor, Designer,
and Owner no later than fourteen (14) days after Notice to Proceed. No payments shall be due
the Contractor until this schedule is approved by all parties.
13.4 The Contract Construction Schedule is a Contract Document. The Contractor represents
that the Contract Construction Schedule has been reviewed in detail, that the Contractor
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participated in its preparation, that all of the activities which impact, limit, or otherwise affect the
time of completion of the Work are shown in the Contract Construction Schedule and that all of
the activities of others which impact, limit, or otherwise affect the start, duration, or completion of
the Contractor's activities are also shown. The Contractor further represents that the Contractor
can and will complete each activity within the time shown for that activity. Time is of the
essence with respect to each such activity and Completion Date.
13.5 If the Contractor submits a construction schedule, progress report, or any other document
that indicates or otherwise expresses an intention to achieve completion of the Work prior to any
Completion Date required by the Contract Documents or prior to expiration of the Contract
Time, no liability of the Owner to the Contractor for any failure of the Contractor to so complete
the Work shall be created or implied.
13.6 If the Contractor, for reasons beyond the Contractor's control, is delayed in beginning any
activity, the Contractor shall, nevertheless, have the same number of days as is shown in the
Contract Construction Schedule for the activity, and the affected activity and any succeeding
activity that is dependent upon that activity shall be adjusted accordingly; provided that at any
time the Owner, by means of a Change Order, may require the Contractor to work overtime, to
increase labor forces or to take any necessary or appropriate action to decrease the time
required for any activity, and the Contractor shall be entitled to an adjustment in the Contract
Price computed in accordance with Article 15 of these General Conditions.
13.7 At any time, the Owner may order the Contractor, on seven (7) days written notice, to
begin any activity earlier than the starting date shown on the Contract Construction Schedule.
13.8 Should the Contractor fail to start any activity on the start date shown in the Contract
Construction Schedule or as it may have been adjusted in accordance with paragraphs 13.5 or
13.6 above, or become delayed, the Contractor shall, without being entitled to any increase in
the Contract Price or other compensation, work overtime, increase labor forces or take such
other action as may be necessary or appropriate to complete the activity by the Completion
Date shown on the Contract Construction Schedule, or as such Completion Date may have
been adjusted.
13.9 The Designer and Owner or his Construction Consultant shall monitor progress of the work
at all times and the Contractor shall cooperate with such monitoring and provide any and all
information with respect to the progress of the Work and scheduling as the Owner may
reasonably require.
13.10 On a monthly basis, the Contractor shall revise the Contract Construction Schedule,
showing any adjustments made in accordance with paragraphs 13.5 or 13.6, above, by any
Change Order, the progress of the Work, and any days gained or days lost with respect to any
activity, and shall furnish copies thereof to the Owner and Designer.
13.11 Should any monthly revision of any Contract Construction Schedule show that the
Contractor is behind on any activity, the late completion of which could delay Substantial
Completion of the Work, the Owner shall be entitled to withhold from the next Progress Payment
due the Contractor an amount not exceeding the amount the Owner would be entitled to in
Liquidated Damages, should Substantial Completion be delayed by the same number of days
that the Contractor is currently behind schedule. If, subsequently, the Contractor's progress, as
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shown by any succeeding monthly revision to the Contract Construction Schedule, is such that
the anticipated delay no longer exists, the Owner shall pay with the Progress Payment next due
to the Contractor such amounts as have been withheld in accordance with this paragraph.
13.12 The Owner shall have the right to perform Work, hire and employ labor and craftsmen,
rent equipment, subcontract with other parties, or do anything that the Owner deems necessary
or appropriate to remedy or cure any delay by the Contractor in the progress of the Work. Such
action by the Owner shall not, in any way, affect, void or limit any warranty, guaranty or other
responsibility of the Contractor under the Contract Documents. Such action may be taken by the
Owner only after three (3) days written notice to the Contractor. All costs incurred by the Owner
in taking any such action shall be charged to the Contractor and deducted from any amounts
remaining due under the Agreement.
13.13 The Contractor may be entitled to an extension of the Contract Time (but no increase in
the Contract Sum)for delays arising from unforeseen causes beyond the control and without the
fault or negligence of the Owner, the Contractor or the Contractor's Subcontractors as follows:
a) Labor disputes and strikes that directly impact the critical path activities of the Contract
Construction Schedule;
b) Acts of God, tornado, fire, hurricane, blizzard, earthquake, typhoon, or flood that damage
completed Work or stored materials.
c) Acts of the public enemy; acts of the State, Federal, or local government in their sovereign
capacities.
d) Abnormal inclement weather as defined in Article 13.14.
13.14 On any day that the Contractor considers that the Project is delayed by adverse weather
conditions, the Contractor shall identify in writing to the Designer and the Owner the adverse
weather conditions affecting each activity, the specific nature of the activity affected, the number
of hours lost, and the number of and identity (by responsibility or trade) of workers affected and
shall obtain from the Designer written recognition of the delay. The time for performance of this
Contract includes an allowance for a number of calendar days which may not be suitable for
construction Work by reason of adverse weather. The Contract Time will be extended only if the
number of calendar days of adverse weather recognized by the Designer exceeds the number
of inclement weather days set forth below, and the Contractor demonstrates how this adverse
weather impacts activities on the critical path of the Contract Construction Schedule. Month
Number of Inclement Weather Days
January 10
February 10
March 10
April 9
May 10
June 9
July 11
August 10
September 8
October 7
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November 8
December 9
13.15 If the Contractor believes that the progress of the Work has been adversely affected by
adverse weather recognized by the Designer during a particular month, the Contractor shall
submit a written request for extension of time to the Designer. Such a request for time extension
of the Contract Time shall be submitted by the tenth (10th) day of the month following that
month in which the adverse weather is encountered. The request shall include, but is not limited
to, the following information: a) Detailed description of weather's effect on scheduled activities
and its net effect on the critical path of the Project, and b)Weather records from the official
weather station nearest the Project site and records of actual observation as contained in daily
reports, correspondence, or other documentation.
13.16 The Contractor specifically recognizes that a delay by the Contractor in achieving any
Completion Date can have the effect of delaying the Substantial Completion of the Project, that
such delay in Substantial Completion of the Project will necessarily cause damages, losses, and
expenses to the Owner, including, but not limited to and by way of illustration only, increased
capitalized costs and interests for the Project, increased and extended Project overhead,
Designer's and Consultant's fees, increased costs of construction, increased and extended
operation costs of other facilities, and inefficiency and loss of productivity, and that such
damages, losses, and expenses may not be readily identifiable or ascertainable at the time they
are incurred or at any time. Therefore, and in recognition of these factors and the likelihood that
actual damages from his delay will not be readily ascertainable, the Contractor agrees to pay to
the Owner, as Liquidated Damages and not as a penalty, the sum identified in the Contract
Documents hereto as the Liquidated Damages per Day, for each day by which the failure to
meet any Completion Date shown in the Contract Construction Schedule, adjusted in
accordance with this Article, delays the Substantial Completion of the Project.
13.17 The Contractor shall not be entitled to any adjustment in the Contract Price or other
compensation from the Owner for any delay in the completion of or progress on the Work that is
caused by a force majeure condition or is otherwise not caused by the sole and direct act or
omission of the Owner and the Owner's employees or agents.
13.18 The sum for Liquidated Damages is the amount stated in the Contract Documents as
Liquidated Damages reasonably estimated in advance to cover the losses to be incurred by the
Owner by reason of failure of said Contractor(s) to complete the Work within the time specified,
such time being in the essence of this contract and a material consideration thereof.
ARTICLE 14. CHANGES IN THE WORK
14.1 Without invalidating the Contract Documents, the Owner may, at any time, or from time to
time order additions, deletions, or revisions in the Work. Said additions, deletions, or revisions
shall be authorized only by written Change Orders, Construction Change Directives or Field
Orders. Upon receipt of a Change Order, Construction Change Directive or Field Order, the
Contractor shall proceed with the Work involved. All such Work shall be executed under the
applicable conditions of the Contract Documents. If any change causes an increase or decrease
in the Contract Price and/or an extension or shortening of the Contract Time, adjustments shall
be made as provided in Article 14 and/or Article 15. In order to expedite the Work and avoid or
minimize delay in the Work that might affect the Contract Price or Contract Time, the Designer
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may issue a Change Order in the form of a Construction Change Directive which when signed
by the Owner and Designer, directs the Contractor to proceed promptly with the Work involved.
Any claim for an adjustment in Contract Price or Time, if not defined in the Construction Change
Directive, shall be promptly made in writing in accordance with the procedures defined in Article
15.2.
14.2 The Designer may authorize minor changes or alterations in the Work not involving change
in the Contract Price or in the Contract Time and not inconsistent with the overall intent of the
Contract Documents. These may be accomplished by a Field Order. Such alterations shall not
invalidate the Contract Documents nor release the surety. If the Contractor believes that any
minor change or alteration authorized by the Designer entitles him to an increase in the Contract
Price and/or an extension of Contract Time, he may make a claim therefore as provided in
Article 14 and/or Article 15.
14.3 Except in an emergency endangering life or property, no change shall be made by the
Contractor except upon prior written Change Order, Directive or Field Order authorizing such
Change.
14.4 Increases in the Contract Price and/or extensions of the Contract Time for additional Work
performed by the Contractor shall only be in accordance with a written Change Order signed by
the Owner and Designer. The Contractor shall not be entitled to additional time or to additional
compensation for any Work performed or material supplied which is claimed to have been
authorized or settled by an "oral" change, or by a "constructive" or"implied" change, or by a
course of conduct, or by any action or non-action by the Owner, Designer, or any other persons,
or by any means whatsoever other than by a written Change Order for such Work or material
signed by the Owner and the Designer.
14.5 Changes in the Work resulting from emergency shall not invalidate the Contract
Documents nor release the surety.
14.6 Neither the Owner nor the Designer shall be responsible for verbal instructions which have
not been confirmed in writing, and in no case shall such instructions be interpreted as permitting
a departure from the Contract Documents unless such instruction is confirmed in writing and
supported by a proper Change Order, Construction Change Directive or Field Order, whether or
not the cost is affected.
14.7 The Owner, in its sole discretion, may require that the Contractor notify the Contractor's
sureties of any changes affecting the general scope of the Work or change in the Contract
Price, and that the amount of applicable bonds shall be adjusted accordingly. If this requirement
is exercised, the Contractor shall furnish proof of such adjustment to the Designer and the
Owner.
If this requirement is exercised, the Change Orders shall require written consent of the
Contractor's surety. At the time of signing a Change Order, the Contractor shall be required to
certify as follows: "I certify that all sureties have been notified that my contract has been altered
by the amount of this Change Order, and that a copy of the approved Change Order will be
mailed to all sureties upon its receipt by me." If this requirement is exercised, no payment to the
Contractor on account of any Change Order shall become due or payable until written evidence
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of the surety's consent to the Change Order has been furnished to the Designer and to the
Owner, and the furnishing of such written consent is a condition precedent to such payment.
14.8 The Contractor shall support all requests for Change Orders with a detailed cost
breakdown showing cost of materials, labor, equipment, transportation, other items, Contractor's
overhead and profit, and total cost, in accordance with methods defined in this Article, and, if the
request seeks an extension of the Contract Time, with a time-related diagram which
demonstrates specifically why an increase in construction time is needed.
14.9 When a request for a Change Order involves a Subcontractor, the Contractor shall provide
quotation from same on Subcontractor's letterhead. The Subcontractor's quote shall list
materials, equipment, and labor separately, and show overhead and profit in the manner
provided in paragraph 14.8.
ARTICLE 15. CHANGE OF THE CONTRACT PRICE
15.1 The Contract Price constitutes the total compensation payable to the Contractor for
performing all Work under the Contract Documents. All duties, responsibilities, and obligations
assigned to or undertaken by the Contractor shall be at his expense without change in the
Contract Price. The Contract Price may only be changed by a Change Order.
15.2 Any claim for an adjustment in the Contract Price shall be in writing and written notice of
any event, action, or non-action which may become the basis of a claim shall be delivered to the
Owner and the Designer within three (3) days of the occurrence of any such event, action or
non-action giving rise to the claim. Such written notice is a condition precedent to the making of
a claim, and such notice shall describe the basis of the potential claim with reasonable detail
and clarity.
A claim shall be made in writing and shall be delivered to the Designer and the Owner no later
than fourteen (14) days after such notice. The claim shall describe in detail the basis for the
claim, with specific reference to any provisions of the Contract Documents, by paragraph,
drawing number, or other specific identification, and shall state the amount claimed and how it is
calculated. If the Contractor, at the time the claim is made, is unable to state the amount
claimed with accuracy, the Contractor shall so state and provide the estimated amount and the
basis on which the amount is to be calculated. At the earliest date practicable, but in no event
more than thirty (30) days after Contractor's notice of claim, the Contractor shall supplement the
claim with an accurate statement of the amount claimed and how it has been calculated. The
Contractor shall provide, in writing, in support of the claim all such explanations, arguments,
data, receipts, expert opinions, or other documents or information as the Contractor deems
appropriate to be considered in support of the claim.
A claim may properly be rejected by the Owner by reason of the Contractor's failure to submit
adequate or accurate documentation or information, except that within seven (7) days after
being given notice that the claim has been rejected on this basis, the Contractor may submit
additional documentation or information. No claim for a change of the Contract Price shall be
considered or granted (except solely at the discretion of the Owner) unless a claim is so made,
nor shall the Contractor be entitled to any increase in the Contract Price unless the Contractor
has given notice and made such a written claim within the times required. The Owner shall
decide, after obtaining the advice of the
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Designer, whether an increase in Contract Price is warranted, and the amount of such increase
shall be determined as provided in paragraph 15.4 through 15.5, below. Any change in the
Contract Price resulting from any such claim shall be incorporated in a Change Order.
The Owner shall advise the Contractor of its decision with respect to the claim within fourteen
(14) days of its receipt, or of the receipt of additional documentation or information if the
absence of such has previously been the basis of rejection of the claim; provided, however, that
if, in its sole discretion, the Owner deems that review or consideration of any part of the claim or
any matter related thereto by its governing Board is necessary or appropriate, it shall so advise
the Contractor and shall provide its decision to the Contractor within seven (7) days after such
Board consideration, review or action. Any claim on which the Owner has not provided its
decision to the Contractor within the applicable time period shall be deemed denied. If the
Contractor is not satisfied with the decision of the Owner, the Contractor may within seven (7)
days of receipt of the Owner's decision initiate the mediation process as described in Appendix
A to the General Conditions of the Contract for Construction.
15.3 In determining the amount of a Contract Price adjustment, the parties shall apply the
following methods, as appropriate:
(A) Change in Work: The Owner and Contractor shall negotiate in good faith and attempt to
agree upon the value of any change (extra or decrease) in Work prior to the issuance of a
Change Order covering said Work. Such Change Order shall set forth the corresponding
adjustment to the Contract Price. In the event the Owner and the Contractor are unable to
agree, the Owner shall grant an equitable adjustment in the Contract Price.
(B) Emergency Work: In the event of emergency endangering life or property, the
Contractor may be directed by the Designer to proceed on a time and material basis,
whereupon the Contractor shall so proceed and keep accurately, in such form as may be
required by the Designer, a correct account of costs together with all proper invoices, payrolls,
and supporting data therefore.
15.4 Where the Contract Price is to be adjusted, the following limitations shall apply in
determining the amount of adjustment:
(A) In the case of extra or emergency work, the Contract Price shall not be increased by more
than the reasonable, actual, and documented net cost of the extra or emergency work plus ten
percent (10%) of such net cost on Work performed by the Contractor and five percent (5%)
thereof on any subcontracted Work for overhead and profit combined.
(B) In the case of a decrease in Work, the Contract Price shall not be decreased by less than
the net cost of the deleted Work plus five percent (5%) of such direct net cost for profit and
overhead.
The term 'net cost' as used herein shall include, as applicable, and shall be limited to, all direct
labor, direct material, direct equipment, labor burden, sales taxes, shipping and handling
charges, permits and fees, and insurance and bond premium adjustments, if any, attributable to
the change. All other items of cost shall be considered as overhead and covered by the
percentages allowed in sections A and B of this paragraph.
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The Contractor shall provide worksheets or tabulations describing the method by which the
direct net cost was calculated, and shall provide all data needed to support the calculation of the
direct net cost, all in a form acceptable to the Owner.
15.5 Where the Contract Price is to be adjusted by negotiation, the Owner may authorize and
designate the Designer to negotiate with the Contractor on behalf of the Owner; provided,
however, any agreement reached between the Contractor and Designer shall be subject to
approval by the Owner.
ARTICLE 16. UNFORESEEN CONDITIONS
16.1 Should the Contractor encounter unforeseen conditions at the Project site materially
differing from those shown on the Drawings or indicated in the Specifications or differing
materially from those ordinarily encountered and generally recognized as inherent in work of the
character provided for in this Agreement, the Contractor shall immediately, and in no event
more than three days later, give notice to the Owner of such conditions before they are
disturbed. The Owner and the Designer shall thereupon promptly investigate the conditions and
if they find that they materially differ from those shown on the Drawings or indicated in the
Specifications, they shall at once make such changes in the Drawings and/or Specifications as
they may find necessary. Any increase or decrease in the Contract Price resulting from such
changes shall be adjusted in the manner provided herein for adjustments as to extra and/or
additional Work and changes. However, neither the Owner nor the Designer shall be liable or
responsible for additional work, costs, or changes to the Work that could have been reasonably
determined from any reports, surveys, and analyses made available for the Contractor's review
or that could have been discovered by the Contractor through the performance of its obligations
pursuant to the Contract Documents.
ARTICLE 17. CORRECTION OF WORK BEFORE FINAL PAYMENT
17.1 The Owner has the authority to stop or suspend work, and the Designer has the authority
to order Work removed or to order corrections of defective Work or Work not in compliance with
the Contract Documents where such action may be necessary to ensure successful completion
of the Work.
Any work, materials, fabricated items, or other parts of the Work which have been found by the
Designer to be defective or not in accordance with the Contract Documents shall be condemned
and shall be removed from the Project by the Contractor, and immediately replaced by new
Work in accordance with the Contract Documents at no additional cost to the Owner. Work or
property of the Owner or others damaged or destroyed by virtue of such condemned Work shall
be made good at the expense of the Contractor. Correction of condemned Work described
above shall be commenced by the Contractor within twenty-four (24) hours after notice from the
Designer or the Owner and shall be pursued to completion. Should the Contractor fail to
proceed reasonably with the abovementioned corrections, the Owner may, three (3) days after
the notice specified in the preceding sentence, proceed with correction, paying the cost,
including costs of uncovering such condemned Work, of such corrections from amounts due or
to become due to the Contractor.
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Condemned Work removed shall be the property of the Contractor and shall be removed from
the Project by him within ten (10) days after notice to remove it, and if not then removed,
thereafter may be disposed of by the Owner without compensation to the Contractor and the
cost of such disposal shall be deducted from amounts due or to become due to the Contractor.
Should the cost of correction of the Work and, if applicable, disposal of the condemned Work by
the Owner exceed amounts due or to become due the Contractor, then the Contractor and the
Contractor's sureties shall be liable for and shall pay to the Owner the amount of such excess.
ARTICLE 18. CORRECTION OF WORK AFTER SUBSTANTIAL COMPLETION;
WARRANTIES AND GUARANTIES
18.1 Neither the final certificate, Final Payment, occupation of the premises by the Owner, nor
any provision of the Contract Documents, nor any other act or instrument of the Owner or the
Designer shall relieve the Contractor from responsibility for negligence, defective material or
workmanship, or failure to comply with the Contract Documents.
18.2 The Contractor shall, at the Contractor's sole cost and expense, make all necessary
repairs, replacements, and corrections of any nature or description, interior or exterior,
structural or non-structural, that shall become necessary by reason of defective workmanship or
materials which appear within a period of one (1) year from the date of Substantial Completion;
provided, however that notwithstanding the preceding, if any longer guarantee period is
specified for any particular materials or workmanship under the Contract Documents, or under
any subcontract, or in connection with any manufactured unit which is installed in the Project, or
under the laws of the State of North Carolina, the longer guarantee period shall govern.
18.3 If, within any guarantee period, repairs or changes are required in connection with the
Work, which are rendered necessary as the result of the use of materials, equipment, or
workmanship which are inferior, defective, or not in accordance with the terms of the Contract
Documents, the Contractor shall, promptly upon receipt of notice from the Designer and without
expense to the Owner:
a) Completely repair or replace the Work so that it conforms to the Contract Documents;
b) Correct all defects therein;
c) Make good all damage which, in the opinion of the Designer, is the result of the use of
materials, equipment, or workmanship which are inferior, defective, or not in accordance with
the terms of the Contract Documents; and
d) Make good any Work or material, or any equipment or contents disturbed in fulfilling any such
guarantee.
If, in fulfilling the requirements of the Contract Documents or of any guarantee embraced therein
or required thereby, the Contractor disturbs any work, facility, premises, or construction
belonging to the Owner, the Contractor shall restore such disturbed work to a condition
satisfactory to the Owner, and shall guarantee such restored work to the same extent as if it
were Work under the Contract Documents.
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If the Contractor, after notice, fails to proceed promptly to comply with the terms of the
guarantee, the Owner may have the defects corrected, and the Contractor and the Contractor's
ureties shall be liable for all expenses incurred. "Promptly" is defined as within twenty-four (24)
hours for systems necessary to normal operation of the building and within seventy-two (72)
hours for all other items. All special guarantees applicable to definite parts of the Work that may
be shown in or required by Contract Documents shall be subject to the terms of this paragraph
during the first year of the life of such special guarantee. Manufacturer's standard guarantees or
warranties which do not comply with the time limit specified herein shall be extended by the
Contractor automatically without further action on the part of the Owner or the Designer.
18.4 In the eleventh calendar month after the date of Substantial Completion, and at the request
of the Owner, the Contractor, the Owner and the Designer shall make an inspection of the Work
for the purpose of identifying defective workmanship and/or materials. If the Contractor, having
been requested to do so by the Owner, fails to participate in such inspection, the Contractor
shall be conclusively bound by any decision or ruling by the Designer as to any defective
workmanship or material and as to the Contractor's responsibility for its repair or replacement.
ARTICLE 19. OWNER'S RIGHT TO DO WORK
19.1 If, during the progress of the Work or during any period of guarantee, the Contractor fails to
prosecute the Work properly or to perform any provision of the Contract Documents, the Owner,
after three (3) days written notice to the Contractor from the Designer, or from the Owner after
Final Payment, may perform or have performed that portion of the Work and may deduct the
cost thereof from any amounts due or to become due the Contractor. Notwithstanding any
action by the Owner under this paragraph, all warranties and bonds given or to be given by the
Contractor shall remain in effect or shall be given by the Contractor.
19.2 Should the cost of such action by the Owner exceed the amount due or to become due the
Contractor, the Contractor and his sureties shall be liable for and shall pay to the Owner the
amount of such excess.
ARTICLE 20. PARTIAL PAYMENTS
20.1 Within thirty (30) days after his initial receipt of the Construction Contract for signatures,
the Contractor shall submit to the Designer a Schedule of Values. The Schedule of Values shall
indicate the value of the Work, including applicable overhead and profit, for each Division and
section of the Project Specifications. The Designer and Owner shall be provided with the
Contractor's estimate papers, Subcontractor agreements, supplier quotes, or other documents
substantiating these values if so requested in writing by the Designer. The Contractor shall
provide the requested documentation within seven (7) days after receipt of the Designer's
written request. The Schedule of Values shall be subject to approval by the Owner, and if the
Owner and the Contractor cannot agree upon the Schedule of Values, the Designer shall
prepare it, and the Schedule of Values as prepared by the Designer shall be binding on the
Owner and the Contractor. No Request for Payment shall be certified by the Designer until the
Designer has issued approval of said Schedule of Values.
20.2 Not later than the fifth (5th) day of each calendar month the Contractor shall submit to the
Designer a Request for Payment for Work done during the previous calendar month. The
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Request for Payment shall be in form of AIA Document G702 (latest edition) and shall show
substantially the value of Work done (including the value of material delivered to the Project or
stored by the Contractor at another site, subject to the conditions hereinafter set forth) during
the previous calendar month, and shall sum up the financial status of the Work with the
following information:
a) Total Contract Price, including any adjustment thereto made pursuant to the Contract
Documents.
b) Value of Work completed and materials properly stored to date.
c) Less amount retained.
d) Less previous payments.
e) Current amount due.
f) Balance remaining.
The Contractor, upon request of the Designer, shall substantiate the request with invoices,
vouchers, payrolls, or other evidence.
20.3 When payment is requested or made on an account of stored materials, such materials
must be stored on the Owner's property at such places and in such a manner as may be
designated by the Designer. However, in the sole discretion of the Owner, with permission
in writing from the Designer and Owner and under such circumstances as may be determined
by the Owner, such materials may be stored in a bonded warehouse. The location and
conditions for storage of such materials away from the Owner's property in a bonded warehouse
shall be within the sole discretion of the Owner. Requests for Payment on account of stored
materials shall be accompanied by paid invoices, bills of sale, warehouse receipts, or other
documentary evidence establishing Owner's title to such materials, evidence that the stored
materials are insured against loss and damage, and such other documentation as required by
the Designer. Responsibility for the quantity, quality, and condition of such stored materials,
whether stored on the Owner's property or away from the Owner's property, shall remain with
the Contractor regardless of ownership or title. No payment shall be made on account of
materials stored in a bonded warehouse unless the Contractor has acquired written permission
from the Designer for such storage of materials and has complied with all conditions set forth in
such permission regarding such storage of materials in a bonded warehouse.
20.4 Any Request for Payment received by the Designer on or before the fifth (5th) of the
calendar month shall be certified for payment or returned for re-submission to the Contractor on
or before the fifteenth (15th) of the calendar month. The Designer's certification shall be for the
amount which was requested or that which the Designer has decided was justly due, and shall
state in writing to the Contractor and Owner the reasons for withholding payment of any or all of
the amount requested.
20.5 The Designer may fail to certify all or part of any payment requested for any of the
following reasons:
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a) Defective Work not corrected.
b) Suits, actions, or claims of any character filed against the Contractor, or due to the operations
of the Contractor, or information or notice that a suit, action, or claim will be filed or has been
made.
c) Information or notice that a Subcontractor or a supplier has not received payment.
d) The balance unpaid of the Contract Price is insufficient to complete the Work in the judgment
of the Designer or Owner.
e) Damage to the Owner or another contractor.
f) Inability of the Contractor to meet a Completion Date, including an anticipated failure to meet
a Completion Date entitling the Owner to withhold anticipated Liquidated Damages in
accordance with paragraphs 13.15 and 13.17 hereof.
g) Failure to furnish Submittal as required by the Contract Documents on a timely basis in
accordance with the Submittal Register.
h) Such other reason as to the Designer may appear prudent, proper, or equitable. When
grounds for withholding certification have been corrected, the Designer shall so certify to the
Owner and the Owner shall make any payment due with respect to such certification as a part of
his next payment after such certification.
20.6 No certificate issued or progress payment made shall constitute an acceptance of the Work
or any part thereof.
20.7 The amount certified by the Designer for payment shall be ninety-five percent (95%) of the
value of Work completed and materials stored since the Designer's last certification as shown
on the Request for Payment, less any amounts not certified in accordance with paragraph 20.4,
and this amount shall be paid by the Owner on or before the last business day of the month, but
payment shall not be past due until not paid within fifteen (15) days thereafter.
20.8 After certification by the Designer that the Work is fifty percent (50%) complete, based on a
determination that the Contractor's gross project invoices, excluding the value of materials
stored off-site, equal or exceed fifty percent (50%) of the value of the Contract, (except the
value of materials stored on-site shall not exceed twenty percent (20%) of the Contractor's gross
project invoices for the purpose of determining whether the Project is fifty percent (50%)
complete) and the Contractor has provided to the Owner the written consent of its sureties to
the cessation of further percentage retention, the amount certified for payment with respect to
subsequent Requests for Payment shall be one hundred percent (100%) of the value of Work
completed and materials stored since the Designer's last certification as shown on the Request
for Payment, less any amounts not certified in accordance with paragraphs 20.4 and 20.5;
provided, however, that the aggregate of periodic payments shall not exceed ninety-seven and
one half percent (97.5%) of the Contract Price. If the Owner determines that the Contractor's
performance under the Contract is unsatisfactory, the Owner may resume withholding
percentage retention from each subsequent periodic payment application up to the maximum
amount of five percent (5%) of the Contract Price.
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ARTICLE 21. FINAL PAYMENT
21.1 If the Work of the Contractor is limited to demolition, pilings, caissons and/or structural
steel, the remaining unpaid balance of the Contractor's Contract Price, less a sum equal to five-
tenths percent (0.5%) of the Contract Price, shall be paid within sixty days following receipt of
the following documents, all of which must be received before payment shall become due: (i)
request for payment from the Contractor; (ii) receipt of consent from the Contractor's surety to
the payment; and (iii) approval or certification from the Designer that the work performed by the
Contractor is acceptable and in accordance with the Contract Documents.
21.2 Except as set forth in paragraph 21.1, within forty five days after Substantial Completion of
the Project, the remaining unpaid balance of the Contract Price shall be paid to the Contractor,
less an amount equal to two and one-half times the value of punch list work or other work
remaining to be completed or corrected, as reasonably estimated by the Owner.
21.3 Upon Substantial Completion, the Designer shall prepare and submit to the Contractor a
deficiency list identifying all portions of the Work which are known by the Designer at that time
to be incomplete or defective. Within thirty (30) days of receipt of this deficiency list, the
Contractor shall complete and correct all items on that list along with all other Work required to
achieve Final Completion of the Work. At any time prior to completion of the period of warranty,
the Designer may submit to the Contractor a supplemental deficiency list, in which case the
Contractor shall complete or correct any and all new items identified on the supplemental
deficiency list within the time period stipulated in paragraph 18.3.
21.4 Final Payment of any remaining balance of the Contract Price shall not be due to the
Contractor until the Contractor achieves Final Completion of the Project.
21.5 The making and acceptance of Final Payment shall constitute a waiver of all claims by the
Owner except:
a) Claims arising from unsettled liens or claims against the Contractor.
b) Defective Work or materials appearing after Final Payment.
c) Failure of the Contractor to perform the Work in accordance with the Contract Documents.
d) As conditioned in the Performance Bond.
e) Claims made prior to Final Payment which remain unsettled.
f) Amounts due arising under Articles 18 and 28.
g) Claims for recovery of overpayment based upon incorrect measurement, estimate, or
certificate.
21.6 The making and acceptance of Final Payment shall constitute a waiver of all claims by the
Contractor except those claims previously made in writing pursuant to paragraph 15.2 and
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not finally resolved.
21.7 The Designer shall not authorize Final Payment until all of the Work under the Contract
Documents has been certified by the Designer as completed, proper and suitable for occupancy
and use, and has been approved by all federal, state and local agencies having jurisdiction.
21.8 The final Request for Payment shall be identified on its face as such and shall be
presented by the Contractor to the Designer within thirty (30) days of completion of the Work.
Final payment of the retained amount due the Contractor shall be made by the Owner within
thirty (30) days after the later of(i)full and Final Completion of all Work required by the Contract
Documents, and certification of such Work in accordance with paragraph 20.4; (ii) submission of
the affidavits of other documentation required by Article 22; (iii) submission by the Contractor of
a Request for Payment identified on its face as final and including the Designer's certification.
ARTICLE 22. CONTRACTOR, SUBCONTRACTOR AND SUPPLIER AFFIDAVIT
22.1 The Final Payment due the Contractor on account of the Contract Documents shall not
become due until the Contractor has furnished to the Owner through the Designer: (A) an
affidavit by the Contractor signed, sworn, and notarized to the effect that all payments for
materials, services, or for any other reason in connection with the Work or performance of the
Contract Documents have been satisfied and that no claims or liens exist against the Contractor
in connection with the same; (B) affidavits from each Subcontractor and supplier signed, sworn,
and notarized to the effect that (i) each such Subcontractor or supplier has been paid in full by
the Contractor for all Work performed and/or materials supplied by him in connection with the
Project, and (ii) that all payments for materials, services, and for any other reason in connection
with the subcontract or supply contract have been satisfied and that no claims or liens exist
against the Subcontractor or supplier in connection therewith; and (C) the written consent of the
Contractor's sureties to Final Payment. In the event that the Contractor cannot obtain an
affidavit, as required above, from any Subcontractor or supplier, the Contractor shall state in the
Contractor's affidavit that no claims or liens exist against such Subcontractor or supplier to the
best of the Contractor's knowledge, and that if any appear afterwards, the Contractor shall save
the Owner harmless for all costs and expenses, including attorneys' fees, on account thereof.
ARTICLE 23. ASSIGNMENTS AND SUBCONTRACTS
23.1 The Contractor shall not assign any portion of this Agreement nor subcontract the Work in
its entirety without the prior written consent of the Owner. Except as may be required under
terms of the bonds required by the Contract Documents, no funds or sums of money due or to
become due to the Contractor under the Contract Documents may be assigned.
ARTICLE 24. MEASUREMENTS
24.1 Before ordering material or doing Work which is dependent for proper size or installation
upon coordination with building conditions, the Contractor shall verify all dimensions and shall
be responsible for the correctness of same. No consideration will be given for any claim based
on differences between the actual dimensions and those indicated in the Contract Documents.
Any discrepancies between the Contract Documents and the existing conditions shall be
referred to the Designer for adjustment before any Work affected thereby is begun.
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ARTICLE 25. CONTRACTOR AND SUBCONTRACTOR RELATIONSHIPS
25.1 Within thirty (30) days after initial receipt of the Construction Contract for signatures the
Contractor shall submit to the Designer and Owner for acceptance a current list of the names of
Subcontractors and such other persons and organizations (including those who are to furnish
materials or equipment fabricated to a special design) proposed for any and all portions of the
Work. The Contractor shall provide this list at this time even if the Contractor was required to
submit a list of proposed Subcontractors with the Contractor's bid. The Designer shall promptly
reply to the Contractor in writing stating whether or not the Owner or the Designer, after due
investigation, has objection to any such proposed person or entity or if it needs additional
information to evaluate the persons on the list. Failure of the Designer to reply within ten (10)
days after the Contractor has furnished all required information shall constitute notice of no
objection.
The Contractor shall not contract with any such proposed person or entity to whom the Owner
or the Designer has made reasonable objection. If the Designer or Owner has reasonable
objection to any such proposed person or entity, the Contractor shall submit a substitute to
whom the Owner and the Designer have no reasonable objection. The Contractor shall make no
substitution for any Subcontractor, person, or entity previously allowed without first notifying the
Designer and Owner in writing and no substitution may be made if the Owner or Designer
makes a reasonable objection to such substitution.
25.2 The Contractor agrees that the terms of the Contract Documents, including all portions
thereof, shall apply to all Subcontractors of the Contractor as if they were the Contractor, and
that the Subcontractors of the Contractor shall, by means of their subcontracts, be bound by all
the terms of the Contract Documents including, but not limited to, Article 26 of these General
Conditions.
25.3 Payments to Subcontractors shall be made in accordance with the provisions of N.C. Gen.
Stat. §143-134.1.
ARTICLE 26. USE OF PREMISES
26.1 The Contractor shall confine apparatus, the storage of materials, the operations of workers,
and the disposal of material to limits indicated by law, ordinances, permits, and directions of the
Designer, if any.
26.2 The Contractor shall not load or permit any part of the Work to be loaded with a weight that
will endanger its safety, intended performance, or configuration.
26.3 The Contractor shall enforce all of the Designer's instructions, including, but not limited to,
those regarding signs, advertisements, fires, and smoking.
ARTICLE 27. CUTTING, PATCHING AND FITTING
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27.1 The Contractor shall do all cutting, fitting, and patching of the Work that may be required to
make its several parts come together properly and fit it to receive or to be received by Work
shown in or which can be reasonably implied from the Contract Documents.
ARTICLE 28. DISPUTE RESOLUTION
28.1 The laws of the State of North Carolina shall apply to the interpretation and enforcement of
this Agreement. Any and all suits or actions to enforce, interpret, or seek damages with respect
to any provision of, or the performance or nonperformance of, this Agreement shall be brought
in the General Court of Justice of North Carolina sitting in Orange County, North Carolina, and it
is agreed by the parties that no other court shall have jurisdiction or venue with respect to such
suits or actions. In any dispute arising pursuant to the terms of this Agreement the Parties shall
follow and abide by the Rules and Procedures for Orange County Design, Building
Construction, Renovation, and Repair Projects. The policy is incorporated herein by reference
and may be viewed at
http://www.orangecountVnc.gov/departments/purchasing division/contracts.php). Regardless of
the outcome of any dispute each Party shall be responsible for its own legal costs including
reasonable attorneys' fees.
28.2 Any person or firm that expressly or impliedly agrees to perform labor or services or to
provide material, supplies, equipment, work, performance or payment bonds, insurance or
indemnification for the construction of the Project or the Work shall be deemed a party to this
Agreement solely for the purpose of this Article 28. The Contractor, by means of its
subcontracts, shall specifically require its Subcontractors to be bound by this Article.
ARTICLE 29. TAXES
29.1 The Contractor has included in the Contract Price and shall pay all taxes assessed by any
authority on the Work or the labor and materials used therein. The Contractor shall maintain all
tax records during the life of the Project and furnish the Owner with a complete listing of all
taxes paid by taxing authority, invoice number, date, amount, etc. in a form acceptable to the
Owner. The Contractor is required to maintain a file showing taxes paid on the Project for three
(3) years after Final Payment or turn said documents over to the Owner for his files.
29.2 The following is a list of requirements to be followed by the Contractor in maintaining
proper records and reporting the North Carolina Sales and Use Tax and Local Sales and Use
Tax. The Contractor shall comply fully with the requirements outlined below, in order that the
Owner may recover the amount of the tax permitted under the law.
a) It shall be the Contractor's responsibility to furnish the Owner documentary evidence showing
the materials used and sales and use tax paid by the Contractor and each of his
Subcontractors. Such evidence shall be transmitted to the Owner with each pay request
regardless of whether taxes were paid in that period.
b) The documentary evidence shall consist of a certified statement by the Contractor and each
of the Contractor's Subcontractors individually, showing total purchases of materials from each
separate vendor and total sales and use taxes paid to each vendor. Certified statements must
show the invoice number, or numbers, covered, and inclusive dates of such invoices.
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c) Materials used from Contractor's or Subcontractor's warehouse stock shall be shown in a
certified statement at warehouse stock prices.
d) The Contractor shall not be required to certify the Subcontractor's statements.
ARTICLE 30. OPERATION OF OWNER'S FACILITIES
30.1 The Contractor agrees that all Work done under the Contract Documents shall be carried
on in such a manner so as to ensure the regular and continuous operation of the adjoining or
adjacent facilities. The Contractor further agrees that the sequence of operations under the
Contract Documents shall be scheduled and carried out so as to ensure said regular and
continuous operation. The Contractor shall not close any areas of construction until so
authorized by the Designer. The Contractor shall control operations to assure the least
inconvenience to the public. Under all circumstances, safety shall be the most important
consideration.
ARTICLE 31. THIRD PARTY BENEFICIARY CLAUSE
31.1 It is specifically agreed between the parties executing the Agreement that, with the specific
exception set forth paragraph 7.24 hereof, and that exception only, the Contract Documents and
the provisions therein are not intended to make the public, or any member thereof, a third-party
beneficiary of the Agreement, or to authorize anyone not a party to the Contract Documents to
maintain a suit for personal injuries or property damage pursuant to the terms of provisions of
the Contract Documents.
ARTICLE 32. MEASUREMENT OF QUANTITIES
32.1 All Work completed under the Contract Documents shall be measured by the Contractor
using United States customary units of measurement. The method of measurement and
computations to be used in determination of quantities of material furnished and of Work
performed under the Contract Documents shall be those methods set forth in the Contract
Documents or, if not specifically set forth therein, the method generally recognized as
conforming to good engineering practice.
ARTICLE 33. TERMINATION BY THE OWNER FOR CAUSE
33.1 If the Contractor fails to begin or complete the Work under the Contract Documents within
the time specified, or fails to perform the Work with sufficient labor and equipment or with
sufficient materials to insure the prompt completion of said Work, or shall perform the Work
unsuitably or shall discontinue the prosecution of the Work for three (3) days, or if the
Contractor shall become insolvent, be declared bankrupt, commit any act of bankruptcy or
insolvency, allow any final judgment to stand against the Contractor or its affiliated companies
unsatisfied for a period of forty-eight (48) hours, make an assignment for the benefit of creditors,
or for any other cause whatsoever shall not carry on the Work in an acceptable manner, the
Owner may give notice in writing to the Contractor and the Contractor's sureties of such delay,
neglect, or default, specifying the same, and if the Contractor within a period of three (3) days
after such notice shall not proceed in good faith and with reasonable speed to correct such
delay, neglect, or default in accordance with such notice, the Owner shall have full power and
authority, to the extent permitted by law, without violating the Contract Documents, to take the
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prosecution of the Work out of the hands of the Contractor, to appropriate or use any or all
materials and equipment at the Project as may be suitable and acceptable, and may enter into
an agreement for the completion of the Work or pursue such other methods as in the Owner's
opinion shall be necessary or appropriate for the completion of the Work in an acceptable
manner. All costs and charges incurred by the Owner in proceeding in accordance with the
preceding sentence, including attorney's fees, and all costs incurred by the Owner in completing
the Work shall be deducted from any money due or which becomes due the Contractor. If such
costs and expenses incurred by the Owner shall be less than the sum which would have been
payable under Contract Documents if it had been completed by the Contractor, then the
Contractor shall be entitled to receive the difference, but if such costs and expenses shall
exceed the sum which would have been payable under the Contract Documents, the Contractor
and the Contractor's surety shall be liable to the Owner for and shall pay to the Owner the
amount of such excess.
ARTICLE 34. TERMINATION OR SUSPENSION BY THE OWNER FOR CONVENIENCE
34.1 The Owner may, without cause, order the Contractor to terminate, suspend, delay, or
interrupt the Work in whole or in part for such period of time as the Owner may determine.
34.2 If the Contractor is subsequently ordered by the Owner to resume the Work, any cost or
expenses to which the Contractor may be entitled by reason of the suspension, delay, or
interruption shall be recovered by means of a Change Order in accordance with Articles 13 and
14 hereof and the Contract Construction Schedule shall be adjusted in accordance with Article
13 hereof.
34.3 In the event of termination by the Owner under this Article, the Contractor shall be entitled
to receive the reasonable and documented direct costs incurred prior to termination, including
the cost of materials purchased for the Work which purchases cannot be canceled or which
material cannot reasonably be used by the Contractor on other work, and the cost of closing
down the Project in a safe and efficient manner, plus ten percent (10%) thereof for overhead
and profit, subject to the following conditions:
a)When the Contract is terminated before completion of all items of Work, payment shall be
made for the actual number of units or items of Work completed at the applicable contract
prices, or as mutually agreed for items of Work partially complete. If a mutual agreement cannot
be reached, the Owner shall have the authority to make such equitable adjustment as it deems
warranted and the Final Payment shall be made accordingly.
b) Reimbursement for organization of any Work and moving equipment to and from the job shall
be considered when not otherwise provided for in the Contract Documents where the volume of
completed Work is too small to compensate the Contractor for those expenses under unit
prices. If a mutual agreement cannot be reached, the Owner will have the authority to make
such equitable adjustments as it deems warranted and the Final Payment will be made
accordingly.
c) Materials obtained by the Contractor for the Work that have been inspected and accepted by
the Designer and that are not incorporated in the Work shall, at the request of the Contractor, be
purchased from the Contractor at the Contractor's actual cost as shown by receipted bills and
actual costs records at such points of delivery as may be determined by the Owner.
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d) No payment shall be made by Owner to Contractor except as herein above provided. No
claim for loss of anticipated profits shall be considered or allowed.
e) Termination of the Contract shall not relieve the Contractor of his responsibilities for any
completed portion of the Work nor shall it relieve his sureties of their obligation for and
concerning any just claims arising out of the Work performed. The Contractor shall not be
entitled to any other compensation, including compensation for lost profit, lost opportunity, or
any other direct or consequential cost, loss, or damage.
ARTICLE 35 MINORITY BUSINESS ENTERPRISE PROGRAM
35.1 The Contractor shall at all times comply with the Orange County Minority Business
Enterprise Policy. All documentation substantiating compliance with the requirements of this
program shall be delivered to the Owner as stipulated in the Contract Documents. A copy of the
Orange County Minority Business Enterprise Policy is included in the Project Manual.
ARTICLE 36 E-VERIFY AND DIGITAL SIGNATURES
36.1 By executing the Agreement Contractor affirms Contractor, its agents and subcontractors,
are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General
Statutes.
36.2 This Agreement together with any amendments or modifications may be executed
electronically. All electronic signatures affixed hereto evidence the consent of the Parties to
utilize electronic signatures and intent of the Parties to comply with Article 11A and Article 40 of
North Carolina General Statute Chapter 66.
36.3 By executing the Agreement Contractor certifies that Contractor has not been identified,
and has not utilized the services of any agent or subcontractor identified, on the list created by
the State Treasurer pursuant to G.S. 147-86.58.
36.4 By executing the Agreement Contractor certifies that Contractor has not been identified,
and has not utilized the services of any agent or subcontractor identified, on the list created by
the State Treasurer pursuant to G.S. 147-86.81.
ARTICLE 37 GENERAL
37.1 If any provision of the Agreement shall be declared invalid or unenforceable, the remainder
of the Agreement shall continue in full force and effect.
37.2 The titles to Articles herein are for convenience only, are not substantive parts of the
General Conditions, and are not to be considered in interpreting the Contract Documents.
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END OF GENERAL CONDITIONS OF THE CONTRACT FOR
CONSTRUCTION-EXHIBIT 1
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[Departmental Use Only]
TITLE
FY
NORTH CAROLINA
CONSTRUCTION AGREEMENT UNDER$250,000.00
ORANGE COUNTY
THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the
day of , 20 , by and between , (hereinafter called the "Contractor"), and Orange County,
a political subdivision of the State of North Carolina, (hereinafter called the "County," "Orange County,"
or"Owner").
WITNESSETH:
That the Contractor and the Owner, for the consideration herein named, agree as follows:
1. CONTRACT DOCUMENTS; PRIORITY
The Contract Documents consist of this Agreement, the Request for Proposals, Proposal,
Construction Drawings, and Written Specifications. The Contract Documents form the Contract. In the
event of any inconsistency between or among the Contract Documents the Contract Documents shall be
interpreted in the following order of priority:
a. This Agreement.
b. Designer Approved Bulletins and Field Orders.
c. Request for Proposals and addenda thereto.
d. Proposal.
2. SCOPE OF WORK
The Contractor shall furnish and deliver all of the materials, and perform all of the work
required by this Agreement within the time period stipulated in a written Notice-to-Proceed to be
executed by the Contractor and Owner and in accordance with the following enumerated documents,
which are made a part hereof as if fully contained herein:
a. Construction Drawings prepared by (Sheet dated )
b. Written specifications prepared by the project engineer.
C. proposal dated , 20 which fully describes the work to be performed.
Such work will hereafter be called the "Work".
d. Related documents listed under Section 1 above.
3. TERM AND SCHEDULING
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a. The Contractor agrees to commence work pursuant to the written Notice to Proceed.
b. The Contractor agrees to complete substantially all Work by 120
c. Time is of the essence with respect to all dates specified in the Contract Documents as
Completion Dates.
d. The Contractor shall perform the Work in the time, manner, and form required by the
Contract Documents and as stipulated in a written Notice-to-Proceed to be executed by the
Contractor and Owner.
e. It is expressly understood that the Owner will employ other contractors to perform work as
a part of the Project whose work will be performed simultaneously and sequentially with
the performance of the Work by the Contractor. It shall be necessary for the Contractor to
coordinate its activities with such other contractors, particularly with respect to access to
work areas, storage of materials and other common facilities.
f. Should the Owner determine that the Contractor is behind schedule Owner may require, at
no additional cost to the Owner, the Contractor to expedite and accelerate its efforts,
including providing additional resources and working overtime, as necessary, to perform
the Work in accordance with the approved project schedule.
4. STANDARD OF CARE
a. The Contractor shall exercise reasonable care and diligence in performing the Work in
accordance with the highest generally accepted standards of this type of Contractor
practice throughout the United States and in accordance with applicable federal, state and
local laws and regulations applicable to the performance of these services. Contractor is
solely responsible for the professional quality, accuracy and timely completion and
submission of all work.
b. The Contractor shall not load or permit any part of the Work to be loaded with a weight
that will endanger its safety, intended performance or configuration.
c. Contractor shall be responsible for all errors or omissions caused by its employees, agents,
contractors, or assigns in the performance of the Agreement. Contractor shall correct any
and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional
cost to the Owner.
d. Contractor is an independent contractor of Owner. Any and all employees of the
Contractor engaged by the Contractor in the performance of any work or services required
of the Contractor under this Agreement, shall be considered employees or agents of the
Contractor only and not of the Owner, and any and all claims that may or might arise under
any workers compensation or other law or contract on behalf of said employees while so
engaged shall be the sole obligation and responsibility of the Contractor.
e. If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Contractor represents that it or its employees, agents
and subcontractors engaged in such activities possess such licenses, certifications, or
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credentials and that such licenses certifications, or credentials are current, active, and not in
a state of suspension or revocation.
f. The Contractor is responsible for all physical damage to owned or rented machinery, tools,
equipment, forms, and other items owned, rented or used by the Contractor and
Subcontractor(s) in the performance of the Work including all of Owner's property in
Contractor's care, custody, or control, and all such property while it is in transit.
g. The Contractor is solely responsible for obtaining all permits necessary to complete the
Work in compliance with all local, state, and federal laws.
5. PAYMENT & TAXES
a. The Owner hereby agrees to pay to the Contractor for the faithful performance of this
Agreement, and the Contractor hereby agrees to perform all of the Work for a sum not-to-
exceed Dollars ($ ). Not later than the fifth (5th) day of each calendar month
the Contractor shall submit to the Owner's Representative, generally the architect if an
architect is retained on the Work, a Request for Payment for work done during the
previous calendar month.
i. The Request for Payment shall be in form of a standardized invoice or AIA
Document G702-703 appropriately addressed to Owner's Representative at
and shall show substantially the value of work done during the previous calendar
month.
ii. The amount due for payment shall be ninety-five percent (95%) of the value of
work completed since the last Request for Payment and this amount shall be paid
by the Owner on or before the last business day of the month. Owner shall retain
five percent (5%).
1. Upon Owner's Representative's certification that ninety percent (90%) of
the Work has been satisfactorily completed retainage may be discontinued.
Retainage may be discontinued, at Owner's Discretion, so long as work
continues to be completed satisfactorily and on schedule.
iii. Final payment shall not be due to the Contractor until thirty (30) days after one
hundred percent (100%) of the Work, including punch list work, has been
satisfactorily (as determined by the County) completed and an appropriate affidavit
as required in Section 7(c)below has been received by Owner.
b. Should Owner reasonably determine that Contractor has failed to perform the Work related
to a Request for Payment, Owner, at its discretion may provide the Contractor ten (10)
days to cure the breach. Owner may withhold the accompanying payment without penalty
until such time as Contractor cures the breach.
i. Should Contractor or its representatives fail to cure the breach within ten (10) days,
or fail to reasonably agree to such modified schedule, Owner may immediately
terminate this Agreement in writing, without penalty or incurring further obligation
to Contractor.
ii. This section shall not be interpreted to limit the definition of breach to the failure to
perform the Work related to a Request for Payment.
c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any
authority on the Work or the labor and materials used therein. It shall be the Contractor's
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responsibility to furnish the Owner documentary evidence showing the materials used and
sales and use tax paid by the Contractor and each of its subcontractors.
6. INSURANCE AND BONDS
a. Minimum requirements — Contractor shall obtain, at its sole expense, Commercial General
Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any
additional insurance as may be required by Owner's Risk Manager as such insurance
requirements are described in the Orange County Risk Transfer Policy and Orange County
Minimum Insurance Coverage Requirements (each document is incorporated herein by
reference and may be viewed at
hqp://www.oran eg countync. og v/departments/purchasing division/contracts.php). If
Owner's Risk Manager determines additional insurance coverage is required such
additional insurance shall be designated here (if no additional insurance required
mark N/A as being not applicable). Contractor shall not commence construction work
until such insurance is in effect and certification thereof has been received by the Owner's
Risk Manager.
b. Performance Bonds — Contractor shall furnish bonds covering the faithful performance of
the Contract and payment of all obligations arising under any of the Contract Documents
or related in any way to the Work. Contractor shall immediately furnish a copy of such
bonds to any requesting person who appears to be a potential beneficiary of bonds
covering payment obligations arising under any of the Contract Documents. This
subsection 6(b) applies only to Contracts of fifty thousand dollars ($50,000.00) or more
where the total cost for the project is three hundred thousand dollars ($300,000.00) or
more.
7. INDEMNITY
a. To the extent authorized by North Carolina law the Contractor shall indemnify, without
limitation, and hold harmless to the maximum extent permitted by law the Owner and its
agents and employees from and against any and all claims, damages, losses and expenses,
including attorney's fees, arising out of or resulting from the performance or
nonperformance of the Work, provided that any such claim, damages, loss or expense (A)
is attributable to bodily injury, sickness, disease or death or injury to, or destruction of,
property, including the loss of use resulting therefrom; and (B) is caused in whole or in
part by any breach of any provision of the Agreement or by any negligent or wrongful act
or omission of the Contractor, any Subcontractor, or supplier of the Contractor, anyone
directly or indirectly employed by any of them or anyone for whose acts any of them may
be liable. The indemnification obligation under this paragraph shall not be limited in any
way by any limitation of the amount or type of damages, compensation or benefits payable
by or for the Contractor or any subcontractor under workers' compensation acts, disability
benefits acts or other employee benefit acts. It is the intent of this section that the
Contractor shall indemnify the County to the maximum extent allowed by law.
b. The Contractor shall indemnify and hold harmless Owner from any lien of whatever type
through the purchase of appropriate bonds and insurance as designated in Section 6 above.
In the event any such lien is filed against Owner's property Contractor shall, through such
bonds and insurance or at Contractors expense, defend Owner against all such claims of
lien.
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c. Upon completion of the Work the Contractor shall execute an affidavit stating there are no
unpaid debts for any work that has been done or materials that have been furnished to the
project prior to and as of the date of substantial completion and further stating that
Contractor shall indemnify, save and protect Owner and Owner's lender, if any, harmless
from and against any and all claims, liabilities, losses, damages, causes of action, and
expenses (including court costs and reasonable attorney's fees related thereto) arising out
of, in connection with, or resulting from any such debts and liens. Such indemnification
shall be in a form and substance acceptable to Owner.
d. By executing this Agreement Contractor agrees to abide by and be bound by the
indemnification provisions herein and of Section 7(c) specifically.
8. DISPUTE RESOLUTION AND GOVERNING LAW
a. Any dispute with respect to any provision of, or the performance or non-performance of,
this Agreement shall be subject to the Dispute Resolution Rules and Procedures for Orange
County Design, Building Construction, Renovation, and Repair Projects. The policy is
incorporated herein by reference and may be viewed at
http://www.oran_eg countync._og v/departments/purchasing division/contracts.php).
b. The laws of the State of North Carolina shall apply to the interpretation and enforcement of
this Agreement. Any and all suits or actions to enforce, interpret or seek damages with
respect to any provision of, or the performance or nonperformance of, this Agreement or
the Contract shall be brought in the General Court of Justice of North Carolina sitting in
Orange County,North Carolina and it is agreed by the parties that no other court shall have
jurisdiction or venue with respect to such suits or actions.
c. Notice of any claim by Owner or Contractor must be initiated by written notice to the other
Party within thirty (30) days of the occurrence of the event giving rise to the claim or
within thirty (30) days of the discovery of the event or condition giving rise to the claim,
whichever is later.
i. Should any claim be made, regardless of whether such claim is made by Owner or
Contractor, Contractor shall continue to faithfully and diligently perform the Work
in such a manner as to meet all scheduled timelines. Any failure to faithfully and
diligently perform the Work may be deemed, by the Owner, a breach of the
Contract.
ii. If a claim is made such claim shall be made to the initial decision maker, if
applicable, who may request more supporting data, reject the claim in whole or in
part, approve the claim in whole or in part or advise the parties the claim is unable
to be resolved.
iii. If a claim is made by the Owner the Owner may, but is not obligated to, notify the
surety.
9. NON—APPROPRIATION
a. Contractor acknowledges that Owner is a governmental entity, and the validity of this
Agreement is based upon the availability of public funding under the authority of its
statutory mandate.
b. In the event that public funds are unavailable and not appropriated for the performance of
Owner's obligations under this Agreement, then this Agreement shall automatically expire
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without penalty to Owner immediately upon written notice to Contractor of the
unavailability and non-appropriation of public funds. It is expressly agreed that Owner
shall not activate this non-appropriation provision for its convenience or to circumvent the
requirements of this Agreement, but only as an emergency fiscal measure during a
substantial fiscal crisis.
c. In the event of a change in the Owner's statutory authority, mandate or mandated
functions, by state or federal legislative or regulatory action, which adversely affects
Owner's authority to continue its obligations under this Agreement, then this Agreement
shall automatically terminate without penalty to Owner upon written notice to Contractor
of such limitation or change in Owner's legal authority.
10. NOTICES
Any notice required by this Agreement shall be in writing and delivered by certified or registered
mail, return receipt requested to the following:
Owner: Contractor:
Orange County
Attn:
P.O. Box 8181
Hillsborough,NC 27278
11. MISCELLANEOUS
a. Duties and Obligations imposed by the Contract Documents shall be in addition to any
Duties and Obligations imposed by state, federal or local law, rules, regulations and
ordinances.
b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or
duty granted them under the Contract Documents, nor shall any act or failure to act
constitute any approval except as specifically agreed in writing.
c. The Work shall be tested and inspected as required by the Contract Documents and as
required by law. Unless prohibited by law the costs of all such tests and inspections
related to state and federal codes such as ADA, Administrative, Electrical, Plumbing,
Mechanical and Building Codes shall be borne by the Contractor. The costs for material
and structural testing shall be conducted by an independent third party at the expense of the
Owner. Delays related to any of the aforementioned tests and inspections shall not be
grounds for delaying the completion of the work. If any such tests and inspections reveal
deficiencies in the Work such that the Work does not comply with terms or requirements
of the Contract Documents and the requirements of any code or law the Contractor is
solely responsible for the cost of bringing such deficiencies into compliance with the terms
of the Contract Documents and any code or law.
d. Should the Architect, if an architect is retained for the project involving the Work, or
Owner reject any portion of the Work for failing to comply with the Contract Documents
Contractor shall immediately, at Contractor's expense, correct the Work. Any such
rejection may be made before or after substantial completion. If applicable, any additional
expense borne by the Architect under this section shall be paid at Contractor's expense.
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e. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in
its entirety without the prior written consent of the Owner.
f. By executing this Agreement Contractor affirms that Contractor and any subcontractors of
Contractor are and shall remain in compliance with Article 2 of Chapter 64 of the North
Carolina General Statutes.
g. By executing this Agreement Contractor certifies that Contractor has not been identified,
and has not utilized the services of any agent or subcontractor identified, on the list created
by the State Treasurer pursuant to G.S. 147-86.58.
h. By executing this Agreement Contractor certifies that Contractor has not been identified,
and has not utilized the services of any agent or subcontractor identified, on the list created
by the State Treasurer pursuant to G.S. 147-86.81.
i. The County has designated( ) to act as the County's representative with respect to the
Work and shall have the authority to render decisions within guidelines established by the
County Manager or the County Board of Commissioners and shall be available during
working hours as often as may be reasonably required to render decisions and to furnish
information.
j. Contractor shall at all times remain in compliance with all applicable local, state, and
federal laws, rules, and regulations including but not limited to all state and federal non-
discrimination laws, policies, rules, and regulations and the Orange County Non-
Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated
herein by reference and may be viewed at
hqp://www.oran eg countync. og v/departments/purchasing division/contracts.php). Any
violation of the Orange County Non-Discrimination Policy is a breach of this Agreement
and County may immediately terminate this Agreement without further obligation on the
part of the County. This paragraph is not intended to limit and does not limit the definition
of breach to discrimination.
k. This Agreement together with any amendments or modifications may be executed
electronically. All electronic signatures affixed hereto evidence the consent of the Parties
to utilize electronic signatures and intent of the Parties to comply with Article 11A and
Article 40 of North Carolina General Statute Chapter 66.
1. In the event of a breach by Contractor Owner has sole authority to determine the
reasonableness of Contractor's actions to remedy such breach or complete the performance
of its obligations.
in. Upon request of the Owner, the Contractor shall submit to County all relevant
documentation, including but not limited to,job cost records, to support its claims for final
compensation and if such request is made final compensation shall not be due until all
relevant documentation is received, reviewed, and approved by Owner.
12. CONSEQUENTIAL AND LIQUIDATED DAMAGES
a. Owner and Contractor mutually waive any claim against each other for consequential
damages. Consequential Damages include:
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i. Damages incurred by Owner for loss of use, income, financing, or business.
ii. Damages incurred by Contractor for office expenses, including personnel, loss of
financing, profit, income, business, damage to reputation, or any other non-direct
damages.
b. Liquidated damages shall be in accord with the Contract Documents. If the Contract
Documents do not otherwise address liquidated damages, such damages shall be in the
amount of five hundred dollars ($500.00)per day.
13. TERMINATION OR SUSPENSION
a. The Owner may, without cause, order the Contractor to terminate, suspend, delay or
interrupt the Work in whole or in part for such period of time as the Owner may determine.
i. If Owner issues a written order to delay, suspend, or interrupt the Work, and such
order is not due to or as a result of any fault on the part of the Contractor or any
subcontractor, the Contractor may recover a per diem amount of five hundred
dollars ($500.00) per day with a not-to-exceed limit of ten thousand dollars
($10,000.00).
ii. In the event of termination by the Owner under this Agreement, the Contractor
shall be entitled to receive its reasonable and documented direct costs prior to
termination, including the cost of materials purchased for the Work which
purchases cannot be canceled or which material cannot reasonably be used by the
Contractor on other work, and the cost of closing down the work in a safe and
efficient manner.
iii. If Owner elects to suspend or terminate the contract pursuant to subparagraphs
13.a.i. or 13 a.ii. the sole remedy available to the Contractor are those listed in the
subparagraphs and Contractor is not entitled to any right to further claims for any
amount owed or disputed or for payment of damages alleged to have been sustained
as a result of Owner's order to delay, suspend, or interrupt the Work.
b. The Owner may, with cause, order the Contractor to suspend, delay or interrupt the Work
in whole or in part for such period of time as the cause remains.
i. If Owner issues a written order to delay, suspend, or interrupt the Work, and such
order is due to or as a result of any fault on the part of the Contractor or any
subcontractor, the Owner may reduce payment at a per diem amount of five
hundred dollars ($500.00)per day.
c. Contractor may terminate the Contract if, at the Owner's written direction, the Work is
stopped for twenty one (21) consecutive days through no act or fault of the Contractor,
their agents or employees, or a subcontractor or their agents or employees or any other
person performing work pursuant to the Contract Documents. Contractor may terminate
the Contract if a Court or other Public authority having jurisdiction enters a lawful order
that requires all work to be stopped and such stoppage lasts for twenty one (21)
consecutive days.
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d. Either party may terminate this Agreement upon notice to the other party that obligations
pursuant to this Agreement are made impossible due to declarations of emergency by
Orange County or by North Carolina due to events directly impacting Orange County.
Both parties shall remain responsible for all payment and performance due up to the receipt
of such notice, but shall have no further obligation or responsibility beyond that date
provided the terminating party has taken all reasonable steps to complete the performance
of its obligations.
14. ENTIRE AGREEMENT
All of the documents listed, referenced or described in this Agreement, the written Notice-to-
Proceed, together with Modifications made or issued in accordance herewith are the Contract Documents,
and the work, labor, materials and completed construction required by the Contract Documents and all
parts thereof is the Work. The Contract Documents constitute the entire agreement between Owner and
Contractor. This Agreement may be amended only by written instrument signed by both parties.
Modifications may be evidenced by facsimile signatures. If any provision of the Agreement shall be
declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and
date first above written wholly or in a number of counterparts each of which shall, without proof or
accounting for other counterparts, be deemed an original contract.
ORANGE COUNTY CONTRACTOR
Signature Signature
County Manager
Printed Name and Title
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ORANGE COUNTY-DEPARTMENT USE ONLY
Party/Vendor Name: Party/Vendor Contact Person: Contact Phone: Party/Vendor Address: City
State: Zip: Department: Amount: Purpose: Budget Code(s): Vendor#
(N/A if new vendor) Vendor is a BOCC consultant? Yes ❑No❑ Contract Type: (Check one)New❑ Renewal
❑ Amendment ❑ Effective Date Approved by Board Yes❑No❑ Agenda Date:
This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this
project has not been initiated prior to execution of the agreement:
Department Director's Signature Date:
Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have
already begun or been completed please briefly describe the nature of the emergency condition that was addressed:
Risk Management
This agreement is approved for sufficiency of insurance standards, specifications,and requirements:
Office of the Risk Management Officer Date:
Financial Services
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act:
Office of the Chief Financial Officer Date:
Legal Services
This agreement is approved as to legal form and sufficiency:
Office of the County Attorney Date:
Clerk to the Board
Received for record retention:
All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov
The following signature block is for hard copies only and is not required for Docusign contracts:
Office of the Clerk to the Board Date:
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ORANGE COUNTY
NORTH CAROLINA
DISPUTE RESOLUTION RULES AND PROCEDURES FOR ORANGE COUNTY DESIGN, BUILDING
CONSTRUCTION, RENOVATION,AND REPAIR PROJECTS
RULE 1. INITIATING MEDIATED SETTLEMENT CONFERENCES
A. Purpose of Mandatory Settlement Conferences. Pursuant to G.S. §143-128(f1) and 143-
135.26(11),these Rules are promulgated to implement a mediated settlement program designed to
focus the parties' attention on settlement rather than on claim preparation and to provide an
opportunity for orderly settlement negotiations to take place. Nothing herein is intended to limit or
prevent the parties from engaging in settlement procedures voluntarily at any time prior to or during
commencement of the dispute resolution process.
B. Initiating the Dispute Resolution Process
1. Any party to a County public construction contract(referred to herein generally as the
"Contract") governed by Article 8. Ch. 143 of the General Statutes and identified in G.S. § 143-
128(f1) and who is a party to a dispute arising out of the Contract and the construction process
in which the amount in controversy is at least$15,000 may submit a written request to the
County for mediation of the dispute.
2. Prior to submission of a written request for mediation to the County,the party requesting
mediation should give notice of any and all claims in accordance with their respective contracts,
obtain decisions on the claims as required or allowed by their respective contracts, and attempt
to resolve the dispute according to the terms and conditions in their respective contracts.The
Mediator may adjourn any mediated settlement conference if the Mediator believes, in his or
her sole discretion,that the parties have not satisfied all of the terms and conditions of their
respective contracts and that doing so will enhance the prospects for a negotiated settlement.
C.Condition Precedent to Litigation. Before any party to a Contract may commence a civil action
against the County seeking remedies for breach or non-performance of the Contract by the County, said
party must first initiate the dispute resolution process under these rules and attend and participate in
good faith in the mediated settlement conference.
RULE 2. SELECTION OF MEDIATOR
A. Mediator Listing.A List of Mediators acceptable to the County is maintained by the County Attorney
and that list is incorporated by reference into these Rules.
B. Selection of Mediator.The party requesting mediation shall select a Mediator from the List of
Mediators and shall file,with the County, a Notice of Selection of Mediator within 21 days of the request
for mediation. Such notice shall state the name, address, and phone number of the Mediator selected. If
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the Mediator selected is not available or declines to participate for any reason,the requesting party
shall select another person from the List of Mediators. If the party requesting mediation does not select
and designate a mediator within 21 days of the request for mediation,the County shall have the right in
its absolute discretion to appoint a mediator from its List of Mediators.
C. Disqualification of Mediator. Any party may request replacement of the Mediator for good cause.
Nothing in this provision shall preclude Mediators from disqualifying themselves.
RULE 3.THE MEDIATED SETTLEMENT CONFERENCE
A. Where Conference is to be Held. Unless all parties and the Mediator otherwise agree, the mediated
settlement conference shall be held in county seat of Orange County.The Mediator shall be responsible
for reserving a place, making arrangements for the conference, and giving timely notice of the time and
location of the conference to all attorneys, unrepresented parties and other persons or entities required
to attend.
B. When Conference is to be Held.The mediation shall be completed within 90 days after selection of
the Mediator unless all parties to the mediation agree to a different schedule.
C. Request to Accelerate or Extend Deadline for Completion. Any party or the Mediator may request
the County to accelerate or extend the deadline for completion of the conference. Such request shall
state the reasons the acceleration or extension is sought and shall be served by the moving party upon
the other parties and the Mediator. Objections to the request must be promptly communicated to the
County and to the Mediator.
The County,with the concurrence of the designated Mediator, may grant the request by adjusting the
time for completion of the conference.
D. Recesses.The Mediator may recess the mediation conference at any time and may set times for
reconvening. If the Mediator determines the time and place where the conference is to reconvene
before the conference is recessed, no further notice is required to persons present at the conference.
E. Project Delay.The mediated settlement conference that results from a construction contract dispute
shall not be cause for the delay of the construction project.
RULE 4. DUTIES OF PARTIES AND OTHER PARTICIPANTS IN FORMAL DISPUTE RESOLUTION PROCESS
A.Attendance.
1. All parties to the dispute must designate an official representative to attend the mediation.
2. "Attendance" means physical attendance, not by telephone or other electronic means.Any
attendee representing a party must have authority from that party to bind it to any agreement
reached as a result of the mediation.
3. Attorneys representing parties may attend the mediation, but are not required to do so.
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4. Sureties and insurance company representatives are required to physically attend the
mediation unless the Mediator and all of the other parties to the mediation excuse their
attendance or consent to their attendance by telephone or other electronic means.
5.The parties who attend a duly scheduled mediation conference shall have the right to recover
their share of the Mediator's compensation from any party or parties who fail to attend the
conference without good cause.
B. Finalizing Agreement. If an agreement is reached in the conference,the terms of the agreement shall
be confirmed in writing and signed by all parties.
C. Payment of Mediation Fee: Mediation Fees charged by the Mediator shall be paid in accordance with
G.S. § 143-128(f1).
D. Failure to Compensate Mediator. Any party's failure to compensate the Mediators in accordance
with G.S. § 143-128(f1) shall subject that party to a withholding by the County of said amount of money
from the party's payment or any other moneys owed by that party to the County.
Should the County fail to compensate the Mediator, it shall hereby be subject to a civil cause of action
from the Mediator for the County's portion of the Mediator's total fee as required by G.S. § 143-128(f1).
RULE 5.AUTHORITY AND DUTIES OF MEDIATORS
A.Authority of Mediator.
1.Control of Conference. The Mediator shall at all times be in control of the conference and the
procedures to be followed.
2.Private Consultation. The Mediator may communicate privately with any participant or
counsel prior to and during the conference.The fact that private communications have occurred
with a participant shall be disclosed to all other participants at the beginning of the conference.
3.Scheduling the Conference. The Mediator shall make a good faith effort to schedule the
conference at a time that is convenient with the participants, attorneys and Mediator. In the
absence of agreement,the Mediator shall select the date for the conference.
4.Determining good cause for a party's failure to appear at a scheduled mediation conference.
B.Duties of Mediator.
1.The Mediator shall define and describe the following at the beginning of the conference:
a.The process of mediation.
b.The difference between mediation and other forms of conflict resolution.
c.The costs of the mediated settlement conference.
d.That the mediated settlement conference is not a trial, the Mediator is not a judge,
and the parties retain their legal rights if they do not reach settlement; however,the
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Mediator will advise all parties that failure to appear at mediation without good cause
may result in imposition of sanctions and may be asserted as a bar to lawsuits by
claimants who have failed to exhaust this administrative remedy.
e.The circumstances under which the Mediator may meet and communicate privately
with any of the parties or with any other person.
f.Whether and under what conditions communications with the Mediator will be held in
confidence during the conference.
g.The inadmissibility of conduct and statements as provided by G.S. §7A-38.1(1).
h.The duties and responsibilities of the Mediator and the participants.
i.That any agreement reached will be reached by mutual consent.
2. Disclosure:The Mediator has a duty to be impartial and to advise all participants of any
possible bias, prejudice or partiality.
3. Declaring Impasse:The Mediator may determine at any time during the mediation conference
that an impasse exists and that the conference should end.
4. Reporting Results of Conference. The Mediator shall submit a written report to the County
and the other parties within 10 days of the conference stating whether or not the parties
reached an agreement.The Mediator's report shall indicate the absence of any party from the
mediated settlement conference without permission or good cause.
5. Scheduling and Holding the Conference. It is the duty of the Mediator to schedule the
conference and conduct it prior to the deadline of completion set by the rules.The Mediator
shall strictly observe deadlines for completion of the conference unless said time limit is
changed by agreement of the parties.
RULE 6. COMPENSATION OF THE MEDIATOR
The parties shall compensate the Mediator for mediation services at the rate proposed by the Mediator
and agreed to by the parties at the time the Mediator is selected.
RULE 7. RULE MAKING
These Rules may be amended by the County at any time.Amendments will not affect mediations where
claims and/or requests for mediation have been filed at the time the amendment takes effect.
RULE 8. DEFINITIONS
A. "County" shall mean Orange County North Carolina.
B. "Project Designer" is that person or firm stipulated as project designer in the Contract Documents for
the project.
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C. "Claim" is a demand or assertion by a party seeking adjustment or interpretation of Contract terms,
payment of money, extension of time or other relief with respect to the terms of the Contract.The term
"Claim" also includes other disputes and matters in question between the parties to a Contract involved
in the County's building construction renovation and repair projects arising out of or relating to the
Contract or the construction process. Claims must be initiated by a written notice.The responsibility to
substantiate Claims shall rest with the party making the Claim.
D. "Good Cause"generally includes any circumstance beyond the control of a party, which prevents that
party from meeting obligations. When good cause is asserted as an excuse for a party's failure to appear
at a mediation conference or to otherwise comply with the requirements of these Rules,the Mediator,
in his or her sole discretion, will determine whether good cause exists to excuse the party's failure to
appear or otherwise comply with these rules.
RULE 9.TIME LIMITS
A. Any time limit provided for by these Rules may be waived or extended at the sole discretion of the
County, if no Mediator has been selected, and at the discretion of the County with concurrence of the
Mediator if a Mediator has been selected.
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Appendix 3
Insurance Requirements
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Orange County Minimum Insurance Coverage Requirements
Note: An Exception or Waiver of Minimum Coverage may only be granted at the discretion and approval of Risk Management based on assessment of risk posed to the county.
Coverage Low Risk Profile Standard Risk Profile High Risk Profile Specialty Encroachment Premises Lease
Commercial General Liability $1,000,000/$2,000,000 $1,000,000/$2,000,000 $1,000,000/$2,000,000 $1,000,000* $1,000,000 $1,000,000
Per accident
Products/Completed Operation Explosion,
Collapse&Underground(XCU) As above As Above As above As Above
If any,Limit to be determined. If any,TBD. If any,TBD.
Automobile Liability $1,000,000(CSL) $1,000,000* $1,000,000* $1,000,000* N/A N/A
Per occurrence
**Workers'Compensation Statutory Statutory Statutory Statutory N/A Statutory
**Employer's Liability 100/500/100 500/500/500* 500/500/500 500/500/500* N/A 100/500/100
**Waiver of Subrogation on WC Required if available Required if available Required Required N/A N/A
Umbrella Liability $1,000,000 $2,000,000 $2,000,000+ $9,000,000+ N/A N/A
Professional Liability maybe required $1,000,000 per $1,000,000 TBD TBD N/A N/A
on a risk profile depending on nature of occurrence
services provided by contract.Coverage
required for professional service such
as accountant,attorney,architect,
design,engineering,health care and
most consultants.
Sexual Misconduct(Sexual $1,000,000/$2,000,000 $1,000,000/$2,000,000 TBD TBD N/A TBD
Abuse/Molestation)may be required
for contractors working directly one-on-
one with children and elderly or in
overnight sheltering capacities.
Cyber Liability may be required for $1,000,000/$2,000,000 TBD TBD TBD N/A
contractors having access to personal
identifying information,and/or
computer networks.
Environmental/Pollution Liability N/A $1,000,000 $1,000,000+* $1,000,000+* N/A N/A
required if demolition,use of
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Orange County Minimum Insurance Coverage Requirements
Note: An Exception or Waiver of Minimum Coverage may only be granted at the discretion and approval of Risk Management based on assessment of risk posed to the county.
hazardous material or environmentally
sensitive
Fidelity Bond(loss of money or other TBD Amount depends on exposure TBD TBD N/A N/A
property due to dishonest acts).Only to loss
for contracts such as Banking,Janitorial,
Fundraising,TPA's and similar,ETA
Other Coverage As required TBD TBD TBD TBD N/A N/A
Bid,Performance&Payment Bonds TBD TBD TBD TBD N/A N/A
*A combination of Umbrella/Excess and primary limit may be used to provide coverage for the amount shown.
**Workers'Compensation is required if the contractor/vendor has employees.Owner Waiver is acceptable for a Sole Proprietor.
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Appendix 4
Affadavit
Non - Discrimination Certificate, and
Non - Disclosure Ordinance
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STATE OF NORTH CAROLINA
AFFIDAVIT
ORANGE COUNTY
**************************
I, (the individual attesting below), being duly authorized by and on behalf of
(the entity bidding on project hereinafter"Employer") after first being duly
sworn hereby swears or affirms as follows:
1. Employer understands that E-Verify is the federal E-Verify program operated by the United States
Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify
the work authorization of newly hired employees pursuant to federal law in accordance with NCGS §64-25(5).
2. Employer understands that Employers Must Use E-Verify. Each employer, after hiring an employee to work
in the United States, shall verify the work authorization of the employee through E-Verify in accordance with
NCGS§64-26(a).
3. Employer is a person, business entity, or other organization that transacts business in this State and that
employs 25 or more employees in this State. (mark Yes or No)
a. YES or
b. NO
4. Employer's subcontractors comply with E-Verify, and if Employer is the winning bidder on this project
Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer.
This day of , 20_.
Signature of Affiant
Print or Type Name:
State of North Carolina, County
D
Signed and sworn to (or affirmed) before me,this the X
0
day of , 20_.
My Commission Expires: o
v
V)
co
Notary Public
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Section I: General Government and Administration
Policy 10.0: Living Wage Contractor Policy
Reviewed by: County Attorney/County Manager
Approved by: County Manager
Original Effective Date: July 1, 2017
Revisions:
Policy Statement
It is the policy of Orange County to ensure its employees,and all individuals who provide services for Orange
County, are paid a living wage.
Purpose
To encourage all vendors and contractors to pay a living wage to all employees who perform work pursuant to a
contract with Orange County.
Applicability
Applies to all Orange County contracts and purchases.
Policy
10.1 Living Wage
10.1.1 Orange County is committed to providing its employees with a living wage and encourages all
contractors and vendors doing business with Orange County to pursue the same goal. Orange County's
living wage is $14.95 per hour. To the extent possible,Orange County recommends that contractors
and vendors seeking to do business with Orange County provide a living wage to their employees.
10.1.2 Prior to final execution of a contract with Orange County all contractors and vendors seeking to
do business with Orange County shall submit to the County's representative a statement indicating
whether those employees who will perform work on the Orange County contract are paid at least the
living wage amount set out above. If such employees do not make at least the living wage amount set
out above the contractor or vendor shall indicate in the statement the actual amount paid to such
employees. For bid projects this statement should be submitted as part of the bid packet.
This policy may be reviewed annually and updated as needed by the Manager's Office
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ORANGE COUNTY NONDISCRIMINATION CERTIFICATION
The undersigned bidder or proposer hereby certifies and agrees that the following
information is correct:
1. In preparing its enclosed bid or proposal, the undersigned bidder or proposer has
considered all bids and proposals submitted from qualified, potential subcontractors and
suppliers, and has not engaged in discrimination as defined in Section 12-52 of the
Orange County Non-discrimination Ordinance.
2. Without limiting any other remedies that Orange County may have for a false
certification, it is understood and agreed that, if this certification is false, such false
certification will constitute grounds for Orange County to reject the bid or proposal
submitted with this certification, and terminate any contract awarded based on such bid
or proposal. It shall also subject the bidder or proposer to disqualification from
participating in county contracts or bid processes for up to two years.
3. As a condition of contracting with Orange County, the undersigned bidder or
proposer agrees to promptly provide to Orange County all information and
documentation that may be requested by Orange County from time to time regarding
the solicitation and selection of suppliers and subcontractors in connection with this
solicitation process. Failure to maintain or failure to provide such information constitutes
grounds for Orange County to reject the bid or proposal and to terminate, without
penalty to Orange County, any contract awarded on such bid or proposal. All such
information and documentation shall be maintained for a period of three years after the
expiration of the contract.
4. As part of its bid or proposal, the undersigned bidder or proposer shall provide to
Orange County a list of all instances within the past ten years where a complaint was
filed or pending against bidder or proposer in a legal or administrative proceeding
alleging that bidder or proposer discriminated against its subcontractors, vendors,
suppliers, or commercial customers, and a description of the status or resolution of that
complaint, including any remedial action taken.
5. As a condition of submitting a bid or proposal to Orange County the undersigned
bidder or proposer agrees to comply with the Orange County Non-discrimination
Ordinance. Falsification of this certification shall constitute a violation of the Orange
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County Non-Discrimination Ordinance and shall be grounds for rejection of the bid or
proposal or termination of an existing contract, without fault or further obligation to
Orange County.
6. As a condition of submitting a bid or proposal to Orange County the undersigned
bidder or proposer agrees that Orange County may consider the information submitted
as part of this certification in its determination of the responsibility of the undersigned
bidder or proposer. The undersigned bidder or proposer, as the case may be, waives
the right to challenge the rejection of a bid or proposal when such rejection is based, in
its entirety, on information submitted as part of this certification.
The bidder or proposer certifies the undersigned has full authority to sign on its behalf.
By:
Printed Name and Title
On behalf of
Company or Corporate name
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Chapter 12 Civil Rights.
Sections 12-23 — 42-49 Reserved.
AN ORDINANCE PROHIBITING DISCRIMINATION THROUGHOUT ORANGE
COUNTY
Sec. 12-50. - Title.
This Ordinance shall be known and may be cited as the Orange County Non-Discrimination
Ordinance.
See. 12-51.—Policy and Severability.
(a) It is the policy of Orange County not to enter into a contract with any business, company,
or firm that has discriminated in the solicitation, selection, hiring or treatment of vendors,
suppliers, subcontractors or commercial customers against a Protected Class, or on the basis
of any otherwise unlawful use of individual or personal characteristics regarding such
vendor's, suppliers, commercial customers, employees, or owners in connection with a
county contract or solicitation; provided that nothing in this non-discrimination policy shall
prohibit or limit otherwise lawful efforts to remedy the effects of discrimination that has
occurred or is occurring in the marketplace.
1. It is the policy of Orange County that every Orange County created contract and
subcontract for goods or services shall contain a non-discrimination clause that prohibits
discrimination as that term is defined herein.
(b) It is further the policy of Orange County that discrimination has no place in Orange County,
North Carolina and it is the intent of this ordinance to provide uniform legal protection to
individuals in all Protected Classes, making it unlawful for any person to discriminate in
housing,public accommodations, and transportation.
(c) Should any provision of this Ordinance be found to be unconstitutional by a court of law such
provision shall be severed from the remainder of the Ordinance and such action shall not affect
the enforceability of the remaining provisions of the Ordinance.
Sec. 12-52. - Definitions.
(a) Discrimination means any disadvantage, difference, or distinction in the solicitation,
selection, hiring, service to, or treatment of a vendor, supplier, subcontractor, or customer
on the basis of Protected Class status or on the basis of any otherwise unlawful use of personal
or individual characteristics.
(b) Housing and public accommodations have the same common meaning as those terms are
defined in the Orange County Civil Rights Ordinance.
(c) Person means any individual, business, or company, regardless of organizational structure,
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
providing for profit goods, facilities, services, accommodations, transportation, or access to
the general public.
(d) Protected Class means age (as defined in the Orange County Civil Rights Ordinance), race,
ethnicity,color,national origin,religion,creed,sex,sexual orientation,gender,gender identity,
gender expression, marital status, familial status, source of income, disability, political
affiliation, veteran status, disabled veteran status.
(e) Public Accommodation has the same meaning as that term is defined in the Orange County
Civil Rights Ordinance except that for purposes of this Ordinance Public Accommodation
includes:
1. Transportation companies and transportation providers operating company-owned or
privately-owned vehicles providing transportation to the general public; and
2. Private residences providing short-term rentals to members of the general public. A
short-term rental means the provision of a room, space, or residential unit that is
suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a
period of fewer than 30 consecutive days, in exchange for a charge for the occupancy.
Sec. 12-53. - Contractor bid requirements.
(a) All requests for bids or proposals issued for county contracts shall include a certification to
be completed by the bidder or proposer in substantially the following form:
The undersigned bidder or proposer hereby certifies and agrees that the following
information is correct:
1. In preparing its enclosed bid or proposal, the bidder or proposer has considered all
bids and proposals submitted from qualified, potential subcontractors and suppliers,
and has not engaged in discrimination as defined in Section 12-52 of the Orange
County Non-discrimination Ordinance.
2. Without limiting any other remedies that Orange County may have for a false
certification, it is understood and agreed that, if this certification is false, such false
certification will constitute grounds for Orange County to reject the bid or proposal
submitted with this certification, and terminate any contract awarded based on such
bid or proposal. It shall also subject the bidder or proposer to disqualification from
participating in county contracts or bid processes for up to two years.
3. As a condition of contracting with Orange County, the bidder or proposer agrees to
promptly provide to Orange County all information and documentation that may
be requested by Orange County from time to time regarding the solicitation and
selection of suppliers and subcontractors in connection with this solicitation
process. Failure to maintain or failure to provide such information constitutes
grounds for Orange County to reject the bid or proposal and to terminate, without
penalty to Orange County, any contract awarded on such bid or proposal. All
such information and documentation shall be maintained for a period of three years
after the expiration of the contract.
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
4. As part of its bid or proposal, the bidder or proposer shall provide to Orange County
a list of all instances within the past ten years where a complaint was filed or
pending against bidder or proposer in a legal or administrative proceeding
alleging that bidder or proposer discriminated against its subcontractors, vendors,
suppliers, or commercial customers, and a description of the status or resolution
of that complaint, including any remedial action taken.
5. As a condition of submitting a bid or proposal to O r a n g e County the bidder or
proposer agrees to comply with the Orange County Non-discrimination Ordinance.
Falsification of this certification shall constitute a violation of the Orange County
Non-Discrimination Ordinance and shall be grounds for rejection of the bid or
proposal or termination, without fault to Orange County, of a contract.
6. As a condition of submitting a bid or proposal to Orange County the bidder or
proposer agrees that Orange County may consider the information submitted as part
of this certification in its determination of the responsibility of the bidder or
proposer. The bidder or proposer, as the case may be, waives the right to challenge
the rejection of a bid or proposal when such rejection is based, in its entirety, on
information contained in this certification.
Sec. 12-54. -Prohibited acts.
(a) It shall be unlawful for any person to deny any person the full and equal enjoyment of the
goods, services, facilities, privileges, advantages, and accommodations of a place of public
accommodation on the basis of Protected Class status or on the basis of any otherwise
unlawful use of individual or personal characteristics.
(b) It shall be unlawful for any person to make, print, circulate, post, mail or otherwise cause to
be published a statement, advertisement, or sign which indicates that the full and equal
enjoyment of the transportation, access, goods, services, facilities, privileges, advantages,
and accommodations of a place of public accommodation will be refused, withheld from,
or denied any person on the basis of Protected Class status or on the basis of any otherwise
unlawful use of individual or personal characteristics, or that any person's patronage of or
presence at a place of public accommodation is objectionable, unwelcome, unacceptable,
or undesirable on the basis of Protected Class status or on the basis of any otherwise
unlawful use of individual or personal characteristics; provided, however, this section does
not apply to a private club or other establishment not, in fact, open to the public.
(c) It shall be unlawful for any person to intentionally or knowingly:
I. Perform or attempt to perform any act which directly or indirectly results in an
individual's bodily injury or property damage where such act is directed at an individual
or a group of individuals because of that person's or that group's perceived or actual
Protected Class status or on the basis of any otherwise unlawful use of individual or
personal characteristics.
2. Solicit, encourage, compensate, assist, or conspire with another to perform or attempt to
perform any act which directly or indirectly results in an individual's bodily injury or
property damage where such act is directed at an individual or a group of individuals
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
because of that person's or that group's perceived or actual Protected Class status or on
the basis of any otherwise unlawful use of individual or personal characteristics.
(d) No person shall be found to have violated this Ordinance solely on the basis of the content of
any speech or communication used by such person.
Sec. 12-55. Exemptions.
(a) All applicable exemptions found in Section 12-11 of the Orange County Civil Rights
Ordinance related to housing shall apply to alleged violations of Section 12-54 of this
Ordinance.
Sec. 12-56. Investigation, Enforcement, and Remedy.
(a) Sections 12-16 through and including 12-21 of the Orange County Civil Rights Ordinance
shall be followed and adhered to during the investigation of any alleged violation of this
Ordinance. Any remedies available through said sections of the Orange County Civil
Rights Ordinance shall be available hereunder.
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
Appendix 5
Permits
DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
Orange County Health Department
1 131 West Margaret Lane
(919)245-2360 ORANGE COUNTY Suite 100
(919)644-3006(FAX) NORTH CAROLINA P.O. Box 8181
Hillsborough, NC 27278
Construction Authorization
PIN: 9867419070 Property Address: 3605 WALNUT GROVE CHURCH RD
Application Date: 9/16/2020 3:31:26PM HILLSBOROUGH
NC 27278
Permit Number: CA20-0304 Township: CEDAR GROVE-2
Applicant: ORANGE COUNTY SOLID WASTE Owner: ORANGE COUNTY
PO BOX 8181
HILLSBOROUGH NC 27278
Phone: 919-682-7885 Phone:
Email: bwoody@orangecountync.gov Email:
Description: SE/S SR 1101 AKA WALNUT GROVE CH Lot Size: 18.13 Acres
RD
Water Supply: Private Well IP Number: IP20-0285
Facility Type: Business/Professional IP Expiration Date: 10/06/2025
SYSTEM SPECIFICATIONS
Wasteflow: 100 GPD Accepted System Line Length(ft): 125
No.of Bedrooms: Nitrification Line Length(ft): 167 Initial System Classification: IIIb: Pump System
Septic Tank: 1,000 Nitrification Line Width(ft): 3 Repair System Classification: Illbu: Pump
(Ultra-Shallow)
Min. Pump Tank: 1,000 Max Trench Depth(in): 24 Horizontal Trench Separation(ft): 9
Other: Existing Tank may be used as a septic tank if meets capacity, 1000 gals, has baffle and Tee with filter.
COMMENTS:
1. PRESSURE MANIFOLD REQUIRED(see attached design by LSS)
2. EH General Condition-CA is issued per a NCSL 2018-114 submission by an LSS.
See attached septic field layout by licensed soil scientist.
PERMIT CONDITIONS
REFER TO THE ATTACHED SITE PLAN SHOWING THE SYSTEM AND FACILITY LOCATIONS AND OTHER SYSTEM
SPECIFICATIONS
THIS AUTHORIZATION SHALL BECOME INVALID AND/OR MAY BE REVOKED IF:
* THE INFORMATION SUBMITTED ON THE APPLICATION IS INCORRECT, FALSIFIED,OR CHANGES.
• THE SITE IS ALTERED,OR
* THE SYSTEM INSTALLATION IS NOT COMPLETED BEFORE THE EXPIRATION DATE.
THE SYSTEM SHALL BE INSTALLED IN ACCORDANCE WITH:
* ORANGE COUNTY RULES FOR WASTEWATER TREATMENT AND DISPOSAL SYSTEMS AS ADOPTED BY THE
ORANGE COUNTY BOARD OF HEATH
* ORANGE COUNTY WASTEWATER SYSTEM SPECIFICATIONS,AND OCHD POLICIES.
SYSTEMS WITH A CLASSIFICATION OF III OR HIGHER WILL REQUIRE PERIODIC INSPECTIONS BY THE O.C. HEALTH
DEPARTMENT
ISSUED: 10/23/2020 EXPIRES: 10/23/2025
John Davis
Environmental Health Specialist
PM_EG_EH_ConstructionAuthorization 2020.10
Report created:10/22/2020 6:27:45PM
Page 1 of 2
DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
Typical Setbacks Required By State and Local Rules Unless Otherwise Specified In Writing
(1) Any private water supply source,including any well or spring 50 feet
(2) Any public water suppy source 100 feet
(3) Streams classified as WS-I 100 feet
(4) Any other stream,canal,marsh,or other surface water 50 feet
(5) Any Class I or Class II reservoir 100 feet from normal pool elevation
(6) Any permanent storm water retention period 50 feet from flood pool elevation
(7) Any other lake or pond 50 feet from normal pool elevation
(8) Any building foundation or building footing 15 feet
(9) Any basement 15 feet
(10) Any property line 10 feet
(11) Top of slope of embankments or cuts of 2 feet or more vertical height 15 feet
(12) Any water line 10 feet
(13) Drainage systems:
(A) Interceptor drains,foundation drains,and storm water diversions
(1) upslope from system 10 feet
(11)sideslope from system 15 feet
(111)downslope from system 25 feet
(B) groundwater lowering ditches and devices 25 feet
(14) Any swimming pool 25 feet
(15) Any other nitrification field(except repair area) 20 feet
(16) Drip line(Outermost edge of a structure) 5 feet
Any changes to the proposed plans must be approved by the OCHD
Please do not allow any traffic,construction,excavation,utilities,material storage,or any other disturbance to take place
on the designated septic area or repair area.These activities may void your permit.
The owner is responsible for marking any property lines and corners.The Contractor is responsible for ensuring that the
well or septic system is installed in the proper location and that all setbacks are met.
The system must be installed/repaired by an Orange County Registered Septic System Contractor.
A list of Orange County Registered Septic System Contractors is available upon request.
The system installation must be inspected by OCHD at certain stages during the installation.
For systems with pumps,the Registered Septic System Contractor is responsible for insuring the proper installation of the
electrical components.An electrical permit must be obtained and a person with a valid North Carolina SP-PH Electrical
license must provide electrical service to the pump controller and alarm.
It is the resposibility of the Registered Septic System Contractor to call the OCHD to schedule the installation inspections.
The OCHD must issue an Operation Permit(indicating system approval)before the facility can be occupied,before the
Certificate of Occupancy can be issued by the Planning jurisdiction,and before permanent electrical can be released.
The Registered Septic System Contractor is responsible for backfilling the system components so that no areas are
subject to the retention or ponding of surface water.
After the installation is completed,some settling of the backfill material may take place.The system owner is responsible
for eliminating settled or sunken areas,stabilization,and final landscaping of the ground surface.
Choosing your septic system type:
When the Construction Authorization is issued for a Conventional System or an Accepted System,the Owner may choose
to substitute any Accepted System for the permitted system,provided there are no changes necessary in the specific line
locations,depths,or distribution system.
PM_EG_EH_ConstructionAuthorization 2020.10
Report created:10/16/2020 6:50:34PM
Page 2 of 2
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
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DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
Alan Clapp
Licensed Soil Scientist
389 Clapp Farms Road
Greensboro, NC 27405
Phone:336-202-6808 _ alanclappOftmail-tom
Sallfaite$valuations-Septic Systems Layout and Design-Storm Water Assessment-Preliminary Evaluations
April 9, 2020
C. Tyrus Clayton, Jr., PE
Draper Aden Associates
114 Edinburgh South Drive, Suite 200
Cary, NC 27511
RE, Orange County Solid Waste Convenience Center
3605 Walnut Grove Church Road
PIN: 9867419070— 18.13 Acres
Orange County,NC
Mr, Clayton:
On April 9, 2020, the property referenced above in northern Orange County on Walnut
Grove Church Road was evaluated to facilitate permitting for a septic system. The
property is currently served by a NC DEQ Pump and i Iaul permit. The property must
have a new wastewater system in place by February 2021. This report and attached
documents were prepared to meet the requirements for a Licensed Soil Scientist
evaluation to meet SL 2.0118-114 Section 11 (c) requirements. Soil borings were made
and examined to determine soil suitability for on-site sewage disposal systerns in
accordance with 15A 18A .1900 Rules for Sewage Treatment and Disposal Systems.
These borings were made using a hand auger. The property was traversed and numerous
borings were made in.a transect type sampling pattern to perform the soil/site evaluation.
An existing site map was provided by Draper Aden Associates and Orange County Solid
Waste. The facility location is already in place with property boundary staked by Draper
Aden Associates of Cary, NC. A septic layout was perFormed to demonstrate available
space(.1945). The soil boring locations and layout will be noted on the surveyed site
plan, The soil.profile descriptions and locations along with the septic layout drawing will
be located on attached plans. Under state regulations, sites for subsurface sewage
disposal systems (septic tank systems} are evaluated for landscape position and
topography, soil characteristics (structure, mineralogy and texture), soil depth, soil
wetness, restrictive horizons, and available space. This property is in the geologic area of
the Carolina Slate belt with mafic and felsic parent matc6als on the tract.
Typical Septic System ttsed in Piedmont of NC:
The most common septic systems used in the North Carolina Piedmont are listed with the
Project# 320059
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
corresponding mininiurn usable soil depth required and any trench length reduction if
allowed noted in parentheses; conventional (30"), shallow conventional systems (24"
with soil cap), ch.arnber systems (24"with soil cap and 25%drain field reduction),
polystyrene systcrns (24" with soil cap and 25% drain field reduction), vertical panel
block systems (requires at least 34"of usable soil and allows 50% drain field reduction),
horizontal panel block systems (requires 26"of usable soil depth and allows 50% drain
field reduc(ion), large diameter pipe(24"), low pressure pipe (24"), tow profile chamber
(20"), low pressure fill (18") and drip irrigation (18"). A pump can be used to deliver
effluent to the usable soil area if gravity flow cannot be achieved. Also, a pump is
required on any system with over 750' of drain field. The percent reduction means the
amount of drain field trench length reduction for that product as compared to
conventional trenches. Certain models of chamber systems and polystyrene buildle
systems are considered accepted trench products. Accepted trench products can be
substituted in lieu of conventional gravel trenches.
Septic System Setbacks:
The following setbacks must be taken into consideration in identifying a septic system
area for flows less than 3000 gallons per day. Verify if any Grange County additional
setbacks will apply.
Private Water Supply Source: wells or springs: 100'
Private Water Supply Source with site-planning considerations, 50'
Public Water Supply Source; 100,
WS-1 Streams: 100,
SA Coastal waters: 100,
Other coastal waters: 50'
Other streams, canals, marshes or surface waters: 50'
Class I and CI reservoirs: 100'
Permanent Storm Water retention ponds: 50'
Building foundation: 5'
Basement: 15'
Property line: 10'
Embankments or vertical cuts> 2' deep: 15'
Any water line: 10,
Drains:
Interceptor, Foundation, and stoma
Upslope: 10'
Side slope: 15,
Down slope: 25'
Groundwater lowering ditches: 25'
Swimining pool: 15'
Any other nitrification field; 20'
(from I5.A NCAC 18A .a950 Location of Sanitary Sewage Systems)
Project#F 320059
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
SL 2018-114 (c) Conditions and Site Features:
The information below is provided to Facilitate the IPICA issuance. The water supply is
proposed to rise thO existing well. One additional feature I would recommend is to
construct protective fencing around the soil area and septic layout. The perimeter of
the septic layOLIt is marked with double wire flags denoting septic lines. Due to the
limited area of usable soil and layout, there is no room for error if portion of the of the
field or repair is destroyed during construction. No grading, filling, storage, compaction
or disturbance should be allowed over the soil/septic area.
3 605 Walnut Grove Church Road
PIN: 9867419070— I K13 Acres
Design Flow:4 employces x 25 gpolerriployee= 100 gpd
LTAR: .2 gpd/W
Trench Bottom Square Foata a Required-, 100 gpol.2 gpo1ft2= 500 ft'
Drainfield Requirement: 500 ft.'13 ft bench= 167 ft.
System and Repair Re uirement:
Conventional trench: 334' (167' +167')
Usable Soil Depth (initial):38" (Based on borings A, B and D in usable sail area)
System Type: Conventional Trench for initial with pump delivery. (lllb)
Usable Soil Depth Re air : 28" (Based on borings B, C, E and F in usable sail area)
System Type: Conventional Trench for repair with imported sail cap and pump delivery. (Illbu)
System Distribution: Initial system with Pressure Manifold.
Septic Layout:
Line Color Length' EIM Initial Repair
1 White 64' 5' i1" 64'
2 Blue 65' 6' 4" 65'
3 Orange 66' 6' 8.5" 66,
4 Purple 68' T 1.5" 68,
5 Lime 71' 7' 11" 71'
6 White 72' 8' 5.5" 1 2'
Total: 406' 1 195, 311'
1. Amount of line length meets available space requirements(.1945)
2. Lines laid out 9' on center at minimum
3. Senchmarlc Elevation: Top of EIP @ property corner adjacent to layout: 5' 4"
4. Line lengths measured with Ralatape measuring wheel
5. Line ends are double flagged.
6. Usable soil depths are slope corrected.
Project # 320059
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
Initial System Specifications:
Line Color Layout Needed
Length length
1 White 64' 55'
2 Blue 65' 55,
3 orange 66' 57'
Total. 195' 167'
Dosing Volume;
66-75%of pipe volume
167' of pipe x 65.3 gal/100'- 109 gallons
66%: 109 x .66= 73 gallons
75%: 109 x .75= 82 gallons
Pressure Manifold Tap Requirements:
Line Tap Dia. Tap Sch. Tap Flaw' Line Length Flow/Foot
1 Vol $o 10.1 55, .18
2 4 so 10.1 55' .18
3 J" $0 10.1 57' .19
Total: 1 30.3 167'
1. Tap Flows @ 2' Pressure Head
2. Pump shall be sized to deliver 33 gpm @ TDH determined by pump and manifold
elevation and location and allows for vent hole flow loss.
Notes:
1. Septic system is to serve only the employees (4) of the facility
2. No public restrooms
3. Facility Hours of operation:
a. Monday,Tuesday,Thursday, Friday 7 am—6 pm
b. Saturday 7 am—5 pm
c. Sunday 1 pm—6 pm
d. Wednesday closed
4. Domestic wastewater only
5. The septic field is remote to the facility location.
6. Soil series; Herndon
7. A thin layer of red clay fill was found to be existing over the usable soil area with 3-17"
at varying depths
S. Soil area lies in cow pasture adjacent to Freeland property
9. Recommend fencing off drainfield area from livestock
10. System is to replace current pump and Haul system used at facility
11. Existing well serves as water supply for facility
Project# 320059
DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
Pressure Manifold—Typical End View
Lid
3"Slip-on Cap
Drilled Oversize
(Not Glued)
Grant
o
Manifold
Observation Pott
Drain Plug
Base for Manifold Threaded Tali FPVC' Turn Ball Valve Level Stable Base
(gravel)
Project 4 320059
DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
PVC Union
Electrioal Conduit
Audible/Visible Duct Sealant at Both Ends PVC Bali Valve
External Alarm I I draulic Cement Seal to
Y Non-Corrosive cable/rope
Riscr
Control Panel Electrical from puml]
NEMA 4X 6"+Above Finish Grade
Enclosure Sloped Away
12"+Above
Grade Mastic+.Hydraulic Ceinent
Two Separate
Flexible Boot
Circuits [Recommended)
[Recommended)
Floats 2"PVC Discharge Pipe
PVC Check Valve
PVC Float Support Sleeve
3116"Vent Hole
All SIS Clairtps
Sewage Effluent Pump
(Sued to meet GPM c@ TDU
design specifications)
Stablel4"Gravel Base
- - 4"block
• Ott
TYPICAL PUMP TANK DETAIL
SPECIFICATIONS
Not to Scale
> The Alarm shall be located adkacunt to the pump tank and approved for outdoor locations(NUMA 4X or equal)
A The circuit serving the alarm shall be on n separate Circuit from the pump
The controi panel enclosure shall be mounted at least 3-S'above grade on a durable,sturdy,non-corrosive post such as a prasSurc
treated 4X4
9 The floats shall be supported using non-corrosive materials separate from the discharge pipe. The float wire pivot points shall be
secured with durable straps such as all stainless-steel clamps or equivalent. The floats should be strapped to a 2"removable PVC
pipe sleeve located over a smaller diameter weighted standpipe. '1'hc floats shall bo adjustable and replaceable without cnteaing
the tank or removing the pump. The pump off level shall be set to keep the pump submerged.
i' Pipe pettetrations shall be through approved flexible boots or sleeves. The riser and conduit shall be sealed to the tank with pliable
mastic followed by a troweled coat of hydraulic cement.
> All piping shall be Schedule 40 minimum PVC. All fillings shall be PVC pressure fittings labeled NSF-PW. Valves and unions
shall be located wilhin 18"of the riser cover and should be Schedule 80 or equal.
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
'.11he alarm circuit shall be supplied ahead of the pump circuit overload device(on a separate
Circuit), The alai-in shall.be provided with a test button-which activates both the light and hotri. In
the event of a high-water condition,activation of a"silence" switch will bypass the horn and
leave the visital alarm on. Any recurrence of the high-water condition will automatically
reactivate the horn and light. Alarin panels that are mounted indoors n?ay be used lar addiftai to,
bast ►aot instead of'tlae exterior alarm panel.
PUMP CONTROLS (FLOATS) Electrical control floats or similar devices designed for detecting
effluent levels shall be provided to activate and deactivate the pump, The purnp-off elevation
shall be set to keep the pump submerged at all times. A separate float to activate the high-water
alarm shall be set to activate within G inches of the pump-on elevation. Underwriter's Laboratory
or an equivalent third Marty electrical shall list the level sensing devices testing and listing agency.
The floats shall be supported utilizing durable, corrosion resistant material, and shall be
adjustable,removable, and replaceable without requiring dewatering,entrance into the tank, or
pump removal. An acceptable method would be to provide a PVC vertical weighted pipe with
the float cables secured at the proper elevation using"all stainless steel" clamps at the float
pivot points. Came must be taken to ensure that the shraay)edge of the clamp does not bear oar the
10re insidaation. Plastic tie-warps alone, or strappingfloaats to the discha,ge pipe are not
acceptable.
CONDUCTORS (WIRES) shall be conveyed to the disconnect enclosure through watcrpreof,
gasproof,and corrosion-resistant conduits. Wirc grips, duct seal, or other suitable.material shall
be used to seal around wire and wire conduit openings. 'There shall be no splices within the pump
tank or tank access risen.
When necessary OF specified, the tanks and control panel shall he protected from vehicular traffic
by constructing guardrail or bollards.
GENERAL DRAINFIEL,D RE UIREMENTS AND BEST CONSTRUCTION
PRACTICES
1. Any clearing or preparation of the nitrification field shall be done without removal,
disturbance,or compaction of soil. The contractor shall establish and stake the contour lines of
the drainfield area before the installation and before the preconstilaction conference, when
required. 'free or sediment protective fencing shall be installed around septic area to
elitttinate construction traffic and soil compaction on se rtic -area.
2. The drainfield lines shall be installed shallow, and an contour, Drainfield trenches shall be
installed level and shall follow the ground contours. An engineer's level or laser shall be used in
staking and constructing the lines, Trench depth shall not exceed the maximum specified on the
Construction Authorization,unless otherwise specified, (i.e. ultra-sliallow systems). Trench
installation specifications from product manufactuters shall be followed.
3. No construction or backfilling shall be done when soil conditions are wet enough to cause a
smearing or compaction of the soil in the drainfield or repair area.
4. The pipe between the septic, tank and drainfield, or between the septic tank:and pump tank
shall be a minimum of 3" schedule 40 PVC or equivalent, with a minimum fall of 118" per foot.
All joints horn the septic tank to the drainfield shall be watertight, The pipe shall be on a firm,
Project#320059
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
stable surface and secured. There shall be a?' dam of undisturbed earth before a gravel trench
begins. All other trench types per Manufacturer. The pipe shall then be inserted at least 2' into
the corrugated pipe. A clearroat to the ground surface shall be located at the end of the gravity
pipe(the beginning of the draintield)when the drainfie.ld is over 50' from the tank.
5. The trench bottoms shall he smoothed and level with loose soil removed.
6. When necessary to change to a new contoCrr, a stela-dawn shall be constructed of a 2'
undisturbed earth dam,which is raised to an elevation equal to ilte upstream gravel surface.
However, precautions shall be taken to prevent raising the level of the effluent in the tank.
Schedule 40 pipe(Y minimum)shall be used in crossing dams. Fittings will be needed to Make
the lurnS. The rigid pipe shall extend at least 2 feet into the level portion of the corrugated pipe.
Area taken up by darns and step-downs shall not count as part of the footage required.
7. The soil cover over the drainfi.eld shall be to a depth of at least 6". Boulders should be
removed from the backfill material to prevent damage to the pipe. The finished grade shall be
smoothed to prevent ponding of surface water over the drainfield. Surface water from upslope,
including foundation and gutter drains, shall be elTectivciy diverted away.
8. A vegetative cover of grass over the drainfield shall be established after final grading to
prevent erosion.
Installation and Testing Recommendations:
I, A pre-construction conference is recommended to be attended by the i nstallcr and hCalth
department.prior to begimling construction of the system.
2. For Accepted treneb products use manufacturer's specifications. Tnstalfcr should be
certified by manufacturer.
3. The septic tank, dosing tank, risers and pipe penetrations sl}all be demonstrated to be
watertight by a 24-hour leak test(no measurable leakage in 24 hours). The test shall be
run with riser's inlet/outlet pipes installed.
4. Care shall be taken during installation to prevent extraneous debris from entering tanks,
Supply lines or distribution network. Supply lines and manifold shall be flushed prior to
system start-up.
5. A pump delivery rate shall be measured and the floats adjusted according to the measured
delivery rate to achieve the design flow at design head. All other mechanical
components, punrrp(s),pump cycling, filters,etc.,as applicable must be dernonstrated to
be fully operable in accordance with their design.
6. Install water line,electrical lines and other buried utilities around septic and repair areas.
7. Keel repair areas flee of patking and any i.uture construction. Maintain grass cover over
drainheld and repair areas to stabilize soil from eroding.
8. Proposed Septic Tank,Pump Tank and Pressure Manifold locations are at the discretion
of the Health Department at time of the prec:otlstruction conference.
9. Call NC 811 to mark any utilities prior to digging.
Project# 320059
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
2" supply rorce Main
Regulating Cate Valve
Union
— Straps to secure Manifold to VauII
4" Manifold Sch. 80 PVC
Threaded Tap
3" Gravity Supply Pipes to lines
1/8"per foot miIiimum grade with cleanout
Manifold Detail Specifications:
Manifold and Manifold Vault shall be
Line 1 installed on a stable gravel base. The
vault shall be easily drainable, protected
frorn freezing and provided with a lid.
G„ OC�r�tn Taps shall be located level and G"on
Lin 2 center. The manifold shall be Sch. 80
PVC. All other pipes and fittings shall be
Sch.40 pressure rated (PW).
Line 3 ❑
Force Main (Supply): 2" Sch. 40
Manifold Size: 4"Sch. 80
Tap Size: '/,"Sch. 80
Number of Taps: 3
Nitrification Line Length: varies see
Tap Sheet Requirements for each
length
`Ensure A-Turn Ball Valves are sized to
allow full tap flow to gravity supply pipe
without restricting flow. May require next
size larger valve than tap,
Turn Ball Valves*(%",'/4"or l"Sell. 80)
Pressure Manifold Vault with Lid
Turn-up w/cap (pressure rated)
(Pressure Head Check)
l"Drain Hole with plug
Project A 320059
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
Conclusions•
In North Carolina, two primary options for septic system permitting exist. In the
traditional option, the local county health department can evaluate and permit any site, A
new version for the traditional permit is now allowed by NC Session Law 2018-1 14. In
this version, a NC Licensed Soil Scientist can evaluate a lot and submit soil information
on each lot to the Health Department in lieu of the Hulth Department evaluation. In the
traditional permitting model, the county in the form of an Improvement Permit grants site
approval. An Authorization to Construct a Wastewater System is issued once building
Floor plans are:reviewed and the Improvement Permit is issued. The county issues an
Operation Permit after the system has been installed to meet the specifications of the
Authorization to Constrict. Septic layouts and system design can be performed as
needed. The totally private permitting option is the Engineer Option Permit(EOP). A
NC Licensed Engineer, a NC Licensed Soil Scientist and a NC Registered Septic Installer
can evaluate, design and install a septic system without Health Department involvement
other than record keeping.
The attacked soil map and septic layout maps are based on soil boring, property iron and
flag locations collected using an EOS Arrow 100 GPS and iCMTGIS Pro app and then
Overlain over the Change County tax parcel layer, topography (contours), hydrology and
aerial imagery layer in PCGIS X software, A one inch to 1.25'scale version of the maps
will be provided. The map is scaled to print on I V x 17" (Tabloid) paper• in Landscape
format. The GPS locations can be accurate to submeter but should not be considered as
accurate as survey located points and property lines. Property corners where found were
collected and are slated on the soils map.
Site Recommendations:
1. Construct protective 'Fencing around the soil area and septic layout to protect front
grading, compaction, livestock and construction traffic.
2. Contact NC:' S 11 prior to any digging
This LSS Evaluation is being submitted pursuant to and meets the requirements of
SL 2018-1.14 Section 11. (c).
Please reel free to contact ine if you have any further questions.
Alan Clapp
NC Licensed Soil Scientist 41058
NCB registered Environmental Ilealth Specialist#1 1 18
NC Subsurface Wastewater Operator#1009092
Project# 320059
DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
Sail Map far, N
Orange County Sal id Wa5te w E
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04-09-2020
DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
Subic L agout Map for: H
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DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
Site Assessment for PIN:9667-41-9070 band Disturbance Thresholds:
Site pale: 1)Erosion Control AppllcationlPerrnit required if disturbing more than
Zoning:Agricultural Residential(AR) 20,000 sq,ft for residential and non-residential development;and
Acreage:18.13 acres total 2)StomlwaterApplloatlonlPermlt required if disturbing more Than
Overlay Distdots:Little River Protooted Watershed 12.000 sq.ft.for non-maldenllal development.
Legal Description: SETS SR 1101 AKA WALNUT GROVE CH RD
Plat:P0101 PG85 "Call OC Erosion Control at(919)245-2506 for m are information'"
Deed:DS 4209 PG365 Notes-
Zoning Requirements(Residential): 1)Private Road Justifications,Recorded oeclaratlons,Restrictive
Max.Density:One dwelling unit per 2 acres Covenants,Bona Fide Farm status,use and bullding type(e.g.duplex
Min-Lot size:40,000 sq.It. units)will change aubdivlsion and development requifernenls.
Min-Ict width: 150' 2)Wetlands data is taken from Classification of Wetlands and
Maximum helght:25' Deep water Habitats of the United States U.S.Department of the
Floor Area Ratio(FAR):.00 Interior,Fish and Wildlife Servios and does not constitute a formal
Required min.Open Space Ratio:,84 delineation(i•e.survey)of the property.All wetlands areas are
Building Setbeoks: approxlmato.
Front(rain publiclprivate rights-0-way:40' 3)Flood boundaries are subject to change based on periodic
SidelRear setbacks from property lines:20' amendments to flood maps.Determination is based on current,best
Impervious Surface Ratio(ISR)Limit:50%ISR for Solid Waste available data.
Collection Centers(394,871 sq.ft.max).based on total 18A 3 acres. 4)This does not constitute a formal land survey,
Environmental Features;
Slreams=ater Bodies:Yes pond(mapped)and streams both with 6%
side slopes and 65'wide buffers(Method A).
Wetlands:Nana mapped. Date Site Assessment Completed:145EP2020 by PRM
Flood Info:
panel rf:9867J
Base Flood Elevation(BFE):N/A
BFE with 2'County Freeboard;NIA
Min.FIFE above BFE:N/A,
r R r
1 f
Upper Eno Son:flea ` r`
watershed � r' ,•' sou,tae�
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Po BDX 8181
HILLSB4ROUGH,NC 27276
—Road Easement —USGS Stream (]Parcels ('=FIRM
Water Body Buffer 65fl —$0ll$Survey Stream Streets ®Watershed GNeshovmonMiameplfODlHhiAflomoianpeCouny
GIs and la fei rehron-only, 1 Inch•740 oil
Stream Buff or65ft m OC Updated Stream QZaning Ere4flw.uoneudhbundideelh4>rldb■WOW.
Mop proposed by orange Counly PlenAing A hepeennnii, 4 78 160
2'Conloura(NCUOT)0 Wolof Body dgruno2o.pmarer �oPee1
DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
Draper Aden Associates
Lrrgiln rrrrg • Sr+r rrllt! •Errlfrirrrrnc.rrlrr!Frillces
114 Edinburgh Sou111 Drive
Suitc 200
Cnry, No►0i Carolia;i 275l1
9I 9.927.(IN64
%v1VW.CI.1e1.00l11
August 25, 2020
Orange County Environmental Health
PO BOX 8181
131 W Margaret Lane
I-lillsborough, NC 27278
RE: Walnut Grove Waste and Recycling
Septic Application
Draper Aden Associates Project No.R00592-225N2
To Whom It May Concern:
The Licensed Soil Scientist (LS5) Evaluation attached to this application is to be used to produce design
and construction features for permitting in accordance with SL 2018-114 Section 11.(c).
Sincerely,
Draper Aden Associates
b
C.Tyrus Clayton,Jr., PE
Regional Growth Leader I Principal
Attachment: Permit Application l c0P'-e5
LSS Evaluation — April 9, 2020 - op-e5
cc: Bruce Woody (Orange County Solid Waste)
131crc1�.slr�rr;lr •Charlewe,sl•ille *A•lcroru.►sas •Nerlporl Nvu r- •Richmond* 1"rrqhiiri lkac'It
FnYc uoville* kfdelgh
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
f
1
i
Orange County Health Department
i
131 West Margaret Lane
(919)245-2360 ORANGE COUNTY Suite 100
(919)644-3006(FAX) NORTT I CAROT,TNA P.O. Box 8181
Hillsborough, NIC 27278
t
I
IMPROVEMENT PERMIT
PIN: 9867419070 Property Address: 3605 WALNUT GROVE CHURCH RD
Application Date: 9/16/2020 3:31:32PM HILLSBOROUGH
NC 27278
Permit Number: IP20-0285 Township: CEDAR GROVE-2
Applicant: ORANGE COUNTY SOLID WASTE Owner: ORANGE COUNTY
PO BOX 8181
HILLSBOROUGH NC 27278
Phone: 919-682-7885 Phone:
Email: bwoody@orangecountync.gov Email:
Description: SE/S SR 1101 AKA WALNUT GROVE CH Lot Size: 18.13 Acres
RD
Water Supply: Private Well
Facility Type: Office for OC Solid Waste site
Initial System Replacement System
Wasteflow: 100 GPD System Classification: Illb: Pump System System Classification: Illbu: Pump
(Ultra-Shallow)
No.of Bedrooms: Useable Soil Depth: 38 Useable Soil Depth: 28
Site Classification LTAR: 0.200 gpd/ft2 LTAR: 0.200 gpd/ft2
Provisionally suitable
Conditions:
1. Permit for office for Orange County Solid Waste disposal site,with 4 employees/shift.
2. Permit issued based on submission per NCSL 2018-114.11(c)by C.A.Clapp,LSS.
Refer to the attached site plan for specific information regarding location of the designated area. Soil and site descriptions are
located on file at Environmental Health.
There may be other types of systems which are applicable to this site.
The applicant for the Construction Authorization must specify the system types to be considered.
The permit and evaluation are valid only for the site as designated on the attached site plan.
A Construction Authorization must be issued prior to the issuance of the Building Permit and before any construction or system
installation can commence.
This permit is subject to revocation if the site plan,plat,or intended use changes or if the site is altered.
Subsequent changes to the site plan or information in the application require a new application and additional fees.
ISSUED: 10/08/2020 ��✓ EXPIRES: 10/06/2025
David Ward,Environmental Health
Specialist
NIC 811: Call Before You Dig
PM_EG_EH_ImprovementPerm1t 2020.10
Report created:10/19/2020 7:31:31PM
Page 1 of 1
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
4
Alan Clapp
Licensed Soil Scientist
389 Clapp Farms Road
Greensboro, NC 27405
Phone:336-202-6808 alanclapp630gmail.com
Soii/Site Evaluations-Septic Systems Layout and Design-Storm Water Assessment-Preliminary Evaluations
April 9, 2020
C. Tyl as Clayton, Jr., PE
Draper Aden Associates
114 Edinburgh South Drive, Suite 200
Cary, NC 27511
RE: Orange County Solid Waste Convenience Center
3605 Walnut Grove Church Road
PIN: 9867419070— 18.13 Acres
Orange County, NC
Mr. Clayton:
On April 9, 2020, the property referenced above in northern Orange County on Walnut
Grove Church Road was evaluated to facilitate permitting for a septic system. The
property is c-arrently served by a NC DEQ Pump and Haul permit. The property must
have a new wastewater system in place by February 2021. This report and attached
documents were prepared to meet the requirements for a Licensed Soil Scientist
evaluation to meet SL 2018-114 Section 11 (c) requirements. Soil borings were made
and examined to determine soil suitability for on-site sewage disposal systems in
accordance with 15A 18A .1900 Rules for Sewage Treatment and Disposal Systems.
These borings were made using a hand auger. The property was traversed and numerous
borings were made in a transect-type sampling pattern to perform the soil/site evaluation.
An existing site map was provided by Draper Aden Associates and Orange County Solid
Waste. The facility location is already in place with property boundary staked by Draper
Aden Associates of Cary, NC. A septic layout was performed to demonstrate available
space (.1945). The soil boring locations and layout will be noted on the surveyed site
plan. The soil profile descriptions and locations along with the septic layout drawing will
be located on attached plans. Under state regulations, sites for subsurface sewage
disposal systems (septic tank systems) are evaluated for landscape position and
topography, soil characteristics (structure, mineralogy and texture), soil depth, soil
wetness, restrictive horizons, and available space. This property is in the geologic area of
the Carolina Slate belt with mafic and felsic parent materials on the tract.
Typical Septic System used in Piedmont of NC:
The most common septic systems used in the North Carolina Piedmont are listed with the
Project# 320059
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
corresponding minimum usable soil depth required and any trench length reduction if
allowed noted in parentheses: conventional (30"), shallow conventional systems (24"
with soil cap), chamber systems (24"with soil cap and 25% drain field reduction),
polystyrene systems (24"with soil cap and 25% drain field reduction), vertical panel
block systems (requires at least 34" of usable soil and allows 50% drain field reduction),
horizontal panel block systems (requires 26" of usable soil depth and allows 50% drain
field reduction), large diameter pipe (24"), low pressure pipe (24"), low profile chamber
(20"), low pressure fill (18") and drip irrigation (18"). A pump can be used to deliver
effluent to the usable soil area if gravity flow cannot be achieved. Also, a pump is
required on any system with over 750' of drain field. The percent reduction means the
amount of drain field trench length reduction for that product as compared to
conventional trenches. Certain models of chamber systems and polystyrene bundle
systems are considered accepted trench products. Accepted trench products can be
substituted in lieu of conventional gravel trenches.
Septic System Setbacks:
The following setbacks must be taken into consideration in identifying a septic system
area for flows less than 3000 gallons per day. Verify if any Orange County additional
setbacks will apply.
Private Water Supply Source: wells or springs: 100,
Private Water Supply Source with site-planning considerations: 50'
Public Water Supply Source: 100,
WS-1 Streams: 100,
SA Coastal waters: 100,
Other coastal waters: 50'
Other streams, canals, marshes or surface waters: 50'
Class I and II reservoirs: 100,
Permanent Storrn Water retention ponds: 50'
Building foundation: 5'
Basement: 15'
Property line: 10,
Embankments or vertical cuts >2' deep: 15'
Any water line: 10,
Drains:
Interceptor, Foundation, and storm
Upslope: 10,
Side slope: 15'
Down slope: 25'
Groundwater lowering ditches: 25'
Swimming pool: 15'
Any other nitrification field: 20'
(from 15A NCAC 18A .1950 Location of Sanitary Sewage Systems)
Project# 320059
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
shcef
+ t
PROPERTY ID#: c1B6'IyIcIJ'
C'OU;+M': 0e.t.J6e
SOILISITE EVALUATION
for ON-SITE WASTE11"ATER SYSTEM
(Cumpletc all fizl&in iitll)
0XVI`ER. NAAJ& APPLICATION DATE
ADDRESS: '3 G o
---- DATE EVALUATIFIa; 5� o�o�PRCiPOSCD FACILITY-. Cv nMe2C/AL PROPOSED DESIGN FLOW(.1949): JOC7 n?� PROPERTY SIZE: I�, 13
LOCATION`OF SITE: SC- S1Uf D 5 t I/U �ba//it +iJ G/tyJc C/i���"�-O� PROPERTY RECORDED,1.
Pa
WATER SUPPLY: Private Public ✓1Veil _ Sprine Other �---
EVALUATION METHOD: \/r'unr Boring Pit Cut TYPE OF \t'ASTEXVr1,TER: �✓Se���¢� Industrial Process t49ixec1
Boring# A H C D E F G H
Landscape pos (.1949) >2 L,
Slope%(.1940) s S S 5
H1_depth (.1943) 3 a- /6 0� l2 o- t7 O- rr7
H1_texture(.1941) cc LlLL f-)4-(. ��� ��
t �L
HI consistence (.1941) k AV Sic) Rtr� 51e1 �� SPcf R� 52c1/2� t Sic) 128U s;�� � 00
C eek S t ;
H1_structure (.1941) eIRy c.
HI mineralogy(.1941)
H2_depth (.1943) 3_ /6 -02� ►�, -2Q 17-a
H2_text(.1941) 5:c1 S,c 5:c1
H2 consist(.1941) r (�
n
H2_strct(.1941) r r
H2_mind (.1941) 6Z e SL' sc. Se,
1-13_depth (.1943) (� - '�v ,2� f3 90--q c? l- - 30 4
1-13 text(.1941)
H3 consist(.1941) 1f t, 115
H3_strct(.1941) a�K: S�1; t�b sb Y bK 5bK 01�
H3_minrl(.1941) 3e S� fe
H4_depth(.1943) �
H4 text(.1941) G,
H4_consist(.1941)
H4 strct(.1941) abY
4 minri (.1941)
;oil wet(.1942)
iaprolite(.1941) �v
ar0$iie Class � �P
.TAR(.1955) ,
totes
val_hY CAC CAC CAC CAC CAC CAC CAC CAC
Val. date / lam ao .20 `f�� ��`I Lt�9�� �/�
DESCRta'8TION rNITIAL SYSTEM REPAIR SYSTEM EITHER FACTORS g.1946): .�
A�milable Spasr(.1945)
5 SITE CLASSIFICATION(.1948 : 4-
S� temT%rc{s) EVALUATED BY: 4Ad �APP L55/��HS
tJ OTHER(S)PRESENT: KIP Lrag�7 2
Site L.'1"M
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. 'i 1LN SOIL 5Gvr�U Coe2X:�-E�D _ __
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
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DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
1
SL 2018-114 (c) Conditions and Site Features:
The information below is provided to facilitate the IP/CA issuance. The water supply is
proposed to use the existing well. One additional feature I would recommend is to
construct protective fencintt around the soil area and septic layout. The perimeter of
the septic layout is marked with double wire flags denoting septic lines. Due to the
limited area of usable soil and layout, there is no room for error if a portion of the of the
field or repair is destroyed during construction. No grading, filling, storage, compaction
or disturbance should be allowed over the soil/septic area.
3605 Walnut Grove Church Road
PIN: 9867419070— 18.13 Acres
Desil4n Flow: 4 employees x 25 gpd/employee= 100 gpd
LTAR: .2 gpd/ft2
Trench Bottom Square Footal4e Required: 100 gpd/.2 gpd/ft2=500 ft2
Drainfield Requirement: 500 ft2/3 ft trench= 167 ft.
System and Repair Requirement:
Conventional trench: 334' (167' + 167')
Usable Soil Depth (Initial): 38" (Based on borings A, B and D in usable soil area)
System Type: Conventional Trench for initial with pump delivery. (Illb)
Usable Soil Depth (Repair): 28" (Based on borings B, C, E and F in usable soil area)
SVstem Type: Conventional Trench for repair with imported soil cap and pump delivery. (Illbu)
System Distribution: Initial system with Pressure Manifold.
Septic Layout:
Line Color Length' Elev. Initial Repair
1 White 64' 5' 11" 64'
2 Blue 65' 6' 4" 65'
3 Orange 66' 6' 8.5" 66'
4 Purple 68' 7' 1.5" 68'
5 Lime 71' 7' 11" 71'
6 White 1 72' 1 8' 5.5" 1 72'
Total: 1 1 406' 1 1 195' 211'
1. Amount of line length meets available space requirements (.1945)
2. Lines laid out 9' on center at minimum
3. Benchmark Elevation: Top of EIP @ property corner adjacent to layout: 5' 4"
4. Line lengths measured with Rolatape measuring wheel
5. Line ends are double flagged.
6. Usable soil depths are slope corrected.
Project# 320059
DocuSign Envelope ID:81EO5E8E-EED7-43D3-8B8A-0811OE72140A
OZOZ-60-ti0
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DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
Conclusions:
In North Carolina, two primary options for septic system permitting exist. In the
traditional option, the local county health department can evaluate and permit any site. A
new version for the traditional permit is now allowed by NC Session Law 2018-114. In
this version, a NC Licensed Soil Scientist can evaluate a lot and submit soil information
on each lot to the Health Department in lieu of the Health Department evaluation. In the
traditional permitting model, the county in the form of an Improvement Permit grants site
approval. An Authorization to Construct a Wastewater System is issued once building
floor plans are reviewed and the Improvement Permit is issued. The county issues an
Operation Permit after the system has been installed to meet the specifications of the
Authorization to Construct. Septic layouts and system design can be performed as
needed. The totally private permitting option is the Engineer Option Permit (EOP). A
NC Licensed Engineer, a NC Licensed Soil Scientist and a NC Registered Septic Installer
can evaluate, design and install a septic system without Health Department involvement
other than record keeping.
The attached soil map and septic layout maps are based on soil boring,property iron and
flag locations collected using an EOS Arrow 100 GPS and iCMTGIS Pro app and then
overlain over the Orange County tax parcel layer, topography (contours), hydrology and
aerial imagery layer in PCGIS X software. A one inch to 125'scale version of the maps
will be provided. The map is scaled to print on 11" x 17" (Tabloid) paper in Landscape
format. The GPS locations can be accurate to submeter but should not be considered as
accurate as survey located points and property lines. Property corners where found were
collected and are noted on the soils map.
Site Recommendations:
1. Construct protective fencing around the soil area and septic layout to protect from
grading, compaction, livestock and construction traffic.
2. Contact NC 811 prior to any digging
This LSS Evaluation is being submitted pursuant to and meets the requirements of
SL 2018-114 Section 11. (c).
Please feel free to contact me if you have any further questions.
04, alJo-,
Alan Clapp
NC Licensed Soil Scientist#1058
NC Registered Environmental Health Specialist#1118
NC Subsurface Wastewater Operator#1009092
Project# 320059
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
IL �
Project# 320059
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
1
F.
Orange County Environmental Health
PO Box 8181, 131 W Margaret Ln, Hillsborough, NC 27278
T e or rant le ibl .
APPLICATION FOR PERMITS
APPLICANT* Orange County Solid Waste PROPERTY OWNER* Orange County
ADDRESS* 1207 Eubanks Road ADDRESS* PO Box 8181
Chapel Hill, NC 27516 Hillsborough, NC 27278
EMAIL* bwoody@orangecountync.goy EMAIL*
DAYTIME PHONE NUMBER* 919-968-2788 DAYTIME PHONE*
SITE ADDRESS: 3605 Walnut Grove Church Road, Hillsborough, NC
DIRECTIONS/LOCATION* Located at the northwestern corner of the property. Lines are flagged.
PIN* 9867419070 LOT SIZE 18,13 ac SUBDIVISION/LOT#
*REQUIRED
D NEW SEPTIC ❑NEW WELL ❑PERMIT REVISION:PERMIT#
❑EXPANSION OF SEPTIC SYSTEM(LE,ADDING BEDROOM) ❑WELL ABANDONMENT ❑SEPTIC SYSTEM ABANDONMENT
❑SEPTIC SYSTEM REPAIR ❑WELL REPAIR ❑SUBDIVISION/RECOMBINATION OF PROPERTY
❑EXISTING SEPTIC AUTHORIZATION OR CHANGE OF USE ❑WELL OR SEPTIC PERMIT RENEWAL:PERMIT#
PROJECT DESCRIPTION(BE SPECIFIC)*REQUIRED:
Installation of 2"forcemain and drainage field to manage wastewater produced by facility employees. 1f1 g
[]SINGLE FAMILY DWELLING *Number of Bedrooms: Number of occupants:
❑MULTI FAMILY:APARTMENT/GUEST HOUSE*Number of Bedrooms: Number of occupants:
*REQUIRED
®BUSINESS/OTHER DOCUMENTATION OF TYPE,USAGE,NUMBER OF USERS/STAFF WILL BE REQUIRED.
*WATER SUPPLY PLEASE CHECK IF APPLICABLE *REQUESTED SYSTEM MATERIAL
❑PUBLIC ❑BASEMENT WITH PLUMBING ®NO PREFERENCE
®PRIVATE WELL ❑WASTEWATER OTHER THAN SEWAGE GENERATED ❑CONVENTIONAL ONLY
❑COMMUNITY WELL ❑PROPERTY CONTAINS DESIGNATED WETLANDS ❑ACCEPTED MATERIALS
❑OTHER ❑SITE IS SUBJECT TO APPROVAL BY OTHER AGENCY ❑OTHER
❑GARBAGE DISPOSAL
*REQUIRED ❑WATER SOFTENER *REQUIRED FOR IP/CA
INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED.THE FOLLOWING IS REQUIRED.
❑SITE ASSESSMENT; A site assessment must be obtained from the Planning Department with jurisdiction over
the property
❑SITE PLAN DRAWN TO SCALE:
a. Existing and proposed property lines, easements, rights-of-way, and buffers with measurements;
b. Location of all proposed structures, driveways, additions, other future Improvements with
measurement of the structures and measures to two property lines (minimum);
c. Known sources of contamination (septic drain fields, animal lots, fuel tanks, old wells);
❑FLOOR PLAN (not required for Well Permits or Residential Improvement Permits, other conditions apply for
commercial projects)
Please read before signing. Acknowledgment; This application has been signed by the current OWNER of the
property or the OWNER'S LEGAL REPRESENTATIVE(documentation required) who has entered into a contract
or lease with the owner and who may legally represent the property owner in the transactions regarding the
property. Contact this office regarding digital signatures. 1, the undersigned, am the property OWNER or the
LEGAL REPRESENTATIVE. By signing this application, I grant the Orange County Health Department,
Environmental Health Division, right of entry to the property to perform the service(s)requested.
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OWNER/RE ; Ol _�� DATE:
1
000uoign Envelope ID:o1En5EaE-EE 11nE72140A
� \
CALCULATING 2 1
TION
IMPROVEMENT PERMIT UP TO 600 GPD $485
IMPROVEMENT PERMIT REISSUE/REVISION/RENEWAL $175
IN-OFFICE REVISION OF IMPROVEMENT PERMIT $36
EXPANSION OF EXISTING SYSTEM IP $486
SUBDIVISION/ RECOMBINATION $486
Up to two acres Is evaluated,Sites where rock greater than 4"In diameter Is prevalent will
require evaluation by backhoe pit.
Any changes to the site plan,floor plan,or Intended use shall require a new application and
additional fees. All projects with a design flow in excess of 600 GPD require additional fees.
All projects with a design flow In excess of 600 GPD,non-residential projects,and subdivisions
require that the applicant contract with a backhoe operator to dig pits on the site. Subdivisions
and recombination of properties require at least the concept plan approval or plat prepared by
IJ
a surveyor.
CONSTRUCTION AUTHORIZATION UP TO 600 GPD NEW OR EXP $360
CONSTRUCTION AUTHORIZATION REISSUE/REVISION/RENEWAL $175
IN-OFFICE REVISION OF CONSTRUCTION AUTHORIZATION $35
CONSTRUCTION AUTHORIZATION- REPAIR $0
Any changes to the site plan,floor plan,or Intended use shall require a new application and
additional fees, All prolects with a design flow In excess of 600 GPD require additional fees.
ES
EXISTING SYSTEM AUTHO ON NGE IN FLOW)
IN-OFFICE ESA WHERE NO SITE VISIT IS REQUIRED $36
MOBILE HOME PARK SPACE RECONNECTION AUTHORIZATION $105
SEPTIC SYSTEM ABANDONMENT $0
certain conditions,such as prolonged vacancy or site specific concerns,can require parts of
the septic to be uncovered,the tank to be pumped,.and property lines to be,surveXed.
ELL
WELL PERMIT- NEW $695
WELL PERMIT- REPLACEMENT $595
WELL PERMIT- REPAIR OR ABANDONMENT +BACTERIA SAMPLE $75
Well pen-nit fee Includes one set of compliance water sampling for water supply wells after
construction. If the well will serve more than one purpose(i.e.drinking water supply AND
geothermal),Indicate on PROJECT DESCRIPTION,
RE�,!N,8PEOTIO�Nr,fte FOR.:
*PREPARING FOR THE SITE EVALUATION OR SITE VISIT:
Improvement Permits for single-family dwellings on recorded properties and some Existing System Authorizations
and Well Permits can be evaluated and visited without making appointments.
ElVerify that the email and phone submitted are the best ways to reach the APPLICANT.
[]AU proposed structures must bestaked.
El Property lines and corners must be clearly marked and occaoo|b|a. |f property lines cannot beverified, it will be
necessary for the property to be surveyed before o determination can be made.
[]Trim thick vegetation, The area may need to be"bueh-hog0ed"or thinned out, Do not grade or excavate
potential soil onaoo, as it in possible to damage sites beyond use.
*REQUIRED. Failure to prepare the site may cause long delays In permitting or may naou|t in o Notice of
Incompletion.
p|mwoe read before signing.
Acknowledgment., /, the undersigned, understand that I am the responsible party for making the site accessible for
evaluation, permitting, andinspection purposes, Records, flags, and ribbon are available upon request,
OWNER/ DATE: ~�
2
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
Draper Aden Associates
£ngineerhig • Srmrering £nrirw�menf��l Serrices
114 Edinburgh South Drive
Suite 200
Cary,North Carolina 27511
919.827.0864
w%vw.daa.com
August 25, 2020
Orange County Environmental Health
PO BOX 8181
131 W Margaret Lane
Hillsborough, NC 27278
RE: Walnut Grove Waste and Recycling
Septic Application
Draper Aden Associates Project No.1100592-225N2
To Whom It May Concern:
The Licensed Soil Scientist (LSS) Evaluation attached to this application is to be used to produce design
and construction features for permitting in accordance with SL 2018-114 Section 11.(c).
Sincerely,
Draper Aden Associates
t
C. Tyrus Clayton, Jr., PE
Regional Growth Leader/ Principal
Attachment: Permit Application coP e'5
LSS Evaluation —April 9, 2020 - ie5
cc: Bruce Woody (Orange County Solid Waste)
Blacksburg •Chorlollesville • Manassas •Neithorl News •Richmond• Hirginia Beach
FaPelteville •Raleigh
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
Site Assessment for PIN:9867-41-9070 Land Disturbance Thresholds:
Site Data: 1)Erosion Control Application/Permit required if disturbing more than
Zoning:Agricultural Residential(AR) 20,000 sq.ft for residential and non-residential development;and
Acreage:18.13 acres total 2)StormwaterApplication/Permit required if disturbing more than
Overlay Districts:Little River Protected Watershed 12,000 sq.ft.for non-residential development.
Legal Description: SE/S SR 1101 AKA WALNUT GROVE CH RD
Plat:PB101 PG85 "Call OC Erosion Control at(919)245-2586 for m ore information"
Deed:DB 4209 PG385 Notes:
Zoning Requirements(Residential): 1)Private Road Justifications,Recorded Declarations,Restrictive
Max.Density:One dwelling unit per 2 acres Covenants,Bona Fide Farm status,use and building type(e.g.duplex
Min.Lot size:40,000 sq.ft. units)will change subdivision and development requirements.
Min.lot width: 150' 2)Wetlands data is taken from Classification of,Wetlands and
Maximum height:25' Deep water Habitats of the United States U.S.Department of the
Floor Area Ratio(FAR):.88 Interior,Fish and Wildlife Service and does not constitute a formal
Required min.Open Space Ratio:.84 delineation(i.e.survey)of the property.All wetlands areas are
Building Setbacks: approximate.
Front from public/private rights-of-way:40' 3)Flood boundaries are subject to change based on periodic
Side/Rear setbacks from property lines:20' amendments to flood maps.Determination is based on current,best
Impervious Surface Ratio(ISR)Limit:50%ISR for Solid Waste available data.
Collection Centers(394,871 sq.ft.max).based on total 18.13 acres. 4)This does not constitute a formal land survey.
Environmental Features:
Streams/Water Bodies:Yes pond(mapped)and streams both with 6%
side slopes and 65'wide buffers(Method A).
Wetlands:None mapped. Date Site Assessment Completed:14SEP2020 by PRM
Flood Info:
Panel#:9867J
Base Flood Elevation(BFE):N/A
BFE with 2'County Freeboard:N/A
Min.FFE above BFE:N/A.
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----Road Easement USGS Stream C3Parcels (FIRM
!j Water Body Buffer 65ft °Soils Survey Stream Streets Watershed Data shaman this map is obtained from Orange County
Gig. is for reference only.
/ Stream Buffer 65ft �OC Updated Stream Zoning Exo tlocations-ndbounderies should be verified. nM=300feet
Map prepared by Orange County Planning H Inspections. 0 75 150
��-Soils — 2'Contours(NCDOT) Water Body 09/142020-pmallett ®Feet
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
WALNUT GROVE WASTEWATER DISPOSAL SYSTEM
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NAME OF PROJECT. WALNUT GROVE WASTEWATER DISPOSAL SYSTEM z IT A
SITE ADRESS: 3605 WALNUT GROVE CHURCH ROAD Sheet List Table cc3 3 o I E
W c n U.ENGINEER: STEVEN R. GANDY, PhD, PE m rn Sheet r
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114 EDINBURGH SOUTH DRIVE 0 z Number
SUITE 200, CARY, NC 27511 �FR� PROJECT C1 .0 COVER SHEET
PID: 9867419070 �y0 C2.0 NOTES
OWNER: GRANGE COUNTY R° LPG��-`' LOCATION
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DRAPER ADEN ASSOCIATES REVIEW
THESE PLANS HAVE BEEN SUBJECTED TO TECHNICAL AND QUALITY REVIEWS BY:
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NAME: LUKE BAKER PG _ _ 1.14.2021
PROJECT DESIGNER SIGNATURE _ DATE DESIGNED BY:
CTC, Jr.
ORANGE COUNTY WASTE AND RECYCLING DRAWN BY:
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NAME: STEVEN R. GANDY, PhD, PE 1.14.2021 JANUARY, 2 21 r r CHECKED BY: sRG
PRQJECT MANAGER SIGNATURE DATE
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NONE
N NAME: C. TYRUS CLAYTON, JR., PE 1.14.2021
�V��w � N�jr' ! DATE: 8.18.2020
QUALITY REVIEWER SIGNATURE DATE PROJECT NUMBER,
N Cmat4,4 One-Call Center Call IL � udigs R00592-225N2
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DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
EROSIONCONTROL NOTES NPDES Stormwater Discharge Permit for Construction Activities(NCG01) NCDENRIDi Asion of Water Quality
1. THE CONTRACTOR SHALL INSTALL ALL EROSION AND SEDIMENT CONTROL DEVICES AS NECESSARY TO ADEQUATELY CONTAIN CONSTRUCTION SEQUENCE
SEDIMENT RUNOFF WITH THE PROJECT AREA DURING CONSTRUCTION IN ACCORDANCE WITH THE CURRENT EDITION OF THE
NORTH CAROLINA EROSION AND SEDIMENT CONTROL MANUAL. ALL DEVICES REFERRED TO IN THESE PLANS CAN BE FOUND IN 1. OBTAIN PLAN APPROVAL AND OTHER APPLICABLE PERMITS. CONTACT THE TOWN ❑F HILLSBOROUGH UTILITY DEPARTMENT
THE NORTH CAROLINA EROSION AND SEDIMENT CONTROL MANUAL. PRIOR TO THE COMMENCEMENT OF WORK, NEW STABILIZATION TIMEFRAMES
2. ALL DISTURBED AREAS SHALL BE PERMANENTLY SEEDED AND MULCHED PER THE NPDES SCHEDULE AFTER REACHING FINAL 2. FLAG THE WORK LIMITS.
GRADE. AREAS WHICH HAVE BEEN DISTURBED AND HAVE NOT REACHED FINAL GRADE, BUT WHICH ARE TO REMAIN 3. HOLD REQUIRED PRE-CONSTRUCTION MEETING AT LEAST ONE WEEK PRIOR TO STARTING CONSTRUCTION. ALL PERMITS AND (Effective Aug.3,2U111
UNDISTURBED FOR LONGER THAN 14 DAYS ARE TO BE TEMPORARILY SEEDED AND MULCHED PER THE NPDES SCHEDULE.AS PAYMENTS MUST BE COMPLETED PRIOR TO THESE MEETINGS.
UPSTREAM AREAS ARE STABILIZED WITH PERMANENT GROUND COVER, DOWNSTREAM TEMPORARY DEVICES ARE TO BE 4, INSTALL THE TEMPORARY GRAVEL CONSTRUCTION ENTRANCE AS THE FIRST CONSTRUCTION ACTIVITY. INSTALL EROSION AND Q
REMOVED. CONTRACTOR SHALL FOLLOW THE STABILIZATION TIME TABLE INCLUDED IN THIS SET OF DRAWINGS. AND SEDIMENT CONTROL AS NECESSARY TO ADEQUATELY CONTAIN SOILS, EROSION, AND SEDIMENT WITHIN THE PROJECT SITE AREA DESCRIPTION STA131LIZATION TIMEFRAME EXCEPTIONS C1� , ° >
3. IT IS THE CONTRACTOR'S RESPONSIBILITY TO PERIODICALLY INSPECT ALL SEDIMENT AND EROSION CONTROL DEVICES AND z
.AREA, ^ l E
5. REMOVE TOPSOIL FROM AREA OF EXCAVATION AND STOCKPILE FOR USE DURING FINAL STABILIZATION WITHIN LIMITS ❑F V./ o z �'
ENSURE THAT THEY ARE IN GOOD WORKING ORDER. AT A MINIMUM, ALL DEVICES SHALL BE INSPECTED DAILY AND AFTER MAJOR � � m
DISTURBANCE. �i m
RAINFALL EVENTS. ANY DEVICE NEEDING REPAIRS SHALL BE REPAIRED WITHIN 24 HOURS. Perimeter dikes, swales, ditches, slopes 7 days None 1 o > E
4. THE CONTRACTOR SHALL INSTALL ADDITIONAL EROSION AND SEDIMENT CONTROL DEVICES IF DURING THE COURSE OF 6. INSTALL DRAINAGE SYSTEM AND PRESSURE MANIFOLD. 0
CONSTRUCTION THE ENGINEER OR ORANGE COUNTY INSPECTOR DETERMINES THAT THEY ARE REQUIRED. 7. INSTALL 2" SCHEDULE 40 PVC FORCEMAIN. . !� E a•
5, SILT SHALL BE REMOVED FROM SILT FENCES WHEN THE SILT REACHES APPROXIMATELY ONE-THIRD THE HEIGHT OF THE 8. INSTALL GRINDER AND FORCEMAIN PUMP WITHIN EXISTING CONCRETE TANK, INSTALL PUMP CONTROL PANEL. _ Li Z 7
BARRIER. 9. CORE EXISTING CONCRETE TANK,
6. THE CONTRACTOR SHALL PERIODICALLY TOP DRESS THE CONSTRUCTION ENTRANCE WITH CLEAN STONE. IF THE 10. CONTACT OWASA AND ENGINEER FOR INSPECTION. INSPECTION AND ACCEPTANCE OF THE WORK SHALL BE COMPLETED BY Q4 High Quality Water(HQW)Zones 7 days None
CONSTRUCTION ENTRANCE FAILS TO REMOVE DIRT FROM THE TIRES OF VEHICLES ENTERING A PUBLIC RIGHT-OF-WAY A WASH BOTH THE ENGINEER AND AN OWASA REPRESENTATIVE. �' Q
RACK SHALL BE INSTALLED AND THE TIRES WASHED, THE CONTRACTOR SHALL BE REQUIRED TO PROVIDE ANY REQUIRED
11. BACKFILL EXCAVATIONS IN COMPLIANCE WITH PROJECT SPECIFICATIONS.
WATER FOR THE WASHING OF TIRES. DIRT TRACKED ONTO THE PUBLIC RIGHT-OF-WAY SHALL BE REMOVED IMMEDIATELY BY THE 12. REPLACE STOCKPILED TOPSOIL AND SEED DISTURBED AREAS. a Q j ai
CONTRACTOR. 13. TEST PUMP CONTROL PANEL IN THE PRESENCE OF A LICENSED ENGINEER. , 3
7. ALL EROSION AND SILTATION MEASURES ARE TO BE PLACED PRIOR TO OR AS THE FIRST STEP IN GRADING. 14. AFTER THE SITE IS STABILIZED AND WHEN DIRECTED BY THE ENGINEER, REMOVE ALL TEMPORARY EROSION AND SEDIMENT Slopes steeper than 3:1 7 days If slopes are 10' or less in length and are � � c M
8. ALL DISTURBED AREAS NOT PAVED ARE TO BE MULCHED AND SEEDED PER THE NPDES SCHEDULE AFTER BACKFILL. NO MORE CONTROL MEASURES AND INSTALL PERMANENT VEGETATION. not steeper than 2:1, 14 days are allowed. E .2 a
THAN FIVE HUNDRED FEET OF TRENCH IS TO BE OPEN AT ONE TIME. r
9. ALL TEMPORARY EARTH BERMS, DIVERSIONS, AND SILT DAMS ARE TO BE MULCHED AND SEEDED FOR VEGETATIVE COVER 54 0 m v
IMMEDIATELY AFTER GRADING. STRAW OR HAY MULCH IS REQUIRED. THE SAME APPLIES TO STOCKPILES ON SITE AS WELL AS i rn n ^•
SOIL (INTENTIONALLY) TRANSPORTED FROM THE PROJECT SITE, EROSION CONTROL NARRATIVE O Slopes 3:1 or flatter 14 days 7 clays for slopes greater than 50' In length.
10. ALL UTILITY TRENCHES ARE TO BE COMPACTED, SEEDED AND MULCHED IMMEDIATELY AFTER BACKFILL.
11. DURING CONSTRUCTION, ALL STORM SEWER INLETS SHALL BE PROTECTED BY INLET PROTECTION PRACTICES, MAINTAINED AND PROJECT DESCRIPTION 25
o
MODIFIED AS REQUIRED BY CONSTRUCTION PROGRESS, CONSTRUCTION OF A 2" SCHEDULE 40 PVC FORCEMAIN, SEPTIC DRAINAGE SYSTEM, SEPTIC TANK PUMP AND CONTROL,
12, ANY DISTURBED AREA NOT PAVED, SODDED, DR BUILT UPON, IS TO BE SEEDED PER THE TEMPORARY AND PERMANENT SEEDING •• tap `� ti a
All other areas with slopes flatter than 4:1 14 days None, except far perimeters and HQW Zones.
SCHEDULE INCLUDED IN THESE DRAWINGS. MODIFY AS APPLICABLE DEPENDING ON PROPOSED TIME OF CONSTRUCTION. EXISTING CONDITIONS O r „
13, CONTRACTOR STAGING AREAS) SHALL BE RETURNED TO BETTER THAN ORIGINAL CONDITIONS AT THE COMPLETION OF THE THE EXISTING SITE IS PRIMARILY COMPOSED OF PASTURESIGRASSED AREAS WITH SPARSE WOODED AREAS. L�, r o 6
nr- a0m
WORK. � y� x � �
14. THE CONTRACTOR IS RESPONSIBLE FOR INSPECTING AND MAINTAINING ALL EROSION CONTROL MEASURES. ALL DISTURBED DEVELOPMENT IMPACTS v x - ,q a
AREAS ARE TO DRAIN TO APPROVED SEDIMENT CONTROL MEASURES AT ALL TIMES DURING LAND DISTURBING ACTIVITIES AND THE DEVELOPMENT IMPACTS TO THE TOPOGRAPHY, SOILS, HYDROLOGY, AND GEOLOGY WILL BE MINOR. s
DURING SITE DEVELOPMENT UNTIL FINAL STABILIZATION IS ACHIEVED. w E
15. A PRE-CONSTRUCTION MEETING IS REQUIRED PRIOR TO ISSUANCE OF A LAND DISTURBANCE PERMIT. THE CONTRACTOR SHALL ADJACENT PROPERTIES c ; i
SCHEDULE THE MEETING WITH THE JOHNSTON COUNTY INSPECTOR ASSIGNED TO THE PROJECT. THE SUBJECT PROPERTY IS BORDERED ON THE NORTH AND WEST BY NON-SUBDIVIDED COMMERCIAL PARCELS, TO THE w r
16. ALL VEGETATIVE AND STRUCTURAL EROSION AND SEDIMENT CONTROL PRACTICES WILL BE CONSTRUCTED AND MAINTAINED NORTHWEST BY WALNUT GROVE CHURCH ROAD, AND TO THE SOUTH BY A NON-SUBDIVIDED PARCEL WITH A SINGLE-FAMILY r �'
ACCORDING TO MINIMUM STANDARDS AND SPECIFICATIONS OF THE NORTH CAROLINA EROSION AND SEDIMENT CONTROL RESIDENCE.
MANUAL AN THE NORTH CAROLINA SEDIMENTATION POLLUTION CONTROL ACT OF 1973,
17. ALL DISTURBED AREAS NOT BUILT UPON OR LANDSCAPED SHALL BE SEEDED IN ACCORDANCE WITH THE NEW STABILIZATION SOILS GENERAL CONSTRUCTION AND GEOTECHNICAL NOTES
TIME FRAMES AND NOTE BELOW, AND SHALL RECEIVE PERMANENT GROUND COVER IN ACCORDANCE WITH NOTE BELOW. SOILS THROUGHOUT THE PROJECT AREA INCLUDE HERNDON SILT LOAM, 2%-6%SLOPES AND ORANGE SILT LOAM, 0%-3% SLOPES,
18. PROVIDE A GROUND COVER (TEMPORARY OR PERMANENT) ON EXPOSED SLOPES WITHIN 15 CALENDAR DAYS FOLLOWING HYDROLOGIC SOIL GROUPS INCLUDE B (77.9%) D (22.1%), ENGINEERED FILL.
COMPLETION OF ANY PHASE OF GRADING; AND, A PERMANENT GROUNDCOVER FOR ALL DISTURBED AREAS WITHIN 15 WORKING 4iio
DAYS OR 60 CALENDAR DAYS (WHICHEVER IS SHORTER) FOLLOWING COMPLETION OF CONSTRUCTION OR DEVELOPMENT. CRITICAL EROSION AREAS 1. ALL CONTROLLED FILL ZONES ARE TO BE MONITORED BY A FULL TIME GEOTECHNICAL ENGINEERING SERVICES FIRM.
G.S.113A-57(2); G.S. 113-57(3); 15A NCAC 048 0107(B). SEE STABILIZATION TIME TABLES THIS SHEET. 1. CARE MUST BE TAKEN TO PREVENT SEDIMENT FROM BEING TRACKED ONTO ADJACENT ROADWAYS. 2. ENGINEERED FILLS SHALL BE PROPERLY PLACED ACCORDING TO THE RECOMMENDATIONS OF THE GEOTECHNICAL ENGINEER.
2. CARE MUST BETAKEN TO PREVENT SEDIMENTATION EXITING THE PROJECT SITE AREA. 3. ALL SUMMARY REPORTS FROM THE GEOTECHNICAL ENGINEER REPRESENTING THE PROJECT MUST STATE HIS PROFESSIONAL
CARE MUST BE TAKEN TO PREVENT SEDIMENTATION FROM DEPOSITING INTO THE EXISTING STREAM. OPINION ON THE SATISFACTORILY COMPLETED PHASES OF CONSTRUCTION SUCH AS; SLOPE CUTS, SUBDRAINAGE SYSTEMS,
PREPARATION OF SUBGRADES AND COMPACTION OF EARTH FILLS.
STOCKPILING 4. NO FILLS SHALL HAVE ZONES THAT EXCEED TWO (2) FEET IN ELEVATION WITHOUT CONDUCTING COMPACTION TEST AND OBTAINING
SOME TOPSOIL STOCKPILING IS ANTICIPATED ON-SITE, AND THE PROPOSED LIMITS OF STOCKPILING ARE SHOWN ON THE RESULTS OF 95°/° OR GREATER,
CONSTRUCTION DRAWINGS, 5. THE GEOTECHNICAL ENGINEER MUST SUBMIT A DETAILED ANALYSIS, ITEMIZING THE FIELD DENSITY TEST RESULTS. THIS REPORT
GENERAL NOTES STRUCTURAL PRACTICES SHALL BE ACCOMPANIED WITH A COPY OF THE SITE PLAN SHEET AND INDICATE THE TEST LOCATIONS AND ELEVATIONS. THE 1, THE CONTRACTOR SHALL SECURE ALL NECESSARY PERMITS FOR THIS PROJECT FROM THE LOCAL AND STATE AGENCIES, CONSTRUCTION ENTRANCE GEOTECHNICAL ENGINEER MUST PROVIDE ENOUGH DESIGNATED TESTING IN ALL FILL ZONES TO ADEQUATELY EXAMINE AND
2. ANY PERMITS WHICH MUST BE OBTAINED SHALL BE THE CONTRACTOR'S RESPONSIBILITY AND AT His EXPENSE. THE CONTRACTOR SILT FENCE CERTIFY THE INTEGRITY OF THE FILL.
SHALL BE RESPONSIBLE FOR ABIDING BY ALL CONDITIONS AND REQUIREMENTS OF THE PERMITS. SILT FENCE OUTLET 6, THE GEOTECHNICAL ENGINEER MUST SUBMIT A CERTIFIED BUILDING PAD REPORT FOR EACH FILL PAD LOCATION. THIS REPORT 3. THE LOCATION OF EXISTING SEWER, WATER OR GAS LINES, CONDUITS OR OTHER STRUCTURES ACROSS, UNDERNEATH, OR TEMPORARY DIVERSION BERMS SHALL PROFILE THE FILL MATERIAL PLACEMENT AND PROVIDE THE COMPACTION TEST RESULTS. ALL REPORTS WILL BE W
OTHERWISE ALONG THE LINE OF PROPOSED WORK ARE NOT NECESSARILY SHOWN ON THE PLANS, AND IF SHOWN ARE ONLY PERMANENT DIVERSION BERM ACCOMPANIED BY THE SITE PLAN, INDICATING THE TEST LOCATIONS AND ELEVATIONS,
APPROXIMATE, CONTRACTOR SHALL VERIFY LOCATION AND ELEVATION OF ALL UNDERGROUND UTILITIES SHOWN ON THE PLANS TEMP. SEDIMENT DITCH SEDIMENT TRAPS 7. NO BUILDING PADS IN FILL ZONES WILL HAVE STRATUMS EXCEEDING TWO (2) FEET IN ELEVATION WITHOUT TEST VERIFYING
IN AREAS OF CONSTRUCTION PRIOR TO STARTING WORK. CONTACT ENGINEER IMMEDIATELY IF LOCATION OR ELEVATION IS CULVERT OUTLET PROTECTION DENSITY.
DIFFERENT FROM THAT SHOWN ON THE PLANS, IF THERE APPEARS TO BE A CONFLICT, OR UPON DISCOVERY OF ANY UTILITY NOT CULVERT INLET PROTECTION 8. THESE GEOTECHNICAL NOTES SHALL IN NO WAY LESSEN THE REQUIREMENTS OF THE SUBMITTED SOILS REPORT.
SHOWN ON THE PLANS. FOR ASSISTANCE IN LOCATING EXISTING UTILITIES CALL "NC ONE CALL", DIAL 811, TEMPORARY WATTLE DAMS ROAD SUBGRADE
4. ALL WATER AND SEWER CONSTRUCTION AND MATERIALS SHALL CONFORM WITH THE LATEST STANDARDS AND SPECIFICATIONS ROCK CHECK DAMS
OF THE ORANGE COUNTY DEPARTMENT OF PUBLIC UTILITIES.5. WHERE PAVEMENT IS BEING REMOVED, THE CONTRACTOR SHALL REMOVE AGGREGATE BASE MATERIAL TO SUB-GRADE. 1. INSPECTION AND APPROVAL OF THE SUBGRADE WILL BE REQUIRED PRIOR TO THE PLACEMENT OF THE APPROVED PAVEMENT Uj 6, DAMAGE TO UTILITIES (INCLUDING UNDERGROUND) OR PROPERTY OF OTHERS BY CONTRACTOR DURING CONSTRUCTION SHALL VEGETATIVE PRACTICES SECTION MATERIAL,
BE REPAIRED TO PRE-CONSTRUCTION CONDITIONS BY CONTRACTOR AT NO COST TO OWNER OR ENGINEER. TOPSOILING 2. ANY CLAY DEPOSITS IN THE TOP TWO FEET OF THE SUBGRADE MUST BE REMOVED OR ADDRESSED AS RECOMMENDED BY THE
7. EXISTING PAVEMENT AN❑ OTHER SURFACES DISTURBED BY CONTRACTOR (WHICH ARE NOT TO BE REMOVED) SHALL BE REPAIRED TEMPORARY SEEDING GEOTECHNICAL ENGINEER, Cn
TO LIKE-NEW CONDITION. PERMANENT SEEDING 3, SUBGRADE APPROVAL SHALL BE ACCOMPANIED BY THE SUPPORTING DOCUMENTATION VERIFYING DENSITY TEST RESULTS OF 95°Io
8. THE CONTRACTOR IS REQUIRED TO MAINTAIN ALL DITCHES, PIPES, AND OTHER STRUCTURES FREE FROM OBSTRUCTION UNTIL MULCHING OR GREATER,
WORK IS ACCEPTED BY THE OWNER. ROLLED EROSION CONTROL PRODUCTS/MATTING (RECP) 4. THE ENTIRE SUBGRADE WILL HAVE BEEN PROOFROLLED IN THE PRESENCE OF THE SITE INSPECTOR AND GEOTECHNICAL Q
9. THE CONTRACTOR SHALL NOTIFY THE ALL APPLICABLE REGULATORY AGENCIES AND THE ENGINEER AT LEAST 24 HOURS PRIOR TO REPRESENTATIVE. PROOFROLLING SHALL BE A RUBBER TIRE VEHICLE SUCH AS A LOADED TEN (10) TON TRUCK OF APPROVED z
STARTING WORK ON THIS PROJECT. MANAGEMENT STRATEGIES COMPACTION EQUIPMENT. J5. THE FINAL SUBGRADE SHALL BE APPROVED BY THE GEOTECHNICAL ENGINEER AND SITE INSPECTOR BEFORE PLACEMENT OF Q 10. UNLESS OTHERWISE NOTED, ALL CONCRETE PIPE SHALL BE REINFORCED CONCRETE PIPE, CLASS Ill. 1, CONSTRUCTION WILL BE SEQUENCED SO THAT GRADING OPERATIONS CAN BEGIN AND END AS QUICKLY AS POSSIBLE.
11. ALL EXCAVATION FOR UNDERGROUND PIPE INSTALLATION MUST COMPLY WITH OSHA STANDARDS FOR THE CONSTRUCTION 2. SEDIMENT TRAPPING MEASURES WILL BE INSTALLED AS A FIRST STEP IN GRADING. PAVEMENT SECTION MATERIALS. Uj
INDUSTRY (29 CFR PART 1926). 3. THE JOB SUPERINTENDENT SHALL BE RESPONSIBLE FOR THE INSTALLATION AND MAINTENANCE OF ALL EROSION AND ' <
12. VERIFY THE PROPOSED LAYOUT WITH ITS RELATIONSHIP TO THE EXISTING CONDITIONS. CONTRACTOR SHALL VERIFY INVERT SEDIMENT CONTROL PRACTICES.
ELEVATIONS OF EXISTING SEPTIC INFLUENT PRIOR TO INSTALLING PUMP OR FLOATS. VERIFY ALL DIMENSIONS, SITE CONDITIONS, 4. AFTER ACHIEVING ADEQUATE STABILIZATION AND UPON APPROVAL FROM THE ORANGE COUNTY INSPECTOR, THE TEMPORARY 0 � _
AND MATERIAL SPECIFICATIONS AND NOTIFY THE OWNER AND ENGINEER OF ANY ERRORS, OMISSIONS, OR DISCREPANCIES E&S CONTROLS WILL BE CLEANED UP AND REMOVED. �
BEFORE COMMENCING OR PROCEEDING WITH WORK,
13, DEVIATIONS FROM, OR CHANGES TO THESE PLANS WILL NOT BE ALLOWED WITHOUT APPROVAL FROM THE ENGINEER. PERMANENT STABILIZATION 17 Q
14. PROPERLY SECURE THE CONSTRUCTION AREA AT ALL TIMES AGAINST UNAUTHORIZED ENTRY AND ADEQUATELY PROTECT THE DISTURBED AREAS WILL BE PERMANENTLY STABILIZED THROUGH THE USE OF PERMANENT SEEDING AND IMPERVIOUS J z
EQUIPMENT, MATERIALS, AND COMPLETED WORK FROM THEFT AND VANDALISM. THE OWNER IS NOT RESPONSIBLE FOR THE LOSS SURFACES. _
OF ANY MATERIAL STORED AT THE SITE.
15, TRAFFIC CONTROL AND SAFETY IS THE RESPONSIBILITY OF THE CONTRACTOR. MANAGEMENT STRATEGIES
1, THE SILT FENCE BARRIER WILL BE CHECKED REGULARLY FOR UNDERMINING OR DETERIORATION OF THE FABRIC. SEDIMENT
SHALL BE REMOVED WHEN THE LEVEL OF SEDIMENT DEPOSITION REACHES 113 THE WAY TO THE TOP OF THE BARRIER. rn z 0 0
2. SEDIMENT TRAPS SHALL BE INSPECTED AFTER EACH RAIN AND REPAIRS MADE AS NEEDED. SEDIMENT SHALL BE REMOVED AND V cc
THE TRAP RESTORED TO ITS ORIGINAL DIMENSIONS WHEN THE SEDIMENT HAS ACCUMULATED TO ONE HALF THE DESIGN DEPTH w a 0
OF THE TRAP. REMOVED SEDIMENT SHALL BE DEPOSITED IN A SUITABLE AREA AND IN SUCH A MANNER THAT IT WILL NOT 03
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MAINTENANCE REVISIONS
1. ALL EROSION AND SEDIMENT CONTROL PRACTICES SHALL BE CHECKED FOR DAMAGE,
STABILITY AND OPERATION FOLLOWING EVERY RAINFALL EVENT PRODUCING 1/2 INCH OR
MORE OF RUNOFF AND AT LEAST ONCE EVERY WEEK. ANY NEEDED REPAIRS SHALL BE
MADE IMMEDIATELY TO MAINTAIN ALL PRACTICES AS DESIGNED. MAINTENANCE
SPECIFIED IN STRUCTURE CONSTRUCTION SPECIFICATIONS SHALL BE PERFORMED.
RECORDS OF THESE INSPECTIONS ARE TO BE MAINTAINED AND MADE AVAILABLE FOR
INSPECTION BY NCDEQ, THE OWNER, AND ENGINEER ON SITE AT ALL TIMES.
2. DISTURBED AREAS LEFT INACTIVE BETWEEN PERIODS OF GRADING ACTIVITY SHALL BE
TEMPORARILY SEEDED WITHIN 14 WORKING DAYS, PER NCG01 SECTION 116 (2),
3. PERMANENT GROUND COVER VEGETATION SHALL BE SHALL BE APPLIED TO ALL AREAS
N
WITH TEMPORARY VEGETATION AND ALL UNCOVERED DISTURBED AREAS WITHIN 14
WORKING DAYS OR 90 CALENDAR DAYS, WHICHEVER IS SHORTER, AFTER COMPLETION
N
OF GRADING.
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3. PERMANENT GROUND COVER VEGETATION SHALL BE SHALL BE APPLIED TO ALL AREAS
WITH TEMPORARY VEGETATION AND ALL UNCOVERED DISTURBED AREAS BEFORE THE DESIGNED BY:
CONCLUSION OF THE PROJECT, CTC, Jr.
4. ALL SEEDED AREAS WHERE VEGETATION IS DAMAGED OR COVER IS NOT ADEQUATE
SHALL BE PREPARED AN RESEEDED AS NECESSARY TO PRODUCE A VIGOROUS, DENSE ���{1t I I�rl��I DRAWN 8Y:
q
6J CHECKED BY:
aVEGETATIVE COVER, �>>pp'T H Oq�q LAB5. RECORD DAILY RAINFALL AMOUNTS AND MAINTAIN IN AN ONSITE LOG. SRG
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8.18.2020
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R00592-225N2
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PIN: 9867419070 - 18.13 ACRES 1 'U m , '� T Q
DESIGN FLOW: 4 employees x 25 diem la ee = 100 d � � (]
9P P Y 9P r , .�_ � �
LIAR: 0.2 gpolft2 }: .. , / " J, x� _
TRENCH BOTTOM SQUARE FOOTAGE REQUIRED: 100 gpol0.2 gpolW= 500 ft2
DRAINFIELD REQUIREMENT: 500 FT /3 FT TRENCH = 167 FT. - , e ■ Oil.
SYSTEM AND REPAIR REQUIREMENT: � ;
,
CONVENTIONAL TRENCH: 334'(167'+16T) / Z
0000 ,USABLE 501E DEPTH(INITIAL):38"(BASED ON BORINGS A, B,AND D IN USABLE 501E AREA)
SYSTEM TYPE CONVENTIONAL TRENCH FOR INITIAL IN PUMP DELIVERY(1116) f t '' , s •+r ' ^/ F Q Z0Cc
USABLE SOIL DEPTH(REPAIR):28"(BASED ON BORINGS 8,C, E,AND F IN USABLE SOIL AREA) " '" J
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SYSTEM TYPE CONVENTIONAL TRENCH FOR REPAIR WITH IMPORTED CAP AND PUMP DELIVERY(IIIB) y , fr + f W 00
SYSTEM DISTRIBUTION: INITAL SYSTEM WITH PRESSURE MANIFOLD. # E J
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SEPTIC LAYOUT: -•-.�'
- REVISIONS
LINE COLOR LENGTH' ELEV INITIAL REPAIR As ,' I R • �, +�
1 WHITE 64' 51111, 64'
2 BLUE 65' 6'4" 65'
3 ORANGE 66' 6'85' 66' 000,
4 PURPLE 68' 7'4.5" B3' 1,500 GALLON TANK /
5 LIME 71' 7' 11" 71' - mpg= wool" . F
6 WHITE 72' $'6.5" 72' � , ,
9 TOTAL: 406' 195' 211'
0000,
49
1. AMOUNT OF LINE LENGTH MEETS AVAILABLE REQUIREMENTS{.1945} , irg
= 2. LINES LAID OUT 9'ON CENTER AT MINIMUM
3. BENCHMARK ELEVATION:TOP OF EIP @ PROPERTY CORNER ADJACENT TO LAYOUT: 5 4" ' .
5 4, LINE LENGTHS MEASURED WITH ROLL TAPE MEASURING WHEEL �}F
DESIGNED BY:
5. LINE ENDS ARE DOUBLE FLAGGED.
ryi 6. USABLE SOIL DEPTHS ARE SLOPE CORRECTED. . r .. CTC, Jr.
N r' DRAWN BY:
GRAPHIC SCALE v ° , oe
- LAB
0 40 80 160 240 �' SRG
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M• i 1„ =80'
DATE:
8.18,2020
(IN FEET) PROJECT NUMBER:
1 inch = 40 feet
R00592-225N2
�• C3 .0
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DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-081 1 OE72140A
LID
SEPTIC INSTALLATION NOTES 3" SLIP-ON CAP
GRILLED OVERSIZE C,/� ' u �
REQUIRED SITE MODIFICATIONS � C7 '�
(NOT GLUED z
1. ALL PLANT MATERIAL TREES AND SHRUBS IN THE PROPOSED WASTEWATER SYSTEM SHALL BE PERMANENTLY a d
( 7 THREADED TAP _ m
REMOVED. STUMPS SHALL BE REMOVED. BACK-FILL ALL STUMP DEPRESSIONS WITH CLEAN (FREE OF ORGANIC
MATERIAL AND GROUP II, III, AND /OR IV SOIL CLODS AND BUILDING RUBBLE/DEBRIS, ETC.), COARSE-GRAIN, GROUT � v w 0
SAND-TEXTURED FILL MATERIAL. • !� -
2. ALL SITE MODIFICATIONS/SYSTEM INSTALLATION SHALL ONLY OCCUR DURING DRY SITE CONDITIONS (SOIL m R o L
MOISTURE LEVEL IS AT LEAST `FIELD CAPACITY" OR DRIER. = LL Z
3. THERE SHALL BE NO VEHICULAR TRAFFIC OVER ANY PART OF THE WASTEWATER SYSTEM (INITIAL AND REPAIR T
AREA) AT ANY TIME. MANIFOLD z
NITRIFICATION FIELD SPECIFICATIONS V1 7
1. APPLICABLE LONG-TERM ACCEPTANCE RATE EQUIVALENT TO 0.4-GPD/SQ FT (MINIMUM) p Q -cc m
2. SYSTEM REQUIRES 500-SQUARE FEET OR 167 LINEAR FEET OF TRENCH 7
3. ESTIMATED DIMENSIONS OF UNUSABLE SOIL AREA FOR SEPTIC FIELD: 75' X 50' C m
4. A TOTAL OF SIX (6) CONVENTIONAL TRENCHES ARE REQUIRED. TRENCH LENGTHS VARY. COORDINATE WITH OBSERVATION ° a
SEPTIC LAYOUT IN SITE EVALUATION. w E x o
DETECTIBLE TAPE 5. AN END-PLACEMENT SEWAGE EFFLUENT DISTRIBUTION DEVICE (PRESSURE MANIFOLD) IS REQUIRED. TRUE UNION PORT •
BALL VALVES SHALL BE USED FOR EACH NITRIFICATION TRENCH TAP ON THE PRESSURE MANIFOLD. ALL =
VALVES AND CLEAN-CUTS SHALL BE ACCESSIBLE FROM THE GROUND SURFACE OR FINISHED GRADE VIA DRAIN PLUG b�Q m U
ACCEPTABLE ENCLOSURES (CONCRETE VALVE BOXES). j
6. CONVENTIONAL TRENCH WIDTH IS 36 INCHES. T�-------- - --- ---- J ?
7. CONVENTIONAL TRENCHES INSTALLED 9 FEET ON CENTERS. �.
8. INSTALL NON-WOVEN, GEO-TEXTILE FABRIC OVER THE APPROVED AGGREGATE BEFORE INSTALLATION OF FINAL
UNDISTURBED EARTH SOIL COVER MATERIAL. BASE FOR MANIFOLD LEVEL STABLE N
HAND PLACED DENSELY 9. TRENCH BOTTOM DEPTH TO BE DETERMINED AFTER LOT HAS BEEN CLEARED BASE {GRAVEL} r
COMPACTED BACKFfLL TO 10. THE LAND SURFACE AROUND THE PROPOSED SEPTIC SYSTEM DRAiNFIELD SHALL BE LANDSCAPED SO THAT to 'Goo
1 FT. ABOVE TOP OF PIPE SURFACE WATER (DURING AND AFTER PRECIPITATION EVENTS) ACCUMULATION IS ABLE TO DRAIN BY POSITIVE PVC a TURN BALL VALVE d � �
--PIPS a Z SHEET FLOW AWAY FROM THE TREATMENT AND DISPERSAL FIELD.
D r 11. GRASS VEGETATION SHALL BE ESTABLISHED {SEED/SOD} IMMEDIATELY AFTER SYSTEM INSTALLATION.
BEDDED PIPE PUMP TANK PRESURE MANIFOLD - SECTION VIEW . d
j l 1. TANK MUST BE A SEALED WATERTIGHT TANK r -'
2. ANTI-BUOYANCY PROVISIONS MUST BE ADEQUATE. c �t� r _
I�= 3. ALL PIPE AND WIRE CONDUITS INTO TANK MUST BE THROUGH HUBS OR FITTINGS MADE DURING THE
SHAPED SUBGRADE TO I I�_-_�I I-. _; CONSTRUCTION OF THE TANK AND INSTALLED IN A WATERTIGHT AND GASTIGHT FASHION. w d; z
4. MINIMUM TANK VOLUME SHALL BE 1500 GALLONS.
PROVIDE BEARING ALONG 2 PIPE O.D. 5. TANK SHALL BE CONNECTED TO EXISTING SEWER LINE FROM BATHROOM AND PLUMBED WITH 4" PVC TO
ENTIRE LENGTH OF PIPE EXISTING PUMP TANK. 2" SUPPLY FORCE MAIN
BARREL. USE WASHED 24"+O.D, MAX PUMP
STONE FOR BEDDING 1. MINIMUM PUMP REQUIREMENTS: 22 GALLONS PER MINUTE AT 29' TOTAL DYNAMIC HEAD.
UNDER PAVEMENT. {12"+O.D. MIN} 2. MUST BE AN EFFLUENT PUMP CAPABLE OF DELIVERING AT LEAST 22 GALLONS PER MINUTE AT THE EXPECTED REGULATING GATE VALVE
TOTAL DYNAMIC HEAD.
3. PUMPS MUST BE ACTIVATED BY MERCURY LEVEL CONTROL SWITCHES).
4, PUMP DISCHARGE PIPE MUST BE OF SCHEDULE 40 PVC, OR STRONGER MATERIAL, AND INCLUDE A CHECK
VALVE, DISCONNECT UNION, AND GATE VALVE WITHIN THE PUMP TANK. PUMP MUST BE READILY REMOVABLE
FROM THE GROUND SURFACE. UNION
5. WHEN ANY PUMP IS LOCATED AT A HIGHER ELEVATION THAN THE ELEVATION AT THE TERMINAL END THEN A
SIPHON-BREAK VALVE MUST BE PROVIDED FOR THAT PUMP. STRAPS TO SECURE MANIFOLD TO VAULT
6. PROVISIONS FOR VENTILATION SHOULD BE PROVIDED FOR ALL PUMP TANKS WITH THE VENT OPENING LOCATED
ABOVE THE 100-YEAR FLOOD ELEVATION. A VENT WITH SCREEN MUST BE PROVIDED FOR ALL PUMP TANKS. 4" MANIFOLD SCHEDULE 80 PVC
7, PUMP SHALL BE PENTAIR MODEL 4190 OR APPROVED EQUAL.
WIRING THREADED TAP
1. WIRES MUST BE CONVEYED TO A WATERTIGHT (NEMA 4X), OUTSIDE• VANDAL-RESISTANT JUNCTION BOX
THROUGH WATERPROOF AND GAS PROOF CONDUITS, WITH NO SPLICES MADE INSIDE THE LIFT STATION OR
BELOW GRADE. JUNCTION BOX MAY BE MOUNTED ON THE OUTSIDE OF THE LIFT STATION RISER ABOVE THE 3" GRAVITY SUPPLY PIPES TO
GROUND SURFACE. LINES 1" PER FOOT MINIMUM
2. CONTROL PANEL MUST BE MOUNTED ON THE SIDE OF THE HOUSE NEAREST THE PUMP TANK AND READILY a
ACCESSIBLE. GRADE WITH CLEANOUT
1 FORCE MAIN PIPE LAYING DETAIL 3, AN AUDIBLE AND VISIBLE HIGH-WATER ALARM MUST PROVIDED.
C3.0 C4,0 NOT TO SCALE 4. PUMP CONTROLS AS PER PUMP MANUFACTURER'S RECOMMENDATION. uj
MANIFOLD DETAIL SPECIFICATIONS:
MANIFOLD AND MANIFOLD VAULT SHALL BE
INSTALLED ON A STABLE GRAVEL BASE,THE VAULT
SHALL BE EASILY DRAINABLE,PROTECTED]FROM I E EARTH BACKFII_L FREEZING AND PROVIDED WITH A LID.TAPS SHALL W
NATURAL GROUN OVERFILL TO ALLOW BE LOCATED LEVEL AND 6"ON CENTER,THE
FO 11 R SETTLEMENT
❑ MANIFOLD SHALL BE SCHEDULE 80 PVC.ALL Imm
OTHER PIPES AND FITTINGS SHALL BE SCHEDULE ♦A
40 PRESSURE RATED(PW).
NON-WOVEN ❑ FORCE LAIN(SUP"SCHEDULE 80 SCHEDULE 40
FILTER FABRIC Q
3/4" SCHEDULE 8a PVC TAP SIZE'-0"SCHEDULE 80 Z
NUMBER OF TAPS: 3
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NITRIFICATION LINE LENGTH:VARIES,SEE TAP ] � .-..I
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3�4" TO 2-1�2" SHEET REQUIREMENTS FOR EACH LENGTH UJ c)
WASHED STONE
FILTER *ENSURE'a TURN BALL VALVES ARE SIZED TO
ALLOW FULL TAP FLOW TO GRAVITY SUPPLY PIPE
WITHOUT RESTRICTING FLOW.MAY REQUIRE NEXT V
3'-0" SIZE LARGER VALVE THAN TAP. 0
*NOTE: CONTRACTOR TO INSTALL NITRIFICATION TRENCHES IN
ACCORDANCE WITH SITE EVALUATION PERFORMED BY ALAN CLAPP. 0 0
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TURN BALL VALVES' {2", 4" OR 1" SOH. $OJ _
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PRESSURE MANIFOLD VAULT WITH LID J z c) 0
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Z NITRIFICATION TRENCH a0
C3.0 C4 m.0 NOT TO SCALE TURN-UP WITH CAP (PRESSURE RATED) a CO cn
(PRESSURE HEAD CHECK)
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1" DRAIN HOLE WITH PLUG REVISIONS
PRESURE MANIFOLD - PLAN VIEW
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c p�• Z DATE:
SQL r• y;
�r°2o 8.18.2020
N PROJECT NUMBER:
:ELF6 EE R00592-225N2
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DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-081 1 OE72140A
MATERIALS
FILTER FABRIC MATERIAL ATTACHING TWO SEDIMENT FENCES
SECURELY FASTENED TO THE 1. USE A SYNTHETIC FILTER FABRIC OF AT LEAST 95% BY WEIGHT OF POLYOLEFINS
POSTS AND THE WIRE MESH OR POLYESTER, WHICH IS CERTIFIED BY THE MANUFACTURER OR SUPPLIER AS
APPROXIMATELY 12 INCHES
E ^ _u CONFORMING TO THE REQUIREMENTS IN ASTM D 6461, WHICH IS SHOWN IN
OF FILTER FABRIC MATERIAL PLACE THE END POST PART IN TABLE 6,62B. SYNTHETIC FILTER FABRIC SHOULD CONTAIN ULTRAVIOLET
MUST EXTEND INTO A OF THE SECOND RAY INHIBITORS AND STABILIZERS TO PROVIDE A MINIMUM OF 6 MONTHS OF
TRENCH AND BE ANCHORED FENCE INSIDE THE END EXPECTED USABLE CONSTRUCTION LIFE AT A TEMPERATURE RANGE OF 0 TO
STEEL POST WITH COMPACTED BACKFILL PAST OF THE FIRST n
1.33 LB/FT, 5' J 120 F.
MATEf21AL
MIN. LENGTH A RUNOFF FENCE 2. ENSURE THAT POSTS FOR SEDIMENT FENCES ARE 1.33 LB/LINEAR FT STEEL > <
cc 7
ROTATE BOTH POSTS WITH A MINIMUM LENGTH OF 5 FEET. MAKE SURE THAT STEEL POSTS HAVE ^ w L) 'E s
AT LEAST 180 PROJECTIONS TO FACILITATE FASTENING THE FABRIC, o z °' m
/ f� f _ DEGREES IN A
'off — 3. FOR REINFORCEMENT OF STANDARD STRENGTH FILTER FABRIC, USE WIRE v m
CLOCKWISE DIRECTION
J TO CREATE A TIGHT FENCE WITH A MINIMUM 14 GAUGE AND A MAXIMUM MESH SPACING OF 6 INCHES.
APPROXIMATE
MIN 4-INCH BY SEAL WITH THE FABRIC � � � � a m
f /�f� 8-INCH DEEP MATERIAL CONSTRUCTION
f\ ff�tiff TRENCH DIRECTION OF RUNOFF WATERS G
2 LL Z 7
DRIVE BOTH POSTS 1. CONSTRUCT THE SEDIMENT BARRIER OF STANDARD STRENGTH OR EXTRA z
f �•��� z
ABOUT 10 INCHES INTO STRENGTH SYNTHETIC FILTER FABRICS, ai
24 INCHES �� THE GROUND AND 2, ENSURE THAT THE HEIGHT OF THE SEDIMENT FENCE DOES NOT EXCEED 24
BURY FLAP INCHES ABOVE THE GROUND SURFACE, (HIGHER FENCES MAY IMPOUND p Q 2
VOLUMES OF WATER SUFFICIENT TO CAUSE FAILURE OF THE STRUCTURE.) ti '
3. CONSTRUCT THE FILTER FABRIC FROM A CONTINUOUS ROLL CUT TO THE w a
LENGTH OF THE BARRIER TO AVOID JOINTS, WHEN JOINTS ARE NECESSARY, 0 Y o
FOR ADDITIONAL STRENGTH SECURELY FASTEN THE FILTER CLOTH ONLY AT A SUPPORT POST WITH 4 FEET
FILTER FABRIC MATERIAL MINIMUM OVERLAP TO THE NEXT POST. .2 .2 [�3
FILTER FABRIC SHALL BE ATTACHED TO A 6" 4. SUPPORT STANDARD STRENGTH FILTER FABRIC BY WIRE MESH FASTENED •
SPACING OF POSTS TO BE 8 MATERIAL (MAX) MESH WIRE SCREEN SECURELY TO THE UPSLOPE SIDE OF THE POSTS. EXTEND THE WIRE MESH
FT MAX APART WHICH HAS BEEN FASTENED SUPPORT TO THE BOTTOM OF THE TRENCH. FASTEN THE WIRE
TO THE POSTS REINFORCEMENT, THEN FABRIC ON THE UPSLOPE SIDE OF THE FENCE POST.
WIRE OR PLASTIC ZIP TIES SHOULD HAVE MINIMUM 50 POUND TENSILE
STRENGTH,
5, WHEN A WIRE MESH SUPPORT FENCE IS USED, SPACE POSTS A MAXIMUM OF 8 ..� b�4 P, U
FEET APART, SUPPORT POSTS SHOULD BE DRIVEN SECURELY INTO THE E
_ GROUND A MINIMUM OF 24 INCHES. a N R �,
- - - _' 'f 6, EXTRA STRENGTH FILTER FABRIC WITH 6 FEET POST SPACING DOES NOT a y
REQUIRE WIRE MESH SUPPORT FENCE. SECURELY FASTEN THE FILTER FABRICq
fr DIRECTLY TO POSTS, WIRE OR PLASTIC ZIP TIES SHOULD HAVE MINIMUM 50
POUND TENSILE STRENGTH,
-- - _ --
7, EXCAVATE A TRENCH APPROXIMATELY 4 INCHES WIDE AND 8 INCHES DEEP w o
24" MAX - - ALONG THE PROPOSED LINE OF POSTS AND UPSLOPE FROM THE BARRIER ., T
MOUNT TREE PROTECTION SIGNAGE TO SILT (FIGURE 6.62A). `-
- - FENCE EVERY 25' 8, PLACE 12 INCHES OF THE FABRIC ALONG THE BOTTOM AND SIDE OF THE
BACKFILLED TRENCH TRENCH.
"TREE PROTECTION AREA 9. BACKFILL THE TRENCH WITH COMPACTED SOIL PLACED OVER THE FILTER
fjff DO NOT ENTER, FABRIC. THOROUGH COMPACTION OF THE BACKFILL IS CRITICAL TO SILT FENCE
ZONE DE PROTECSION PERFORMANCE.
PARA ARBOLES -NO ENTRE" 10. DO NOT ATTACH FILTER FABRIC TO EXISTING TREES.
SEDIMENT FENCE INSTALLATION USING THE SLICING METHOD
INSTEAD OF EXCAVATING A TRENCH, PLACING FABRIC AND THEN BACKFILLING TRENCH, SEDIMENT FENCE MAY BE INSTALLED USING SPECIALLY DESIGNED EQUIPMENT THAT INSERTS THE
FABRIC INTO A CUT SLICED IN THE GROUND WITH A DISC.
INSTALLATION SPECIFICATIONS
1. THE BASE OF BOTH END POSTS SHOULD BE AT LEAST ONE FOOT HIGHER THAN THE MIDDLE OF THE FENCE. CHECK WITH A LEVEL IF NECESSARY,
2. INSTALL POSTS 4 FEET APART IN CRITICAL AREAS AND 6 FEET APART ON STANDARD APPLICATIONS.
3. INSTALL POSTS 2 FEET DEEP ON THE DOWNSTREAM SIDE OF THE SILT FENCE, AND AS CLOSE AS POSSIBLE TO THE FABRIC, ENABLING POSTS TO SUPPORT THE FABRIC FROM UPSTREAM
WATER PRESSURE.
4. INSTALL POSTS WITH THE NIPPLES FACING AWAY FROM THE SILT FABRIC. ui
5. ATTACH THE FABRIC TO EACH POST WITH THREE TIES, ALL SPACED WITHIN THE TOP 8 INCHES OF THE FABRIC. ATTACH EACH TIE DIAGONALLY 45 DEGREES THROUGH THE FABRIC, WITH
EACH PUNCTURE AT LEAST 1 INCH VERTICALLY APART, ALSO, EACH TIE SHOULD BE POSITIONED TO HANG ON A POST NIPPLE WHEN TIGHTENED TO PREVENT SAGGING,
6. WRAP APPROXIMATELY 6 INCHES OF FABRIC AROUND THE END POSTS AND SECURE WITH 3 TIES.
7. NO MORE THAN 24 INCHES OF A 36 INCH FABRIC IS ALLOWED ABOVE GROUND LEVEL,
8. THE INSTALLATION SHOULD BE CHECKED AND CORRECTED FOR ANY DEVIATIONS BEFORE COMPACTION,
9, COMPACTION IS VITALLY IMPORTANT FOR EFFECTIVE RESULTS. COMPACT THE SOIL IMMEDIATELY NEXT TO THE SILT FENCE FABRIC WITH THE FRONT WHEEL OF THE TRACTOR, SKID
STEER; OR ROLLER EXERTING AT LEAST 60 POUNDS PER SQUARE INCH, COMPACT THE UPSTREAM SIDE FIRST, AND THEN EACH SIDE TWICE FOR A TOTAL OF 4 TRIPS, uj
MAINTENANCE
1. INSPECT SEDIMENT FENCES AT LEAST ONCE A WEEK AND AFTER EACH RAINFALL. MAKE ANY REQUIRED REPAIRS IMMEDIATELY.
2. SHOULD THE FABRIC OF A SEDIMENT FENCE COLLAPSE, TEAR, DECOMPOSE OR BECOME INEFFECTIVE, REPLACE IT PROMPTLY.
3, REMOVE SEDIMENT DEPOSITS AS NECESSARY TO PROVIDE ADEQUATE STORAGE VOLUME FOR THE NEXT RAIN AND TO REDUCE PRESSURE ON THE FENCE. TAKE CARE TO AVOID Q
UNDERMINING THE FENCE DURING CLEANOUT, z
4. REMOVE ALL FENCING MATERIALS AND UNSTABLE SEDIMENT DEPOSITS AND BRING THE AREA TO GRADE AND STABILIZE IT AFTER THE CONTRIBUTING DRAINAGE AREA HAS BEEN
PROPERLY STABILIZED. W Ir
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DESIGNED BY:
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7>` PROJECT NUMBER:
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DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
FULL CIRCLE ENVIRONMENTAL, LLC.
"ENVIRONMENTALLY CONSCIOUS TODAY FOR A CLEANER TOMORROW"
NC Grade IV Installer(6098)
NC Certified Wastewater System Inspector(65381)
NC Certified Wastewater Subsurface System Operator(313161)
NC Licensed Utility Contractor(58199)
Walnut Grove Wastewater Disposal System
Orange County, North Carolina
Draper Aden Associates PN R00592-225N2
Full Circle Environmental,LLC1107 Lee Court,Clayton,NC 275201919-359-99841www.fullcircleenv.com
DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
STATE OF NORTH CAROLINA
AFFIDAVIT
ORANGE COUNTY
I, WC", (the individual attesting below), being duly authorized by and on behalf of
ful\ Cir-cle �tw,ranr^e'�ic�l . LA- theentity bidding on project hereinafter"Employer")after first being duly
sworn hereby swears or affirms as follows:
1. Employer understands that E-VerifV is the federal E-Verify program operated by the United States
Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify
the work authorization of newly hired employees pursuant to federal law in accordance with NCGS§64-25(5).
2. Employer understands that Employers Must Use E-Verify. Each employer,after hiring an employee to work
in the United States, shall verify the work authorization of the employee through E-Verify in accordance with
NCGS§64-26(a).
3. Employer is a person, business entity,or other organization that transacts business in this State and that
employs 25 or more employees in this State. (mark Yes or No)
a. YES or
b. NO
4. Employer's subcontractors comply with E-Verify,and if Employer is the winning bidder on this project
Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer.
This 1L day of G,• 2011.
IkLVV
Sign re of A Iant
Print or Type Name:
State of North Carolina, 16ywr,iv, County
D
Signed and sworn to(or affirmed) before me,this the 9 Z X
0
day of r-e b:vt q 2011
v
My Commission Expires: ANNgWOMMACK o
NOTARY PUBLIC
JOHNSTON COUNTY,NC M.
/Z - 1 ci -- Z.Z My Commission Expii►es 12-19-2022
V)
rD
Notary Public
DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
FORM OF PROPOSAL
Draper Aden Associates Contract: Sanitary Sewer Service Relocation
114 Edinburg S Drive, Suite 200 Bidder: ��
PO Box 8181 Hillsborough, NC 27278 Date: Z I Z 1�1
The undersigned, as bidder, hereby declares that the only person or persons interested in this proposal as
principal or principals is or are named herein and that no other person than herein mentioned has any interest in
this proposal or in the contract to be entered into; that this proposal is made without connection with any other
person, company or parties making a bid or proposal; and that it is in all respects fair and in good faith without
collusion or fraud. The bidder further declares that he has examined the site of the work and the contract
documents relative thereto, and has read all special provisions furnished prior to the opening of bids; that he has
satisfied himself relative to the work to be performed.
The Bidder proposes and agrees, if this Proposal is accepted, to contract with the Engineer in the form of contract
specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and
labor necessary to complete all construction of the subject project in accordance with the Drawings, and
Specifications, to the full and entire satisfaction of the Orange County and the Engineer, with a definite
understanding that no money will be allowed for extra work Contract Documents or executed change oreder for
the sum of:
SINGLE PRIME CONTRACT:
Description Unit Estimated Unit Price Total Cost
Quantity
Mobilization/Erosion LS 1
Control/Demobilization
Grinder Pump and Control LS 1
Tank 1500 al EA 1 G-
Core Existing Concrete Tank EA 1
2" Schedule 40 PVC, including LF 1,200
excavation, backfill, and fittings
Pressure Manifold and-Drainage Field LS 1
Misc LS 1
Items, materials not specifically identified as a unit line item, but nesscessary to complete the project as
shown on the plans and in the technical specifications are considered incidental and shall be included
in the cost of one of the line items above. Contractor shall determine which line item to include the
additional costs based on related items or the sequencing of tasks.
Total Base Bid Price: 1
�-,j lfOl>ne T�tvs�� Cre 1 -Aj-Aka-� T1-',- Dollars($) I
(In Words)
Contractor License Number: f'o f3
The bidder further proposes and agrees hereby to commence work under this contract on a date to be specified in a written order of the
designer and shall fully complete all work thereunder within the time specified in the General Conditions Article 13. Applicable liquidated
damages amount is also stated in the General Conditions Article 13.
DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
FULL CIRCLE ENVIRONMENTAL
BID PROPOSAL Environmental Services
ustomer ame: Orange County i um er:
Attention: Steve Gandy ate: 12/12/2021
Quote is for the ropose Walnut Grove Wastewater Dispersion
Located in: Bid Preparedy:
QUANITY UNIT DESCIPTION UNIT PRICE TOTAL
1 LS Equipment Mobilization $500.00 $500.00
1 LS Effluent Pump and Control Panel Assembly $2,750 $2,750.00
1 EA Turnkey 1500 gal Septic Tank Installation $3,750 $3,750.00
1 EA Existing Tank Coring(if applicable) $750 $750.00
1 EA Existing Tank Pumping(if coring is needed) $400 $400.00
1200 LF 2"SCH 40 Force Main $12 $14,400.00
1 LS Pressure Manifold and Turnkey Drainfield $4,080 $4,080.00
1 LS New 1500 gal Pump Tank ore uiv if needed $2,500 $2,500.00
TOTAL ESTIMATED-------------------------- $ 29,130.00
Conditions Of Bid
Proposal by:
Date:
Zach Woody
Full Circle Environmental,LLC
DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
Proposal Signature Page
Respectfully submitted this day of rc�D,r Z 202
(Name of firm or corporation making bid)
WITNESS: By; oc
Signature
Name: 2L"!�j WeC�y
(Proprietorship or Partnership) Print or type
Title Fsc s 1 L/-\ F'
(Owner/Partner/P res.N.P res)
Address )61 �Pe C-k•
ATTEST: C 1114 h2 tj C 0'7 S '-L a
By; License No. (C) y
Title: Federal I.D. No. �3136 3 S 80
(Corp. Sec.or Asst. Sec.only) nn
Email Address: y`\,
(CORPORATE SEAL) Phone:
Addendum received and used in computing bid:
Addendum No. 1 Addendum No. 3 Addendum No. 5 Addendum No. 6
Addendum No. 2 Addendum No. 4 Addendum No. 6 Addendum No. 7
DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
[Departmental Use Only]
TITLE
FY
NORTH CAROLINA
CONSTRUCTION AGREEMENT UNDER$250,000.00
ORANGE COUNTY
THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the
day of , 20 , by and between , (hereinafter called the "Contractor"), and Orange County,
a political subdivision of the State of North Carolina, (hereinafter called the "County," "Orange County,"
or"Owner").
WITNESSETH:
That the Contractor and the Owner, for the consideration herein named, agree as follows:
1. CONTRACT DOCUMENTS; PRIORITY
The Contract Documents consist of this Agreement, the Request for Proposals, Proposal,
Construction Drawings, and Written Specifications. The Contract Documents form the Contract. In the
event of any inconsistency between or among the Contract Documents the Contract Documents shall be
interpreted in the following order of priority:
a. This Agreement.
b. Designer Approved Bulletins and Field Orders.
c. Request for Proposals and addenda thereto.
d. Proposal.
2. SCOPE OF WORK
The Contractor shall furnish and deliver all of the materials, and perform all of the work
required by this Agreement within the time period stipulated in a written Notice-to-Proceed to be
executed by the Contractor and Owner and in accordance with the following enumerated documents,
which are made a part hereof as if fully contained herein:
a. Construction Drawings prepared by (Sheet dated )
b. Written specifications prepared by the project engineer.
C. proposal dated , 20 which fully describes the work to be performed.
Such work will hereafter be called the"Work".
d. Related documents listed under Section 1 above.
3. TERM AND SCHEDULING
Revised 07/20 1
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
a. The Contractor agrees to commence work pursuant to the written Notice to Proceed.
b. The Contractor agrees to complete substantially all Work by ,20
c. Time is of the essence with respect to all dates specified in the Contract Documents as
Completion Dates.
d. The Contractor shall perform the Work in the time, manner, and form required by the
Contract Documents and as stipulated in a written Notice-to-Proceed to be executed by the
Contractor and Owner.
e. It is expressly understood that the Owner will employ other contractors to perform work as
a part of the Project whose work will be performed simultaneously and sequentially with
the performance of the Work by the Contractor. It shall be necessary for the Contractor to
coordinate its activities with such other contractors, particularly with respect to access to
work areas, storage of materials and other common facilities.
f. Should the Owner determine that the Contractor is behind schedule Owner may require, at
no additional cost to the Owner, the Contractor to expedite and accelerate its efforts,
including providing additional resources and working overtime, as necessary, to perform
the Work in accordance with the approved project schedule.
4. STANDARD OF CARE
a. The Contractor shall exercise reasonable care and diligence in performing the Work in
accordance with the highest generally accepted standards of this type of Contractor
practice throughout the United States and in accordance with applicable federal, state and
local laws and regulations applicable to the performance of these services. Contractor is
solely responsible for the professional quality, accuracy and timely completion and
submission of all work.
b. The Contractor shall not load or permit any part of the Work to be loaded with a weight
that will endanger its safety, intended performance or configuration.
c. Contractor shall be responsible for all errors or omissions caused by its employees, agents,
contractors, or assigns in the performance of the Agreement. Contractor shall correct any
and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional
cost to the Owner.
d. Contractor is an independent contractor of Owner. Any and all employees of the
Contractor engaged by the Contractor in the performance of any work or services required
of the Contractor under this Agreement, shall be considered employees or agents of the
Contractor only and not of the Owner,and any and all claims that may or might arise under
any workers compensation or other law or contract on behalf of said employees while so
engaged shall be the sole obligation and responsibility of the Contractor.
e. If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Contractor represents that it or its employees, agents
and subcontractors engaged in such activities possess such licenses, certifications, or
Revised 07/20 2
DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
credentials and that such licenses certifications, or credentials are current, active, and not in
a state of suspension or revocation.
£ The Contractor is responsible for all physical damage to owned or rented machinery, tools,
equipment, forms, and other items owned, rented or used by the Contractor and
Subcontractor(s) in the performance of the Work including all of Owner's property in
Contractor's care, custody, or control, and all such property while it is in transit.
g. The Contractor is solely responsible for obtaining all permits necessary to complete the
Work in compliance with all local, state, and federal laws.
5. PAYMENT & TAXES
a. The Owner hereby agrees to pay to the Contractor for the faithful performance of this
Agreement, and the Contractor hereby agrees to perform all of the Work for a sum not-to-
exceed Dollars ($ ). Not later than the fifth (5th) day of each calendar month
the Contractor shall submit to the Owner's Representative, generally the architect if an
architect is retained on the Work, a Request for Payment for work done during the
previous calendar month.
i. The Request for Payment shall be in form of a standardized invoice or AIA
Document G702-703 appropriately addressed to Owner's Representative at
and shall show substantially the value of work done during the previous calendar
month.
ii. The amount due for payment shall be ninety-five percent (95%) of the value of
work completed since the last Request for Payment and this amount shall be paid
by the Owner on or before the last business day of the month. Owner shall retain
five percent(5%).
1. Upon Owner's Representative's certification that ninety percent (90%) of
the Work has been satisfactorily completed retainage may be discontinued.
Retainage may be discontinued, at Owner's Discretion, so long as work
continues to be completed satisfactorily and on schedule.
iii. Final payment shall not be due to the Contractor until thirty (30) days after one
hundred percent (100%) of the Work, including punch list work, has been
satisfactorily (as determined by the County) completed and an appropriate affidavit
as required in Section 7(c)below has been received by Owner.
b. Should Owner reasonably determine that Contractor has failed to perform the Work related
to a Request for Payment, Owner, at its discretion may provide the Contractor ten (10)
days to cure the breach. Owner may withhold the accompanying payment without penalty
until such time as Contractor cures the breach.
i. Should Contractor or its representatives fail to cure the breach within ten (10) days,
or fail to reasonably agree to such modified schedule, Owner may immediately
terminate this Agreement in writing, without penalty or incurring further obligation
to Contractor.
ii. This section shall not be interpreted to limit the definition of breach to the failure to
perform the Work related to a Request for Payment.
c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any
authority on the Work or the labor and materials used therein. It shall be the Contractor's
Revised 07/20 3
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
responsibility to furnish the Owner documentary evidence showing the materials used and
sales and use tax paid by the Contractor and each of its subcontractors.
6. INSURANCE AND BONDS
a. Minimum requirements—Contractor shall obtain, at its sole expense, Commercial General
Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any
additional insurance as may be required by Owner's Risk Manager as such insurance
requirements are described in the Orange County Risk Transfer Policy and Orange County
Minimum Insurance Coverage Requirements (each document is incorporated herein by
reference and may be viewed at
http://www.oran eg c�tync. og v/departments/purchasing division/contracts.php). If
Owner's Risk Manager determines additional insurance coverage is required such
additional insurance shall be designated here (if no additional insurance required
mark N/A as being not applicable). Contractor shall not commence construction work
until such insurance is in effect and certification thereof has been received by the Owner's
Risk Manager.
b. Performance Bonds— Contractor shall furnish bonds covering the faithful performance of
the Contract and payment of all obligations arising under any of the Contract Documents
or related in any way to the Work. Contractor shall immediately furnish a copy of such
bonds to any requesting person who appears to be a potential beneficiary of bonds
covering payment obligations arising under any of the Contract Documents. This
subsection 6(b) applies only to Contracts of fifty thousand dollars ($50,000.00) or more
where the total cost for the project is three hundred thousand dollars ($300,000.00) or
more.
7. INDENINITY
a. To the extent authorized by North Carolina law the Contractor shall indemnify, without
limitation, and hold harmless to the maximum extent permitted by law the Owner and its
agents and employees from and against any and all claims, damages, losses and expenses,
including attorney's fees, arising out of or resulting from the performance or
nonperformance of the Work, provided that any such claim, damages, loss or expense (A)
is attributable to bodily injury, sickness, disease or death or injury to, or destruction of,
property, including the loss of use resulting therefrom; and (B) is caused in whole or in
part by any breach of any provision of the Agreement or by any negligent or wrongful act
or omission of the Contractor, any Subcontractor, or supplier of the Contractor, anyone
directly or indirectly employed by any of them or anyone for whose acts any of them may
be liable. The indemnification obligation under this paragraph shall not be limited in any
way by any limitation of the amount or type of damages, compensation or benefits payable
by or for the Contractor or any subcontractor under workers' compensation acts, disability
benefits acts or other employee benefit acts. It is the intent of this section that the
Contractor shall indemnify the County to the maximum extent allowed by law.
b. The Contractor shall indemnify and hold harmless Owner from any lien of whatever type
through the purchase of appropriate bonds and insurance as designated in Section 6 above.
In the event any such lien is filed against Owner's property Contractor shall, through such
bonds and insurance or at Contractors expense, defend Owner against all such claims of
lien.
Revised 07/20 4
DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
c. Upon completion of the Work the Contractor shall execute an affidavit stating there are no
unpaid debts for any work that has been done or materials that have been furnished to the
project prior to and as of the date of substantial completion and further stating that
Contractor shall indemnify, save and protect Owner and Owner's lender, if any, harmless
from and against any and all claims, liabilities, losses, damages, causes of action, and
expenses (including court costs and reasonable attorney's fees related thereto) arising out
of, in connection with, or resulting from any such debts and liens. Such indemnification
shall be in a form and substance acceptable to Owner.
d. By executing this Agreement Contractor agrees to abide by and be bound by the
indemnification provisions herein and of Section 7(c) specifically.
8. DISPUTE RESOLUTION AND GOVERNING LAW
a. Any dispute with respect to any provision of, or the performance or non-performance of,
this Agreement shall be subject to the Dispute Resolution Rules and Procedures for Orange
County Design, Building Construction, Renovation, and Repair Projects. The policy is
incorporated herein by reference and may be viewed at
http•//www oran e� count c og v/departments/purchasing division/contracts.ghp).
b. The laws of the State of North Carolina shall apply to the interpretation and enforcement of
this Agreement. Any and all suits or actions to enforce, interpret or seek damages with
respect to any provision of, or the performance or nonperformance of, this Agreement or
the Contract shall be brought in the General Court of Justice of North Carolina sitting in
Orange County,North Carolina and it is agreed by the parties that no other court shall have
jurisdiction or venue with respect to such suits or actions.
c. Notice of any claim by Owner or Contractor must be initiated by written notice to the other
Party within thirty (30) days of the occurrence of the event giving rise to the claim or
within thirty (30) days of the discovery of the event or condition giving rise to the claim,
whichever is later.
i. Should any claim be made, regardless of whether such claim is made by Owner or
Contractor, Contractor shall continue to faithfully and diligently perform the Work
in such a manner as to meet all scheduled timelines. Any failure to faithfully and
diligently perform the Work may be deemed, by the Owner, a breach of the
Contract.
ii. If a claim is made such claim shall be made to the initial decision maker, if
applicable, who may request more supporting data, reject the claim in whole or in
part, approve the claim in whole or in part or advise the parties the claim is unable
to be resolved.
iii. If a claim is made by the Owner the Owner may, but is not obligated to, notify the
surety.
9. NON—APPROPRIATION
a. Contractor acknowledges that Owner is a governmental entity, and the validity of this
Agreement is based upon the availability of public funding under the authority of its
statutory mandate.
b. In the event that public funds are unavailable and not appropriated for the performance of
Owner's obligations under this Agreement, then this Agreement shall automatically expire
Revised 07/20 5
DocuSign Envelope ID:81E05E8E-EED7-43D3-8B8A-08110E72140A
without penalty to Owner immediately upon written notice to Contractor of the
unavailability and non-appropriation of public funds. It is expressly agreed that Owner
shall not activate this non-appropriation provision for its convenience or to circumvent the
requirements of this Agreement, but only as an emergency fiscal measure during a
substantial fiscal crisis.
c. In the event of a change in the Owner's statutory authority, mandate or mandated
functions, by state or federal legislative or regulatory action, which adversely affects
Owner's authority to continue its obligations under this Agreement, then this Agreement
shall automatically terminate without penalty to Owner upon written notice to Contractor
of such limitation or change in Owner's legal authority.
10.NOTICES
Any notice required by this Agreement shall be in writing and delivered by certified or registered
mail,return receipt requested to the following:
Owner: Contractor:
Orange County
Attn:
P.O.Box 8181
Hillsborough,NC 27278
11. MISCELLANEOUS
a. Duties and Obligations imposed by the Contract Documents shall be in addition to any
Duties and Obligations imposed by state, federal or local law, rules, regulations and
ordinances.
b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or
duty granted them under the Contract Documents, nor shall any act or failure to act
constitute any approval except as specifically agreed in writing.
c. The Work shall be tested and inspected as required by the Contract Documents and as
required by law. Unless prohibited by law the costs of all such tests and inspections
related to state and federal codes such as ADA, Administrative, Electrical, Plumbing,
Mechanical and Building Codes shall be borne by the Contractor. The costs for material
and structural testing shall be conducted by an independent third party at the expense of the
Owner. Delays related to any of the aforementioned tests and inspections shall not be
grounds for delaying the completion of the work. If any such tests and inspections reveal
deficiencies in the Work such that the Work does not comply with terms or requirements
of the Contract Documents and the requirements of any code or law the Contractor is
solely responsible for the cost of bringing such deficiencies into compliance with the terms
of the Contract Documents and any code or law.
d. Should the Architect, if an architect is retained for the project involving the Work, or
Owner reject any portion of the Work for failing to comply with the Contract Documents
Contractor shall immediately, at Contractor's expense, correct the Work. Any such
rejection may be made before or after substantial completion. If applicable, any additional
expense borne by the Architect under this section shall be paid at Contractor's expense.
Revised 07/20 6
DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
e. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in
its entirety without the prior written consent of the Owner.
£ By executing this Agreement Contractor affirms that Contractor and any subcontractors of
Contractor are and shall remain in compliance with Article 2 of Chapter 64 of the North
Carolina General Statutes.
g. By executing this Agreement Contractor certifies that Contractor has not been identified,
and has not utilized the services of any agent or subcontractor identified, on the list created
by the State Treasurer pursuant to G.S. 147-86.58.
h. By executing this Agreement Contractor certifies that Contractor has not been identified,
and has not utilized the services of any agent or subcontractor identified, on the list created
by the State Treasurer pursuant to G.S. 147-86.81.
i. The County has designated( )to act as the County's representative with respect to the
Work and shall have the authority to render decisions within guidelines established by the
County Manager or the County Board of Commissioners and shall be available during
working hours as often as may be reasonably required to render decisions and to furnish
information.
j. Contractor shall at all times remain in compliance with all applicable local, state, and
federal laws, rules, and regulations including but not limited to all state and federal non-
discrimination laws, policies, rules, and regulations and the Orange County Non-
Discrimination Policy and Orange County Living Wage Policy(each policy is incorporated
herein by reference and may be viewed at
hgp•//www oran eg count n�c ov/departments/purchasing_division/contracts.php). Any
violation of the Orange County Non-Discrimination Policy is a breach of this Agreement
and County may immediately terminate this Agreement without further obligation on the
part of the County. This paragraph is not intended to limit and does not limit the definition
of breach to discrimination.
k. This Agreement together with any amendments or modifications may be executed
electronically. All electronic signatures affixed hereto evidence the consent of the Parties
to utilize electronic signatures and intent of the Parties to comply with Article I IA and
Article 40 of North Carolina General Statute Chapter 66.
1. In the event of a breach by Contractor Owner has sole authority to determine the
reasonableness of Contractor's actions to remedy such breach or complete the performance
of its obligations.
in. Upon request of the Owner, the Contractor shall submit to County all relevant
documentation, including but not limited to,job cost records, to support its claims for final
compensation and if such request is made final compensation shall not be due until all
relevant documentation is received,reviewed, and approved by Owner.
12. CONSEQUENTIAL AND LIQUIDATED DAMAGES
a. Owner and Contractor mutually waive any claim against each other for consequential
damages. Consequential Damages include:
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DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
i. Damages incurred by Owner for loss of use, income, financing, or business.
ii. Damages incurred by Contractor for office expenses, including personnel, loss of
financing, profit, income, business, damage to reputation, or any other non-direct
damages.
b. Liquidated damages shall be in accord with the Contract Documents. If the Contract
Documents do not otherwise address liquidated damages, such damages shall be in the
amount of five hundred dollars ($500.00)per day.
13. TERMINATION OR SUSPENSION
a. The Owner may, without cause, order the Contractor to terminate, suspend, delay or
interrupt the Work in whole or in part for such period of time as the Owner may determine.
i. If Owner issues a written order to delay, suspend, or interrupt the Work, and such
order is not due to or as a result of any fault on the part of the Contractor or any
subcontractor, the Contractor may recover a per diem amount of five hundred
dollars ($500.00) per day with a not-to-exceed limit of ten thousand dollars
($10,000.00).
ii. In the event of termination by the Owner under this Agreement, the Contractor
shall be entitled to receive its reasonable and documented direct costs prior to
termination, including the cost of materials purchased for the Work which
purchases cannot be canceled or which material cannot reasonably be used by the
Contractor on other work, and the cost of closing down the work in a safe and
efficient manner.
iii. If Owner elects to suspend or terminate the contract pursuant to subparagraphs
13.a.i. or 13 a.ii. the sole remedy available to the Contractor are those listed in the
subparagraphs and Contractor is not entitled to any right to further claims for any
amount owed or disputed or for payment of damages alleged to have been sustained
as a result of Owner's order to delay, suspend, or interrupt the Work.
b. The Owner may, with cause, order the Contractor to suspend, delay or interrupt the Work
in whole or in part for such period of time as the cause remains.
i. If Owner issues a written order to delay, suspend, or interrupt the Work, and such
order is due to or as a result of any fault on the part of the Contractor or any
subcontractor, the Owner may reduce payment at a per diem amount of five
hundred dollars ($500.00)per day.
c. Contractor may terminate the Contract if, at the Owner's written direction, the Work is
stopped for twenty one (21) consecutive days through no act or fault of the Contractor,
their agents or employees, or a subcontractor or their agents or employees or any other
person performing work pursuant to the Contract Documents. Contractor may terminate
the Contract if a Court or other Public authority having jurisdiction enters a lawful order
that requires all work to be stopped and such stoppage lasts for twenty one (21)
consecutive days.
Revised 07/20 8
DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
d. Either parry may terminate this Agreement upon notice to the other parry that obligations
pursuant to this Agreement are made impossible due to declarations of emergency by
Orange County or by North Carolina due to events directly impacting Orange County.
Both parties shall remain responsible for all payment and performance due up to the receipt
of such notice, but shall have no further obligation or responsibility beyond that date
provided the terminating party has taken all reasonable steps to complete the performance
of its obligations.
14. ENTIRE AGREEMENT
All of the documents listed, referenced or described in this Agreement, the written Notice-to-
Proceed, together with Modifications made or issued in accordance herewith are the Contract Documents,
and the work, labor, materials and completed construction required by the Contract Documents and all
parts thereof is the Work. The Contract Documents constitute the entire agreement between Owner and
Contractor. This Agreement may be amended only by written instrument signed by both parties.
Modifications may be evidenced by facsimile signatures. If any provision of the Agreement shall be
declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and
date first above written wholly or in a number of counterparts each of which shall, without proof or
accounting for other counterparts,be deemed an original contract.
ORANGE COUNTY CONTRACTOR
- /kk �vtt L;e�le ��iv�TOnW� �
Signature Si ture
County Manager i Printed Name and TitleJ
Revised 07/20 9
FULLCA
DocuSign Envelope ID:81 E05E8E-EED7-43D3-8B8A-0811 OE72140A
DD/YY
ULKTiFIGATE of LIABILITY INSURANCE FDAof/2a/TE(MM/DDNYYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does riot confer ri hts to the certificate holder in lieu of such endorsements.
PRODUCER 919-848-8405 .cT N.Dale Rimmer
Rim mer&Assoclates,Raleigh NAMPHONE 919-848-8405 FAX 919-848-9029
8320 Falls of Neuse Rd Ste 105 _(AICy xu Fxs: ( Ic Nv
Raleigh,INC 27615
N.Date Rimmer
INSURE R 1 9
INSURFRA liberty Mutual Insurance 23043
INSURED INSURER B:
Full Circle Environmental LLC
107 Lee Ct INSURER C:
Clayton,INC 27520 INSURER D:
INSURER E:
INSURER F:
CQVERAGES CERTIFICATE NUMBER: I I NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTR HSR TYPE OF INSURANCE ADDL SUB 7 Q�POLICY NUMBER POUCY P LIMITS
A X COMMERCIAL GENERAL LIABILITY CHccuRREN 1,000,000
CLAIMS-MADE OCCUR BKS60922774 03/02/2021 03/02/2022 MMfAGE,TO-{ER NrEll m01 500,000
FAED�A�one person S 15,000
PERSONAL&ADV IN U I 1,0G0+000
GENLAGGREGATE LIMITAPPLIJ S PER: GENERAL& GA 3,000,000
ROTHER:
POLICY jeT LOC R�AUCTS•CQN�IOP ACiG 3r000r000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
E�eocl
ANY AUTO 8DOHILY I14 URY(Far R2raonl
OWNED SCHEDULED
AUTOS ONLY AUTOS pp L INJURY Par accident
AUTOS ONLY AA ON Y Oa£R Y AtJ1AGE a
A X UMBRELLA LIAB OCCUR 1,000,000
F1 QC CURREN E
EXCESS LIAR CLAIMS-MADE US060922774 03/02/2021 03/02/2022 A EGATE 1,000,000
DED I X I RETENTIONS 10,000
A AND EMPLOYERS'COMPENSATION
A TIOI N X PER T}I-
ANYPROPRIETORMARTNERIEXECUTIVE YIN XW559639573 03/25/2021 03/25/2022 CH ACCIDENT 1,000,000
OFFICE RIM
EMI%REXCLUDED? N/A 1,000,000
andetory n I E_L.DISEASE-EA EMPLOYEE 5
If s,describe under
RIPTI F I N below DISEASE-POLICY LIMIT 1 1,000,000
A Bus Personal Prop BKS60922774 03/02/2021 03/02/2022 BPP 60,000
SPECIAL FORMS REPL COST Ded 1,000
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required)
CERTIFICATE ROWER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Oran a County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
g ty NC ACCORDANCE WITH THE POLICY PROVISIONS.
P.O. Box 8181
Hillsborough,NC 27278 AUTHORIZED REPRESENTATIVE
. 44S/
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